Electioneering Communications Reporting, 17954-17955 [2022-06594]

Agencies

• Federal Election Commission

[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 [www.gpo.gov]
[FR Doc No: 2022-06594]


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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. 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, https://www.fec.gov/fosers/ (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, https://sers.fec.gov/fosers/showpdf.htm?docid=122723. 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, https://sers.fec.gov/fosers/showpdf.htm?docid=296278; 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