[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