Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Elections intends to consider amending 1VAC20-90, Campaign Finance and Political Advertisements. The purpose of the proposed action is to define "express advocacy" for the purpose of administering Virginia campaign finance law. The term is not defined in the Code of Virginia or in regulation. The State Board of Elections currently provides a definition of "express advocacy" in campaign finance summaries that the board is required to provide to candidates and the public. The board now seeks to adopt the federal definition of "express advocacy" in regulation to provide continuity and clarity to campaign finance interpretation and application. The proposed regulation will align Virginia's interpretation of express advocacy with the operative definition as provided in 11 CFR 100.22, the Federal Election Commission's regulation.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 24.2-103 of the Code of Virginia.

Public Comment Deadline: November 28, 2018.

Agency Contact: David Nichols, Director of Election Services, Department of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8952, or email david.nichols@elections.virginia.gov.