9236 Federal Register / Vol. 48, No. 44 / Friday, March 4, 1983 / Rules and Regulations

§ 910.698 Lemon Regulation 398.

The quantity of lemons grown in 

California and Arizona which may be 

handled during the period February 13, 

1983, through February 19,1983, is 

established at 265,000 cartons.

(Secs. 1-19,48 Stat. 31, as amended; 7 U.S.C.

601-674)

Dated: March 3,1983.

D. S. Kuryloski,

Acting Director, Fruit and Vegetable Division,

Agricultural Marketing Service.

(FR Doc. 83-5632 Filed 3 -3 -8 3 ; 11:55 am]

BILLING CODE 3410-02-M

FEDERAL ELECTION COMMISSION 

11 CFR Part 114 

[Notice 1983-6]

Nonpartisan Communications by 

Corporations and Labor Organizations

a g e n c y : Federal Election Commission 

a c t i o n : Transmittal of regulations to 

Congress.

SUMMARY: FEC regulations at 11 CFR

114.3 and 114.4 governing contributions 

and expenditures by corporations and 

labor organizations for nonpartisan 

communications have been revised and 

transmitted to Congress pursuant to 2

U.S.C. 438(d). The revisions were 

initiated to incorporate into the 

regulations several advisory opinions 

which the Commission has issued in this 

area. The Commission has also 

considered public comments received in 

response to its Advance Notice of 

Proposed Rulemaking (45 FR 56349; 

August 25,1980) and Notice of Proposed 

Rulemaking (46 FR 44964; September 8,

1981).

The revisions clarify the classes of 

persons to whom nonpartisan 

communications may be made under 

each section and indicate the types of 

communications which are permissible. 

They also expand the types of 

publications which may be distributed 

to the general public by corporations 

and labor organization to include 

nonpartisan voting records and voter 

guides. Further information on the 

revised regulations is contained in the 

supplementary information which 

follows.

e f f e c t iv e DATE: Further action, 

including the announcement of an 

effective date, will be taken by the 

Commission after these regulations have 

been before the Congress 30 legislative 

days in accordance with 2 U.S.C. 438(d). 

FOR FURTHER INFORMATION CONTACT:

Ms. Susan E. Propper, Assistant General 

Counsel, 1325 K Street, NW.,

Washington, D.C. 20463, (202) 523-4143 

or (800) 424-9530.

SUPPLEMENTARY INFORMATION: 2 U.S.C. 

438(d) requires that any rule or 

regulation prescribed by the 

Commission to carry out the provisions 

of Title 2, United States Code, be 

transmitted to the Speaker of the House 

of Representatives and the President of 

the Senate prior to final promulgation. If 

neither House of Congress disapproves 

of the regulations within 30 legislative 

days of their transmittal, the 

Commission may finally prescribe the 

regulations in question. The following 

regulations were transmitted to 

Congress on March 1,1983.

Explanation and Justification of 11 CFR

114.3 and 114.4

Section 114.3 Disbursements for

Communications in Connection with a

Federal Election to R estricted Class.

Section 114.3(a) General.

Paragraph (a)(1) sets forth the basic 

rule of 2 U.S.C. 441b(b)(2)(A), which 

allows corporations and labor 

organizations to communicate with their 

restricted class on any subject. A 

corporation’s restricted class includes 

its stockholders, executive and 

administrative personnel and their 

families, the restricted class of labor 

organizations has been redefined in this 

subsection to include the organizations’ 

executive and administrative personnel 

and their families, as well as members 

and their families. This inclusion is 

consistent with the legislative intent 

“that unions, insofar as they are 

employers, stand in the same shoes as 

corporations.”

See, generally, H.R. Conf. Rep. No. 

1057,94th Cong., 2d Sess. 64 (1976).

This paragraph also distinguishes 

between the communications that may 

be made to the restricted class and 

those that may be made to the general 

public as permitted under 11 CFR 114.4. 

Finally, language has been added to 

paragraph (a)(1) to make it clear that 

national banks and corporations 

organized pursuant to a Congressional 

enactment may not make contributions 

or expenditures for partisan 

communications to the general public in 

connection with any election, including 

State and local elections.

Paragraph (a)(2) clarifies the . 

application of § 114.3 to incorporated 

membership organizations, incorporated 

trade associations, incorporated 

cooperatives, and corporations without 

capital stock. The restricted class of 

these organizations has been redefined 

to include families of members. This 

addition is consistent with the 

provisions defining the restricted classes

of corporations and unions under 2

U.S.C. 441b, both of which include 

families.

Section 114.3(b) Reporting Partisan

Communications.

This paragraph generally follows 

current § 114.3(b) while clarifying which 

disbursements for communications to 

the restricted class must be reported.

