Rulemaking Petition: Requiring Reporting of Exchanges of Email Lists, 45116 [2019-18511]

Agencies

• Federal Election Commission

[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Proposed Rules]
[Page 45116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18511]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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. 84, No. 167 / Wednesday, August 28, 2019 / 
Proposed Rules

[[Page 45116]]



FEDERAL ELECTION COMMISSION

11 CFR Part 104

[Notice 2019-13]


Rulemaking Petition: Requiring Reporting of Exchanges of Email 
Lists

AGENCY: Federal Election Commission.

ACTION: Rulemaking Petition: Notification of availability.

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SUMMARY: On June 28, 2019, the Federal Election Commission received a 
Petition for Rulemaking asking the Commission to amend its existing 
regulation requiring political committees to report receipts and 
disbursements to specify that the regulation also applies to the 
receipt and disbursement of a mailing list or other valuable list, even 
if such a list is received or disbursed as part of an equal-value 
exchange. The Commission seeks comments on the petition.

DATES: Comments must be submitted on or before October 28, 2019.

ADDRESSES: All comments must be in writing. Commenters are encouraged 
to submit comments electronically via the Commission's website at 
https://sers.fec.gov/fosers/, reference REG 2019-03. Alternatively, 
commenters may submit comments in paper form, addressed to the Federal 
Election Commission, Attn.: Esther Gyory, Acting Assistant General 
Counsel, 1050 First Street NE, Washington, DC 20463.
    Each commenter must provide, at a minimum, his or her first name, 
last name, city, and state. All properly submitted comments, including 
attachments, will become part of the public record, and the Commission 
will make comments available for public viewing on the Commission's 
website and in the Commission's Public Records Office. Accordingly, 
commenters should not provide in their comments any information that 
they do not wish to make public, such as a home street address, 
personal email address, date of birth, phone number, social security 
number, or driver's license number, or any information that is 
restricted from disclosure, such as trade secrets or commercial or 
financial information that is privileged or confidential.

FOR FURTHER INFORMATION CONTACT: Ms. Esther Gyory, Acting Assistant 
General Counsel, or Mr. Tony Buckley, Attorney, Office of the General 
Counsel, 1050 First Street NE, Washington, DC 20463, (202) 694-1650 or 
(800) 424-9530.

SUPPLEMENTARY INFORMATION: On June 28, 2019, the Commission received a 
Petition for Rulemaking from the Campaign Legal Center (``Petition''). 
The Petition asks the Commission to amend 11 CFR 104.3 to clarify that 
``a political committee's receipt or disbursement of a membership or 
other valuable list must be reported, even when the list was received 
or disbursed as part of a purported equal-value list swap.'' Petition 
at 5.
    The Federal Election Campaign Act, 52 U.S.C. 30101-45 (the 
``Act''), and Commission regulations require a political committee to 
report its receipts and disbursements. 52 U.S.C. 30104(a); 11 CFR 
104.3(a) (reporting of receipts), (b) (reporting of disbursements). The 
Act lists specific categories of receipts and disbursements that must 
be reported, such as contributions, expenditures, and transfers to and 
from other political committees, as well as ``other forms of 
receipts,'' 52 U.S.C. 30104(b)(2)(J), and ``any other disbursements,'' 
52 U.S.C. 30104(b)(4)(G), (b)(4)(H)(v). Political committees must also 
report the total amount of all receipts and all disbursements. 52 
U.S.C. 30104(b)(2), (b)(4). The Commission's regulations implementing 
these statutory provisions require that political committees report 
contributions, expenditures, and other specified categories of receipts 
and disbursements, as well as ``other receipts'' and ``other 
disbursements.'' 11 CFR 104.3(a)(2)(viii), (b)(1)(ix), (b)(2)(vi).
    In several advisory opinions, the Commission has determined that an 
exchange of equally valued mailing lists between political committees 
would not result in a contribution or an expenditure, and therefore, 
would not be reportable under the Act. Advisory Opinion 1982-41 
(Dellums) at 2; see also Advisory Opinion 2002-14 (Libertarian National 
Committee) at 5 (concluding that exchanges of mailing lists of equal 
value would not be reportable event because ``no `contribution, 
donation, or transfer of funds or any other thing of value' takes 
place'').
    The Petition argues that the Commission has improperly narrowed the 
scope of committees' disclosure obligations ``for lists that are 
received or disbursed as part of a purported equal-value exchange.'' 
Petition at 3. The Petition requests that the Commission amend 11 CFR 
104.3 ``to clarify that a political committee's receipt or disbursement 
of a membership or other valuable list must be reported, even when the 
list was received or disbursed as part of a purported equal-value list 
swap.'' Petition at 5.
    The Commission seeks comments on the Petition. The public may 
inspect the Petition on the Commission's website at https://sers.fec.gov/fosers/, or in the Commission's Public Records Office, 
1050 First Street NE, 12th Floor, Washington, DC 20463, Monday through 
Friday, from 9 a.m. to 5 p.m.
    The Commission will not consider the Petition's merits until after 
the comment period closes. If the Commission decides that the Petition 
has merit, it may begin a rulemaking proceeding. The Commission will 
announce any action that it takes in the Federal Register.

    Dated: August 22, 2019.

    On behalf of the Commission.
Ellen L. Weintraub,
Chair, Federal Election Commission.
[FR Doc. 2019-18511 Filed 8-27-19; 8:45 am]
BILLING CODE 6715-01-P