99-2500. Rulemaking Petition: Definition of ``Express Advocacy''; Notice of Availability

[Federal Register Volume 64, Number 22 (Wednesday, February 3, 1999)]
[Proposed Rules]
[Page 5200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2500]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 64, No. 22 / Wednesday, February 3, 1999 / 
Proposed Rules

[[Page 5200]]


-----------------------------------------------------------------------

FEDERAL ELECTION COMMISSION

11 CFR Part 100

[NOTICE 1999-2]


Rulemaking Petition: Definition of ``Express Advocacy''; Notice 
of Availability

AGENCY: Federal Election Commission.

ACTION: Rulemaking petition: Notice of Availability.

-----------------------------------------------------------------------

SUMMARY: On January 11, 1999, the Commission received a Petition for 
Rulemaking from James Bopp, Jr., on behalf of the Virginia Society for 
Human Life. The Petition urges the Commission to revise its rules 
defining ``express advocacy'' to conform with recent court decisions. 
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 filed on or before March 5, 1999.

ADDRESSES: All comments should be addressed to Susan E. Propper, 
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, NW., Washington, DC 20463. Faxed 
comments should be sent to [phone], with printed copy follow-up. 
Electronic mail comments should be sent to [e-mail]. 
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: Ms. Susan E. Propper, Assistant 
General Counsel, or Ms. Rita A. Reimer, Attorney, 999 E Street, NW, 
Washington, DC 20463, [phone] or [phone].

SUPPLEMENTARY INFORMATION: The petitioner is requesting the Commission 
to revise the definition of ``express advocacy'' set forth in its rules 
at 11 CFR 100.22 to reflect the decisions in Maine Right to Life 
Committee v. FEC, 914 F.Supp. 8 (D.Me. 1995), aff'd per curiam, 98 F.3d 
1 (1st Cir. 1996), cert. denied, 118 S.Ct. 52 (U.S. 1997), and in Right 
to Life of Dutches Co. v. FEC, 6 F.Supp.2d 248 (S.D.N.Y. 1998) 
(``Dutchess County''). Specifically, the Petition urges repeal of 11 
CFR 100.22(b), which was held invalid in those cases. The challenged 
paragraph defines ``express advocacy'' to include communications in 
which the electoral portion is ``unmistakable, unambiguous, and 
suggestive of only one meaning, and reasonable minds could not differ 
as to whether it encourages actions to elect or defeat one or more 
clearly identified candidate(s) or encourages some other kind of 
action.''
    The ``express advocacy'' standard is used to determine if a 
disbursement qualifies as an independent expenditure for purposes of 
the Federal Election Campaign Act; if independent communications by 
corporation and labor organizations are prohibited under the Act; and 
if campaign communications require a disclaimer. See 2 U.S.C. 431(17), 
441b, 441d; Federal Election Commission v. Massachusetts Citizens for 
Life, Inc., 479 U.S.C. 238 (1986).
    Copies of the Petition for Rulemaking are available for public 
inspection at the Commission's Public Records Office, 999 E Street, NW, 
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 [phone] 
and following its instructions, at any time of the day and week. 
Request document #237.
    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: January 29, 1999.
Scott E. Thomas,
Chairman.
[FR Doc. 99-2500 Filed 2-2-99; 8:45 am]
BILLING CODE 6715-01-M