[Federal Register Volume 84, Number 167 (Wednesday, August 28, 2019)]
[Proposed Rules]
[Pages 45116-45117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18504]
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FEDERAL ELECTION COMMISSION
11 CFR Part 104
[Notice 2019-12]
Rulemaking Petition: Filing Dates for Unauthorized Political
Committees
AGENCY: Federal Election Commission.
ACTION: Rulemaking Petition: Notification of Availability.
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SUMMARY: On June 14, 2019, the Federal Election Commission received a
Petition for Rulemaking, which asks the Commission to amend its
existing regulation that sets forth filing dates for unauthorized
political committees. The proposed amendment would require any
unauthorized committee that starts
[[Page 45117]]
an election year as a quarterly filer to maintain that status through
any primary elections in which the committee is involved. The
Commission seeks comment 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
http://www.fec.gov/fosers, reference REG 2019-02. Alternatively,
commenters may submit comments in paper form, addressed to the Federal
Election Commission, Attn.: Mr. Robert M. Knop, 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: Mr. Robert M. Knop, Assistant General
Counsel, or Ms. Jennifer G. Waldman, Attorney, Office of the General
Counsel, 1050 First Street NE, Washington, DC 20463, (202) 694-1650 or
(800) 424-9530.
SUPPLEMENTARY INFORMATION: On June 14, 2019, the Commission received a
Petition for Rulemaking (``Petition'') from the Campaign Legal Center
asking the Commission to amend 11 CFR 104.5(c)--which sets forth the
filing dates for unauthorized political committees \1\--to require any
unauthorized committee that starts an election year as a quarterly
filer to maintain that status through any primary elections in which
the committee is involved.
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\1\ An unauthorized committee ``is a political committee which
has not been authorized in writing by a candidate to solicit or
receive contributions or make expenditures on behalf of such a
candidate, or which has been disavowed pursuant to [11 CFR
100.3(a)(3)].'' 11 CFR 100.5(f)(2).
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The Federal Election Campaign Act, 52 U.S.C. 30101-45 (the
``Act''), provides unauthorized political committees with two methods
to report their receipts and disbursements to the Commission. The first
method allows unauthorized committees to file semi-annual reports in
non-election years and quarterly reports in election years. 52 U.S.C.
30104(a)(4)(A). Quarterly filers that make contributions or
expenditures in a primary or general election must file pre-election
reports 12 days before the election and must report the committee's
election activities up to 20 days before the election. 52 U.S.C.
30104(a)(4)(A)(ii). All quarterly filers also must file a post-general
election report no later than 30 days after the general election and
must report the committee's election activities up to 20 days after the
election. 52 U.S.C. 30104(a)(4)(A)(iii).
The second method allows unauthorized committees to file on a
monthly basis, except that in election years, a monthly filer must file
pre- and post-general election reports in lieu of the monthly report
for November and December and a year-end report no later than January
31 of the following calendar year. 52 U.S.C. 30104(a)(4)(B). Monthly
filers are not required to file pre- or post-election reports for
primary elections. Id.
Commission regulations allow an unauthorized committee to change
the frequency of its reporting once every calendar year. To do so, an
unauthorized committee must notify the Commission of its intent in
writing at the time it files a required report under its current
frequency and then file its next required report on the new filing
frequency. 11 CFR 104.5(c).
The Petition asks the Commission to open a rulemaking to amend
section 104.5(c) ``to ensure that all unauthorized committees are
required to file a pre-election report.'' Petition at 4. The Petition
argues that ``a well-timed switch from reporting on a quarterly cycle
to a monthly cycle just before a pre-election report is due can allow a
political committee to take advantage of the laxer quarterly filing
deadline, then avoid disclosing receipts and disbursements from the
last few weeks of the campaign until after the election is over--when
the information is of less value to voters.'' Petition at 2. The
Petition suggests that the Commission revise section 104.5(c) to
prohibit committees from switching their filing schedules during an
election year; prohibit committees from switching from quarterly to
monthly filing in any quarter in which they participate in a primary;
or establish that committees that switch to monthly filers
automatically revert back to quarterly filers if they are involved in a
primary in their first quarter after the switch. Id. at 4.
The Commission seeks comments on the petition. The public may
inspect the petition on the Commission's website, at http://www.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 Weintraub,
Chair, Federal Election Commission.
[FR Doc. 2019-18504 Filed 8-27-19; 8:45 am]
BILLING CODE 6715-01-P