State of Play: Campaign Travel Rules

The FEC considered its final rules for campaign travel on December 14, 2007.   HLOGA necessitated some rules changes for how campaigns accounted for travel on private aircraft, and other travel rules.   What happened next?  The FEC approved the rules, yet the rules were not, according to the FEC website, forwarded to Congress before the Commission lost a quorum.  (The general rule is that the Administrative Procedures Act requires new rules to be published in the Federal Register not less than 30 days before the rules become effective.)  There is no indication on the FEC website that the FEC is claiming an exception to this requirement, as it did in the recent electioneering communication rulemaking.  The commands of the language of HLOGA are unmistakable with respect to many aspects of campaign travel, but distinctions between the language of HLOGA and the rules have been noted.   See Statement of Commissioner Hans A. von Spakovsky on the Adoption of New Travel Regulations (Dec. 17, 2007)(no longer available on the FEC website but available here for your review).

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