Federal Election Commission August 2005 – Federal Register Recent Federal Regulation Documents

This notice reopens the comment period for a notice of proposed rulemaking to amend the definition of ``Federal election activity.'' The comment period will be open for thirty days. The NPRM includes proposals that would retain the existing definition of ``voter registration activity'' and modify the existing definitions of ``get- out-the-vote activity'' and ``voter identification'' to conform Commission rules to the ruling of the U.S. District Court for the District of Columbia in Shays v. Federal Election Commission.

The Federal Election Commission is seeking comment on proposed changes to its rule defining ``electioneering communications'' under the Federal Election Campaign Act of 1971, as amended (``FECA''). The proposed changes would modify the definition of ``publicly distributed'' and the exemptions to the definition of ``electioneering communications'' 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. With regard to possible exemptions, the Commission is considering a range of options, including: Retaining the section 501(c)(3) organization exemption and the State candidate exemption; narrowing the section 501(c)(3) organization exemption; repealing the two current exemptions for section 501(c)(3) organizations and State candidates; and replacing all of the current exemptions with a broad new exemption covering all communications that do not promote, support, attack or oppose a Federal candidate. The Commission has made no final decision on the issues presented in this rulemaking. Further information is provided in the supplementary information that follows.