Proposed Rule2022-06594
Electioneering Communications Reporting
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
March 29, 2022
Issuing agencies
Federal Election Commission
Abstract
The Commission announces its disposition of a petition for rulemaking filed on October 5, 2012, by the Center for Individual Freedom. The petition asks that the Commission revise two regulations on the reporting of electioneering communications. The Commission has decided not to initiate a rulemaking in response to the petition because the regulatory changes it sought have already been implemented in a separate rulemaking. The petition and other documents relating to this matter are available on the Commission's website, https:// www.fec.gov/fosers/ (REG 2012-01 Electioneering Communications Reporting).
Full Text
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<title>Federal Register, Volume 87 Issue 60 (Tuesday, March 29, 2022)</title>
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[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Proposed Rules]
[Pages 17954-17955]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06594]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 87, No. 60 / Tuesday, March 29, 2022 /
Proposed Rules
[[Page 17954]]
FEDERAL ELECTION COMMISSION
11 CFR Part 104
[Notice 2022-07]
Electioneering Communications Reporting
AGENCY: Federal Election Commission.
ACTION: Notice of disposition of petition for rulemaking.
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SUMMARY: The Commission announces its disposition of a petition for
rulemaking filed on October 5, 2012, by the Center for Individual
Freedom. The petition asks that the Commission revise two regulations
on the reporting of electioneering communications. The Commission has
decided not to initiate a rulemaking in response to the petition
because the regulatory changes it sought have already been implemented
in a separate rulemaking. The petition and other documents relating to
this matter are available on the Commission's website, <a href="https://www.fec.gov/fosers/">https://www.fec.gov/fosers/</a> (REG 2012-01 Electioneering Communications
Reporting).
DATES: March 29, 2022.
FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Knop, Assistant General
Counsel, or Ms. Cheryl A. Hemsley, Attorney, 1050 First Street NE,
Washington, DC 20463, (202) 694-1650 or (800) 424-9530.
SUPPLEMENTARY INFORMATION: On October 5, 2012, the Commission received
a petition for rulemaking from the Center for Individual Freedom. The
petitioner asked that the Commission revise 11 CFR 104.20(c)(8) and (9)
``by deleting the phrase `pursuant to 11 CFR 114.15,' thereby
explicitly applying the electioneering communication disclosure
obligations of corporations and labor unions to any form of
electioneering communication.'' Center for Individual Freedom, Petition
for Rulemaking (Oct. 5, 2012), REG 2012-01, <a href="https://sers.fec.gov/fosers/showpdf.htm?docid=122723">https://sers.fec.gov/fosers/showpdf.htm?docid=122723</a>. For the reasons explained below, the
Commission has decided not to initiate a rulemaking in response to the
petition.
The Federal Election Campaign Act, 52 U.S.C. 30101-45, requires
persons who pay for ``electioneering communications'' to satisfy
certain reporting requirements. An electioneering communication is a
broadcast, cable, or satellite communication that refers to a clearly
identified candidate for federal office, is publicly distributed within
60 days before a general election or 30 days before a primary election
and is targeted to the relevant electorate. 52 U.S.C.
30104(f)(3)(A)(i); 11 CFR 100.29(a). Every person who makes
disbursements for the direct costs of producing and airing
electioneering communications in an aggregate amount that exceeds
$10,000 in a calendar year, must file a report with the Commission. 52
U.S.C. 30104(f)(1), (2); 11 CFR 104.20.
Commission regulation 11 CFR 104.20(c) specifies the information
that must be included in electioneering communications reports. When
the instant petition was filed, paragraph (c)(8) provided that, ``[i]f
the disbursements [for the electioneering communications] were not paid
exclusively from a segregated bank account . . . and were not made by a
corporation or labor organization pursuant to 11 CFR 114.15,'' the
reports must include ``the name and address of each donor who donated
an amount aggregating $1,000 or more to the person making the
disbursement, aggregating since the first day of the preceding calendar
year.'' 11 CFR 104.20(c)(8) (2012). Similarly paragraph (c)(9) provided
that, ``[i]f the disbursements [for the electioneering communications]
were made by a corporation or labor organization pursuant to 11 CFR
114.15,'' the electioneering communications reports must include ``the
name and address of each person who made a donation aggregating $1,000
or more to the corporation or labor organization, aggregating since the
first day of the preceding calendar year, which was made for the
purpose of furthering electioneering communications.'' 11 CFR
104.20(c)(9) (2012). Section 11 CFR 114.15, in turn, established
certain criteria for electioneering communications that corporations
and labor organizations were permitted to finance with their general
treasury funds.
The Commission published a Notice of Availability on October 26,
2012, to ask for public comment on the petition. 77 FR 65332 (Oct. 26,
2012). The Commission received two substantive comments: One from the
petitioner endorsing its own petition, and one arguing generally that
corporations should be subject to disclosure requirements.
The Commission considered the petition and the comments at its open
meeting on March 7, 2013, but did not approve the initiation of a
rulemaking by the affirmative vote of four or more Commissioners. See
Certification of Commission Vote, Agenda Document 13-10 (Mar. 7, 2013),
REG 2012-01, <a href="https://sers.fec.gov/fosers/showpdf.htm?docid=296278">https://sers.fec.gov/fosers/showpdf.htm?docid=296278</a>; see
also 52 U.S.C. 30106(c) and 30107(a)(8) (requiring an affirmative vote
of at least four Commissioners to take any action to amend a
regulation). Accordingly, the Commission directed the Office of General
Counsel to draft a notice of disposition that included a summary of the
statements expressed by Commissioners regarding the petition.
The Commission has not made public or deliberated on a draft notice
of disposition addressing the merits of the petition. Instead, pursuant
to 11 CFR 200.4(b), the Commission is now issuing this notice of
disposition to explain that the Commission is not initiating a
rulemaking in response to the petition because the regulatory changes
it sought have already been implemented in a separate rulemaking.
Specifically, on October 21, 2014, the Commission published changes to
its rules governing independent expenditures and electioneering
communications by corporations and labor organizations. Independent
Expenditures and Electioneering Communications by Corporations and
Labor Organizations, 79 FR 62797, 62816 (Oct. 21, 2014); see also
Independent Expenditures and Electioneering Communications by
Corporations and Labor Organizations, 80 FR 12079 (Mar. 6, 2015)
(noting that amendments became effective on January 27, 2015). Among
other changes, these amendments deleted section 114.15 in its entirety
and removed the references to it from 11 CFR 104.20(c)(8) and (9). 79
FR at 62817, 62819.
Accordingly, the Commission declines to initiate a rulemaking in
[[Page 17955]]
response to the petition because all of the changes it sought have
already been made.
Dated: March 23, 2022.
On behalf of the Commission.
Allen J. Dickerson,
Chairman, Federal Election Commission.
[FR Doc. 2022-06594 Filed 3-28-22; 8:45 am]
BILLING CODE 6715-01-P
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