[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)]
[Proposed Rules]
[Pages 41036-41037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20101]
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FEDERAL ELECTION COMMISSION
11 CFR Parts 109 and 110
[Notice 1996-15]
Rulemaking Petition: Democratic Senatorial Campaign Committee and
Democratic Congressional Campaign Committee, Notice of Availability
AGENCY: Federal Election Commission.
ACTION: Rulemaking Petition: Notice of Availability.
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SUMMARY: On July 11, 1996, the Commission received a Petition for
Expedited Rulemaking from the Democratic Senatorial Campaign Committee
and Democratic Congressional Campaign Committee. The petition urges the
Commission to revise its regulations regarding independent expenditures
by national party committees in Congressional races to conform to the
Court's decision in Colo. Repub. Fed. Camp. Comm. et al. v. F.E.C. The
petition is available for inspection in the Commission's Public Records
Office. In addition, the Commission is publishing today a Notice of a
technical amendment to conform its regulations to the Court's decision.
DATES: Statements in support of or in opposition to the petition must
be filed on or before September 6, 1996.
ADDRESSES: Comments must be in writing and addressed to: Ms. Susan E.
Propper, Assistant General Counsel, 999 E Street, N.W., Washington,
D.C. 20463.
FOR FURTHER INFORMATION CONTACT: Ms. Susan E. Propper, Assistant
General Counsel, or Ms. Teresa A. Hennessy, Attorney, 999 E Street,
N.W., Washington, D.C., 29463, (202) 219-3690 or (800) 424-9530.
SUPPLEMENTARY INFORMATION: The Petitioners request that the Commission
amend its regulations at 11 CFR Part 109 and 110.7 to provide for
independent expenditures by national committees of a political party in
connection with Congressional races. As noted in the petition, the
Supreme Court recently held that ``* * * political parties are capable
of making independent expenditures on behalf of their candidates for
federal office and that such expenditures are not subject to the
coordinated expenditure limits found in section 441a(d) of the
F[ederal] E[lection] C[ampaign] A[ct].'' See Colo. Repub. Fed. Camp.
Comm. et al. v. F.E.C., 116 S.Ct. 2309, 2312-15 (1996). The petition
adds that the Commission's regulations ``* * * purport to forbid
national political parties * * * from making independent expenditures''
and that, as a result, these rules ``* * * are insufficient to provide
meaningful guidance to Petitioners * * *'' The petition further
requests that the Commission conduct a rulemaking on this issue before
the next general election.
The Petition for Expedited Rulemaking is available for public
inspection and copying at the Commission's Public Records Office, 999 E
Street, N.W., Washington, D.C. 20463, Monday through Friday between the
hours of 9:00 a.m. and 5:00 p.m. Interested persons also may obtain a
copy of the Petition within a few days
[[Page 41037]]
after the publication of this Notice by dialing the Commission's
Flashfax service and following its instructions, at any time of the day
and week. Statements in support of or in opposition to the Petition for
Expedited Rulemaking must be submitted in writing by September 6, 1996.
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. However, it is
unlikely that the Commission could complete a rulemaking before the
next election given the notice and comment requirements of the
Administrative Procedure Act (5 USC 553(b)(B)) and the legislative
review provisions of the FECA (2 USC 438(d)). Moreover, the issues
presented by the petition are complex and may be affected by the
litigation in Colo. Republ. Fed. Camp. Comm. et al. which is ongoing.
The Commission notes, however, that the Petitioners have submitted an
Advisory Opinion Request on similar issues, AOR 1996-30.
Dated: August 2, 1996.
John Warren McGarry,
Vice Chairman, Federal Election Commission.
[FR Doc. 96-20101 Filed 8-06-96; 8:45 am]
BILLING CODE 6715-01-P