Section 114.3(c) M eans o f Making

Partisan Communications.

This paragraph generally follows 

current § 114.3(c), but explains that the 

kinds of communications listed in this 

subsection are examples of those for 

which disbursements must be reported 

under paragraph (b).

Section 114.3(c)(1) Partisan

Publications.

Paragraph (c)(1) generally follows 

current § 114.3(c)(1). However, 

paragraph (c)(l)(ii) has been revised to 

state that a corporation or labor 

organization may use brief quotations 

from speeches or other materials 

prepared by a candidate in expressing 

its own views under this section.

Section 114.3(c)(2) Partisan Candidate

and Party Appearances.

Paragraph (c)(2) expands current 

§ 14.3(c)(2) by eliminating the 

requirements that a meeting at which a 

candidate or party representative 

appears to address members of the 

sponsor’s restricted class be one that is 

“regularly scheduled” and “primarily 

held for other purposes.” In addition, 

this paragraph now permits the presence 

of employees who are outside the 

restricted class, a limited number of 

invited guests and observers, and 

representatives of the news media at 

such meetings. At the Commission’s 

public hearing on these regulations the 

presence of such persons was described 

as a necessary element of such meeting 

and, therefore, the Commission was 

urged to provide an exception for them 

under this section. The Commission 

notes, however, that this provision is 

limited to those employees necessary to 

administer the meeting. Similarly, the 

presence of invited guests and observers 

is limited to speakers, recipients of 

awards and other persons specially 

invited to attend such a meeting and is 

not intended to permit a sponsor to 

invite large numbers of persons outside 

the solicitable class, such as rank and 

file employees of a corporation, whose 

presence would otherwise trigger the 

rules governing nonpartisan 

appearances under § 114.4.
Federal Register / Vol. 48, No. 44 / Friday, March 4, 1983 / Rules and Regulations 9237

Section 114.3(c)(3) Partisan Phone

Banks.

Paragraph (c)(3) generally follows 

current § 114.3(c)(3).

Section 114.3(c)(4) Partisan

Registration and Get-Out-The-Vote

Drives.

Paragraph (c)(4) generally follows 

current § 114.3(c)(4).

Section 114.4 Expenditures for

Communications in Connection With a

Federal Election to the R estricted Class

and the G eneral Public.

Section 114.4(a) Nonpartisan

Communications by a Corporation or

Labor Organization to its R estricted

Class.

Section 114.4(a)(1) General.

Paragraph (a)(l)(i) makes clear that 

corporations and labor organizations 

may make the nonpartisan 

communications permitted under this 

section just to their restricted class if 

they so choose. It also clarifies the 

distinction between this section and 

§ 114.3, which describes 

communications that may only be made 

to the restricted class. As in § 114.3, this 

section adds “executive and 

administrative personnel” to the 

restricted class of labor organizations.

Paragraph (a)(l)(ii) was added to 

clarify the application of this section to 

incorporated membership organizations, 

incorporated trade associations, 

incorporated cooperatives and 

corporations without capital stock. 

These organizations are treated as 

corporations for the purpose of making 

the communications to die general 

public permitted under §114.4 (b) and

(c). As in § 114.3, the restricted class of 

these organizations has been expanded 

to include families of members.

Section 114.4(a)(2) Nonpartisan

Candidate and Party Appearances on

Corporate Prem ises or at a M eeting,

Convention or Other Function.

This section generally follows current 

§ 114.4(b)(1) but has been revised to 

include meetings, conventions or other 

functions sponsored by the corporation, 

regardless of whether they are held on 

corporate premises. Also, the category 

of Presidential and Vice Presidential 

candidates that may request to appear 

at such meetings is more specifically 

defined under paragraph (a)(2)(ii) than 

in the current regulations to reduce the 

burden on sponsoring organizations that 

must provide a forum under this rule.

It should be noted that the operation 

of this subsection involves appearances 

in connection with a federal election. 

Such appearances can be distinguished

from those in which an incumbent, who 

may also be a “candidate” under the 

Act, is requested to appear in his or her 

capacity as an officeholder at a public 

meeting sponsored by a corporation or 

labor organization. If the discussion at 

the meeting is limited to issues of 

concern to the sponsoring organization 

or its industry and avoids any reference 

to campaign activity, the sponsor may 

finance the meeting without triggering 

the “equal opportunity to appear” ^ 

requirements of this paragraph. See e.g., 

Advisory Opinion 1980-22.

Section 114.4(a)(3) Nonpartisan

Candidate and Party Appearances on

Labor Organization Prem ises or at a

Meeting, Convention or Other Function.

