Gmail is now officially allowed to spam-proof politicians’ emails

Illustration by Alex Castro / The Verge

The Federal Election Commission approved a new proposal from the internet giant to keep campaign emails from being marked as junk mail.

Candidates, political party committees, and leadership political action committees would be able to apply for the program that would make their messages exempt from Gmail's spam detection systems, according to a report. In order to make sure the program wasn't at risk of breaking election regulations, the program was voted on earlier this summer. The FEC ruled that the plan was legal.

Ellen L. Weintraub said during the FEC's Thursday open meeting that she has a hard time getting around the fact that this is a unique benefit offered to political committees. The program is only available to political groups, and Weintraub likened it to a gift from the internet company.

A recent study found that Republican fundraising emails were more likely to be flagged for junk mail than those of Democrats. The study enraged the GOP and inspired a flurry of critical statements and an invitation for Kent Walker, the company's chief legal officer, to explain the company's filters in a private meeting on Capitol Hill.

Despite offering the proposal as a concession, Google took issue with the study's findings, claiming that researchers examined a small sample size of emails and didn't consider whether campaigns used the appropriate bulk email tools already provided within the service.

Republicans who are struggling to meet their online fundraising goals are not going to be swayed by the explanations offered by Google. According to the New York Times, the total amount donated to GOP entities and federal campaigns fell in the second quarter when compared to the first. As elections approach, small-dollar donations usually increase.

Republicans were in a frenzy over the summer due to the decline in donations. A group of Republicans put out a bill that would make it illegal for email providers to sort federal campaign emails. According to a draft memo obtained by The Washington Post, the National Republican Senatorial Committee believes that Democrats have an advantage over Republicans in raising money because of their use of search engines.

The program was open for public comment after the FEC decided on its legality. The majority of the comments were negative. The DNC argued that the proposal would be a boon for the Republicans and that they would use it to raise money.

Daniel Wessel, DNC deputy communications director, said in June that it was sad that Republicans engaged in a bad-faith pressure campaign and that it was even more unfortunate that they had bought it.

Donald Trump's campaigns have come under fire for using misleading subject lines or mimicking conversations voters might have over the internet. On Tuesday, Republican candidate for US Senate in Pennsylvania Dr. Mehmet Oz came under fire for sending out a campaign email with the subject line "FBI RAID - BREAKING INFORMATION" only hours after the FBI searched Trump's Mar-a-Lago home.

The decision by the FEC on Thursday will allow for campaigns like Oz's to apply for the program and ensure that their emails won't be removed from users' inbox.