NRSC NF Candidate Officeholder Comment 5

February 8, 2010 VIA ELECTRONIC MAIL Amy L. Rothstein, Esq. Assistant General Counsel Federal Election Commission 999 E Street, NW Washington, DC 20463 Dear Ms. Rothstein, The National Republican Senatorial Committee (“NRSC”) by and through counsel submit these comments in response to the Federal Election Commission’s (the “Commission”) Notice of Proposed Rulemaking Regarding Participation by Federal Candidates and Officeholders at Non-Federal Fundraising Events. See 74 Fed. Reg. 64016 (Dec. 7, 2009) (hereinafter “NPRM”). The NRSC hopes that the following comments will prove helpful to the Commission and respectfully requests that representatives of the NRSC be permitted to testify at the Commission’s hearing for this rulemaking proceeding. I. INTRODUCTION A. Background The Bipartisan Campaign Reform Act of 2002 (“BCRA”) restricts the fundraising activities 1of federal candidates and officeholders by prohibiting such persons from soliciting, receiving, directing, transferring, or spending funds in connection with federal and nonfederal elections outside the amount limitations, source prohibitions, and reporting requirements of the Federal Election Campaign Act of 1971, as amended (the “Act”). See 2 U.S.C. § 441i(e)(1)(A) and (e)(1)(B). BCRA, however, explicitly allowed federal candidates and officeholders to “attend, speak, or be a featured guest at a fundraising event for a State, district, or local committee of a political party.” § ...