SUPPLEMENTARY INFORMATION:

On June 26, 2024, the Federal Election Commission received a Petition for Rulemaking (“Petition”) from the Minnesota Democratic Farmer-Labor Party and its Chair, Ken Martin (collectively, “Petitioners”), asking the Commission to amend various regulations applicable to state, district, and local committees of political parties.^[1] The Petition “revokes” a previous petition for rulemaking submitted by the same Petitioners on June 15, 2016, “incorporate[s] . . . by reference” the issues raised in the 2016 petition, and highlights three “priority issues” for consideration by the Commission.^[2]

First, Petitioners ask the Commission to amend 11 CFR 300.33(d)(3) by omitting the phrase “Federal election activities.” Section 300.33(d)(3) applies to salaries, wages, and fringe benefits paid for employees of state, district, or local party committees or organizations. It provides that “employees who spend none of their compensated time in a given month on Federal election activities or on activities in connection with a Federal election may be paid entirely with funds that comply with State law.” ^[3]

Second, Petitioners ask the Commission to reconsider and revise the definitions of “voter registration activity” and “get-out-the-vote activity” at 11 CFR 100.24(a)(2) and (3). Section 100.24(a)(2) defines “voter registration activity” to include, among other things, “[e]ncouraging or urging potential voters to register to vote,” “[p]reparing and distributing information about registration and voting,” and “[a]ny other activity that assists potential voters to register to vote.” Section 100.24(a)(3) defines “get-out-the-vote activity” to include, among other things, “[e]ncouraging or urging potential voters to vote,” “informing potential voters” about “[t]imes when polling places are open” and the “location of particular polling places,” and “[a]ny other activity that assists potential voters to vote.”

Third, Petitioners ask the Commission to codify a “modernized standard” to determine when volunteer activities related to mailings by state or local parties comply with the Act's “volunteer mailing exemption.” ^[4] Sections 100.87 and 100.147 of the Commission's regulations provide that the “payment by a state or local committee of a political party of the costs of campaign materials . . . used by such committee in connection with volunteer activities on behalf of any nominee(s) of such party” is not a contribution or expenditure if certain conditions are met.^[5]

The Petition also incorporates and attaches several documents, including Petitioners' 2016 petition. The 2016 petition asked the Commission to consider additional regulatory changes previously proposed in an agenda document presented at the Commission's Open Meeting on October 29, 2015.^[6] These proposed changes included (1) allowing 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,” ^[7] (2) “[e]xpand[ing] political party freedom to engage in volunteer activities such as volunteer mail drives, phone banks, and literature distribution,” ^[8] and (3) modifying 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.” ^[9]

The Commission seeks comments on the Petition. The public may inspect the Petition on the Commission's website at https://www.fec.gov/​fosers.

The Commission will not consider the Petition's merits until after the comment period closes. The Commission will consider the Petition and any comments that it receives before deciding whether to initiate a rulemaking. The Commission will publish the results of its decision in the Federal Register .

89 FR 62671