[Federal Register Volume 71, Number 51 (Thursday, March 16, 2006)]
[Proposed Rules]
[Page 13557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3810]


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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. 71, No. 51 / Thursday, March 16, 2006 / 
Proposed Rules  

[[Page 13557]]



FEDERAL ELECTION COMMISSION

11 CFR Part 100

[Notice 2006-4]


Rulemaking Petition: Exception for Certain ``Grassroots 
Lobbying'' Communications From the Definition of ``Electioneering 
Communication''

AGENCY: Federal Election Commission.

ACTION: Rulemaking petition: Notice of availability.

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SUMMARY: On February 16, 2006, the Commission received a Petition for 
Rulemaking (``Petition'') from the AFL-CIO, the Alliance for Justice, 
the Chamber of Commerce of the United States, the National Education 
Association, and OMB Watch. The Petition asks the Commission to revise 
its regulations by exempting certain communications consisting of 
``grassroots lobbying'' that otherwise meet the definition of an 
``electioneering communication'' under the Federal Election Campaign 
Act of 1971, as amended. The Petition is available for inspection in 
the Commission's Public Records Office and on its website, http://www.fec.gov. Further information is provided in the supplementary 
information that follows.

DATES: Statements in support of, or in opposition to, the Petition must 
be submitted on or before April 17, 2006.

ADDRESSES: All comments must be in writing, must be addressed to Mr. 
Brad C. Deutsch, Assistant General Counsel, and must be submitted in 
either e-mail, facsimile, or paper copy form. Commenters are strongly 
encouraged to submit comments by e-mail or fax to ensure timely receipt 
and consideration. E-mail comments must be sent to either 
[email protected] or submitted through the Federal eRegulations Portal 
at http://www.regulations.gov. If e-mail comments include an 
attachment, the attachment must be in either Adobe Acrobat (.pdf) or 
Microsoft Word (.doc) format. Faxed comments must be sent to (202) 219-
3923, with paper copy follow-up. Paper comments and paper copy follow-
up of faxed comments must 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 website after 
the comment period ends.

FOR FURTHER INFORMATION CONTACT: Mr. Brad C. Deutsch, Assistant General 
Counsel, or Ms. Cheryl A.F. Hemsley, 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 107-55, 116 Stat. 81 (2002), added 
``electioneering communications'' to the communications already 
regulated by the Federal Election Campaign Act of 1971, as amended 
(``FECA''). See 2 U.S.C. 434(f)(3). Electioneering communications are 
television and radio communications that refer to a clearly identified 
candidate for Federal office, are publicly distributed within 60 days 
before a general election or 30 days before a primary election, and are 
targeted to the relevant electorate. See 2 U.S.C. 434(f)(3)(A)(i); 11 
CFR 100.29. BCRA exempts certain communications from the definition of 
``electioneering communication,'' 2 U.S.C. 434(f)(3)(B)(i) through 
(iii), and specifically authorizes the Commission to promulgate 
regulations exempting other communications as long as the exempted 
communications do not promote, support, attack or oppose a Federal 
candidate. 2 U.S.C. 434(f)(3)(B)(iv), citing 2 U.S.C. 431(20)(A)(iii). 
Section 100.29(c) of the Commission's regulations contains the 
regulatory exemptions to the definition of ``electioneering 
communications.'' 11 CFR 100.29(c).
    The Federal Election Commission (``Commission'') has received a 
Petition for Rulemaking (``Petition'') from the AFL-CIO, the Alliance 
for Justice, the Chamber of Commerce of the United States, the National 
Education Association, and OMB Watch (collectively, ``Petitioners''). 
The Petitioners ask the Commission to revise 11 CFR 100.29(c) to exempt 
from the definition of ``electioneering communication'' certain 
``grassroots lobbying'' communications that reflect all of the 
following principles: 1. The `clearly identified federal candidate' is 
an incumbent public officeholder; 2. The communication exclusively 
discusses a particular current legislative or executive branch matter; 
3. The communication either (a) calls upon the candidate to take a 
particular position or action with respect to the matter in his or her 
incumbent capacity, or (b) calls upon the general public to contact the 
candidate and urge the candidate to do so; 4. If the communication 
discusses the candidate's position or record on the matter, it does so 
only by quoting the candidate's own public statements or reciting the 
candidate's official action, such as a vote, on the matter; 5. The 
communication does not refer to an election, the candidate's candidacy, 
or a political party; and 6. The communication does not refer to the 
candidate's character, qualifications or fitness for office.
    The Commission seeks comments on whether the Commission should 
initiate a rulemaking on this proposed exception to the definition of 
``electioneering communication.''
    Copies of the Petition are available for public inspection at the 
Commission's Public Records Office, 999 E Street, NW., Washington, DC 
20463, Monday though Friday between the hours of 9 a.m. and 5 p.m., and 
on the Commission's website, http://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: March 9, 2006.
Michael E. Toner,
Chairman, Federal Election Commission.
 [FR Doc. E6-3810 Filed 3-15-06; 8:45 am]
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