Federal Election Commission March 2006 – Federal Register Recent Federal Regulation Documents

The Federal Election Commission (``Commission'') is revising the regulation defining the phrase ``in connection with an election in which a candidate for Federal office appears on the ballot.'' The Bipartisan Campaign Reform Act of 2002 (``BCRA'') amended the Federal Election Campaign Act of 1971 (``FECA''), to provide that when voter identification, get-out-the-vote activity, and generic campaign activities are in connection with an election in which a candidate for Federal office appears on the ballot, they are ``Federal election activity'' (``FEA''), subject to certain funding limits and prohibitions. In its new interim final rule, the Commission specifies when voter identification and get-out-the-vote activity are conducted exclusively in connection with non-Federal elections and are therefore not FEA. The Commission is soliciting comments on all aspects of the interim final rule and may amend the interim rule as appropriate in response to comments received. Further information is provided in the SUPPLEMENTARY INFORMATION that follows.

The Federal Election Commission is revising its definitions of the terms ``to solicit'' and ``to direct'' for its regulations on raising and spending Federal and non-Federal funds. The new definition of ``to solicit'' encompasses written and oral communications that, construed as reasonably understood in the context in which they are made, contain a clear message asking, requesting, or recommending, explicitly or implicitly, that another person make a contribution, donation, transfer of funds, or otherwise provide something of value. Mere statements of political support and mere guidance as to the application of the law are not included. The revised definition also contains a list of examples, to provide practical guidance to Federal candidates, officeholders, political committee officials, and others. The new definition of ``to direct'' focuses on guidance provided directly or indirectly to a person who has expressed an intent to make a contribution, donation, or transfer of funds. Further information is provided in the supplementary information that follows.

On February 16, 2006, the Commission received a Petition for Rulemaking (``Petition'') from 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 certain communications consisting of ``grassroots lobbying'' that otherwise meet the definition of an ``electioneering communication'' under the Federal Election Campaign Act of 1971, as amended. The Petition is available for inspection in the Commission's Public Records Office and on its website, https:// www.fec.gov. Further information is provided in the supplementary information that follows.