Federal Election Commission – Federal Register Recent Federal Regulation Documents

The Federal Election Commission requests comment on two alternative proposals to amend its regulations concerning disclaimers on public communications on the internet that contain express advocacy, solicit contributions, or are made by political committees. The Commission is undertaking this rulemaking in light of technological advances since the Commission last revised its rules governing internet disclaimers in 2006, and questions from the public about the application of those rules to internet communications. The Commission's goal is to promulgate a rule that in its text and interpretation recognizes the paramount importance of providing the public with the clearest disclosure of the payor or sponsor of these public communications on the internet. Both proposals are intended to give the American public easy access to information about the persons paying for and candidates authorizing these internet communications, pursuant to the Federal Election Campaign Act. Both proposals would continue to require disclaimers for certain internet communications, and both would allow certain internet communications to provide disclaimers through alternative technology. The proposals differ, however, in their approach. The Commission requests comment on all elements of both proposals. The two proposals need not be considered as fixed alternatives; commenters are encouraged to extract the best elements of each, or suggest improvements or alternatives, to help the Commission fashion the best possible rule. The Commission also requests comment on proposed changes to the definition of ``public communication.'' The Commission has not made any final decisions on any of the issues or proposals presented in this rulemaking.

As mandated by provisions of the Federal Election Campaign Act (``the Act''), the Federal Election Commission (``the Commission'') is adjusting certain expenditure limitations and the lobbyist bundling disclosure threshold set forth in the Act, to index the amounts for inflation. Additional details appear in the supplemental information that follows.

Ohio has scheduled special elections on May 8, 2018, and August 7, 2018, to fill the U.S. House of Representatives seat in the 12th Congressional District vacated by Representative Patrick J. Tiberi. Committees required to file reports in connection with the Special Primary Election on May 8, 2018, shall file a 12-day Pre-Primary Report. Committees required to file reports in connection with both the Special Primary and Special General Election on August 7, 2018, shall file a 12-day Pre-Primary, 12-day Pre-General Report and a 30-day Post- General Report.

The Federal Election Commission (``FEC'' or ``Commission'') will relocate to a building with a different street address in 2018 and is amending its regulations referencing its current street address to reflect this change in location.

Arizona has scheduled special elections on February 27, 2018, and April 24, 2018, to fill the U.S. House of Representatives seat in the 8th Congressional District vacated by Representative Trent Franks. Committees required to file reports in connection with the Special Primary Election on February 27, 2018, shall file a 12-day Pre-Primary Report. Committees required to file reports in connection with both the Special Primary and Special General Election on April 24, 2018, shall file a 12-day Pre-Primary, 12-day Pre-General Report and a 30-day Post- General Report.

Pennsylvania has scheduled a special general election on March 13, 2018, to fill the U.S. House of Representatives seat in the 18th Congressional District vacated by Representative Tim Murphy. Committees required to file reports in connection with the Special General Election on March 13, 2018, shall file a 12-day Pre-General Report, and a 30-day Post-General Report.

On October 10, 2017, the Federal Election Commission reopened the comment period on the Advance Notice of Proposed Rulemaking (``ANPRM'') seeking comment on whether to begin a rulemaking to revise its regulations concerning disclaimers on certain internet communications and, if so, on what changes should be made to those rules. The Commission has decided to extend the comment period for one business day due to technological difficulties.

On October 13, 2011, the Federal Election Commission published an Advance Notice of Proposed Rulemaking (``ANPRM'') seeking comment on whether to begin a rulemaking to revise its regulations concerning disclaimers on certain internet communications and, if so, on what changes should be made to those rules. On October 18, 2016, the Commission reopened the comment period to receive additional comments in light of legal and technological developments since that document was published. The Commission has decided to again reopen the comment period to receive additional comments in light of developments since that document was published. The Commission is not seeking comment on, nor does it propose changes to, any other rules adopted by the Commission in the Internet Communications rulemaking of 2006.