Definitions of “Solicit” and “Direct''
The Federal Election Commission requests comments on proposed revisions to its definitions of the terms ``to solicit'' and ``to direct'' for its regulations on raising and spending Federal and non- Federal funds. Current Commission regulations define ``to solicit'' as ``to ask that another person make a contribution, donation, transfer of funds, or otherwise provide anything of value.'' The regulations define ``to direct'' as ``to ask a person who has expressed an intent to make a contribution, donation, or transfer of funds, or to provide anything of value, to make that contribution, donation, or transfer of funds, or to provide that thing of value.'' These rules were challenged in Shays v. FEC. Upholding a District Court decision, the Court of Appeals held that the Commission's definitions of ``to solicit'' and ``to direct'' were invalid because they violated Congress's intent. The Commission has filed a petition for a rehearing en banc of the Court of Appeals decision. At the same time, to comply with the decisions of the District Court and the Court of Appeals, the Commission is issuing this Notice of Proposed Rulemaking regarding its definitions of ``to solicit'' and ``to direct.'' No final decision has been made by the Commission on the issues presented in this rulemaking. Further information is provided in the supplementary information that follows.