Comments filed opposing FEC rulemaking after McCutcheon Decision

Michael Harless Administrative Law, Election Law

Today we filed comments in response to the Federal Election Commission notice in considering a petition for rulemaking. This petition asks the FEC to expand the definition of “federal office” to include a delegate to a constitutional convention for proposing amendments to the U.S. Constitution.

We explained that the FEC has no authority to expand the definition of “federal office” — as this term is clearly defined in statute. Moreover, we explain that the manner by which delegates would be selected to serve at a so-called “Convention of the States” under Article V would be governed by state, not federal law.

These comments were filed on behalf of the Free Speech Coalition, the Free Speech Defense and Education Fund, and the U.S. Justice Foundation.

Link to comments