Rulemaking Petition; Anthony F. Essaye and William Josephson; Notice of Availability

FEDERAL ELECTION COMMISSION

11 CFR Parts 9001, 9002, 9003, 9004, 9005, 9006 and 9007

[Notice 1994--17]

Rulemaking Petition; Anthony F. Essaye and William Josephson;

Notice of Availability

AGENCY: Federal Election Commission.

ACTION: Rulemaking petition: Notice of Availability.

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SUMMARY: On November 18, 1994, the Commission received a Petition for

Rulemaking from Anthony F. Essaye and William Josephson. The petition

urges the Commission to clarify its position on whether a candidate's

receipts or disbursements regarding the Electoral College process and

the process of electing the President and Vice President by the United

States Congress are governed by the Federal Election Campaign Act or

the Presidential Election Campaign Fund Act. The petition is available

for inspection in the Commission's Public Records Office.

DATES: Statements in support of or in opposition to the petition must

be filed on or before January 23, 1995.

ADDRESSES: Comments must be in writing and addressed to: Ms. Susan E.

Propper, Assistant General Counsel, 999 E Street, N.W., Washington,

D.C. 20463.

FOR FURTHER INFORMATION CONTACT: Ms. Susan E. Propper, Assistant

General Counsel, 999 E Street, N.W., Washington, D.C. 20463, (202) 219-

3690 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: The Petitioners seek clarification of the

Commission's policy regarding the deliberations of the Electoral

College and the possible election of a President or Vice President by

the United States House of Representatives or the United States Senate.

The petition states that ``nothing in the Commission's regulations

under either the Federal Election Campaign Act of 1971, as amended, or

the Presidential Election Campaign Fund Act, as amended, regulates

receipts or disbursements with respect to ``these processes.'' the

petition asks the Commission to address these ``important and

substantial policy and legal issues'' before the next presidential

election.

Copies of the Petition for Rulemaking are available for public

inspection at the Commission's Public Records Office, 999 E Street,

N.W., Washington, D.C. 20463, Monday through Friday between the hours

of 9:00 a.m. and 5:00 p.m. Statements in support of or in opposition to

the Petition for Rulemaking must be submitted in writing by January 23,

1995.

Consideration of the merits of the petition will be deferred until

the close of the comment period. If the Commission decides that the

petition has merit, it may begin a rulemaking proceeding.

However, the Commission notes that it is currently engaged in a

rulemaking regarding presidential primary and general election

candidates, and recently published a Notice of Proposed Rulemaking

seeking comments on proposed rules in this area. 59 FR 51006 (October

6, 1994). This rulemaking involves issues that are closely related to

the issues raised in the rulemaking petition. Consequently, the

Commission may incorporate any further consideration of the petition

into the ongoing rulemaking proceeding.

Dated: December 5, 1994.

Trevor Potter,

Chairman.

[FR Doc. 94-30146 Filed 12-7-94; 8:45 am]

BILLING CODE 6715-01-M