[Federal Register Volume 64, Number 164 (Wednesday, August 25, 1999)]
[Proposed Rules]
[Pages 46319-46320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21994]


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FEDERAL ELECTION COMMISSION

11 CFR Part 114

[Notice 1999-14]


Rulemaking Petition: Voting Records and Voter Guides Notice of 
availability

AGENCY: Federal Election Commission.

ACTION: Rulemaking petition: Notice of availability.

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SUMMARY: On July 20, 1999, the Commission received a Petition for 
Rulemaking from James Bopp, Jr., of the James Madison Center for Free 
Speech, on behalf of the Iowa Right to Life Committee, Inc. The 
Petition urges the Commission to repeal its rules

[[Page 46320]]

addressing voting records and voter guides that are publicly 
distributed by corporations and labor organizations, an action it calls 
necessary to conform these rules with a recent court decision. The 
Petition is available for inspection in the Commission's Public Records 
Office and through its FAXLINE service.

DATES: Statements in support of or in opposition to the Petition must 
be filed on or before September 24, 1999.

ADDRESSES: All comments should be addressed to Rosemary C. Smith, 
Acting 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. 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: Rosemary C. Smith, Acting Assistant 
General Counsel, or Rita A. Reimer, Attorney, 999 E Street, N.W., 
Washington, D.C. 20463, (202) 694-1650 or (800) 424-9530 (toll free).

SUPPLEMENTARY INFORMATION: The Federal Election Campaign Act at 2 
U.S.C. 441b prohibits corporations and labor organizations from using 
general treasury monies to make contributions or expenditures in 
connection with Federal elections. Such entities may engage in certain 
nonpartisan activities, however, including, inter alia, the preparation 
and distribution to the general public of voting records of Members of 
Congress and voter guides consisting of two or more candidates' 
positions on campaign issues, as long as certain conditions are met. 
See 11 CFR 114.4(c)(4) (voting records), 114.4(c)(5) (voter guides).
    The Petitioner is asking the Commission to repeal its rules at 11 
CFR 114.4(c)(4) and 114.4(c)(5), an action it argues is necessary to 
conform the Commission's regulations to the decision of the United 
States Court of Appeals for the First Circuit in Clifton v. Federal 
Election Commission, 927 F.Supp. 493 (D.Me. 1996), modified in part and 
remanded in part, 114 F.3d 1309 (1st Cir. 1997), cert. denied, 118 
S.Ct. 1036 (1998). That decision invalidated certain portions of these 
rules, including the ``electioneering message'' standard contained in 
11 CFR 114.4(c)(5)(ii) (D) and (E).
    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 #241.
    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: August 20, 1999.
Scott E. Thomas,
Chairman, Federal Election Commission.
[FR Doc. 99-21994 Filed 8-24-99; 8:45 am]
BILLING CODE 6715-01-P