Republican National Committee, National Republican Senatorial Committee and National Republican Congressional Committee v. Federal Election Commission

76 F.3d 400, 316 U.S. App. D.C. 139
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 11, 1996
Docket94-5248
StatusPublished
Cited by57 cases

This text of 76 F.3d 400 (Republican National Committee, National Republican Senatorial Committee and National Republican Congressional Committee v. Federal Election Commission) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Republican National Committee, National Republican Senatorial Committee and National Republican Congressional Committee v. Federal Election Commission, 76 F.3d 400, 316 U.S. App. D.C. 139 (D.C. Cir. 1996).

Opinions

[403]*403Opinion for the Court filed by Circuit Judge TATEL.

Opinion concurring in part and dissenting in part filed by Circuit Judge SENTELLE.

TATEL, Circuit Judge:

At issue in this appeal is a Federal Election Commission regulation interpreting what political committees must do under the Federal Election Campaign Act to demonstrate that they have exercised their “best efforts” to encourage donors to disclose certain personally identifying information. For more than a decade, the Commission considered a political committee to have exercised “best efforts” if the committee made a clear request for the information in its initial solicitation for funds. Concerned about low reporting rates, the Commission issued the regulation that is the focus of this appeal. This new regulation requires political committees to send a follow-up request to donors who fail to supply the information in response to the original solicitation; requires the inclusion of a statement that federal law obligates political committees to report the information to the FEC; and prohibits committees from including in the follow-up request any material other than the request for the information, the mandatory statement, and an expression of gratitude for the contribution. Finding the new regulation not contrary to the Act, arbitrary or capricious, or inconsistent with the First Amendment, the district court granted summary judgment for the Commission. We agree with the district court as to the requirement of a stand-alone follow-up request. Because the language of the mandatory statement is inaccurate and misleading, however, we conclude that this portion of the regulation is contrary to the statute.

I.

The Federal Election Campaign Act, first enacted in 1971, requires the treasurer of a political committee to report to the Federal Election Commission the name, address, occupation, and employer of donors giving more than $200 in a single year. 2 U.S.C. §§ 431(13), 434(b)(3)(A) (1994). Neither the Act nor any other law, however, requires donors to disclose this information.

In Buckley v. Valeo, 424 U.S. 1, 60-84, 96 S.Ct. 612, 664-666, 46 L.Ed.2d 669 (1976), the Supreme Court upheld the political committee reporting requirement against a First Amendment challenge. Applying “exacting scrutiny,” id. at 64, 96 S.Ct. at 656, the court sustained the requirement as “appear[ing] to be the least restrictive means of curbing the evils of campaign ignorance and corruption that Congress found to exist,” id. at 68, 96 S.Ct. at 658.

In 1976, Congress amended the Act by adding the following provision:

When committee treasurers and candidates show that best efforts have been used to obtain and submit the information required by this subsection, they shall be deemed to be in compliance with this subsection.

Federal Election Campaign Act Amendments of 1976, Pub.L. No. 94-283, 90 Stat. 475, 480 (formerly codified at 2 U.S.C. § 434(b) (1976)) (emphasis added). Congress did not define the term “best efforts”; nor did it do so three years later when it recodified the “best efforts” provision, deleting “candidates” as persons to whom the provision applied, but leaving the remaining language essentially intact. Federal Election Campaign Act Amendments of 1979, Pub.L. No. 96-187, 93 Stat. 1339,1347 (formerly codified at 2 U.S.C. § 432(i) (1976 & Supp.1979)).

Soon after the 1979 amendments became effective, the Commission issued a regulation that for the first time interpreted “best efforts.” 11 C.F.R. § 104.7 (1981 ed.). According to the regulation, if a political committee failed to report identifying information for a contributor whose gifts exceeded the $200 annual threshold, the committee could satisfy the “best efforts” provision by showing that its original solicitation, whether written or oral, included “a clear request” for the information that “inform[ed] the contributor that the reporting of the information is required by law.” § 104.7(b).

Over a decade later, dissatisfied with the extent to which political committees were obtaining the requested information from [404]*404contributors, the Commission gave notice that it intended to revise and strengthen the 1980 “best efforts” regulation. 57 Fed.Reg. 44, 137 (1992). After public comment and hearing, the Commission .issued a regulation providing that political committees would “only be deemed to have exercised best efforts” if, in addition to their request in the initial solicitation, they made a separate follow-up request to those contributors not disclosing all the information. See 58 Fed.Reg. 57,725, at 57,729 (Oct. 27, 1993) (codified at 11 C.F.R. § 104.7(b) (1994)). The new regulation provides that the follow-up request, like the request in the original solicitation, can be either oral—if documented in writing—or written. 11 C.F.R. § 104.7(b)(2). Both the original solicitation and the followup request must include, in a “clear and conspicuous manner,” the following statement:

Federal law requires political committees to report the name, mailing address, occupation and name of employer for each individual whose contributions aggregate in excess of $200 in a calendar years [sic].

11 C.F.R. § 104.7(b)(1)—(2). According to the regulation, the follow-up request may not contain anything other than the request for the missing information, the mandatory statement, and an expression of gratitude. The new regulation became effective on March 3,1994.

Presenting both statutory and constitutional arguments, the Republican National Committee, the National Republican Senatorial Committee, and the National Republican Congressional Committee—the primary political committees of the Republican Party at the national level—challenged the Commission’s new regulation in the United States District Court for the District of Columbia. They claimed that the plain language and legislative history of the “best efforts” provision, as well as the Commission’s previous interpretations of it, made clear that Congress intended to require no more than one request for the identifying information. Arguing that the Commission had failed to give a reasoned explanation for its new regulation, the Committees challenged the regulation as arbitrary and capricious in violation of the Administrative Procedure Act. 5 U.S.C. § 706(2)(A) (1994). The Committees also argued that the mandatory statement, the prohibition of additional “speech” in the followup request, and the regulation’s alleged financial and administrative burdens, violate the First Amendment.

The district court granted summary judgment for the Commission.

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76 F.3d 400, 316 U.S. App. D.C. 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/republican-national-committee-national-republican-senatorial-committee-and-cadc-1996.