[Federal Register Volume 62, Number 215 (Thursday, November 6, 1997)]
[Proposed Rules]
[Page 60047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29375]


      
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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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  Federal Register / Vol. 62, No. 215 / Thursday, November 6, 1997 / 
Proposed Rules  

[[Page 60047]]


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FEDERAL ELECTION COMMISSION

11 CFR Part 100

[Notice 1997-15]


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

AGENCY: Federal Election Commission.

ACTION: Rulemaking petition: Notice of availability.

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SUMMARY: On October 20, 1997, the Commission received a Petition for 
Rulemaking from James Bopp, Jr., on behalf of the James Madison Center 
for Free Speech. The Petition urges the Commission to revise its rules 
defining ``express advocacy'' to conform with a recent court decision. 
The Petition is available for inspection in the Commission's Public 
Records Office, through its FAXLINE service, and on its Internet home 
page.

DATES: Statements in support of or in opposition to the Petition must 
be filed on or before December 8, 1997.

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, 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 [email protected]. 
Commenters sending comments by electronic mail should include their 
full name and postal service address within the text of their comments. 
Electronic 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, N.W., 
Washington, D.C. 20463, (202) 219-3690 or (800) 424-9530.

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 decision 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, No. 96-1818 (U.S. 1997). Specifically, 
the Petition urges repeal of 11 CFR 100.22(b), which was held invalid 
in that case. 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 a reportable independent expenditure or 
membership communication for purposes of the Federal Election Campaign 
Act; if independent communications by corporations and labor 
organizations are prohibited under the Act; and if campaign 
communications require a disclaimer. See 2 U.S.C. 431(17) and 
(9)(B)(iii); 434(b)(4) and (c); 441b, 441d; Federal Election Commission 
v. Massachusetts Citizens for Life, Inc., 479 U.S. 238 (1986).
    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 #232. The text of the petition is available on the 
Internet at the Commission's home page, www.fec.gov.
    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: November 3, 1997.
Joan D. Aikens,
Vice Chairman.
[FR Doc. 97-29375 Filed 11-5-97; 8:45 am]
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