This section generally follows current 

§ 114.4(b)(2) and, like § 114.4(a)(2), has 

been expanded to include nonpartisan 

candidate and party appearances at 

meetings, conventions or other functions 

sponsored by the labor organization 

which are not held on its premises.

Section 114.4(b) Nonpartisan

Communications by Corporations and

Labor Organizations to the General

Public.

Section 114.4(b)(1) General.

This paragraph clarifies that the 

communications described in § 114.4(b) 

may be made to the general public. It 

also permits the sponsor of a 

communication made under this section 

to identify itself or include its logo on 

materials prepared and distributed 

under this section, consistent with the 

Commission’s decision in Advisory 

Opinion 1980-55.

Section 114.4(b)(2) Nonpartisan

Registration and Voting

Communications.

This paragraph has been added to 

incorporate the Commission’s decision 

in Advisory Opinion 1980-20 into the 

regulations. It broadens the class of 

persons to whom a nonpartisan 

registration or voting communication 

may be made to include members of the 

general public. Under current 

§ 114.4(c)(1), such communications are 

limited to employees of the corporation 

or labor organization.

Paragraph (b)(2)(i) contains three 

factors that the Commission may 

consider in determining whether a 

communication made under this section 

is nonpartisan. The first two factors 

generally follow current § 114.4(c)(l)(ii) 

but permit the list of candidates, if 

included, to name only those running for 

a particular seat or office rather than 

requiring the sponsor to print all the 

candidates on the official ballot. The

third factor generally follows current 

§ 114.4(c)(l)(i).

Paragraph (b)(2)(ii) expands the list of 

media through which a communication 

may be made under this section from 

that set forth in current § 114.4(c)(1).

Section 114.4(b)(3) Official

Registration and Voting Information.

This paragraph generally follows the 

provisions of current § 114.4(c)(2).

Paragraph (b)(3)(iii) has been included 

consistent with the Commission’s 

decision in Advisory Opinion 1980-55. 

That paragraph provides that a 

corporation or labor organization may 

donate funds to State or local election 

administrators to pay for the printing 

and distribution costs of official 

registration materials and voter 

information.

Section 114.4(b)(4) Voting Records.

This paragraph permits corporations 

and labor organizations to prepare end 

distribute nonpartisan voting records 

which contain a factual recital of an 

incumbent’s or candidate’s vote on bills 

and other measures. The preparation 

and distribution of such voting records 

under this paragraph may not be for the 

purpose of influencing a Federal 

election.

Section 114.4(b)(5) Voter Guides.

Under this paragraph, corporations 

and labor organizations may prepare 

and distribute nonpartisan voter guides 

which describe a candidate’s position on 

campaign issues. Corporations and labor 

organizations may submit questions to 

candidates on one or more campaign 

issues and then print their responses. To 

ensure the nonpartisanship of such 

publications, this paragraph lists six 

factors which the Commission may 

consider in determining whether a 

particular voter guide is nonpartisan. 

These factors are intended to bè 

illustrative, not exhaustive, and are 

based in part upon factors articulated by 

the Internal Revenue Service in Revenue 

Rulings 78-248 and 80-282. The first 

factor in paragraph (b)(5)(i) is whether 

the questionnaires are sent to all 

candidates running for a particular 

office. With regard to Presidential and 

Vice Presidential candidates however, 

only those candidates seeking a major 

party’s nomination or who are on the 

general election ballot in enough States 

to win a majority of the electoral votes 

need be included. While permitting the 

sponsoring organization to impose 

restrictions on the length of the 

candidates’ responses, paragraph

(b)(5)(ii) requires that the sponsor 

reprint the candidates’ responses
9238 Federal Register / Vol. 48, No. 44 / Friday, March 4, 1983 / Rules and Regulations

without change or additional comment.

If the candidates’ responses exceed the 

stated word limit, the sponsor may 

choose to print the responses either in 

their entirety or after deleting that part 

of each response which exceeds the 

word limit.

Furthermore, under paragraph

(b)(5)(iii), the Commission may consider 

whether the wording of the questions is 

slanted to suggest the sponsor’s 

viewpoint on any issue. The next factor, 

in paragraph (b)(5)(iv), concerns 

whether the voter guide expresses an 

editorial opinion or indicates support for 

or opposition to any candidate or 

political party. Paragraph (b)(5){v) 

would permit the inclusion of 

biographical information on each 

candidate in the voter guide, such as 

schools attended, degrees earned, past 

employment and any office held. The 

sponsoring organization would also be 

allowëd to limit the number of words on 

this information. Finally, paragraph

(b)(5)(vi) concerns whether the voter 

guide is distributed in the geographic 

area in which the sponsoring 

organization normally operates.

Section 114.4(c) Nonpartisan

Registration and Get-Out-The-Vote

Drives.

Section 114.4(c)(1) Requirements for

Conducting Nonpartisan Drives.

This paragraph generally follows 

current § 114.4(d). References to civic 

and nonprofit organizations in the 

current provisions of § 114.4(d) have 

been changed in the revised regulations 

to “nonprofit organization which is 

exempt from federal taxation under 26 

U.S.C. 501(c)(3) or (4) and which does 

not support, endorse or oppose 

candidates or political parties.” In 

addition, this subsection now permits 

co-sponsorship by a State or local 

election agency. To meet the 

requirement that the drive be 

“conducted” by the tax-exempt 

organization or election agency, one or 

more persons from such co-sponsors 

must participate in the administration of 

the drive. This requirement does not 

preclude, however, the presence of 

corporate or labor organization 

personnel or members to assist in the 

activity. Paragraph (cj(l)(ii) allows 

corporations and labor organizations to 

set up a table or rack on their own 

premises for distributing official voting 

information without co-sponsorship with 

a tax-exempt organization.

Section 114.4(c)(2) Donation o f Funds.

This paragraph incorporates the 

Commission’s decision in Advisory 

Opinion 1980-55 into the regulations by

providing that corporations and labor 

organizations may donate funds to State 

or local election administrators and 

nonpartisan tax-exempt organizations to 

defray the costs of registration and 

voting drives conducted by such 

officials and organizations.

Section 114.4(c)(3) Use o f Personnel

and Facilities.

This paragraph generally follows the 

provisions of current § 114.4(d)(3).

Section 114.4(c)(4) When Cosponsorship Not Required.

This paragraph has been added to 

incorporate the Commission’s decision 

in Advisory Opinion 1980-45. Pursuant 

to this subsection, a nonpartisan taxexempt organization may conduct 

registration and voting chives without 

the need for a co-sponsor.

Section 114.4(c)(5) Identification of

Drive Sponsors.

This paragraph requires that any 

materials produced for use in connection 

with a registration or get-out-the-vote 

drive aimed at the general public 

contain the names of all the sponsors of 

the drive.

Section 114.4(d) Incorporated

M embership Organizations,

Incorporated Trade Associations, ¥

Incorporated Cooperatives and

Corporations Without Capital Stock.

This paragraph permits corporations 

without capital stock, and incorporated 

membership organizations, trade 

associations and cooperatives to invite 

candidates, their representatives or the 

representatives of political parties to 

address the members or employees of 

the organization subject to the 

requirements of § 114.4(a)(2).

Conforming Amendments

Several conforming amendments have 

been made to other sections of Part 114. 

These amendments reflect the addition 

of a labor organization’s executive and 

administrative personnel and the 

families of members of a membership 

organization to the restricted class of 

each type of organization.

lis t of Subjects in 1 1 CFR Part 114

Business and industry, Elections, 

Labor.

11 CFR Part 114 is amended as 

follows:

PART 114— [AMENDED]

1. By revising §§ 114.3 and 114.4 (a)—

(d) to read as follows:

§ 114.3 Disbursements for

communications in connection with a

Federal election to restricted class.

(a) General. (1) A corporation may 

make communications including 

partisan communications to its 

stockholders and executive or 

administrative personnel and their 

families on any subject. A labor 

organization may make communications 

including partisan communications to its 

members and executive or 

administrative personnel and their 

families on any subject. Corporations 

and labor organizations may also make 

the nonpartisan communications 

permitted under 11 CFR 114.4 to their 

restricted class or any part of that class. 

No corporation or labor organization 

may make contributions or expenditures 

for partisan communications to the 

general public in connection with a 

federal election and no national bank or 

corporation organized by authority of 

any law of Congress may make 

contributions or expenditures for 

partisan communications to the general 

public in connection with any election to 

any political office including any State 

or local office.

(2) An incorporated membership 

organization, incorporated trade 

association, incorporated cooperative or 

corporation without capital stock may 

communicate with its members and 

executive or administrative personnel, 

and their families, as permitted in 11 

CFR 114.3(a) (1) and (c), and shall report 

disbursements for partisan 

communications as required by 11 CFR 

100.8(b)(4) and 104.6.

(b) Reporting Partisan

Communications. Disbursements for 

partisan communications made by a 

corporation to its stockholders and 

executive or administrative personnel 

and their families or by a labor 

organization to its members and 

executive or administrative personnel 

and their families shall be reported in 

accordance with 11 CFR 100.8(b)(4) and

104.6 if the communications expressly 

advocate the election or defeat of a 

clearly identified candidate.

