81_FR_69916 81 FR 69721 - Rulemaking Petition: Political Party Rules

81 FR 69721 - Rulemaking Petition: Political Party Rules

FEDERAL ELECTION COMMISSION

Federal Register Volume 81, Issue 195 (October 7, 2016)

Page Range69721-69722
FR Document2016-24310

On June 15, 2016, the Federal Election Commission received a Petition for Rulemaking asking the Commission to revise existing rules regarding the use of federal funds to pay for certain activities of state, district, or local committees of a political party. The Commission seeks comments on this petition.

Federal Register, Volume 81 Issue 195 (Friday, October 7, 2016) 
[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Proposed Rules]
[Pages 69721-69722]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24310]


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

FEDERAL ELECTION COMMISSION

11 CFR Parts 100, 106, and 109

[Notice 2016-11]


Rulemaking Petition: Political Party Rules

AGENCY: Federal Election Commission.

ACTION: Rulemaking Petition: Notice of availability.

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

SUMMARY: On June 15, 2016, the Federal Election Commission received a 
Petition for Rulemaking asking the Commission to revise existing rules 
regarding the use of federal funds to pay for certain activities of 
state, district, or local committees of a political party. The 
Commission seeks comments on this petition.

DATES: Comments must be submitted on or before January 30, 2017.

ADDRESSES: All comments must be in writing. Commenters are encouraged 
to submit comments electronically via the Commission's Web site at 
http://www.fec.gov/fosers, reference REG 2016-03, or by email to 
PoliticalPartyRules@fec.gov. Alternatively, commenters may submit 
comments in paper form, addressed to the Federal Election Commission, 
Attn.: Mr. Neven F. Stipanovic, Acting Assistant General Counsel, 999 E 
Street NW., Washington, DC 20463.
    Each commenter must provide, at a minimum, his or her first name, 
last name, city, state, and zip code. All properly submitted comments, 
including attachments, will become part of the public record, and the 
Commission will make comments available for public viewing on the 
Commission's Web site and in the Commission's Public Records room. 
Accordingly, commenters should not provide in their comments any 
information that they do not wish to make public, such as a home street 
address, personal email address, date of birth, phone number, social 
security number, or driver's license number, or any information that is 
restricted from disclosure, such as trade secrets or commercial or 
financial information that is privileged or confidential.

FOR FURTHER INFORMATION CONTACT: Mr. Neven F. Stipanovic, Acting 
Assistant General Counsel, or Mr. Joseph P. Wenzinger, Attorney, Office 
of General Counsel, 999 E Street NW., Washington, DC 20463, (202) 694-
1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: On June 15, 2016, the Federal Election 
Commission received a Petition for Rulemaking from the Minnesota 
Democratic-Farmer-Labor Party and its Chair, Ken Martin, requesting 
that the Commission amend several regulations applicable to political 
parties.
    First, the Federal Election Campaign Act, 52 U.S.C. 30101-46 (the 
``Act''), as amended by the Bipartisan Campaign Reform Act (``BCRA''), 
and Commission regulations provide that a state, district, or local 
committee of a political party must pay for ``Federal election 
activity'' with either entirely federal funds or, in other instances, a 
mix of federal funds and ``Levin funds.'' See 52 U.S.C. 30125(b); 11 
CFR 300.32. Under Commission regulations, ``Federal election activity'' 
includes certain activities that urge, encourage, or assist people to 
register to vote or to vote. See 11 CFR 100.24; Definition of Federal 
Election Activity, 75 FR 55257, 55260 (Sept. 10, 2010). The petitioners 
request that the Commission narrow this definition.
    Second, Commission regulations provide that political parties must 
use a federal account to pay the salary, wages, and fringe benefits of 
an employee who spends more than 25 percent of that individual's time 
on ``Federal election activities'' or on conduct ``in connection with a 
Federal election.'' See 11 CFR 106.7(d)(1)(i)-(ii). The petitioners ask 
the Commission to amend this rule to omit ``Federal election 
activities'' from the calculation, covering only activities ``in 
connection with a Federal election.''
    Finally, the petitioners ask the Commission to consider additional 
regulatory modifications listed in Commission Agenda Document No. 15-
54-A, a proposed resolution that recommended amending several rules to 
(1) allow political parties ``to discuss issue advertisements with 
candidates,'' ``republish parts of candidate materials in party 
materials,'' and ``distribute volunteer campaign materials without 
triggering coordination limits,'' see 11 CFR 109.37; (2) ``[e]xpand 
political party freedom to engage in volunteer activities such as 
volunteer mail drives, phone banks, and literature distribution,'' see 
id. 100.87, 100.147; and (3) modify the definition of ``Federal 
election activity'' to permit ``political parties to register voters 
and urge citizens to vote on behalf of state and local candidates free 
from FEC regulation'' and to ``employ people to engage in state and 
local get-out-the-vote activities with state funds,'' see id. 100.24.
    The Commission seeks comments on the petition. The public may 
inspect the Petition for Rulemaking on the Commission's Web site at 
http://www.fec.gov/fosers, or in the Commission's Public Records 
Office,

[[Page 69722]]

999 E Street NW., Washington, DC 20463, Monday through Friday, from 9 
a.m. to 5 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. Request document #283.
    The Commission will not consider the petition's merits until after 
the comment period closes. If the Commission decides that the petition 
has merit, it may begin a rulemaking proceeding. The Commission will 
announce any action that it takes in the Federal Register.

