C.F.R. » Title 11 » CHAPTER I—FEDERAL ELECTION COMMISSION › SUBCHAPTER A—GENERAL › PART 111—COMPLIANCE PROCEDURE (52 U.S.C. 30109, 30107(a)) › Subpart B—Administrative Fines

11 C.F.R. § 111.44

What is the schedule of penalties for 48-hour notices that are not filed or are filed late?

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(a) If the respondent fails to file timely a notice regarding contribution(s) received after the 20th day but more than 48 hours before the election as required under 52 U.S.C. 30104(a)(6), the civil money penalty will be calculated as follows:

(1) Civil money penalty = $183 + (.10 × amount of the contribution(s) not timely reported).

(2) The civil money penalty calculated in paragraph (a)(1) of this section shall be increased by twenty-five percent (25%) for each prior violation.

(b) For purposes of this section, prior violation means a final civil money penalty that has been assessed against the respondent under this subpart in the current two-year election cycle or the prior two-year election cycle.

[65 FR 31794, May 19, 2000, as amended at 70 FR 34636, June 15, 2005; 74 FR 31349, July 1, 2009; 79 FR 77848, Dec. 29, 2014; 81 FR 41200, June 24, 2016; 82 FR 8989, Feb. 2, 2017; 82 FR 61143, Dec. 27, 2017; 83 FR 66599, Dec. 27, 2018; 85 FR 47894, Aug. 7, 2020; 86 FR 1740, Jan. 11, 2021; 86 FR 73641, Dec. 28, 2021; 87 FR 80023, Dec. 29, 2022; 89 FR 700, Jan. 5, 2024; 90 FR 213, Jan. 3, 2025]
Notes of Decisions
Cited in 4 cases, 2014–2018 · leading case: Garcia for Cong. v. Fed. Election Comm'n, 22 F. Supp. 3d 655 (N.D. Tex. 2014).
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Garcia for Cong. v. Fed. Election Comm'n, 22 F. Supp. 3d 655 (N.D. Tex. 2014). · cites it 2× “See 11 C.F.R. § 111.44 . Specifically, the Regulations provide that the civil monetary penalty shall be calculated as $110 for each contribution not timely reported plus 10% of the amount of each contribution.”
Robert McChesney v. Caroline C. Hunter, 900 F.3d 578 (8th Cir. 2018). “See also 11 C.F.R. § 111.44 (a). McChesney objected to the penalty, in part on the ground that "it is not based on an authorized schedule of penalties established by the Commission.”
McChesney v. Petersen, 275 F. Supp. 3d 1123 (D. Neb. 2016). · cites it 3× “11 C.F.R. § 111.44 (a)(1). Under § 111.44(a)(1) the current civil penalty for each untimely 48-hour notice is $137 plus ten percent of the “amount of the contribution(s) not timely reported.”
McChesney v. Peterson, 226 F. Supp. 3d 920 (D. Neb. 2016). · cites it 3× “11 C.F.R. § 111.44 (a)(1). Under § 111.44(a)(1) the current civil penalty for each untimely 48-hour notice is $137 plus ten percent of the “amount of the contribution(s) not timely reported.”
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