(c) M eans o f Making Partisan

Communications. The means of making 

partisan communications for which 

disbursements must be reported under 

11 CFR 114.3(b) include, but are not 

limited to, the examples set forth in 11 

CFR 114.3(c) (1) through (4).

(1) Partisan Publications. Printed 

material of a partisan nature may be 

distributed by a corporation to its 

stockholders and executive or 

administrative personnel and their 

families or by a labor organization to its 

members and executive or
Federal Register / Vol. 48, No. 44 / Friday, March 4, 1983 / Rules and Regulations 9239

administrative personnel and their 

families, provided that:

(1) The material is produced at the 

expense of the corporation or labor 

organization: and

(ii) The material constitutes a 

communication of the views of the 

corporation or the labor organization, 

and is not the republication or 

reproduction in whole or in part, of any 

broadcast, transcript or tape or any 

written, graphic, or other form of 

campaign materials prepared by the 

candidate, his or her campaign 

committees, or their authorized agents.

A corporation or labor organization 

may, under this section, use brief 

quotations from speeches or other 

materials of a candidate that 

demonstrate the candidate’s position as 

part of the corporation’s or labor 

organization’s expression of its own 

views.

(2) Partisan Candidate and Party

Appearances. A corporation may allow 

a candidate or party representative to 

address its stockholders and executive 

or administrative personnel, and their 

families, at a meeting, convention or 

other function of the corporation. A 

labor organization may allow a 

candidate or party representative to 

address its members and executive or 

administrative personnel, and their 

families, at a meeting, convention or 

other function of the labor organization. 

Employees outside the restricted class of 

the corporation or labor organization 

who are necessary to administer the 

meeting,limited invited guests and 

observers, and representatives of the 

news media may also be present during 

a candidate or party representative 

appearance under this section. The 

candidate or party representative may 

ask for contributions to his or her 

campaign or party, or ask that 

contributions to the separate segregated 

fund of the corporation or labor 

organization be designated for his or her 

campaign or party. The incidental 

solicitation of persons outside the 

corporation’s or labor organization’s 

restricted class who may be present at 

the meeting as permitted by this section 

will not be a violation of 11 CFR 

114.5(g).

(3) Partisan Phone Banks. A 

corporation may establish and operate 

phone banks to communicate with its 

stockholders and executive or 

administrative personnel, and their 

families, urging them to register and/or 

vote for a particular candidate or 

candidates, and a labor organization 

may establish and operate phone banks 

to communicate with its members and 

executive or administrative personnel, 

and their families, urging them to

register and/or vote for a particular 

candidate or candidates.

(4) Partisan Registration and Get-OutThe-Vote Drives. A corporation may 

conduct registration and get-out-the-vote 

drives aimed at its stockholders and 

executive or administrative personnel, 

and their families, or a labor 

organization may conduct registration 

and get-out-the-vote drives aimed at its 

members and executive or 

administrative personnel, and their 

families. Registration and get-out-thevote drives include providing 

transportation to the polls. Such drives 

may be partisan in that individuals may 

be urged to register with a particular 

party or to vote for a particular 

candidate or candidates, but assistance 

in registering or voting may not be 

withheld or refused on a partisan basis, 

and if transportation or other services 

are offered in connection with a 

registration or get-out-the-vote drive, 

such transportation or services may not 

be withheld or refused on a partisan 

basis.

§ 114.4 Expenditures for communications

in connection with a Federal election to the

restricted class and the general public.

(a) Nonpartisan Communications by a

Corporation or Labor Organization to its

Employees or its Restricted Class. (1) 

General, (i) A corporation may make the 

nonpartisan communications permitted 

under 11 CFR 114.4 (b) and (c) to its 

stockholders, executive or 

administrative personnel, other 

employees, and their families. A labor 

organization may make such 

communications to its members, 

executive or administrative personnel, 

other employees, and their families. 

Communications which a corporation or 

labor organization may make only to its 

solicitable class are found at 11 CFR 

114.3.

(ii) An incorporated membership 

organization, incorporated trade 

association, incorporated cooperative or 

corporation without capital stock may 

make the communications permitted 

under 11 CFR 114.4 (b) and (c) to its 

members, executive or administrative 

personnel, other employees, and their 

families, as provided by 11 CFR 114.4(d). 

The organizations covered under this 

section will be treated as corporations 

for the purpose of making 

communications to the general public 

under 11 CFR 114.4 (b) and (c).

(2) Nonpartisan Candidate and Party

Appearances on Corporate Prem ises or

at a Meeting, Convention or Other

Function. Corporations may permit 

candidates, candidates’ representatives 

or representatives of political parties on 

corporate premises or at a meeting,

convention, or other function of the 

corporation to address or meet 

stockholders, executive or 

administrative personnel, and other 

employees of the corporation, and their 

families, under the conditions set forth 

in 11 CFR 114.4(a)(2) (i) through (v).

