[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Rules and Regulations]
[Page 16233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6756]
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FEDERAL ELECTION COMMISSION
11 CFR Part 110
[Notice 2011-02]
Interpretive Rule Regarding Electronic Contributor Redesignations
AGENCY: Federal Election Commission.
ACTION: Notice of interpretive rule.
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SUMMARY: Commission regulations require that a contributor's
redesignation of a contribution for another election be in writing and
signed by the contributor. The Commission construes the requirements of
11 CFR 110.1(b)(5) and 110.2(b)(5) to encompass a certain method of
electronic redesignation. The method of electronic redesignation is
described in the supplementary information below.
DATES: This Interpretive Rule is effective March 23, 2011.
FOR FURTHER INFORMATION CONTACT: Allison T. Steinle, Attorney, Office
of General Counsel, 999 E Street, NW., Washington, DC 20463 (202) 694-
1000 or (800) 424-9530.
SUPPLEMENTARY INFORMATION: Commission regulations require that a
contributor's redesignation of a contribution for another election be
in writing and be signed by the contributor. 11 CFR 110.1(b)(5) and
110.2(b)(5). The Commission, however, recognizes that it should
interpret the Federal Election Campaign Act of 1971, as amended, 2
U.S.C. 431 et seq. (``the Act'') and its regulations ``consistent with
contemporary technological innovations * * * where such technology
would not compromise the intent of the Act and regulations.'' Advisory
Opinion 1999-09 (Bradley for President); see also Advisory Opinions
2007-30 (Dodd); 2007-17 (DSCC); 1999-36 (Campaign Advantage); 1999-03
(Microsoft PAC); 1995-09 (NewtWatch).
During the course of an audit, the Commission recently determined
that a specific redesignation practice provided the same degree of
assurance of the contributor's identity and the contributor's intent to
redesignate the contribution as a handwritten signature. Accordingly,
the Commission determined that the practice met the requirements of 11
CFR 110.1(b)(5). The Commission believes it is important to inform the
public, including political committees and their treasurers, of this
determination.
The specific method approved by the Commission worked in the
following manner: The political committee informed contributors through
postal mail, with a follow-up e-mail, that, by visiting a Web site
printed in the letter or by clicking on a link in the e-mail message
that directed contributors to the Web site, they could redesignate
their contributions to the candidate's other authorized committee if
they wished to do so. Contributors were also informed that if they did
not redesignate their contributions, they would then receive refunds
automatically. Contributors who visited the Web site were asked to fill
out an electronic form affirmatively authorizing the redesignation and
verifying their identity by entering their personal information,
including first and last name, address, phone number, e-mail address,
occupation, and name of employer. Upon completing the form,
contributors received a ``receipt record,'' thanking them for their
redesignation. The political committee also retained a record of each
electronic redesignation in a database, including the personal
information provided by each contributor making a redesignation, in a
manner consistent with the recordkeeping requirements for signed
written redesignations under 11 CFR 110.1(l). The Commission concluded
that this process provided assurance of contributor identity and intent
equivalent to a written signature.
Accordingly, the Commission construes the written signature
requirements of 11 CFR 110.1(b)(5) and 110.2(b)(5) to encompass the
method of electronic redesignation described above. Because the
specific method approved by the Commission requires the contributor to
provide personal information that can be verified against a committee's
records, it provides a level of assurance as to the contributor's
identity and intent comparable to that of a written signature. See
Explanation and Justification for Final Rules on Contribution
Limitations and Prohibitions, 67 FR 69928, 69934 (Nov. 19, 2002)
(Commission declined to eliminate the written signature requirement for
contributor redesignations).
The Commission encourages the use of innovations in technology to
effectuate electronic redesignations. In that light, committees are
advised that the Commission will consider other methods of electronic
redesignation not explicitly addressed in this interpretive rule,
provided that they offer a sufficient degree of assurance of the
contributor's identity and the contributor's intent to redesignate.
Unless and until the Commission initiates a rulemaking on this issue,
such consideration may be provided on a case-by-case basis, including
but not limited to the Commission's advisory opinion process or
requests for Commission consideration of legal questions. See 2 U.S.C.
437f; 11 CFR part 112; Policy Statement Establishing a Pilot Program
for Requesting Consideration of Legal Questions by the Commission, 75
FR 42088 (July 20, 2010). Committees are also advised that this
interpretive rule does not alter or affect the timing or recordkeeping
requirements of 11 CFR 110.1 or 110.2.
This Federal Register notice represents an interpretive rule
announcing the general course of action that the Commission intends to
follow. This interpretive rule does not constitute an agency rule
requiring notice of proposed rulemaking, opportunities for public
participation, prior publication, and delay in effective date under 5
U.S.C. 553 of the Administrative Procedure Act (``APA''). As such, it
does not bind the Commission or any members of the general public, or
create or remove any rights, duties, etc. The provisions of the
Regulatory Flexibility Act, which apply when notice and comment are
required by the APA or another statute, are not applicable. See 5
U.S.C. 603(a).
Dated: March 16, 2011.
On behalf of the Commission.
Cynthia L. Bauerly,
Chair, Federal Election Commission.
[FR Doc. 2011-6756 Filed 3-22-11; 8:45 am]
BILLING CODE 6715-01-P