FEC Approves Agency Procedure and Advance Notice of Proposed Rulemaking

FEC APPROVES AGENCY PROCEDURE AND ADVANCE NOTICE OF PROPOSED RULEMAKING

WASHINGTON – At its open meeting today, the Federal Election Commission approved an agency procedure regarding the Probable Cause process and an advance notice of proposed rulemaking regarding disclaimers on certain Internet communications.

Agency Procedure Following the Submission of Probable Cause Briefs by the Office of General Counsel. The Commission approved an agency procedure to formalize the Commission’s practice in the latter stages of the Probable Cause process in enforcement matters brought under the Federal Election Campaign Act of 1971, as amended.

Advance Notice of Proposed Rulemaking Regarding Disclaimers on Certain Internet Communications. The Commission approved an Advance Notice of Proposed Rulemaking concerning disclaimers on certain Internet communications. The Commission requests comments on whether and how it should modify or provide exceptions to its rules regarding disclaimers on Internet communications. In the event that the Commission adopts a final rule on this issue, the Commission does not anticipate that the final rule would become effective for the 2011-2012 election cycle, given the timeframe of the current cycle. Comments are due 30 days after publication of the Notice in the Federal Register.

Reporting Guidance for Political Committees that Maintain a Non-Contribution Account.  Chair Cynthia L. Bauerly noted that the Commission had recently issued a statement on Carey v. FEC and provided reporting guidance for political committees that maintain “Non-Contribution Accounts,” consistent with the Commission’s agreement to a stipulated order and consent judgment in that case.

The Federal Election Commission (FEC) is an independent regulatory agency that administers and enforces federal campaign finance laws. The FEC has jurisdiction over the financing of campaigns for the U.S. House of Representatives, the U.S. Senate, the Presidency and the Vice Presidency. Established in 1975, the FEC is composed of six Commissioners who are nominated by the President and confirmed by the U.S. Senate.

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