    On behalf of the Commission,

    Dated: September 29, 2016.
Matthew S. Petersen,
Chairman, Federal Election Commission.
[FR Doc. 2016-24310 Filed 10-6-16; 8:45 am]
 BILLING CODE 6715-01-P

Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Proposed Rules 69721 183, 184, 186, 187, 189, 223, 234, 274 (42 FEDERAL ELECTION COMMISSION Democratic-Farmer-Labor Party and its U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, Chair, Ken Martin, requesting that the 2099, 2111, 2201, 2210e, 2232, 2233, 2234, 11 CFR Parts 100, 106, and 109 Commission amend several regulations 2236, 2237, 2238, 2273, 2282, 2021); Energy applicable to political parties. Reorganization Act of 1974, secs. 201, 202, [Notice 2016–11] First, the Federal Election Campaign 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 Rulemaking Petition: Political Party Act, 52 U.S.C. 30101–46 (the ‘‘Act’’), as (42 U.S.C. 4332); Nuclear Waste Policy Act Rules amended by the Bipartisan Campaign of 1982, secs. 117(a), 132, 133, 134, 135, 137, Reform Act (‘‘BCRA’’), and Commission 141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), AGENCY: Federal Election Commission. regulations provide that a state, district, 10152, 10153, 10154, 10155, 10157, 10161, ACTION: Rulemaking Petition: Notice of or local committee of a political party 10165(g), 10168, 10198(a)); 44 U.S.C. 3504 availability. must pay for ‘‘Federal election activity’’ note. with either entirely federal funds or, in ■ 2. In § 72.214, Certificate of SUMMARY: On June 15, 2016, the Federal other instances, a mix of federal funds Compliance 1031 is revised to read as Election Commission received a Petition and ‘‘Levin funds.’’ See 52 U.S.C. follows: for Rulemaking asking the Commission 30125(b); 11 CFR 300.32. Under to revise existing rules regarding the use Commission regulations, ‘‘Federal § 72.214 List of approved spent fuel of federal funds to pay for certain election activity’’ includes certain storage casks. activities of state, district, or local activities that urge, encourage, or assist * * * * * committees of a political party. The people to register to vote or to vote. See Certificate Number: 1031. Commission seeks comments on this 11 CFR 100.24; Definition of Federal Initial Certificate Effective Date: petition. Election Activity, 75 FR 55257, 55260 February 4, 2009, superseded by Initial DATES: Comments must be submitted on (Sept. 10, 2010). The petitioners request Certificate, Revision 1, on February 1, or before January 30, 2017. that the Commission narrow this 2016. ADDRESSES: All comments must be in definition. Initial Certificate, Revision 1, Effective writing. Commenters are encouraged to Second, Commission regulations Date: February 1, 2016. submit comments electronically via the provide that political parties must use a Amendment Number 1 Effective Date: Commission’s Web site at http:// federal account to pay the salary, wages, August 30, 2010, superseded by www.fec.gov/fosers, reference REG and fringe benefits of an employee who Amendment Number 1, Revision 1, on 2016–03, or by email to spends more than 25 percent of that February 1, 2016. PoliticalPartyRules@fec.gov. individual’s time on ‘‘Federal election Alternatively, commenters may submit activities’’ or on conduct ‘‘in connection Amendment Number 1, Revision 1, comments in paper form, addressed to with a Federal election.’’ See 11 CFR Effective Date: February 1, 2016. the Federal Election Commission, Attn.: 106.7(d)(1)(i)–(ii). The petitioners ask Amendment Number 2 Effective Date: the Commission to amend this rule to January 30, 2012, superseded by Mr. Neven F. Stipanovic, Acting Assistant General Counsel, 999 E Street omit ‘‘Federal election activities’’ from Amendment Number 2, Revision 1, on the calculation, covering only activities February 1, 2016. NW., Washington, DC 20463. Each commenter must provide, at a ‘‘in connection with a Federal election.’’ Amendment Number 2, Revision 1, Finally, the petitioners ask the Effective Date: February 1, 2016. minimum, his or her first name, last Commission to consider additional name, city, state, and zip code. All Amendment Number 3 Effective Date: regulatory modifications listed in properly submitted comments, July 25, 2013, superseded by Commission Agenda Document No. 15– including attachments, will become part Amendment Number 3, Revision 1, on 54–A, a proposed resolution that of the public record, and the February 1, 2016. recommended amending several rules to Commission will make comments Amendment Number 3, Revision 1, (1) allow political parties ‘‘to discuss available for public viewing on the issue advertisements with candidates,’’ Effective Date: February 1, 2016. Commission’s Web site and in the Amendment Number 4 Effective Date: ‘‘republish parts of candidate materials Commission’s Public Records room. in party materials,’’ and ‘‘distribute April 14, 2015. Accordingly, commenters should not Amendment Number 5 Effective Date: volunteer campaign materials without provide in their comments any triggering coordination limits,’’ see 11 June 29, 2015. information that they do not wish to CFR 109.37; (2) ‘‘[e]xpand political Amendment Number 6 Effective Date: make public, such as a home street party freedom to engage in volunteer December 21, 2016. address, personal email address, date of activities such as volunteer mail drives, SAR Submitted by: NAC birth, phone number, social security phone banks, and literature International, Inc. number, or driver’s license number, or distribution,’’ see id. 100.87, 100.147; SAR Title: Final Safety Analysis any information that is restricted from and (3) modify the definition of Report for the MAGNASTOR® System. disclosure, such as trade secrets or ‘‘Federal election activity’’ to permit Docket Number: 72–1031. commercial or financial information ‘‘political parties to register voters and Certificate Expiration Date: February that is privileged or confidential. urge citizens to vote on behalf of state 4, 2029. FOR FURTHER INFORMATION CONTACT: Mr. and local candidates free from FEC Model Number: MAGNASTOR®. Neven F. Stipanovic, Acting Assistant regulation’’ and to ‘‘employ people to General Counsel, or Mr. Joseph P. engage in state and local get-out-the- mstockstill on DSK3G9T082PROD with PROPOSALS * * * * * Wenzinger, Attorney, Office of General vote activities with state funds,’’ see id. Dated at Rockville, Maryland, this 23rd day Counsel, 999 E Street NW., Washington, of September, 2016. 100.24. DC 20463, (202) 694–1650 or (800) 424– The Commission seeks comments on For the Nuclear Regulatory Commission. 9530. the petition. The public may inspect the Glenn M. Tracy, SUPPLEMENTARY INFORMATION: On June Petition for Rulemaking on the Acting Executive Director for Operations. 15, 2016, the Federal Election Commission’s Web site at http:// [FR Doc. 2016–24316 Filed 10–6–16; 8:45 am] Commission received a Petition for www.fec.gov/fosers, or in the BILLING CODE 7590–01–P Rulemaking from the Minnesota Commission’s Public Records Office, VerDate Sep<11>2014 16:37 Oct 06, 2016 Jkt 241001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\07OCP1.SGM 07OCP1

