Christopher Shays: “I rise to address the scope of an exception to the definition of ``electioneering communications'' set out in section…”

“I rise to address the scope of an exception to the definition of ``electioneering communications'' set out in section 201(3)(B), which include (i) news distributed by broadcast stations that are not owned or controlled by a candidate, (ii) independent expenditures, (iii) candidate debates and forums and (iv) ``any other communication exempted under such regulations as the Commission may promulgate . . . to ensure appropriate implementation of this paragraph.'' I wish to discuss the purpose of the fourth exception. The definition of ``electioneering communication'' is a bright line test covering all broadcast, satellite and cable communications that refer to a clearly identified federal candidate and that are made within the immediate pre-election period of 60 days before a general election or 30 days before a primary. But it is possible that there could be some communications that will fall within this definition even though they are plainly and unquestionably not related to the election. Section 201(3)(B)(iv) was added to the bill to provide Commission with some limited discretion in administering the statute so that it can issue regulations to exempt such communications from the definition of ``electioneering communications'' because they are wholly unrelated to an election.”