Rulemaking petitions: Bopp, James, Jr.,
[Federal Register: August 25, 1999 (Volume 64, Number 164)]
[Proposed Rules]
[Page 46319-46320]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au99-30]
FEDERAL ELECTION COMMISSION
[Notice 1999-14]
Rulemaking Petition: Voting Records and Voter Guides Notice of availability
AGENCY: Federal Election Commission.
ACTION: Rulemaking petition: Notice of availability.
SUMMARY: On July 20, 1999, the Commission received a Petition for Rulemaking from James Bopp, Jr., of the James Madison Center for Free Speech, on behalf of the Iowa Right to Life Committee, Inc. The Petition urges the Commission to repeal its rules
[[Page 46320]]
addressing voting records and voter guides that are publicly distributed by corporations and labor organizations, an action it calls necessary to conform these rules with a recent court decision. The Petition is available for inspection in the Commission's Public Records Office and through its FAXLINE service.
DATES: Statements in support of or in opposition to the Petition must be filedon or before September 24, 1999.
ADDRESSES: All comments should be addressed to Rosemary C. Smith, Acting Assistant General Counsel, and must be submitted in either written or electronic form. Written comments should be sent to the Federal Election Commission, 999 E Street, N.W., Washington, DC 20463. Faxed comments should be sent to (202) 219-3923, with printed copy follow-up. Electronic mail comments should be sent to voterguides@fec.gov. Commenters sending comments by electronic mail should include their full name and postal service address within the text of their comments. Comments that do not contain the full name, electronic mail address and postal service address of the commenter will not be considered.
FOR FURTHER INFORMATION CONTACT: Rosemary C. Smith, Acting Assistant General Counsel, or Rita A. Reimer, Attorney, 999 E Street, N.W., Washington, D.C. 20463, (202) 694-1650 or (800) 424-9530 (toll free).
SUPPLEMENTARY INFORMATION: The Federal Election Campaign Act at 2 U.S.C. 441b prohibits corporations and labor organizations from using general treasury monies to make contributions or expenditures in connection with Federal elections. Such entities may engage in certain nonpartisan activities, however, including, inter alia, the preparation and distribution to the general public of voting records of Members of Congress and voter guides consisting of two or more candidates' positions on campaign issues, as long as certain conditions are met. See 11 CFR 114.4(c)(4) (voting records), 114.4(c)(5) (voter guides).
The Petitioner is asking the Commission to repeal its rules at 11 CFR 114.4(c)(4) and 114.4(c)(5), an action it argues is necessary to conform the Commission's regulations to the decision of the United States Court of Appeals for the First Circuit in Clifton v. Federal Election Commission, 927 F.Supp. 493 (D.Me. 1996), modified in part and remanded in part, 114 F.3d 1309 (1st Cir. 1997), cert. denied, 118 S.Ct. 1036 (1998). That decision invalidated certain portions of these rules, including the ``electioneering message'' standard contained in 11 CFR 114.4(c)(5)(ii) (D) and (E).
Copies of the Petition for Rulemaking are available for public inspection at the Commission's Public Records Office, 999 E Street, N.W., Washington, DC 20463, Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. Interested persons may also obtain a copy of the Petition by dialing the Commission's FAXLINE service at (202) 501- 3413 and following its instructions, at any time of the day and week. Request document #241.
Consideration of the merits of the Petition will be deferred until the close of the comment period. If the Commission decides that the Petition has merit, it may begin a rulemaking proceeding. Any subsequent action taken by the Commission will be announced in the Federal Register.
Dated: August 20, 1999. Scott E. Thomas, Chairman, Federal Election Commission.
[FR Doc. 99-21994Filed8-24-99; 8:45 am]
BILLING CODE 6715-01-P
