999 E Street NW Washington DC 20463

FEDERAL ELECTION COMMISSION

Volume 12, Numbe

continued on 

TABLE OF CONTENTS

REPORTS

1 December Reports Due

2 North Carolina Special Elections

3 ADvmORY OPINIONS

COMPLIANCE

6 Nonfilers

COURT CASES

6 Spannaus v. FEe

7 Antosh v. FEG (Fourth Suit)

7 New Litigation

CLEARINGHOUSE

7 Clearinghouse Panel Meets

STATISTICS

8 1985-86 Congressional Activity

10 INDEX

REGULATIONS

II Loans and Presidential Activity:

Comment Deadline Extended

WHERE REPORTS ARE FILED

Committees must file all reports and s

ments simultaneously with the appropriate fe

and state officials. 11 CF R 108.5.

If sent by registered or certified mail, 

post-general election report must be postma

no later than December 4. Note that all P

and party committees must file this re

regardless of their election activity.

Post-General Election Report: Monthly Filers

In lieu of the November monthly re

otherwise due in December, monthly filers 

file a post-general election report, due 

December 4. (See reporting requirements abo

Filing with the Federal Government

o The principal campaign committees of H

candidates and committees suppor ting or 

posing only House candidates file with 

Clerk of the House, Office of Records 

Registration, 1036 Longworth House O

Building, Washington, D.C. 20515. 11 

104.4(c)(3) and 105.1.

x

x

x

Post-General Report

(December 4)

PAC/Party Committees:

Quarterly Filers

PAC/Party Committees:

Monthly Filers* *

1986 Congressional

Candidate Committees

Active in the General

Election

DECEMBER REPORTING SCHEDULE

The political committees listed in the chart

below are required to file a post-general election

repor-t in December.* (Note that, following the

post-election report, the next report required of

all political com mittees will be the year-end

report, due January 31, 1987.) To obtain more

information, contact the Information Services

Division, 999 E Street, N.W., Washington, D.C.

20463; or call 202/376-3120 or toll free 800/424-

9530.

*Note that information concerning the pregeneral election report was published in the

September issue of the Record.

"'*PACs and party committees that file on a

monthly schedule file the post-general election

report in lieu of the November monthly report,

otherwise due by December 20.

October 1986

Post-General Election Reports: Quarterly Filers

The post-general election report is due

December 4 and must cover activity from the

close of books of the last report filed, or the date

of registration (whichever is later), through

November 24, 1986. Committees that filed a

statement of last-minute activity not disclosed on

the pre-general election report (i.e., contributions

received or independent expenditures made just

before the general election) must disclose this

activity on the post-general election report.

Type of Filer
2

The Record is published by the Federal Election Commission, 999 E Street, N.W., Washington,

D.C. 20463. Commissioners are: Joan D. Aikens, Chairman] John Warren McGarry, Vice Chairman;

Lee Ann Elliott; Danny Lee McDonald; Thomas E. Harris; Thomas J. Josefiak; Jo-Anne L. Coe,

Secretary of the Senate, Ex Officio; Benjamin J. Guthrie, Clerk of the House of Representatives,

Ex Officio. For more information, c811202/376-3120 or toll-free 800/424-9530.

FEDERAL ELECTION COfVlMISSIOI\J

Filing

Date

\blume 12, Numm 1

*A pre-election report is required only 

activity has not been previously disclosed. 11 CFR

104.5(c)(1)(iu,

* *Committees should use this date or the dat

of candidate status, whichever is later.

These contributions must be reported within 4

hours of their receipt.

If a candidate involved in both a special elec

tion and the regular general election has no

authorized a separate committee for the specia

election, the candidate's committee may file on

pre-election report and one post-election repor

covering activity for both elections. Th

committee should clearly indicate on each repor

that it covers activity for both elections. (I

however, a candidate has authorized a separat

committee for a special election, this committe

must file separate reports of its activity.)

All other political com mittees which supper

candidates in these special elections (excep

monthly filers) must also follow the special elec

tions reporting schedule.* Monthly filers file pre

and past-general election reports in lieu o

November and December monthly reports.

The FEC will send notices on reportin

requirements and filing dates to individuals know

to be actively pursuing election to these seats. A

other committees supporting candidates in th

special elections should contact the Commissio

for forms and more information on require

reports. Call 2021376-3120 or, toll free, 800/424

9530.

