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.

Proposed Rules Federal Register

51302 

Vol. 70, No. 167 

Tuesday, August 30, 2005 

FEDERAL ELECTION COMMISSION 

11 CFR Part 100 

[Notice 2005–23] 

Definition of Federal Election Activity 

AGENCY: Federal Election Commission. 

ACTION: Reopening of comment period. 

SUMMARY: This notice reopens the 

comment period for a notice of 

proposed rulemaking to amend the 

definition of ‘‘Federal election activity.’’ 

The comment period will be open for 

thirty days. The NPRM includes 

proposals that would retain the existing 

definition of ‘‘voter registration activity’’ 

and modify the existing definitions of 

‘‘get-out-the-vote activity’’ and ‘‘voter 

identification’’ to conform Commission 

rules to the ruling of the U.S. District 

Court for the District of Columbia in 

Shays v. Federal Election Commission. 

DATES: Comments must be received on 

or before September 29, 2005. 

ADDRESSES: All comments must be in 

writing, addressed to Ms. Mai T. Dinh, 

Assistant General Counsel, and 

submitted in either e-mail, facsimile or 

paper form. Commenters are strongly 

encouraged to submit comments by email or facsimile to ensure timely 

receipt and consideration. E-mail 

comments must be sent to either 

FEAdef2@fec.gov or submitted through 

the Federal eRegulations Portal at 

www.regulations.gov. If the e-mail 

comments include an attachment, the 

attachment must be in Adobe Acrobat 

(.pdf) or Microsoft Word (.doc) format. 

Faxed comments should be sent to (202) 

219–3923, with paper copy follow-up. 

Paper comments and paper copy followup of faxed comments should be sent to 

the Federal Election Commission, 999 E 

Street, NW., Washington, DC 20463. All 

comments must include the full name 

and postal service address of the 

commenter or they will not be 

considered. The Commission will post 

comments on its Web site after the 

comment period ends. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Mai T. Dinh, Assistant General Counsel, 

Mr. J. Duane Pugh Jr., Senior Attorney, 

or Ms. Margaret G. Perl, Attorney, 999 

E Street, NW., Washington, DC 20463, 

(202) 694–1650 or (800) 424–9530. 

SUPPLEMENTARY INFORMATION: The 

Bipartisan Campaign Reform Act of 

2002 (‘‘BCRA’’), Public Law No. 107– 

155, 116 Stat. 81 (2002), amended FECA 

by adding a new term, ‘‘Federal election 

activity’’ (‘‘FEA’’). The Commission 

defined FEA in 11 CFR 100.24. In Shays 

v. FEC, 337 F. Supp. 2d 28 (D.D.C. 

2004), aff’d, No. 04–5352, 2005 WL 

1653053 (D.C. Cir. July 15, 2005) 

(‘‘Shays’’), the District Court held that 

certain parts of certain regulations had 

not been promulgated with adequate 

notice and opportunity for comment 

and that other aspects of the regulations 

were inconsistent with Congressional 

intent. Shays at 104, 107 n.83, and 108. 

The District Court remanded the case for 

further action consistent with the 

court’s decision. 

To address the District Court decision, 

the Commission published a Notice of 

Proposed Rulemaking amending the 

definition of ‘‘Federal election activity.’’ 

Notice of Proposed Rulemaking for the 

Definition of Federal Election Activity, 

70 FR 23068 (May 4, 2005). The NPRM 

explored possible modifications to the 

definitions of ‘‘voter registration 

activity,’’ ‘‘get-out-the-vote activity,’’ 

and ‘‘voter identification.’’ The 

comment period for the NPRM ended on 

June 3, 2005, and a hearing was held on 

August 4, 2005. Written comments and 

a transcript of the hearing can be found 

at: http://www.fec.gov/law/ 

law_rulemakings.shtml#definition_fea. 

Witnesses at the hearing suggested 

that the Commission seek additional 

information that may assist the 

Commission in its decisionmaking. The 

Commission is reopening the comment 

period to allow interested parties to 

submit information or comments that 

may be useful in this rulemaking. 

Dated: August 24, 2005. 

Michael E. Toner, 

Vice Chairman, Federal Election Commission. 

[FR Doc. 05–17155 Filed 8–29–05; 8:45 am] 

BILLING CODE 6715–01–P 

FEDERAL ELECTION COMMISSION 

11 CFR Parts 106 and 300 

[Notice 2005–22] 

State, District, and Local Party 

Committee Payment of Certain Salaries 

and Wages 

AGENCY: Federal Election Commission. 

ACTION: Reopening of comment period. 

SUMMARY: This notice reopens the 

comment period for a notice of 

proposed rulemaking for proposed 

changes to regulations regarding 

payments by State, district or local party 

committees for salaries and wages of 

employees who spend 25 percent or less 

of their compensated time in a month 

on activities in connection with a 

Federal election. The proposed changes 

would require these expenses to be paid 

using at least some Federal funds, 

consistent with the rulings of the United 

States District Court for the District of 

Columbia and the Court of Appeals for 

the District of Columbia Circuit in Shays 

v. Federal Election Commission. 

DATES: Comments must be received on 

or before September 29, 2005. 

ADDRESSES: All comments must be in 

writing, addressed to Ms. Mai T. Dinh, 

Assistant General Counsel, and 

submitted in either e-mail, facsimile or 

paper form. Commenters are strongly 

encouraged to submit comments by email or facsimile to ensure timely 

receipt and consideration. E-mail 

comments must be sent to either 

SPW2@fec.gov or submitted through the 

Federal eRegulations Portal at http:// 

www.regulations.gov. If the e-mail 

comments include an attachment, the 

attachment must be in Adobe Acrobat 

(.pdf) or Microsoft Word (.doc) format. 

Faxed comments should be sent to (202) 

219–3923, with paper copy follow-up. 

Paper comments and paper copy followup of faxed comments should be sent to 

the Federal Election Commission, 999 E 

Street, NW., Washington, DC 20463. All 

comments must include the full name 

and postal service address of the 

commenter or they will not be 

considered. The Commission will post 

comments on its Web site after the 

comment period ends. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Mai T. Dinh, Assistant General Counsel, 

Mr. Anthony T. Buckley, 999 E Street,