83 FR 12283 - Rulemaking Petition: Former Candidates' Personal Use

FEDERAL ELECTION COMMISSION

Federal Register Volume 83, Issue 55 (March 21, 2018)

On February 5, 2018, the Federal Election Commission received a Petition for Rulemaking, which asks the Commission to revise and amend the existing rules concerning the personal use of campaign funds, specifically to clarify the application of those rules to former candidates and officeholders. The Commission seeks comments on the petition.

[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Proposed Rules]
[Page 12283]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05644]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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. 83, No. 55 / Wednesday, March 21, 2018 / 
Proposed Rules

[[Page 12283]]



FEDERAL ELECTION COMMISSION

11 CFR Part 113

[NOTICE 2018-05]


Rulemaking Petition: Former Candidates' Personal Use

AGENCY: Federal Election Commission.

ACTION: Rulemaking petition; notification of availability.

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SUMMARY: On February 5, 2018, the Federal Election Commission received 
a Petition for Rulemaking, which asks the Commission to revise and 
amend the existing rules concerning the personal use of campaign funds, 
specifically to clarify the application of those rules to former 
candidates and officeholders. The Commission seeks comments on the 
petition.

DATES: Comments must be submitted on or before May 21, 2018.

ADDRESSES: All comments must be in writing. Commenters are encouraged 
to submit comments electronically via the Commission's website at 
http://www.fec.gov/fosers, reference REG 2015-04. Alternatively, 
commenters may submit comments in paper form, addressed to the Federal 
Election Commission, Attn.: Robert M. Knop, Assistant General Counsel, 
1050 First Street NE, Washington, DC 20463.
    Each commenter must provide, at a minimum, his or her first name, 
last name, city, and state. 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 
website and in the Commission's Public Records Office. 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. Robert M. Knop, Assistant General 
Counsel, or Mr. Sean J. Wright, Attorney, Office of General Counsel, 
1050 First Street NE, Washington, DC 20463, (202) 694-1650 or (800) 
424-9530.

SUPPLEMENTARY INFORMATION: On February 5, 2018, the Commission received 
a Petition for Rulemaking from the Campaign Legal Center, asking the 
Commission to revise and amend 11 CFR 113.1(g) and 11 CFR 113.2, the 
regulations pertaining to the personal use of campaign funds, 
specifically to clarify the application of those rules to former 
candidates and officeholders.
    The Federal Election Campaign Act, 52 U.S.C. 30101-46 (the 
``Act''), and Commission regulations provide that a candidate's 
authorized committee may use its funds for several specific purposes, 
as well as for ``any other lawful purpose,'' so long as the use does 
not constitute the conversion of campaign funds to ``personal use.'' 52 
U.S.C. 30114(b); 11 CFR 113.1(g), 113.2(e).
    Campaign funds ``shall be considered to be converted to personal 
use if [the funds are] used to fulfill any commitment, obligation or 
expense of a person that would exist irrespective of the candidate's 
election campaign or individual's duties as a holder of [f]ederal 
office.'' 52 U.S.C. 30114(b)(2); see also 11 CFR 113.1(g). The Act and 
Commission regulations provide a non-exhaustive list of uses of 
campaign funds that are per se personal use. 52 U.S.C. 30114(b)(2); 11 
CFR 113.1(g)(1)(i). For uses of campaign funds not on this list, the 
Commission determines, on a case-by-case basis, whether they constitute 
personal use. 11 CFR 113.1(g)(1)(ii).
    The petition asks the Commission to open a rulemaking to clarify 
the permissible use of campaign funds for former candidates and 
officeholders. The petition raises two discrete questions for the 
Commission to resolve during its proposed rulemaking. The first 
question asks the Commission to identify the ``permissible and 
impermissible uses of campaign funds for an individual who is no longer 
a candidate or officeholder.'' The second question asks the Commission 
to determine whether there is ``a point at which a former candidate or 
officeholder's continued spending of leftover campaign funds becomes so 
attenuated from his or her candidate or officeholder status that the 
spending is presumptively personal use.''
    The Commission seeks comments on the petition. The public may 
inspect the petition on the Commission's website at http://www.fec.gov/fosers, or in the Commission's Public Records Office, 1050 First Street 
NE, 12th Floor, Washington, DC 20463, Monday through Friday, from 9 
a.m. to 5 p.m. Interested persons may also obtain copies of the 
petitions by dialing the Commission's Faxline service at (202) 501-3413 
and following its instructions. Request document #280.
    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: March 14, 2018.
Caroline C. Hunter,
Chair, Federal Election Commission.
[FR Doc. 2018-05644 Filed 3-20-18; 8:45 am]
BILLING CODE 6715-01-P