Federal Election Commission December 21, 2005 – Federal Register Recent Federal Regulation Documents
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Electioneering Communications
The Federal Election Commission is amending its rules defining ``electioneering communication'' under the Federal Election Campaign Act of 1971, as amended (``FECA'' or the ``Act''). The changes modify the definition of ``publicly distributed'' and the exemptions to the definition of ``electioneering communication'' consistent with the ruling of the U.S. District Court for the District of Columbia in Shays v. FEC, portions of which were affirmed by the U.S. Court of Appeals for the District of Columbia Circuit. Specifically, the changes eliminate the exemption from the electioneering communication provisions for certain tax-exempt organizations and revise the definition of ``publicly distributed,'' a term used in the regulatory definition of ``electioneering communication.'' The Commission is not adopting any other regulatory exemptions considered in this rulemaking. The Commission is also deferring further consideration of a proposed exemption for advertisements promoting films, books and plays until after completing the rulemakings that respond to Shays v. FEC. Further information is provided in the supplementary information that follows.
Extension of Administrative Fines Program
Section 721 of the Transportation, Treasury, Housing and Urban Development, Judiciary, District of Columbia, and Independent Agencies Appropriations Act, 2006 (``2006 Appropriations Act'') amended the Treasury and General Government Appropriations Act, 2000, to extend the expiration date for the Administrative Fines Program (``AFP''). Under the AFP, the Federal Election Commission (``Commission'') may assess civil monetary penalties for violations of the reporting requirements of section 434(a) of the Federal Election Campaign Act (``Act'' or ``FECA''). Accordingly, the Commission is extending the applicability of its rules and penalty schedules in implementing the AFP. Further information is provided in the Supplementary Information that follows.
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