FEC Releases Federal Register Notices of Recent Rulemakings

Advisory to editors and correspondents

The Federal Election Commission has in the past weeks published in the Federal Register notices of FEC rulemakings and their effective dates, and a Notice of Inquiry seeking public comment. The following is provided as a reminder/guide to those notices:

Use of the Internet for Campaign Activity: Commission is seeking public input into the issues raised by the use of the Internet to conduct political campaign activity, and has issued a Notice of Inquiry (NOI). News release with details issued November 3 (see FEC Web site, www.fec.gov, News Releases and Media Advisories). Federal Register publication November 5, 1999, 64 FR 60360. Comments must be submitted on or before January 4, 2000.

Treatment of Limited Liability Companies Under the Federal Election Campaign Act: On July 12, 1999, Commission published (64 FR 37397) text of revised regulations that address the treatment of limited liability companies (LLCs) for purposes of the Federal Election Campaign Act. New rules generally provide that LLCs will be treated as either partnerships or corporations for FECA purposes, consistent with the tax treatment they select under the Internal Revenue Code. These rules were effective November 12, 1999, 64 FR 55125; published FR October 12.

Matching Credit Card and Debit Card Contributions in Presidential Campaigns: On June 17 and August 5, 1999, the Commission published the text of revised regulations that would allow contributions made by credit or debit card, including contributions made over the Internet, to be matched under the Presidential Primary Matching Payment Account Act. These rules are effective retroactive to January 1, 1999. The effective-date announcements were published in the FR on September 23, 1999, 64 FR 51422, and November 3, 1999, 64 FR 59607.

Party Committee coordinated expenditures and rules for publicly financed presidential campaigns: In addition to the matching credit and debit card contributions rulemaking noted above, the Commission has promulgated additional rules dealing with publicly financed presidential campaigns. On August 5, 1999, the Commission published (64 FR 42579) the text of revised regulations addressing the costs of transportation and ground services that federally funded presidential primary and general election campaigns may pass on to the news media covering their campaigns, as well as party committee coordinated expenditures that are made before the date their candidates received the nomination. Rules effective as of November 3, 1999; published November 3, 1999, 64 FR 59606.

On September 13, 1999, the Commission published (64 FR 49355) rules addressing, among other items, the pre-nomination formation of a General Election Legal and Compliance Fund (GELAC); transfers from a primary campaign committee to a GELAC; joint primary and GELAC solicitations; winding down costs; lost, misplaced, or stolen items; disposition of capital assets; and receipts and disbursements of convention host committees. Rules effective as of November 12, 1999, except that new GELAC rules take effect on June 1, 2000; published November 12, 1999, 64 FR 61475.

Definition of "Member" of a Membership Organization: On July 30, 1999, Commission published (64 FR 41266) text of revised regulations defining who qualifies as a "member" of a membership organization for purposes of the Federal Election Campaign Act. Regulations effective as of November 2, 1999, 64 FR 59113, published November 2, 1999.

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