Request for EC lobbying exemption denied

On August 29, 2006, the Commission approved a Notice of Disposition ending its consideration of a rulemaking petition that sought to exempt certain "grassroots lobbying" communications from the electioneering communications (EC) rules. See April 2006 Record. The Notice clarifies that—while the Commission has decided not to initiate a rulemaking at this time—it may consider doing so in the future.

The Commission considered but did not approve a draft interim final rule that would have exempted certain radio and television communications from the definition of electioneering communication provided they were "grassroots lobbying communications." The proposed rule would have defined a "grassroots lobbying communication" as any communication that:

• References a clearly identified federal candidate, but refers to that candidate only in his or her capacity as an incumbent public officeholder, does not reference the incumbent public officeholder's character, qualifications, or fitness for public office, and does not refer to any federal election or political party;
• Has as its subject a public policy issue under consideration by Congress or the Executive Branch;
• Urges the public officeholder to take a particular position or action with respect to the public policy issue or urges the general public to contact the incumbent public officeholder for the purposes of encouraging such position or action;
• Does not promote, attack, support, or oppose any candidate for the office sought by the incumbent public officeholder; and
• References the record or position of the public officeholder only by quoting that officeholder's own public statements or reciting that officeholder's official actions, such as a vote.

Currently, such ads are subject to funding restrictions and disclosure requirements if they otherwise satisfy the EC definition. See, for example, 11 CFR 100.29, 104.20, and 114.14.

The Notice of Disposition announcing the Commission's decision not to proceed with a rulemaking at this time appeared in the September 5, 2006, Federal Register. 71 FR 52295. The notice and other documents related to this rulemaking are available on the web at http://sers.fec.gov/fosers/showpdf.htm?docid=7749.