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Notices of Proposed Rulemaking Implementing the Recent Shays Decision are now Available for Comment

October 20, 2009

On October 8, the Commission approved two Notices of Proposed Rulemaking (NPRMs) implementing the D.C. Circuit Court of Appeals Opinion in Shays v. FEC (Shays III)  that found invalid aspects of some of the rules the Commission promulgated to implement the Bipartisan Campaign Reform Act of 2002 (BCRA). The NPRM on Federal Election Activity addresses definitions of get-out-the-vote and voter registration activity. The Commission will hold a hearing on this NPRM on December 16, 2009. Comments from the public are due by November 20. The NPRM on Coordinated Communications proposes possible alternatives to the regulations that govern communications made in coordination with federal candidates, their authorized committees or political parties but paid for by other persons. The NPRM also proposes to define “promote, attack, support, or oppose.” Comments on this NPRM are due on or before January 19, 2010, and the Commission will hold a hearing at a later date.