October

Quarterly 7/1 **-9/30 10/15/86 10/15/8

Pre-election 10/1-10/15 10/20/86 10/23/8

Post-elec tion 10/16-11/24 12/ 4/86 12/4/86

Period Mailing

Report Covered Date

Reporting Schedule

For North Carolina Special Elections

Cctaoor 1986

Filing with State Governments

o The principal campaign committees of Congressional candidates must file a copy of every

report and statement with the Secretary of

State or the appropriate elections official of

the state in which the candidate seeks federal

office. 11 CFR 108.3.

o PACs and party committees making contributions or expenditures in connection with House

and Senate races file in the state in which the

candidate seeks election. The law requires a

copy only of that portion of the report applicable to the candldatets) being supported.

o The principal campaign committees of Senate

candidates and committees supporting or opposing only Senate candidates file with the

Secretary of the Senate, Senate Public Records,

Hart Senate Office Building, Room 232, Washington, D.C. 20510. 11 CPR 104.4(c)(2) and

105.2.

o All other committees file with the Federal

Election Commission, 999 E Street, N.W.,

Washington, D.C. 20463. 11 CFR 105.3 and

105.4.

NORTH CAROLINA SPECIAL ELECTIONS

On November 4, the date of the general

election, North Carolina will also hold two special

elections. One special election* will be held to

fill the remainder of deceased Senator John East's

term, which expires on January 3, 1987. A second

special election will be held in North Carolina's

10th Congressional District to fill the remainder

of Rep. James Broyhill's term, which also expires

on January 3. (Rep. Broyhill vacated his House

seat when 'Governor Martin appointed him to

serve in the late Senator East's post until the

office could be filled through a special electicn.)

Political committees authorized by candidates who are participating in either special election must file pre- and post-election reports for

the election. (See the reporting schedule below.)

Note that candidate committees must report lastminute contributions of $1,000 or more received

between two and 20 days before either election.

*The Democratic Senatorial Campaign Committee has requested an opinion concerning candidates rWl11ing simultaneously in the special and

regular elections for the Senate seat. For a swnmary of AOR 1986-31, see page 3.
· O:::toter 1986 FEDERAL ELECTION COMtJlISSION \bIume 12, Numoo-1

ADVISORY OPINION REQUESTS

The following chart lists recent requests for

advisory opinions (AORs). The fun text of each

AOR is available to the public in the Commission's Office of Public Records.

AOR Subject

1986-31 Contribution and party spending limits

applicable to candidate running simultaneously in special and regular elections

for Senate seat. (Date made public:

August 20, 1986; Length: 13 pages)

1986-32 Amendment of PAC's by-laws to permit

contributor refunds and reimbursement

of administrative expenses to parent

organization. (Date made publics

August 29, 1986; Length: 3 pages, plus

s-page supplement)

1986-33 Campaign despository shared by three

affiliated PAos. (Date made public:

September 4, 1986; Length: 2 pages, plus

5-page supplement)

1986-34 Control and operation of insolvent bank's

PAC by federally chartered corporation.

(Date made public: September 4, 1986;

Length: 3 pages, plus 23-pagc sup~

plement)

1986-35 Free broadcast time offered by t.v.

station to Congressional candidates.

(Date made public: Septemberl5, 1986;

Length: 1 page, plus 2-page supplement)

ADVISORY OPINIONS: SUMMARIES

An Advisory Opinion (AO) issued by the Commission provides guidance with regard to the

specific situation described in the AOR. Any

qualified person who has requested an AO and

acts in accordance with the opinion will not be

subject to any sanctions under the Act. Other

persons may rely on the opinion if they are

involved in a specific activity which is indistinguishable in all material aspects from the activity

discussed in the AO. Those seeking guidance for

their own activity, however, should consult the

full text of an AO and not rely only on the

summary given here.

3

AO 1986-23: 1'rade Association's Game Sold

to Congressional Offiees

at Discount Rate

The National Association of Manufacturer

(NAM), an incorporated trade association, ma

offer a discount rate to Congressional offices tha

purchase a computerized game which simulates 

Congressman's first term and reelec tion cam

paign. (The game was developed jointly by NA

and Claremont College.) Since the purpose of th

game is to educate players rather than t

influence federal elections, the discount rate wi

not result in prohibited corporate contribution

from NAM to Congressional purchasers, provided

o The game is not altered to convey a partisan o

electioneering message; and

o The game is made available to all feder

candidates on a nondiscriminatory basis, that i

the same discount rate is offered to incum

bents, challengers and candidates in open sea

races.

