109th CONGRESS
1st Session
H. R. 338
To amend the Federal Election Campaign Act of 1971 to require the
disclosure of certain information by persons conducting phone banks during
campaigns for election for Federal office, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 25, 2005
Mrs. MALONEY (for herself and Mr. PETRI) introduced the following bill; which
was referred to the Committee on House Administration
A BILL
To amend the Federal Election Campaign Act of 1971 to require the
disclosure of certain information by persons conducting phone banks during
campaigns for election for Federal office, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Voters' Right to Know Act of 2005'.
SEC. 2. DISCLOSURE OF INFORMATION BY PERSONS CONDUCTING PHONE BANKS DURING
FEDERAL ELECTION CAMPAIGNS.
(a) Application of Advertising Disclaimer Rules- Section 318(a) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441d(a)) is amended in the matter
preceding paragraph (1) by inserting after `section 304(f)(3))' the following:
`or any communication through a Federal election phone bank described in subsection
(e),'.
(b) Federal Election Phone Bank Described- Section 318 of such Act (2 U.S.C.
441d) is amended by adding at the end the following new subsection:
`(e) Federal Election Phone Banks-
`(1) ADDITIONAL DISCLOSURE REQUIREMENTS- In addition to any information
required to be disclosed under this section or otherwise reported under
this Act, each person who conducts a Federal election phone bank shall report
to the Commission the following information:
`(A) The total cost of conducting the phone bank.
`(B) All sources of funds used to conduct the phone bank (other than any
contribution for which information is otherwise required to be reported
under this Act).
`(C) The total number of households contacted.
`(D) A copy of the questions asked or information provided to respondents.
`(2) DEFINITION- Except as provided in paragraph (3), in this section, a
`Federal election phone bank' means a project under which an aggregate number
of not fewer than 1,500 households are contacted by telephone during the
25-day period which ends on the date of an election for Federal office and--
`(A) are asked to state a preference in the election or to state the likelihood
of their support of any candidate;
`(B) are asked to make a contribution or expenditure with respect to the
election;
`(C) are provided with information expressly advocating the election or
defeat of a clearly identified candidate for such office; or
`(D) are provided with any information regarding a clearly identified
candidate for such office.
`(3) EXCEPTION FOR PROJECTS CONDUCTED BY GENERAL MEDIA- A Federal election
phone bank does not include any project conducted through the facilities
of any broadcasting station, newspaper, magazine, or other periodical publication,
unless such facilities are owned or controlled by any political party, political
committee, or candidate.'.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to elections occurring
after January 2006.
END