(i) If a candidate for the House or 

Senate or a candidate’s representative is 

permitted to address or meet employees, 

all candidates for that seat who request 

to appear must be given the' same 

opportunity to appear:

(ii) If a Presidential or Vice 

Presidential candidate or candidate’s 

representative is permitted to address or 

meet employees, all candidates for that 

office who are seeking the nomination of 

a major party or who are on the general 

election ballot in enough States to win a 

majority of the electoral votes and who 

request to appear must be given the 

same opportunity to appear;

(iii) If representatives of a political 

party are permitted to address or meet 

employees, representatives of all 

political parties which had a candidate 

or candidates on the ballot in the last 

general election or which are actively 

engaged in placing or will have a 

candidate or candidates on the ballot in 

the next general election and who 

request to appear must be given the 

same opportunity to appear;

(iv) A corporation, its stockholders, 

executive or administrative personnel, 

or other employees of the corporation or 

its separate segregated fund shall make 

no effort, either oral or written, to solicit 

or direct or control contributions by 

members of the audience to any 

candidate or party in conjunction with 

any appearance by any candidate or 

party representative under this section; 

and

(v) A corporation, its stockholders, 

executive or administrative personnel or 

other employees of the corporation or its 

separate segregated fund shall not, in 

conjunction with any candidate or party 

representative appearance under this 

section, endorse, support or oppose any 

candidate, group of candidates or 

political party.

(3) Nonpartisan Candidate and Party

Appearances on Labor Organization

Prem ises or at a Meeting, Convention or

Other Function. A labor organization 

may permit candidates, candidates’ 

representatives or representatives of 

political parties on the labor 

organization’s premises or at a meeting, 

convention, or other function of the 

labor organization to address or meet 

members, executive or administrative 

personnel, and other employees of the 

labor organization, and their families, if 

the conditions set forth in 11 CFR
9240 Federal Register / Vol. 48, No. 44 / Friday, March 4, 1983 / Rules and Regulations

114.4(a)(2) (i) through (iii) and 11 CFR 

114.4(a)(3) (i) and (ii) are m et

(1) An official, member, or employee of 

a labor organization or its separate 

segregated fund shall not make any 

effort, either oral or written, to solicit or 

direct or control contributions by 

members of the audience to any 

candidate or party representative under 

this section.

(ii) An official, member, or employee 

of a labor organization or its separate 

segregated fund shall not, in conjunction 

with any candidate or party 

representative appearance under this 

section, endorse, support or oppose any 

candidate, group of candidates or 

political party.

(b) Nonpartisan Communications by

Corporations and Labor Organizations

to the General Public.—(1) General. A 

corporation or labor organization may 

make the communications described in 

11 CFR 114.4(b) (2) through (5) to the 

general public. The corporation or labor 

organization may include its logo or 

otherwise identify itself as the sponsor 

of the communication.

(2) Nonpartisan Registration and

Voting Communications. A corporation 

or labor organization may make 

nonpartisan registration and get-out-thevote communications to the general 

public.

(i) For purposes of 11 CFR 114.4(b)(2), 

the following are factors that the 

Commission may consider in 

determining whether a registration or 

get-out-the-vote communication is 

nonpartisan:

(A) It neither names nor depicts any 

particular candidate(s) or it names or 

depicts all candidates for a particular 

Federal office without favoring any 

candidate(s) over any other(s);

(B) It names no political party(s) 

except that it may include the political 

party affiliation of all candidates named 

or depicted under 11 CFR 

114,4(b)(2Mi)(A);

(C) It is limited to urging acts such as 

voting and registering and to describing 

the hours and places of registration and 

voting.

(ii) A corporation or labor 

organization may make communications 

permitted under this section through 

posters, billboards, broadcasting media, 

newspapers, newsletters, brochures, or 

similar means of communication with 

the general public.

(3) Official Registration and Voting

Information, (i) A corporation or labor 

organization may distribute to the 

general public, or reprint in whole and 

distribute to the general public, any 

registration or voting information, such 

as instructional materials, which has

been produced by the official election 

administrators.

(ii) A corporation or labor 

organization may distribute official 

registration-by-mail forms to the general 

public if registration by mail is 

permitted by the applicable State law.

(iii) A corporation or labor 

organization may donate funds to State 

or local agencies responsible for the 

administration of elections to help 

defray the costs of printing or 

distributing registration or voting 

information and forms.

