The Commission has published its updated civil penalty amounts for 2024, pursuant to a federal law that requires federal agencies to adjust civil penalties for inflation each year. The updated amounts were published in the Federal Register on January 5, 2024.
As required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the Commission is adjusting for annual inflation the civil monetary penalties that are set forth in Commission regulations.
The federal campaign finance laws administered by the Commission include two types of civil monetary penalties to be adjusted for inflation each year:
To calculate the adjustments for inflation, the Commission must apply the cost-of-living adjustment ratio (COLA) as directed by the Office of Management and Budget. The COLA ratio for 2024 is 0.03241 or 3.241 percent; thus, to calculate the new penalties, the Commission must multiply the most recent amounts listed in its regulations by 1.03241.
As adjusted, the potential civil penalty amounts listed under 11 CFR 111.24 for violations of federal campaign finance law have increased to range from $7,256 to $84,852 (from the previous range of $7,028 to $82,188). The amounts listed under this regulation are subject to negotiations and judicial discretion, and thus may not reflect the final penalty amounts that may be negotiated or imposed.
For administrative fines imposed for late or non-filing of FEC reports, the table of penalty formulas listed in FEC regulations at 11 CFR 111.43 has been adjusted for the COLA, as has the base amount used in the calculation formula for late or non-filed 48-hour notices listed in 11 CFR 111.44(a)(1).
The adjustments were published at 89 FR 697 on January 5, 2024. The new penalty amounts will apply to civil monetary penalties that are assessed after that date, even if the violation predated the increase.