Disclaimers, Fraudulent Solicitation, Civil Penalties, and Personal Use of Campaign Funds

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The Federal Election Commission is issuing final rules regarding disclaimers in political communications, fraudulent solicitations, civil penalties, personal use of campaign funds, and a technical amendment under the Federal Election Campaign Act of 1971, as amended ("FECA" or "the Act"). The final rules implement portions of the Bipartisan Campaign Reform Act of 2002 ("BCRA") that govern new requirements for disclaimers accompanying radio, television, print, and other campaign communications, expand the FECA's fraudulent misrepresentation prohibition, increase the FECA's civil penalties for violating the prohibition on contributions made in the name of another, and codify the "irrespective" test regarding the personal use of campaign funds by candidates and Federal office holders. The Commission had planned to address BCRA-related rules for inaugural committees in this rulemaking; however, inaugural committees will now instead be addressed in a future rulemaking. Further information is provided in the supplementary information that follows.