(iv) The information and forms 

referred to in 11 CFR 114.4(b)(3) (i) 

through (iii) must be distributed in a 

nonpartisan manner, and the 

corporation or labor organization may 

not, in connection with the distribution, 

endorse, support, or otherwise promote 

registration with or voting for a 

particular party or candidate.

(4) Voting Records. A corporation or 

labor organization may prepare and 

distribute to the general public the 

nonpartisan voting records of Members 

of Congress as long as the preparation 

and distribution is not for the puipose of 

influencing a Federal election. For the 

purpose of this section, a nonpartisan 

voting record that may be distributed is 

a publication which describes in a 

nonpartisan manner bills and other 

legislative measures voted on by 

Congress and which states the factual 

record of each officeholder’s votes on 

such bills and measures.

(5) Voter Guides. A corporation or 

labor organization may prepare and 

distribute to the general public 

nonpartisan voter guides consisting of 

questions posed to candidates 

concerning their positions on campaign 

issues and the candidates’ responses to 

those questions. The following are 

factors that the Commission may 

consider in determining whether a voter 

guide is nonpartisan:

(i) The questions are directed to all of 

the candidates for a particular seat or 

office, giving the candidates equal time 

to respond, except that in the case of 

Presidential and Vice Presidential 

candidates the questions may be 

directed only to those candidates 

seeking the nomination of a major party 

or to those appearing on the general 

election ballot in enough States to win a 

majority of the electoral votes;

(ii) The voter guide reprints verbatim 

the responses of each candidate to 

whom questions were sent, without any 

additional comment, editing, or 

emphasis, although the sponsoring 

organization may impose limitations on 

the number of words per response when 

the questions are initially sent to the 

candidates for their comments;

(iii) The wording of the questions 

presented does not suggest or favor any 

position on the issues covered;

(iv) The voter guide expresses no 

editorial opinion concerning the issues 

presented nor does it indicate any 

support for or opposition to any 

candidate or political party;

(v) The sponsor may ask each 

candidate to provide biographical 

information such as education, 

employment positions, offices held, and 

community involvement and may 

impose a limitation on the number of 

words per submission; and

(vi) The voter guide is made available 

to the general public in the geographic 

area in which the sponsoring 

organization normally operates.

(c) Nonpartisan Registration and GetOut-The-Vote Drives.—(1)

Requirements for Conducting

Nonpartisan Drives, (i) A corporation or 

labor organization may conduct 

nonpartisan voter registration drives 

which are not limited to its restricted 

class if the conditions in paragraphs

(c)(l)(i) (A) through (C) of this section 

are met. A corporation or labor 

organization may conduct nonpartisan 

get-out-the-vote drives, such as by 

transporting people to the polls, which 

drives are not limited to its restricted 

class if the conditions of paragraphs

(c)(l)(i) (A) through (C) of this section 

are met.

(A) The corporation or labor 

organization shall jointly sponsor the 

drives with a nonprofit organization 

which is exempt from Federal taxation 

under 26 U.S.C. 501(c) (3) or (4) and 

which does not support, endorse or 

oppose candidates or political parties, or 

with a State or local agency which is 

responsible for the administration of 

elections;

(B) The activities shall be conducted 

by the tax-exempt organization or by 

persons authorized by the State or local 

agency; and

(C) These services shall be made 

available without regard to the voter’s 

political preference.

(ii) For the purposes of 11 CFR 

114.4(c)(l)(i)(B), a corporation or labor 

organization which provides space on 

the corporation’s or labor organization’s 

premises for a table, rack or booth from 

which official registration or voting 

information is distributed to the general 

public, and which provides its 

employees or members to aid in the 

distribution of such materials, shall not 

be considered to be “conducting” a 

registration or voting drive.

(2) Donation o f Funds. A corporation 

or labor organization may donate funds 

to be used for nonpartisan registration
Federal Register / Voi. 48, No. 44 / Friday, March 4, 1983 / Rules and Regulations 9 2 4 1

drives to State or local agencies 

responsible for the administration o: 

elections and to nonprotit organizati 

which are exempt from Federal taxation 

under 26 U.S.C. 501(c) (3) or (4) and 

which do not support, endorse or oppose 

candidates or political parties.

(3) Use o f Personnel and Facilities. A 

nonpartisan tax-exempt organization, or 

person authorized by a State or local 

agency, in conducting nonpartisan 

registration and get-out-the-vote 

activities, may utilize the employees and 

facilities of a corporation or the 

employees or members and facilities of 

a labor organization. „

(4) When Co-Sponsorship Not

Required. A nonprofit organization 

which is exempt from federal taxation 

under 28 U.S.C. 501(c) (3) or (4) and 

which does not support, endorse or 

oppose any candidates or political 

parties may conduct nonpartisan voter 

registration and get-out-the-vote 

activities on its own without a cosponsor.

