Abstract

An understanding of the Federal Election Commission [FEC or Commission] is essential to one who counsels political action committees [PAC's], corporations, or trade associations that undertake political activity. Counsel will discover that the substantive law is often arcane, the activity is politically and publicly controversial, and the FEC is still relatively young and periodically unpredictable. There exists a potential for public embarrassment of a client in addition to the normal legal dangers and consequences of a federal election law violation.

Contact with the agency is virtually inevitable. Reports must be filed, committees are subject to audit, and protective advisory opinions can only be obtained from the FEC. The purpose of this Article is to guide counsel and committee officials on how to approach the FEC and its staff. The dynamics and decisionmaking process of the Commission is not altogether ascertainable from the language of the Federal Election Campaign Act as amended [FECA], or the regulations. After five years of existence, the FEC, like any other governmental organization, has settled into a mode of operation that is in part a result of practice rather than statutory edict. This Article discusses common agency practice as well as enacted law and promulgated rules of procedure. The discussion below focuses on the Commission and its staff's organization, the processing of reports filed under FECA, and the administrative procedures relating to audits, investigations, and the issuance of advisory opinions.

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