[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Proposed Rules]
[Page 51302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17155]


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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. 70, No. 167 / Tuesday, August 30, 2005 / 
Proposed Rules  

[[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 [email protected] 
or submitted through the Federal eRegulations Portal at 
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