(5) Identification o f Drive Sponsors.

All materials prepared for distribution to 

the general public in connection with the 

registration or voting drive shall include 

the full names of all drive sponsors.

(d) Incorporated M embership

Organizations, Incorporated Trade

Associations, Incorporated

Cooperatives and Corporations Without

Capital Stock. An incorporated 

membership organization, incorporated 

trade association, incorporated 

cooperative or corporation without 

capital stock may permit candidates, 

candidates* representatives or 

representatives of political parties to 

address or meet members and 

employees of the organization, and their 

families, on the organization’s premises 

or at a meeting, convention or other 

function of the organization, provided 

that the conditions set forth in 11 CFR 

114.4(a)(2) (i) through (v) are met.

(e) Nonpartisan Candidate Debates.

*****

Conforming Amendments

2. By revising §§ 114.1 (a)(2)(i),

(a)(2)(ii), (c), and (c)(2)(iv) to read as 

follows:

§ 114.1 Definitions.

(a) * * *

(2) * * *

(i) Communications by a corporation 

to its stockholders and executive or 

administrative personnel and their 

families or by a labor organization to its 

members and executive or 

administrative personnel, and their

families, on any subject;

(ii) Nonpartisan registration and getout-the-vote campaigns by a corporation 

aimed at its stockholders and executive 

or administrative personnel and their 

families or by a labor organization 

aimed at its members and executive or 

administrative personnel, and their 

families;

*****

(b ) * * *

(c) “Executive or administrative 

personnel” means individuals employed 

by a corporation or labor organization 

who are paid on a salary rather than 

hourly basis and who have 

policymaking, managerial, professional, 

or supervisory responsibilities.

(1) * * *

(2) * * *

(iv) Individuals who may be paid by 

the corporation or labor organization, 

such as consultants, but who are not 

employees, within the meaning of 20 

CFR 31.3401(c}-l, of the corporation or 

labor organization for the purpose of 

income withholding tax on employee 

wages under Internal Revenue Code of 

1954, section 3402.

*****

3. «By revising § 114.5(g) (2) and (1) as 

follows:

Ç 114.5 Separate segregated funds.

*****

(g) * * *

(2) A labor organization, or a separate 

segregated fund established by a labor 

organization is prohibited from soliciting 

contributions to such a fund from any 

person other than its members and 

executive or administrative personnel, 

and their families.

*****

(1) M ethods perm itted by law to labor

organizations. Notwithstanding any 

other law, any method of soliciting 

voluntary contributions or of facilitating 

the making of voluntary contributions to 

a separate segregated fund established 

by a corporation, permitted by law to 

corporations with regard to stockholders 

and executive or administrative 

personnel, shall also be permitted to 

labor organizations with regard to their 

members and executive or 

administrative personnel.

4. By revising § 114.7 (a), (e) and (h) as 

follows:

§ 114.7 Membership organizations,

cooperatives or corporations without

capital stock.

(a) Membership organizations, 

cooperatives, or corporations without

capital stock, or separate segregated 

funds established by such persons may 

solicit contributions to the fund from 

members and executive or 

administrative personnel, and their 

families, of the organization, 

cooperative, or corporation without 

capital stock.

*****

(e) There is no limitation upon the 

number of times an organization under 

this section may solicit its members and 

executive or administrative personnel, 

and their families.

*****

(h) A membership organization, 

cooperative, or corporation without 

capital stock may communicate with its 

members and exécutive or 

administrative personnel, and their 

families, under the provisions of § 114.3 

of this part.

* * * * *

5. By revising § 114.8 (h) and (i) as 

follows:

§ 114.8 Trade associations.

* * * * *

(h) Communications other than

solicitations. A trade association may 

make communications, other than 

solicitations, to its members and their 

families under the provisions of § 114.3 

of this part. When making 

communications to a member which is a 

corporation, the trade association may 

communicate with the representatives of 

the corporation with whom the trade 

association normally conducts the 

association’s activities.

(i) Trade association employees. (1) A 

trade association may communicate 

with its executive or administrative 

personnel and their families under the 

provisions of § 114.3 of this part; a trade 

association may communicate with its 

other employees under the provisions of 

§ 114.4 of this part.

(2) A trade association may solicit its 

executive or administrative personnel 

and their families under the provisions 

of § 114.5(g) of this part; a trade 

association may solicit its other 

employees under the provisions of 

§ 114.6 of this part.

Dated: Mardi 1,1982.

Danny Lee McDonald,

Chairman, Federal Election Commission.

[FR Doc. 83-5690 Filed 3-3-83; 8:45 wa]

BILLING CODE 6715-01-1»