As used in this part:

1. (a) Ex parte communication means any written or oral communication by any person outside the agency to any Commissioner or any member of a Commissioner's staff which imparts information or argument regarding prospective Commission action or potential action concerning:

   1. (1) Any candidate or committee applying for or participating in the public funding process, or
   2. (2) Any ongoing audit, or
   3. (3) Any pending litigation matter, or
   4. (4) Any pending rulemaking, or
   5. (5) Any pending advisory opinion request.

2. (b) Ex parte communications does not include the following communications.

   1. (1) Statements by any person publicly made in a public forum; or
   2. (2) Statements or inquiries by any person limited to the procedural status of an open proceeding involving an application for public funding, a rulemaking, an advisory opinion request, an audit being conducted pursuant to 26 U.S.C. 9007 (a) and (b), 9008 (g) and (h), or 9038 (a) and (b), or a litigation matter.
3. (c) Commissioner means an individual appointed to the Federal Election Commission pursuant to 52 U.S.C. 30106(a).
4. (d) Commissioner's staff means all individuals working under the personal supervision of a Commissioner including executive assistants and executive secretaries.

[58 FR 59645, Nov. 10, 1993, as amended at 75 FR 32, Jan. 4, 2010; 79 FR 77849, Dec. 29, 2014]