[Federal Register Volume 60, Number 229 (Wednesday, November 29, 1995)]
[Rules and Regulations]
[Pages 61199-61200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29141]
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FEDERAL ELECTION COMMISSION
11 CFR Part 110
[Notice 1995-21]
Communications Disclaimer Requirements
AGENCY: Federal Election Commission.
ACTION: Final rule correction.
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SUMMARY: The Federal Election Commission is publishing a correction to
the final rules governing disclaimers on campaign communications that
were published in the Federal Register on Oct. 5, 1995. 60 FR 52069.
The correction deletes a reference to phone banks in the preamble to
the rules, thereby removing the inference that the Commission
determined phone banks to be considered general public political
advertising for purposes of these rules.
DATES: Further action, including the publication of a document in the
Federal Register announcing the effective date, will be taken after the
[[Page 61200]]
final disclaimer rules have been before Congress for 30 legislative
days pursuant to 2 U.S.C. 438(d). The disclaimer rules were transmitted
to Congress on Oct. 2, 1995.
FOR FURTHER INFORMATION CONTACT:
Ms. Susan E. Propper, Assistant General Counsel, 999 E Street NW.,
Washington, DC 20463, (202) 219-3690 or (800) 424-9530.
SUPPLEMENTARY INFORMATION: The Federal Election Campaign Act (the
``Act'') at 2 U.S.C. 441d(a) requires a disclaimer on communications by
any person that expressly advocate the election or defeat of a clearly
identified federal candidate, or solicit contributions, through any
form of general public political advertising. On Oct. 5, 1995, the
Commission published in the Federal Register revisions to the
implementing regulations, which are found at 11 CFR 110.11. 60 FR
52069.
In the discussion before adopting these revisions, the Commission
considered including phone banks in the list of communications that
require a disclaimer, but could not reach a majority decision to do so
by the required four affirmative votes. See 2 U.S.C. 437c(c).
Consequently, this proposal was not included in the final rules.
Accordingly, the term ``phone bank'' does not appear anywhere in
the text of the final rules. 60 FR 52072. Also, the Explanation and
Justification (``E&J'') that accompanied the final rules correctly
explained the Commission's action both in its discussion of phone banks
(60 FR 52070) and in the discussion of so-called ``push poll''
activity. 60 FR 52071-72. (The term ``push poll'' is generally used to
refer to phone bank activities or written surveys that provide false or
misleading information about a candidate under the guise of conducting
a legitimate poll.)
However, the E&J's discussion of new disclaimer requirements for
certain ``exempt activities,'' that is, activities by a candidate or
political party committee that are exempt from the Act's contribution
and expenditure limits under 11 CFR 100.8(b)(10), (16), (17), or (18),
inadvertently retained a statement from an earlier document to the
effect that exempt phone banks would require a disclaimer. The
Commission is deleting this language from the E&J to insure that no one
is misled by this inconsistency.
Correction of Publication
Accordingly, the publication of final regulations on October 5,
1995 (60 FR 52069), which were the subject of FR Doc. 95-24749, is
corrected as follows:
Explanation and Justification (Preamble) (Corrected)
On p. 52070, in the third column, in the second full paragraph, in
lines 14 and 15, ``phone banks and'' should be removed.
Danny Lee McDonald,
Chairman, Federal Election Commission.
[FR Doc. 95-29141 Filed 11-28-95; 8:45 am]
BILLING CODE 6715-01-M