69722 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Proposed Rules 999 E Street NW., Washington, DC Each commenter must provide, at a nominating convention (including the 20463, Monday through Friday, from 9 minimum, his or her first name, last payment of deposits) or to repay loans a.m. to 5 p.m. Interested persons may name, city, state, and zip code. All the proceeds of which were used to also obtain a copy of the petition by properly submitted comments, defray such expenses, except that the dialing the Commission’s Faxline including attachments, will become part aggregate amount of expenditures the service at (202) 501–3413 and following of the public record, and the national committee of a political party its instructions. Request document Commission will make comments may make from such account may not #283. available for public viewing on the exceed $20,000,000 with respect to any The Commission will not consider the Commission’s Web site and in the single convention.’’ 52 U.S.C. petition’s merits until after the comment Commission’s Public Records room. 30116(a)(9)(A). A committee may use its period closes. If the Commission Accordingly, commenters should not party headquarters building account decides that the petition has merit, it provide in their comments any ‘‘solely to defray expenses incurred with may begin a rulemaking proceeding. information that they do not wish to respect to the construction, purchase, The Commission will announce any make public, such as a home street renovation, operation, and furnishing of action that it takes in the Federal address, personal email address, date of one or more headquarters buildings of Register. birth, phone number, social security the party or to repay loans the proceeds On behalf of the Commission, number, or driver’s license number, or of which were used to defray such Dated: September 29, 2016. any information that is restricted from expenses, or otherwise to restore funds disclosure, such as trade secrets or used to defray such expenses.’’ 52 Matthew S. Petersen, commercial or financial information U.S.C. 30116(a)(9)(B). Finally, a national Chairman, Federal Election Commission. that is privileged or confidential. party committee may use its election [FR Doc. 2016–24310 Filed 10–6–16; 8:45 am] recounts or contests and other legal FOR FURTHER INFORMATION CONTACT: Mr. BILLING CODE 6715–01–P Neven F. Stipanovic, Acting Assistant proceedings account to ‘‘defray General Counsel, or Mr. Tony Buckley expenses incurred with respect to the or Ms. Esther D. Gyory, Attorneys, preparation for and the conduct of FEDERAL ELECTION COMMISSION election recounts and contests and other Office of General Counsel, 999 E Street 11 CFR Parts 102, 104, 106, 109, 110, NW., Washington, DC 20463, (202) 694– legal proceedings.’’ 52 U.S.C. 9008, and 9012 1650 or (800) 424–9530. 30116(a)(9)(C). The petition asks the SUPPLEMENTARY INFORMATION: On Commission to adopt a ‘‘new regulatory January 8, 2016, the Federal Election framework’’ for each type of party [Notice 2016–10] Commission received a Petition for segregated account and to amend Rulemaking Petition: Implementing the Rulemaking from the Perkins Coie LLP current regulations, or adopt new Consolidated and Further Continuing Political Law Group. The petition asks regulations, that would apply to all such Appropriations Act, 2015 the Commission to adopt new accounts. regulations, and to revise its current The petition also addresses AGENCY: Federal Election Commission. regulations, to implement amendments convention committees. Until recently, ACTION: Rulemaking Petition: Notice of to the Federal Election Campaign Act, national party committees were entitled availability. 52 U.S.C. 30101–46 (‘‘FECA’’), made by to receive public funds to defray the the Consolidated and Further costs of their presidential nominating SUMMARY: The Federal Election conventions. See 26 U.S.C. 9001–9013 Continuing Appropriations Act, 2015, Commission has received a Petition for (2012); 11 CFR part 9008. Commission Pub. L. 113–235, 128 Stat. 2130, 2772 Rulemaking that asks the Commission to regulations therefore established (2014) (the ‘‘Appropriations Act’’). The amend its regulations to implement convention committees ‘‘as a necessary petition also asks the Commission to amendments to the Federal Election requirement in order to enable the adopt new regulations, and to amend its Campaign Act made by the Commission to know who has initial current regulations, regarding Consolidated and Further Continuing responsibility for handling public funds convention committees. Appropriations Act, 2015, which The Appropriations Act amended and incurring expenditures.’’ established certain new accounts for FECA by establishing separate limits on Presidential Election Campaign Fund national party committees. The petition contributions to three types of and Federal Financing of Presidential also asks the Commission to amend its segregated accounts of national party Nominating Conventions, 44 FR 63036, regulations regarding convention committees (collectively ‘‘party 63038 (Nov. 1, 1979). In 2014, however, committees. The Commission seeks segregated accounts’’). The party Congress terminated the public funding comments on this petition. segregated accounts are for expenses of presidential nominating conventions, DATES: Comments must be submitted on incurred with respect to (1) presidential while leaving in place most of the or before January 30, 2017. nominating conventions; (2) party statutory framework that had ADDRESSES: All comments must be in headquarters buildings; and (3) election implemented that funding system. See writing. Commenters are encouraged to recounts or contests and other legal Gabriella Miller Kids First Research Act, submit comments electronically via the proceedings. 52 U.S.C. 30116(a)(9). The Pub. L. 113–94, 128 Stat. 1085 (2014) Commission’s Web site at http:// Appropriations Act permits a national (the ‘‘Research Act’’). Shortly after the www.fec.gov/fosers, reference REG party committee to maintain the party Research Act was passed, in response to mstockstill on DSK3G9T082PROD with PROPOSALS 2014–10, or by email to segregated accounts in addition to any a request filed by two national party NationalPartyAccounts@fec.gov. other federal accounts that the committees, the Commission issued an Alternatively, commenters may submit committee may lawfully maintain. advisory opinion concluding that the comments in paper form, addressed to Under the Appropriations Act, a requestors could establish convention the Federal Election Commission, Attn.: national party committee may use its committees to ‘‘us[e] privately-raised Neven F. Stipanovic, Acting Assistant presidential nominating convention funds solely to pay for the same types General Counsel, 999 E Street NW., account ‘‘solely to defray expenses of convention expenses for which Washington, DC 20463. incurred with respect to a presidential public funds were previously used.’’ VerDate Sep<11>2014 16:37 Oct 06, 2016 Jkt 241001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\07OCP1.SGM 07OCP1


Document Created: 2018-02-13 16:32:08
Document Modified: 2018-02-13 16:32:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRulemaking Petition: Notice of availability.
DatesComments must be submitted on or before January 30, 2017.
ContactMr. Neven F. Stipanovic, Acting Assistant General Counsel, or Mr. Joseph P. Wenzinger, Attorney, Office of General Counsel, 999 E Street NW., Washington, DC 20463, (202) 694- 1650 or (800) 424-9530.
FR Citation81 FR 69721 
CFR Citation11 CFR 100
11 CFR 106
11 CFR 109
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR