FEDER/\l El.[CTION CO,\\,\\ISSION

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II. Findinqs and Recommendntion

REPORT OF THE 'AUDIT DIVISION

ON

BALTASAR QUI~ONES ELIAS

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I. Background

A. Overview

This report is based upon a review of the cam~aign

activity by Mr. Baltasar Quinones Elias undertaken by the Audit

Division of the Federal Election Co~mission in accordance with

the COI:"lmission's audit pol icy to determine \'1hether there has been

cOMpliance with the provisions of the Federal Election Campaig. Act of 1971, as amended (lithe Act"). The revie\'1 \'/as conducted

pursuant ,to Section 43S(a)(8) of Title 2, United States Code,

which directs the Commission to make from time to time audits

and field investigations \'lith respect. to reports and statements

filed uncert'he provisions of the Act.

Mr. Quinones Elias was a candidate for election to the

office of Resident Commissioner to the U.S. House of Re~resentatives

from Puerto Rico. T~e Candidate maintained his residence in

Aguadilla, Puerto Rico.

This report is based on documents and working papers. which su~~ort each of the factual statements. They form p'art

of the r~cord unon khich the Commission based its decisions ~n the matters in ~his report and were available to Commisiioners

and appropriate staff for review.

Section 431(b) of Title 2, United States Code, in cart

defines a candidate as an individual who seeks nominati6n ~or

election, or election~ to Federal .office. Sectfon 431(c) of

Title 2. l'nited States rode, defines "Federal office" to include

the office of Resident Commissionpr. Section a32(e)(1) of

Title 2, l!nited States Code requires a candidate to designate a

politica1 committee to serve as his nrincinal campaign committee

and Section 437b(a)(1) of Title 2, United States CoMe requires

a candi~Jte to designate one or More national or State banks as

his cJ~paign depositories."

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In part, Section 101.2 of the Commission's Regulations rQquire5 a candid~te to file a "Statement of Candidate for

Nomination or Election to Federal Office" (FEC Form 2) and

Section 434(a) of Title 2, United States Code, rQquires the

candidate to file periodic reports of receipts and expenditures with the Commission.

On August 22, 1977,=the CommissionadvisedMr'~ Quinones Elias

of his random selection for audit and requested information as

to the status of his campaign activity, since the Commission

records indicated that no reports were filed. On October 17,1977

a telegram was sent to him again requesting this information.

On October 18, 1977, Mr. Quinones Elias.responded to the

Commission advising that his expenses "scarcely reached 5100. 11

He stated that he had no committee and his only expenses were

for gasoline used in his automobile. This letter was placed

on the public record (copy attached)~-

On November 17, 1977~ the audit staff contacted_Mr. ,Quinones -Elias to di~cuss his campaign. In response to questions he

reaffirmed the above information and offered the following additional information:

1. He did not raise any funds through contributions oi other sources.

2. He received no financial assistance from the

Independence Party on whose ticket he sought the election.

3. All expenses were from his personal funds. ,

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4. He maintained no records of his campaign activity

or expenses. ,

On November 18, 1977. the Audit staff visited the offices

ofthe" Trib una 1 E1ec to,·.l 1" \'1 hi chi s Pue r toRi COl S E1ec t fo n Com~ission and reviewed notarized reports filed by ~r. Q~inones Elias fo~ the period January 1, 1976 through September 2. 1976

which disclosed that the candidate received no contributions

and made no expenditures.

Recommendation

A1tho 1I gh the abo ve fa ctsindi cat e a dis reg a I" d f 0 I~ the _. disclosure r~quirements· of the Act, it is the opinion of the

Audit staff that the candidate information and financial activity.

not disclosed on a timely basis, did not result in material " non-compliance with the Act. Therefore, it is the recommendation

of the Audit staff that the lette,' filed by th·. Quinones Elias

be accepted as his Statement of Candidate for Nomination or

Election to Federal Office c1nd his I~eport; and, tiHltllO further

action be "taken in this matter. . _. . -

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