HR4511-119

What This Bill Does

The Uncheck the Box Act rewrites Federal Election Campaign Act section 324 to regulate recurring political charges. A person may not solicit recurring contributions to a political committee, recurring contributions for an independent expenditure, or recurring donations for an electioneering communication unless the method requires affirmative donor consent. Political committees and other covered recipients may not accept recurring contributions or donations unless the contributor or donor affirmatively consented. Passive behavior, including failing to uncheck a prechecked recurring-payment box, does not count as consent. For each recurrence, the recipient must provide a clear receipt disclosing material terms, including the date and amount of the next recurrence; include cancellation information in every contribution-related communication; and immediately cancel future recurrences at the contributor's or donor's request. The changes take effect when FEC regulations are promulgated or 180 days after enactment, whichever comes first.

Who Benefits and How

Political donors benefit from affirmative-consent rules that stop prechecked recurring contribution traps. Small-dollar campaign contributors benefit from receipts showing the date and amount of the next recurring charge. Donors seeking cancellation benefit from required cancellation information and immediate cancellation on request. Campaign-finance watchdogs benefit from a clear FECA rule against passive consent for recurring charges.

Who Bears the Burden and How

Political committees must obtain affirmative consent and cannot accept recurring contributions based on passive prechecked boxes. Independent-expenditure fundraisers must obtain affirmative consent and provide recurring-charge receipts and cancellation details. Electioneering-communication fundraisers must comply with the same recurring-donation rules. The Federal Election Commission must promulgate regulations or the statute takes effect after 180 days.

Key Provisions

• Requires affirmative consent before soliciting or accepting recurring political contributions or donations.
• Provides that failing to uncheck a prechecked recurring-payment box is not affirmative consent.
• Requires a receipt for each recurrence disclosing material terms, including the next date and amount.
• Requires cancellation information in every related communication and immediate cancellation on request.
• Sets effectiveness at FEC regulation issuance or 180 days after enactment, whichever occurs first.