Hackers Force FEC Offline A Week Before Midterms, Blocking Last-Minute Campaign Spending Reports

Federal Election Commission systems were targeted by an attempted breach just one week prior to the November 3 midterms, and the agency had to temporarily shut down its online electronic filing system.

According to the FEC’s Status Page, the Federal Election Commission first took down its online system for filing election finance reports at 10 p.m. ET on Monday. A FEC official handling online filings for the agency later that night told several campaign compliance firms, “We have a bad actor attempting to breach FEC systems. As a result, we’ve had to temporarily shut down our web-facing services.”

The shutdown blocks filing of the 24 hour and 48 hour reports that political groups use to disclose spending on individual races in the days leading up to an election. By 8pm ET on Tuesday, FEC officials said they had identified the problem and were working to correct it but in the meantime, online filing of reports remained unavailable.

FEC Deputy Press Officer Myles Martin told Newsweek that FEC staff were working to bring back the system as soon as possible and that search for existing reports would function as normal. Reports already filed remain available on the Commission’s website. The agency has not said who is behind the attempt or whether any breach actually succeeded. The FBI and the Cybersecurity and Infrastructure Security Agency both directed questions on the matter to the FEC.

That would be bad timing. In the last week alone, Super PACs and “dark money” groups spent an average of more than $50 million per day according to data compiled by the research director of OpenSecrets, Brendan Glavin. Spending reported on October 20 alone topped $250 million. “These are the key reports that tell us what is happening,” said Glavin.

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Swalwell Ordered By FEC To Return Campaign Contributions

Former California congressman Eric Swalwell was ordered by the Federal Election Commission (FEC) June 15 to return all donations received during his bid for governor before dropping out of the race.

The agency charged with enforcing federal campaign finance laws threatened Swalwell with an audit or enforcement action if he fails to give back $30,075 in contributions that 16 donors made to his campaign committee, according to a letter sent to the former candidate.

“Failure to comply with the provisions of the Act may also result in an enforcement action against the committee.“

In the letter, FEC Senior Campaign Finance Analyst Mary Seiler also stated Swalwell would not be eligible to request a time extension to give the money back.

According to the letter, the FEC requires candidates to return contributions to the donors if they drop out of a race. Swalwell did return some of the donations, but not all of them, according to the agency.

General election contributions can’t be used to pay off primary debts or other obligations, the FEC noted.

All refunds were required to be made by July 20. If not, the commission may take further legal action in the case, the FEC said.

Swalwell and his attorney, Sara Azari, didn’t return requests for comment about the FEC’s demands.

Swalwell dropped out of the governor’s race in April after multiple women stepped forward with sexual assault allegations, which he has denied. He also faced a U.S. House of Representatives ethics investigation over the accusations and a call from his party to resign.

The former congressman and candidate continues to face criminal and ethical investigations over the allegations.

His official state campaign finance disclosure information shows Swalwell collected donations from individuals and organizations until the day he resigned April 13. The last-minute donors included the United Food and Commercial Workers Western States Council Candidate PAC, California Dairies, real estate developer Jeff Worthe, and Greater Anesthesia Service and PAC – each of which gave him $39,200.

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