Federal Election Commission 2006 – Federal Register Recent Federal Regulation Documents

The Commission is issuing a proposed policy statement to establish a pilot program offering probable cause hearings to respondents in enforcement actions pending before the Commission. The pilot program would allow respondents to request a hearing directly before the Commission prior to the Commission's consideration of the General Counsel's probable cause recommendation. The program would provide respondents with the opportunity to present directly arguments to the Commission and give the Commission an opportunity to ask relevant questions. The Commission requests comments on this proposed pilot program.

The Federal Election Commission seeks public comment on proposed revisions to its regulations regarding the Commission's administrative fines program. The administrative fines program is a streamlined process through which the Commission finds and penalizes violations of 2 U.S.C. 434(a), which requires committees registered with the Commission to file periodic reports. Current Commission regulations set forth several grounds upon which a respondent may base a challenge to an administrative fine. The proposed regulations replace the current ``extraordinary circumstances'' defense with a ``best efforts'' defense. The proposed regulations would also provide for Commission statements of reasons on administrative fines final determinations. The Commission has made no final decision on the issues presented in this rulemaking. Further information is provided in the supplementary information that follows.

Texas has scheduled a special runoff election on December 12, 2006, to fill the seat in the Twenty-third Congressional District. On November 7, 2006, a Special General Election was held, with no candidate achieving a majority vote. Under Texas law, a Special Runoff Election will now be held with the two top vote-getters participating. Committees participating in the Texas Special Runoff Election are required to file pre- and post-election reports.

The Commission announces its disposition of a Petition for Rulemaking (``Petition'') filed on February 16, 2006, by the AFL-CIO, the Alliance for Justice, the Chamber of Commerce of the United States, the National Education Association, and OMB Watch. The Petition asks the Commission to revise its regulations by exempting from the definition of ``electioneering communication'' certain communications consisting of ``grassroots lobbying.'' The Commission has decided not to initiate a rulemaking in response to the Petition at this time. The Petition is available for inspection in the Commission's Public Records Office and on its Web site, https://www.fec.gov/. Further information is provided in the supplementary information that follows.

Ohio has scheduled a special primary election on September 14, 2006, to fill the vacancy on the November 7, 2006, general election ballot that was created by the withdrawal of Representative Bob Ney. Committees participating in the Ohio Special Primary Election are required to file pre-election reports.

The Commission has previously sought copies of original signed payroll deduction authorization forms as the sole adequate proof that contributors intended to authorize payroll deduction to make contributions to the separate segregated fund of a corporation, labor organization, or trade association. As a matter of general policy, the Commission intends to accept certain other forms of documentation as proof of payroll deduction authorization, which are described in the supplementary information below.

New Jersey has scheduled special elections to fill the U.S. House of Representatives seat in the Thirteenth Congressional District vacated by Senator Robert Menendez. Committees required to file reports in connection with the Special Primary Election on June 6, 2006, shall file a 12-day Pre-Primary Report. Committees required to file reports in connection with both the Special Primary and Special General Election on November 7, 2006, shall file a 12-day Pre-Primary Report, a 12-day Pre-General Report, and a 30-day Post-General Report.

The Federal Election Commission is amending its rules to include paid advertisements on the Internet in the definition of ``public communication.'' These final rules implement the recent decision of the U.S. District Court for the District of Columbia in Shays v. Federal Election Commission, which held that the previous definition of ``public communication'' impermissibly excluded all Internet communications. The revised definition of ``public communication'' includes paid Internet advertising placed on another person's website, but does not encompass any other form of Internet communication. The Commission is also re-promulgating without change its definition of ``generic campaign activity'' and amending the scope of its disclaimer regulations, both of which incorporate the revised definition of ``public communication.'' Additionally, the Commission is adding new exceptions to the definitions of ``contribution'' and ``expenditure'' to exclude Internet activities and communications that qualify as individual activity or that qualify for the ``media exemption.'' These final rules are intended to ensure that political committees properly finance and disclose their Internet communications, without impeding individual citizens from using the Internet to speak freely regarding candidates and elections. Further information is provided in the Supplementary Information that follows.

As mandated by provisions of the Bipartisan Campaign Reform Act of 2002 (``BCRA''), the Federal Election Commission (``the Commission'') is adjusting the coordinated party expenditure limits set forth in the Federal Election Campaign Act of 1971, as amended, to account for increases in the consumer price index. Additional details appear in the supplemental information that follows.