[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Proposed Rules]
[Page 75455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29601]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / 
Proposed Rules

[[Page 75455]]



FEDERAL ELECTION COMMISSION

11 CFR Part 100

[NOTICE 2014-14]


Federal Office; Notice of Disposition of Petition for Rulemaking

AGENCY: Federal Election Commission.

ACTION: Notice of disposition of petition for rulemaking.

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SUMMARY: The Commission announces its disposition of a Petition for 
Rulemaking (``Petition'') filed on August 28, 2014, by National 
Convention PBC. The Petition asks the Commission to amend 11 CFR 100.4 
to revise the definition of ``federal office'' to include delegates to 
a constitutional convention. The Commission has decided not to initiate 
a rulemaking at this time. The Petition and other documents relating to 
this matter are available on the Commission's Web site, http://www.fec.gov/fosers/, and in the Commission's Public Records Office.

DATES: December 18, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Emma K. Lewis, Office of General 
Counsel, 999 E Street NW., Washington, DC 20463, (202) 694-1650 or 
(800) 424-9530.

SUPPLEMENTARY INFORMATION: On August 28, 2014, the Commission received 
a Petition for Rulemaking from National Convention PBC regarding the 
Commission's regulation defining ``federal office,'' 11 CFR 100.4. The 
regulation provides that ``Federal office means the office of President 
or Vice President of the United States, Senator or Representative in, 
or Delegate or Resident Commissioner to, the Congress of the United 
States.'' The Petition asks the Commission to amend 11 CFR 100.4 to add 
``a Delegate to a constitutional convention for proposing amendments to 
the Constitution of the United States.''
    The Commission published a Notice of Availability seeking comment 
on the Petition on October 2, 2014. 79 FR 59459. The Commission 
received five comments in response to the NOA. Two comments, filed on 
behalf of a total of four organizations, opposed the Petition, 
primarily on the grounds that the regulatory change it seeks would be 
inconsistent with the applicable statutory definition of ``federal 
office.'' Three comments from individuals supported the Petition on the 
grounds that delegates to a constitutional convention should be bound 
by the campaign finance rules that apply to federal candidates 
(although one of these comments also objected to certain aspects of 
National Convention PBC's proposal).
    The Commission agrees with the commenters who opposed the Petition. 
The definition of ``federal office'' is specifically set by statute: 
``The term `Federal office' means the office of the President or Vice 
President, or of Senator or Representative in, or Delegate or Resident 
Commissioner to, the Congress.'' 52 U.S.C. 30101(3) (formerly 2 U.S.C. 
431(3)). The Commission's regulatory definition of ``federal office'' 
uses materially indistinguishable language, defining a federal office 
as ``the office of President or Vice President of the United States, 
Senator or Representative in, or Delegate or Resident Commissioner to, 
the Congress of the United States.'' 11 CFR 100.4. The Petition and the 
commenters who supported it provide certain policy arguments in favor 
of including delegates to a constitutional convention within the scope 
of the regulation, but the statutory definition of ``federal office'' 
unambiguously omits such delegates. In situations such as this where 
the statute contains no relevant ambiguity, the Commission ``must give 
effect to the unambiguously expressed intent of Congress.'' Chevron 
U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837, 842-43 
(1984).
    The Commission therefore declines to commence a rulemaking to add 
delegates to a constitutional convention to the definition of ``federal 
office'' in 11 CFR 100.4.

    On behalf of the Commission,

    Dated: December 11, 2014.
Lee E. Goodman,
Chairman, Federal Election Commission.
[FR Doc. 2014-29601 Filed 12-17-14; 8:45 am]
BILLING CODE 6715-01-P