[Federal Register Volume 64, Number 97 (Thursday, May 20, 1999)]
[Proposed Rules]
[Page 27478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12663]


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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. 64, No. 97 / Thursday, May 20, 1999 / 
Proposed Rules  

[[Page 27478]]


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FEDERAL ELECTION COMMISSION

11 CFR Part 100

[Notice 1999-7]


Definition of ``Express Advocacy''

AGENCY: Federal Election Commission.

ACTION: Notice of Disposition of Petition for Rulemaking.

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SUMMARY: The Commission announces its disposition of a Petition for 
Rulemaking filed on January 11, 1999 by James Bopp, Jr., and the James 
Madison Center for Free Speech on behalf of the Virginia Society for 
Human Life. The petition urged the Commission to revise its definition 
of ``express advocacy'' to reflect certain recent court decisions on 
this issue. In a pair of 3-3 vote decisions, the Commission declined to 
act on this Petition.

DATES: April 29, 1999.

FOR FURTHER INFORMATION CONTACT: N. Bradley Litchfield, Associate 
General Counsel, or Rita A. Reimer, Attorney, 999 E Street, N.W., 
Washington, D.C. 20463, (202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: On January 11, 1999, the Commission received 
a Petition for Rulemaking from James Bopp, Jr., and the James Madison 
Center for Free Speech on behalf of the Virginia Society for Human 
Life. The Petition urged the Commission to revise the definition of 
``express advocacy'' set forth at 11 CFR 100.22 by repealing paragraph 
100.22(b). 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 action.''
    The Commission published a Notice of Availability on the Petition 
on February 3, 1999, 64 FR 5200, and received six comments in response. 
The Commission received comments from the Brennan Center for Justice; 
Common Cause; Craig A. Dimitri; the Free Speech Coalition, Inc.; Cleta 
Mitchell, on behalf of the First Amendment Project of the Americans 
Back in Charge Foundation; the National Citizens Legal Network; and 
William Westmiller.
    On April 29, 1999, the Commission voted 3-3 on two motions 
involving this Petition. The first 3-3 vote decision came on a motion 
to adopt the Office of General Counsel's recommendation that the 
Commission decline to open a rulemaking in response to the Petition, 
and the second on a motion to direct the Office of General Counsel to 
open the requested rulemaking. Since neither motion received the 
affirmative vote of four members of the Commission, the Commission is 
announcing that no further action on the Petition will be taken at this 
time. See 2 U.S.C. 437(c).

    Dated: May 14, 1999.
Scott E. Thomas,
Chairman, Federal Election Commission.
[FR Doc. 99-12663 Filed 5-19-99; 8:45 am]
BILLING CODE 6715-01-M