[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]
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