[Federal Register Volume 63, Number 17 (Tuesday, January 27, 1998)]
[Proposed Rules]
[Pages 3851-3852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1890]


=======================================================================
-----------------------------------------------------------------------

FEDERAL ELECTION COMMISSION

11 CFR Part 114

[Notice 1998-3]


Definition of ``Member'' of a Membership Association

AGENCY: Federal Election Commission.

ACTION: Notice of Proposed Rulemaking; technical correction.

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

SUMMARY: On December 22, 1997, the Commission published a Notice of 
Proposed Rulemaking (``NPRM'') setting out proposed revisions to its 
rules defining who qualifies as a ``member'' of a membership 
association. The term is defined twice in the Commission's rules, and 
the definitions are identical. The NPRM sought comment on three 
alternative definitions, but inadvertently omitted one portion of one 
alternative from one of the parallel definitions. This technical 
revision to the NPRM corrects that oversight.

FOR FURTHER INFORMATION CONTACT: Ms. Susan E. Propper, Assistant 
General Counsel, or Ms. Rita A. Reimer, Attorney, 999 E Street, N.W., 
Washington, DC 20463, (202) 219-3690 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: On December 22, 1997, the Commission 
published a Notice of Proposed Rulemaking seeking comment on three 
alternative revisions (Alternatives A, B and C) to its rules defining 
who qualifies as a ``member'' of a membership association. 62 FR 66832. 
Each Alternative describes a range of financial and organizational 
attachments that would be sufficient to confer membership status.
    A membership association can solicit contributions from its members 
to a separate segregated fund established by the association, and can 
include express electoral advocacy in communications to its members. 2 
U.S.C. 441b(b)(2)(A), 441b(b)(4)(C). The Commission's rules for both 
activities are identical. Those governing solicitations are found at 11 
CFR 114.1(e), and those governing communications are found at 11 CFR 
100.8(b)(4)(iv).
    In keeping with the statutory and regulatory scheme, the Commission 
intended that all three alternatives would apply to both 11 CFR 
100.8(b)(4)(iv) and 114.1(e). However, the NPRM as published 
inadvertently omitted Alternative C for paragraph 114.1(e)(2)(ii), 
although it included it for parallel paragraph 100.8(b)(4)(iv)(B)(2). 
See 62 FR 66837, 66838 (Dec. 22, 1997). Under Alternative C, a person 
would be considered a ``member'' of a

[[Page 3852]]

membership association if the person was required to pay on a regular 
basis a specific amount of annual dues that are predetermined by the 
association.
    Accordingly, the Commission is publishing this technical correction 
to the NPRM.


Sec. 114.1  [Corrected]

    On page 66838 of the December 22, 1997 Federal Register, at the 
bottom of the first column, following proposed Alternative B for 
paragraphs (e)(2)(ii)-(iv), insert the following:

Alternative C for paragraph (e)(2)(ii).
    (2) Are required to pay on a regular basis a specific amount of 
annual dues that are predetermined by the association.

    Dated: January 22, 1998.
Joan D. Aikens,
Chairman, Federal Election Commission.
[FR Doc. 98-1890 Filed 1-26-98; 8:45 am]
BILLING CODE 6715-01-U