[Federal Register: August 30, 2005 (Volume 70, Number 167)]
[Proposed Rules]
[Page 51302]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au05-17]
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Proposed Rules
Federal Register
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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.
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[[Page 51302]]
FEDERAL ELECTION COMMISSION
11 CFR Part 100
[Notice 2005-23]
Definition of Federal Election Activity
AGENCY: Federal Election Commission.
ACTION: Reopening of comment period.
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SUMMARY: 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.
DATES: Comments must be received on or before September 29, 2005.
ADDRESSES: All comments must be in writing, addressed to Ms. Mai T.
Dinh, Assistant General Counsel, and submitted in either e-mail,
facsimile or paper form. Commenters are strongly encouraged to submit
comments by e-mail or facsimile to ensure timely receipt and
consideration. E-mail comments must be sent to either FEAdef2@fec.gov
or submitted through the Federal eRegulations Portal at
http://www.regulations.gov. If the e-mail comments include an attachment, the
attachment must be in Adobe Acrobat (.pdf) or Microsoft Word (.doc)
format. Faxed comments should be sent to (202) 219-3923, with paper
copy follow-up. Paper comments and paper copy follow-up of faxed
comments should be sent to the Federal Election Commission, 999 E
Street, NW., Washington, DC 20463. All comments must include the full
name and postal service address of the commenter or they will not be
considered. The Commission will post comments on its Web site after the
comment period ends.
FOR FURTHER INFORMATION CONTACT: Ms. Mai T. Dinh, Assistant General
Counsel, Mr. J. Duane Pugh Jr., Senior Attorney, or Ms. Margaret G.
Perl, Attorney, 999 E Street, NW., Washington, DC 20463, (202) 694-1650
or (800) 424-9530.
SUPPLEMENTARY INFORMATION: The Bipartisan Campaign Reform Act of 2002
(``BCRA''), Public Law No. 107-155, 116 Stat. 81 (2002), amended FECA
by adding a new term, ``Federal election activity'' (``FEA''). The
Commission defined FEA in 11 CFR 100.24. In Shays v. FEC, 337 F. Supp.
2d 28 (D.D.C. 2004), aff'd, No. 04-5352, 2005 WL 1653053 (D.C. Cir.
July 15, 2005) (``Shays''), the District Court held that certain parts
of certain regulations had not been promulgated with adequate notice
and opportunity for comment and that other aspects of the regulations
were inconsistent with Congressional intent. Shays at 104, 107 n.83,
and 108. The District Court remanded the case for further action
consistent with the court's decision.
To address the District Court decision, the Commission published a
Notice of Proposed Rulemaking amending the definition of ``Federal
election activity.'' Notice of Proposed Rulemaking for the Definition
of Federal Election Activity, 70 FR 23068 (May 4, 2005). The NPRM
explored possible modifications to the definitions of ``voter
registration activity,'' ``get-out-the-vote activity,'' and ``voter
identification.'' The comment period for the NPRM ended on June 3,
2005, and a hearing was held on August 4, 2005. Written comments and a
transcript of the hearing can be found at: http://www.fec.gov/law/law_rulemakings.shtml#definition_fea
.
Witnesses at the hearing suggested that the Commission seek
additional information that may assist the Commission in its
decisionmaking. The Commission is reopening the comment period to allow
interested parties to submit information or comments that may be useful
in this rulemaking.
Dated: August 24, 2005.
Michael E. Toner,
Vice Chairman, Federal Election Commission.
[FR Doc. 05-17155 Filed 8-29-05; 8:45 am]
BILLING CODE 6715-01-P