The Commission has decided not to initiate rulemakings in response to three petitions for rulemaking.
REG 2012-01 (Electioneering Communications Reporting)
On October 5, 2012, the Commission received a petition for rulemaking from the Center for Individual Freedom (CFIF). CFIF asked the Commission to conduct a “narrow and focused rulemaking" to update the Commission’s regulations on reporting of electioneering communications to apply “the electioneering communications disclosure obligations of corporations and labor unions to any form of electioneering communication.” On March 7, 2013, the Commission considered the Petition and comments filed in response to the Notification of Availability of the petition. The Commission did not approve opening a rulemaking by the required affirmative vote of four Commissioners.
On October 21, 2014, in response to a petition for rulemaking from the James Madison University Center for Free Speech, the Commission published changes to its rules governing independent expenditures and electioneering communications by corporations and labor organizations. Since all of the regulatory changes CFIF sought in its petition were made at that time, the Commission has decided not to initiate a rulemaking in response to the petition.
REG 2015-04 (Citizens United II)
On June 19 and 22, 2015, the Commission received petitions for rulemaking from Make Your Laws PAC, Inc. and Make Yor Laws Advocacy, Inc. and from Craig Holman and Public Citizen, respectively. Both petitions asked the Commission to revise existing regulations and issue new regulations in four areas in response to the Supreme Court’s decision in Citizens United v. FEC.
On December 17, 2015, the Commission considered the petitions and comments in response to the notification of availability of the petitions. At that time, the Commission voted 3-3 on a motion to initiate a rulemaking to adopt the regulations proposed by the petitions. Because there were not four affirmative votes in support of the petitions, the Commission is not initiating a rulemaking.
REG 2014-09 (Federal Contractors)
On November 18, 2014, the Commission received a petition for rulemaking from Public Citizen asking the Commission to amend 11 CFR §115 to include certain factors for determining whether entities of the same corporate family are distinct business entities for purposes of the prohibition on contributions by federal contractors.
On November 10, 2015, the Commission considered the petition and comments received in response to the notification of availability on the petition. At that time, the Commission voted 3-3 on a motion to initiate a rulemaking to adopt the regulations proposed by the petition. Because there were not four affirmative votes in support of the petition, the Commission is not initiating a rulemaking.