	Introduction1

Automated political calls generally include prerecorded messages that provide information about candidates or urge voters to go to the polls. The calls are an inexpensive way to reach large numbers of voters quickly. The Federal Election Campaign Act (FECA) does not require detailed reporting about automated political calls. Several bills introduced in the 110 th Congress would have imposed additional regulations on automated political calls, but would not necessarily apply to all circumstances in which the calls are used. Many of the concerns surrounding automated political calls are not about the calls themselves, but about how those calls are used. Specifically, the bills would: (1) add political calls to the FTC do not call list; (2) revise disclosure or disclaimer requirements or otherwise restrict automated political calls; or (3) regulate political calls generally, which could include automated calls. The Committee on House Administration, Subcommittee on Elections, held an oversight hearing on automated political calls on December 6, 2007. The Senate Rules and Administration Committee also held a hearing on the calls, and S. 2624 , on February 27, 2008. This section provides comments on various options. Maintain the Status Quo

Congress could choose not to pursue additional regulation of automated political calls. Some Members also rely on automated calls for official (franked) communications. Similarly, although the FEC can compile data about relevant complaints upon request, it does not routinely release information about automated political calls. Revise Disclaimer Requirements

Congress could also require those making calls to provide more information to recipients. Revise the Do Not Call Framework

As noted previously, several bills introduced in the 111 th and 110 th Congresses propose (or proposed) to add automated political calls to the national do not call list. This approach would not necessarily affect the content of automated political calls. Restrict the Timing or Number of Calls

Congress could also limit automated political calls to certain hours of the day or restrict the number of calls made to a single recipient. Constitutional considerations (speech issues) that could affect this policy option are discussed below. Although empirical data are limited, estimates suggest that the calls reach at least a majority of American voters, occur frequently during federal campaigns, and could represent millions of dollars in spending by various political committees. Despite media accounts of strong public disdain for automated political calls, the FEC has received few formal complaints on the issue since 2003. Some of those options would likely involve sensitive questions about which groups and messages should be covered by campaign finance law. Research Methodology

As this report discusses, publicly available data about automated political calls are virtually nonexistent.
Prerecorded telephone messages that provide information about political candidates or urge voters to go to the polls are a common campaign tactic. Anecdotal accounts suggest that the public often objects to the volume and frequency of these automated political calls (also called "auto calls" or "robo calls"). Despite often negative anecdotal information about automated political calls, they remain an inexpensive, effective way to reach hundreds or thousands of voters quickly. Campaigns and groups often rely on automated political calls to respond to last-minute campaign developments.
Four bills introduced in the 111th Congress contain provisions that are particularly relevant for automated political calls. H.R. 116 (Foxx) would add automated political calls to the federal do not call list. S. 1077 (Feinstein) would restrict the timing and volume of calls and would require certain information to be disclosed. H.R. 4641 (Lofgren) proposes similar restrictions. Finally, H.R. 4749 (Price, N.C.) would extend "stand by your ad" disclaimer requirements to various political messages, including prerecorded calls.
Automated political calls received attention in both chambers during the 110th Congress. Several bills (H.R. 248, H.R. 372, H.R. 479, H.R. 894, H.R. 1298, H.R. 1383, H.R. 1452, H.R. 4298, H.R. 5747, and S. 2624) would have added the calls to the federal do not call list, required additional reporting about the calls, or otherwise regulated the calls. The Committee on House Administration, Subcommittee on Elections, held an oversight hearing on automated political calls on December 6, 2007. The Senate Rules and Administration Committee considered S. 2624 at a February 27, 2008, hearing.
Empirical research and data about automated political calls are limited. Existing research suggests that the calls are an increasingly common campaign tactic and that various political committees spent millions of dollars on those efforts. Despite media reports of strong public disdain for automated political calls, the FEC has received few recent formal complaints on the issue. However, FEC enforcement data are not necessarily a reliable indicator of public sentiment toward automated political calls. The Federal Communications Commission (FCC) reportedly does not track data about complaints it receives on automated political calls.
This report provides an overview of how automated political calls are used in federal campaigns. This includes attention to recent spending estimates and polling data about automated political calls. The report also discusses legislation that would affect the calls. Policy options discussed in the report include maintaining the status quo, gathering additional data, revising federal disclosure or disclaimer requirements, adding the calls to the federal do not call list, or restricting the number and timing of calls. Some of those options would likely involve contentious questions about which organizations and messages should be regulated by campaign finance law. Constitutional issues could also affect some of those policy options. The "First Amendment Considerations" section provides a legal analysis.
This report will be updated as events warrant.