Proposed Rule2024-16871
Political Party Rules
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 1, 2024
Issuing agencies
Federal Election Commission
Abstract
The Commission announces its disposition of a Petition for Rulemaking ("Petition") filed on June 14, 2016, by the Minnesota Democratic-Farmer-Labor Party and its Chair, Ken Martin. The Petition asked the Commission to amend several of its regulations applicable to state, district, or local committees of political parties. On June 26, 2024, the same petitioners submitted a new petition that incorporates the substance of this Petition while "revok[ing]" this Petition. Given the new petition, the Commission is not initiating a rulemaking in response to this Petition.
Full Text
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<title>Federal Register, Volume 89 Issue 148 (Thursday, August 1, 2024)</title>
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[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Proposed Rules]
[Page 62670]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16871]
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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. 89, No. 148 / Thursday, August 1, 2024 /
Proposed Rules
[[Page 62670]]
FEDERAL ELECTION COMMISSION
11 CFR Parts 100, 106, 109, 110, and 300
[Notice 2024-17]
Political Party Rules
AGENCY: Federal Election Commission.
ACTION: Notification of disposition of petition for rulemaking.
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SUMMARY: The Commission announces its disposition of a Petition for
Rulemaking (``Petition'') filed on June 14, 2016, by the Minnesota
Democratic-Farmer-Labor Party and its Chair, Ken Martin. The Petition
asked the Commission to amend several of its regulations applicable to
state, district, or local committees of political parties. On June 26,
2024, the same petitioners submitted a new petition that incorporates
the substance of this Petition while ``revok[ing]'' this Petition.
Given the new petition, the Commission is not initiating a rulemaking
in response to this Petition.
DATES: August 1, 2024.
ADDRESSES: Copies of the Petition, the Notification of Availability,
public comments, and related documents are available on the
Commission's website, <a href="https://www.fec.gov/fosers/">https://www.fec.gov/fosers/</a> (reference REG 2016-
03, Political Party Rules).
FOR FURTHER INFORMATION CONTACT: Ms. Amy L. Rothstein, Assistant
General Counsel, or Mr. Joseph P. Wenzinger, Attorney, Office of
General Counsel, (202) 694-1650 or (800) 424-9530.
SUPPLEMENTARY INFORMATION: The Federal Election Campaign Act \1\ (the
``Act'') and Commission regulations place various fundraising and
spending limitations, prohibitions, and reporting requirements on
state, district, and local political party committees. On June 14,
2016, the Minnesota Democratic-Farmer-Labor Party and its Chair, Ken
Martin (collectively, ``Petitioners''), submitted a Petition for
Rulemaking that asked the Commission to amend several regulations
applicable to political parties.\2\
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\1\ 52 U.S.C. 30101-45.
\2\ REG 2016-03 (Political Party Rules), Petition for Rulemaking
to Strengthen Political Parties (June 14, 2016).
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First, the Petition asked the Commission to narrow the regulatory
definition of ``Federal election activity,'' \3\ which includes certain
activities that urge, encourage, or assist people to vote or to
register to vote.\4\ The Act and Commission regulations require a
state, district, or local committee of a political party to pay for
Federal election activity with either entirely Federal funds or, in
other instances, a mix of Federal funds and ``Levin funds.'' \5\
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\3\ See 11 CFR 100.24.
\4\ Id. Sec. 100.24(a)(2) and (3).
\5\ 52 U.S.C. 30125(b); 11 CFR 300.32.
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Second, the Petition asked the Commission to amend the regulation
requiring political parties to use a Federal account to pay the salary,
wages, and fringe benefits of any 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.'' \6\ Specifically,
the Petition asked the Commission to delete the reference to ``Federal
election activities,'' so that the requirement would cover only
employee activities ``in connection with a Federal election.''
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\6\ See 11 CFR 106.7(c)(l), (d)(l)(i) and (ii) and 300.33(d)(l)
and (2).
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Finally, the Petition asked the Commission to consider additional
regulatory modifications listed in Commission Agenda Document No. 15-
54-A, a proposed resolution that recommended amending several rules
that would (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,'' \7\ (2) expand
political parties' ability to engage in volunteer activities such as
volunteer mail drives, phone banks, and literature distribution,\8\ 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 using state funds and to ``employ
people to engage in state and local get-out-the-vote activities with
state funds.'' \9\
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\7\ See 11 CFR 109.37.
\8\ See id. Sec. Sec. 100.87, 100.47.
\9\ See id. Sec. 100.24.
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The Commission published a Notification of Availability requesting
public comments on the Petition.\10\ The Commission received 18
comments in response, including one from Petitioners. Most comments
supported the Petition; one comment opposed it.
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\10\ Political Party Rules, 81 FR 69721 (Oct. 7, 2016).
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On June 26, 2024, Petitioners submitted a new petition for
rulemaking. The new petition includes a copy of this Petition,
incorporates this Petition by reference, and ``revokes'' this Petition.
The Commission has decided not to initiate a rulemaking in response
to this Petition. In deciding whether to initiate a rulemaking in
response to a petition, the Commission generally considers five
factors: (1) the Commission's statutory authority; (2) policy
considerations; (3) the desirability of proceeding on a case-by-case
basis; (4) the necessity or desirability of statutory revision; and (5)
available agency resources.\11\
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\11\ 11 CFR 200.5.
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Here, the Commission has concluded that its available resources
would be more efficiently and effectively utilized by focusing on the
new petition for rulemaking submitted by Petitioners on June 26, 2024,
which addresses the same issues, and disposing of this Petition.
Copies of the Petition, the Notification of Availability, public
comments, and related documents are available on the Commission's
website, <a href="https://www.fec.gov/fosers/">https://www.fec.gov/fosers/</a> (reference REG 2016-03, Political
Party Rules).
Dated: July 25, 2024.
On behalf of the Commission,
Sean J. Cooksey,
Chairman, Federal Election Commission.
[FR Doc. 2024-16871 Filed 7-31-24; 8:45 am]
BILLING CODE 6715-01-P
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