REG 2022-03: Interim final rule on repayment of candidate loans
Pursuant to the Supreme Court's decision in FEC v. Ted Cruz for Senate, the Commission is removing regulatory restrictions on authorized committees' repayment of candidate personal loans.
The ruling held that the statutory provision implemented by the regulations in question, section 304 of the Bipartisan Campaign Reform Act of 2002, violates the free speech clause of the First Amendment. The Commission is removing the regulations implementing this statute without advance notice and comment because these revisions are necessary to conform the regulations to the Supreme Court's holding, and thus fall under the "good cause" exception of the Administrative Procedure Act.
The regulations deleted are as follows:
- 11 CFR § 110.1(b)(3)(ii)(C), which states that authorized committees must reduce calculated net debts by any outstanding candidate personal loans over $250,000;
- 11 CFR § 116.11, which restricts an authorized committee's repayment of personal loans exceeding $250,000 made by the candidate to the authorized committee; and
- 11 CFR § 116.12, which allows a campaign to repay a candidate's personal loans in amounts less than $250,000 with contributions made before, on, or after the date of the election.
The deletion of these regulations will take place after 30 legislative days have passed after the interim final rule has been transmitted to Congress, which the Commission estimates will occur on or about November 30, 2022.
The Commission is accepting comments on this revision to its regulations. Comments must be received by October 11, 2022. Commenters are encouraged to submit comments electronically (reference REG 2022-03) via the Commission’s website.
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