Administrative fines

The Administrative Fine Program assesses civil money penalties for late and non-filed reports. Fines are established by a pre-existing formula .

Most reports that committees file are covered under the Administrative Fine Program. This includes semi-annual, quarterly, monthly, pre-election, 30-day post-general and special election reports, as well as 48-Hour Notices.

Overview

If the Commission finds “reason to believe” (RTB) a committee failed to file on time, the FEC will notify that committee in writing of the finding and the penalty amount. These letters are sent to the committee and its treasurer at the address listed on the committee’s most recent Statement of Organization (Form 1).

Committees have 40 days to either pay the fine or submit a written challenge. The Commission will then make the appropriate final determination.

Search administrative fine cases

Find closed cases by searching for keywords or by case information (AF number and committee name).

Download administrative fine data as a CSV to use on your own:

Paying a fine

Committees can make payments by debit, credit card or automated clearing house (ACH) withdrawal on pay.gov (the government’s secure portal for online collections).

Submitting a challenge

A challenge must explain, in detail, the factual basis for the challenge. A challenge must demonstrate at least one of the following:

• The RTB finding was based on factual errors.
• The civil penalty amount was improperly calculated.
• The committee couldn’t file because of unforeseen circumstances beyond its control, and when those circumstances ended, the committee filed the late report within 24 hours. This is also called the “best efforts” defense.

Issues that are covered by the “best efforts” defense include the following:

• Failure of FEC computers or FEC-provided software, even after the committee sought technical assistance from the FEC
• Widespread disruption of internet transmissions (not caused by the committee’s own computer or internet service provider)
• Severe weather or other disaster-related incident

Issues that aren’t covered by “best efforts” defense include the following:

• Computer, software or internet failure
• Negligence or inexperience
• Unavailable committee staff (including a treasurer’s absence)
• Not knowing filing dates

The Commission strongly encourages committees to submit their challenge documents in the form of affidavits or declarations, because these forms are generally given more weight and credibility.

Submit challenges in writing to:

All written responses and supporting records should be converted to PDF (Portable Document Format) and must be emailed to AdministrativeFines@fec.gov.

Written challenges are reviewed by an independent officer at the FEC who was not involved in the original RTB finding. The officer will make a recommendation, which the Commission will consider along with the committee’s challenge.

If a challenge is denied, committees have 30 days to pay the penalty or seek court review of the case.

Collection of unpaid fines

If a committee fails to pay a fine, the Commission may transfer the case to the U.S. Department of the Treasury.

Treasury currently charges a fee of 30% of the civil money penalty amount for its collection services, or 32% if the age of the debt is greater than or equal to two years old. The fee is added to the original civil money penalty. Additionally, the Treasury may recover a delinquent debt by the following:

• Offsetting any payments — including tax refunds and salary — to the committee
• Garnishing administrative wages
• Reporting the debt to a credit bureau
• Reporting the debt to the IRS as potential taxable income
• Referring the debt for litigation

Legal citations

11 CFR 111 Subpart B
Administrative fines

11 CFR 111.35
If the respondent decides to challenge the alleged violation or proposed civil money penalty, what should the respondent do?

11 CFR 111.36
Who will review the respondent's written response?

11 CFR 111.37
What will the Commission do once it receives the respondent's written response and the reviewing officer's recommendation?

11 CFR 111.38
Can the respondent appeal the Commission's final determination?

52 U.S.C. §30104(a)
Receipts and disbursements by treasurers of political committees; filing requirements

Federal Register notices

89 Fed. Reg. 697 (January 5, 2024)
Civil monetary penalties annual inflation adjustments

87 Fed. Reg. 80020 (December 29, 2022)
Civil monetary penalties annual inflation adjustments

86 Fed. Reg 73638 (December 28, 2021)
Civil monetary penalties annual inflation adjustments

86 Fed. Reg. 1737 (January 11, 2021)
Civil monetary penalties annual inflation adjustments

85 Fed. Reg. 47891 (August 7, 2020)
Civil monetary penalties annual inflation adjustments

83 Fed. Reg. 66596 (December 27, 2018)
Civil monetary penalties annual inflation adjustments

82 Fed. Reg. 61140 (December 27, 2017)
Civil monetary penalties annual inflation adjustments

82 Fed. Reg. 8986 (February 2, 2017)
Civil monetary penalties annual inflation adjustments

81 Fed. Reg. 41196 (June 24, 2016)
Civil monetary penalties annual inflation adjustments

79 Fed. Reg. 3302 (January 21, 2014)
Extension of Administrative Fine Program

78 Fed. Reg. 44419 (July 24, 2013)
Civil monetary penalties inflation adjustments

75 Fed. Reg. 19873 (April 16, 2010)
Collection of administrative debts; collection of debts arising from enforcement and administration of campaign finance laws

74 Fed. Reg. 37161 (July 28, 2009)
Civil monetary penalties inflation adjustments; correction

74 Fed. Reg. 31345 (July 1, 2009)
Civil monetary penalties inflation adjustments

73 Fed. Reg. 72687 (December 1, 2008)
Extension of Administrative Fine Program

72 Fed. Reg. 14662 (March 29, 2007)
Best efforts in administrative fines challenges

70 Fed. Reg. 75717 (December 21, 2005)
Extension of Administrative Fine Program

69 Fed. Reg. 6525 (February 11, 2004)
Extension of Administrative Fine Program