Compliance
Lobbying Compliance and Campaign Finance Deadlines in October 2026
October 5, 2026 | Ben Zuegel, Vinnie Cannamela
Key Takeaways:
- The Federal Election Commission experienced a system outage on October 27 that prevented all electronic filing just days before the midterm elections, raising concerns about transparency in campaign finance disclosure.
- The 24-hour reporting requirement for independent expenditures of $1,000 or more during election years means groups must quickly disclose spending that supports or opposes candidates, but the FEC system outage has made compliance impossible.
- If the outage extends into next week, groups could spend money without immediate disclosure until after the election ends, undermining the transparency that federal election reporting requirements are designed to provide.
- The FEC has stated it will not impose penalties on late reports affected by the outage as long as filers submit their disclosures within 24 hours of the system being restored.
On the afternoon of October 27, the Federal Election Commission (FEC) sent a series of emails to alert users that the agency was offline. The outage, which affects all electronic filing modes, comes days ahead of a frenetic midterm election in what NBC refers to as "the most expensive election cycle ever." As we approach the 24-hour mark, speculation is growing that the attack was orchestrated by a malicious group and carried out by AI bots.
Federal Reporting Requirements During Election Cycles
In the days and weeks leading up to a primary or general election, federal political committees are beholden to time-sensitive disclosure of certain activities. In odd-numbered, non-election years, this means reporting independent expenditures in the aggregate of $10,000 within 48 hours. In election years, however, this requirement becomes significantly more onerous: independent expenditures of $1,000 or more must be reported within 24 hours.
The 24-hour reporting period for this general election began on October 15 and runs through November 1.
Defining Key Terms
Independent Expenditure
An independent expenditure is a payment for a communication that expressly advocates the election or defeat of a clearly identified federal candidate and is not made in cooperation, consultation, or concert with, or at the request or suggestion of, any candidate or political party. These expenditures must be reported to the FEC when they reach certain thresholds, especially during election periods.
Impact on Campaign Finance Transparency
Stringent 24-hour reporting means that even small expenditures supporting or opposing candidates must be disclosed by the groups and individuals who pay for them. The information included in these disclosures - what groups are supporting which candidates, how much is spent, and who donates to which PACs - is closely analyzed by experts and the public leading up to elections, and this knowledge sheds light and informs voters.
According to the emails sent by the FEC, filers are unable to submit any electronic reports until the outage is resolved. Although the FEC says that reports must be filed within 24 hours of the system being restored, the longer the outage goes, the more groups will be able to spend without the need for immediate disclosure. If the outage were to last until early next week, untold amounts of money could be spent and not disclosed until after the election ends, if at all. Any enforcement actions will be unlikely because the FEC lacks a quorum and because detecting illicit spending will be difficult.
FEC Response and Penalty Waivers
The FEC's status page is keeping the public informed and indicates that, as of 8:17 pm ET on Tuesday, a fix was being implemented - although it's impossible to tell how long that will take.
The FEC has indicated that while it cannot move statutory deadlines, it does have the discretion on when to impose penalties for missed filings. According to the FEC, penalties will not be applied to late reports affected by the outage provided the late report is filed within 24 hours of the FEC's systems being restored to functionality.
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Frequently Asked Questions
What happens to federal campaign finance filing deadlines during the FEC system outage?
Filers cannot submit any electronic reports until the outage is resolved, but the FEC has indicated it will not apply penalties to late reports affected by the outage, provided the late report is filed within 24 hours of the FEC's systems being restored. The FEC has also stated that it cannot move statutory deadlines, but does have discretion over when to impose penalties for missed filings.
What is the 24-hour independent expenditure reporting requirement during a general election?
During an election year, independent expenditures of $1,000 or more must be reported within 24 hours. The 24-hour reporting period for this general election began on October 15 and runs through November 1.
How does the FEC outage affect campaign finance transparency before the midterm election?
The longer the outage continues, the more groups will be able to spend without the need for immediate disclosure. If the outage were to last until early next week, untold amounts of money could be spent and not disclosed until after the election ends, if at all.
Why is FEC enforcement of campaign finance violations unlikely during this outage period?
Enforcement actions will be unlikely because the FEC lacks a quorum and because detecting illicit spending will be difficult.
How does the independent expenditure reporting threshold differ between election years and non-election years?
In odd-numbered, non-election years, independent expenditures must be reported in the aggregate of $10,000 within 48 hours. In election years, the requirement becomes significantly more onerous, with independent expenditures of $1,000 or more required to be reported within 24 hours.
