Rule2024-21983
Fraudulent Misrepresentation of Campaign Authority
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 26, 2024
Effective
September 26, 2024
Issuing agencies
Federal Election Commission
Abstract
The Federal Election Commission is issuing guidance on the fraudulent misrepresentation of campaign authority.
Full Text
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<title>Federal Register, Volume 89 Issue 187 (Thursday, September 26, 2024)</title>
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[Federal Register Volume 89, Number 187 (Thursday, September 26, 2024)]
[Rules and Regulations]
[Page 78785]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21983]
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FEDERAL ELECTION COMMISSION
11 CFR Part 110
[Notice 2024-24]
Fraudulent Misrepresentation of Campaign Authority
AGENCY: Federal Election Commission.
ACTION: Interpretive rule.
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SUMMARY: The Federal Election Commission is issuing guidance on the
fraudulent misrepresentation of campaign authority.
DATES: This interpretive rule is effective September 26, 2024.
FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Knop, Assistant General
Counsel, or Ms. Jennifer Waldman, Attorney, 1050 First Street NE,
Washington, DC 20463, (202) 694-1650 or (800) 424-9530.
SUPPLEMENTARY INFORMATION: The Federal Election Campaign Act (``FECA''
or ``Act'') prohibits the fraudulent misrepresentation of campaign
authority. It does so in two ways: (1) by barring Federal candidates or
their agents from fraudulently misrepresenting themselves or
organizations under their control as ``speaking or writing or otherwise
acting for or on behalf of any other candidate or political party or
employee or agent thereof on a matter which is damaging to such other
candidate or political party or employee or agent thereof'' or
``willfully and knowingly'' participating in or conspiring to do so;
and (2) by barring any person from ``fraudulently misrepresent[ing]''
themselves ``as speaking, writing, or otherwise acting for or on behalf
of any candidate or political party or employee or agent thereof for
the purpose of soliciting contributions or donations'' or ``willfully
and knowingly'' participating in or conspiring to do so. 52 U.S.C.
30124; see also 11 CFR 110.16.
It has been suggested that this statute may have a specific
application in light of new developments in technology, especially
content generated with the assistance of artificial intelligence
(``AI''). For this reason, the Commission is issuing this guidance to
clarify that 52 U.S.C. 30124 and 11 CFR 110.16 apply irrespective of
the technology used to conduct fraudulent misrepresentation.
For purposes of 52 U.S.C. 30124, it does not matter whether a
regulated person uses any particular form of technology, including AI,
in order to ``fraudulently misrepresent himself or any committee or
organization under his control as speaking or writing or otherwise
acting for or on behalf'' of another ``candidate or political party or
employee or agent'' or to engage in the ``[f]raudulent solicitation of
funds'' by ``misrepresent[ing] the person as speaking, writing, or
otherwise acting for or on behalf of any candidate or political party
or employee or agent thereof for the purpose of soliciting
contributions or donations.'' 52 U.S.C. 30124(a)-(b). The legal
question is whether the actor fraudulently holds himself or herself out
as ``acting for or on behalf of any other candidate or political party
or employee or agent thereof.'' Id. This fraud may be accomplished
using AI-assisted media, forged signatures, physically altered
documents or media, false statements, or any other means. The statute,
and the Commission's implementing regulation, is technology neutral.
The Commission believes that this interpretation of its statute and
attendant regulation will clarify the scope of 52 U.S.C. 30124 in
connection with evolving technology, including AI-assisted media and
future developments that remain unknown and unpredictable.
This interpretive rule announces the general course of action that
the Commission intends to follow. This interpretive rule does not
constitute an agency action requiring notice of proposed rulemaking,
opportunities for public participation, prior publication, or delay in
effective date under 5 U.S.C. 533. It does not bind the Commission or
any members of the general public, nor does it create or remove any
rights, duties, or obligations. The provisions of the Regulatory
Flexibility Act, which apply when notice and comment are required by
the Administrative Procedure Act or other relevant statute, do not
apply here. See 5 U.S.C. 603(a).
Dated: September 20, 2024.
On behalf of the Commission,
Sean J. Cooksey,
Chairman, Federal Election Commission.
[FR Doc. 2024-21983 Filed 9-25-24; 8:45 am]
BILLING CODE P
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</html>Indexed from Federal Register on September 26, 2024.
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