(Date issued: August 15, 1986; Length: 5 pages)

AO 1986-24: PAC Contributions by

Testamentary Bequest

Political Action for Candidate Election (PACE

the separate segregated fund of the Nation

Association of Social Workers (NASW), ma

accept a bequest of approximately $70,000 to b

distributed to its general account in annu

increments of $5,000. The bequest was containe

in the will of a deceased member of NASW. Sinc

the deceased member's estate is considered h

alter ego for purposes of making contributions t

PACE, the estate is subject to the same con

tribution limits and prohibitions that the memb

would have been. This means that the estate ma

contribute no more than $5,000 of the bequest t

PACE each year.

Since PACE plans to handle the beque

according to the procedures approved by th

Commission in Advisory Opinion 1983-13,* PAC

may establish a special interest-bearing escro

account for the purpose of holding the balance o

the bequest and distributing it to PACE's gener

account in annual increments, provided:

o PACE does not pledge, assign or otherwi

obligate funds in the escrow account 

augment other PACE or NASW funds; and

o P ACE follows the reporting procedure

described in AO 1983-13.

The Commission cautioned that i

conclusions in this opinion applied only to th

specific issues raised in the request, namel

contributions made by specific testamentar

bequest and distributed through the decedent

estate.

continue

'*AO 1983-13 was summarized on page 3 of th

November 1983 Record.
Octoter 1986 FEDERAL ELECTION COMMISSION 'vbIume 12, Numm

The Com mission noted that, since PACE had

not asked for an opinion on other permissible

methods of handling the bequest, the agency had

not addressed such methods. Commissioners

Thomas E. Harris and Thomas J. Josefiak filed

separate dissents. (Date issued: August 15, 198B;

Length: 8 pages, including dissents)

AO 1986-25: Corporation's Use of FEC

Contributor Information

Under a provision of the election law restricting

the sale or commercial use of Information contained in FEC reports, Public Data Access (PDA),

a for-profit corporation, is prohibited from copying and selling lists of contribution information

derived from FEC reports. PDA might, however,

use FEe contributor information in its computer

data base for conducting join t research projects

with nonprofit organizations, provided this

research did not involve the sale or use of the

information for the purpose of soliciting contributions or for other commercial purposes. The

Com mission noted, however, that it had not

approved a specific research project because PDA

had not described one in its advisory opinion

request.

PDA's Proposed Use of FEC Information

PDA gleaned contributor information from

the reports filed by 1983-84 Congressional candidate com mittees to compile 1,135 separate list

packages, which categorize individual contributors by Congressional district and by employer.* (PDA planned to make the material available

in book form as well.) Although the lists omit the

street addresses of contributors, they include the

other contributor information available from FEC

reports: the contributor's name, city and zip code

and the amount of his/her corrtributtonts),

PDA states that its purpose in marketing the

lists would be to promote knowledge of, and

research into, patterns of political giving.

Consequently, PDA would include a warning

against com mercial use of the information on

each page of the lists. Moreover, the lists would

be sold at prices that allowed recovery of PDA's

investment costs but that were affordable to

nonprofit corporations.

Commission Interpretation: Use Prohibited

To protect contributors from being

victimized by list brokering, the Act and FEC

Regulations specifically prohibit contributor

information contained in FEC reports from being

sold or" used for commercial purposes. 2 U.S.C.

$438(a)(4) and 11 CFR 104.15(c); AOs 1981-5 and

·The information foT' the 1983-84 cycle is not

currentiy available from the FEe, due to recent

cuts in operations.

4

1981-38. This prohibition does not, however, 

hibit the publication of contributor informatio

newspapers, magazines, books, editorials, c

mentaries and other similar communications, 

vided the information is merely incident 

the sale of the publicatlons,

Despite PDA's statements concerning 

research purpose of the lists and its intentio

include a warning against commercial use of 

information, the Commission viewed PDAls 

keting plan as a prohibited commercial us

FEC contributor information for the follo

reasons:

o The lists would have a commercial value. E

though they omit street addresses, the lists 

formatted in a way that is essentially indi

guishable from those marketed by list bro

for solicitations and commercial purposes.

o PDA's use of contributor information would 

be merely incident to its sales but would be 

primary focus of PDA's activities.

o Even though PDA states that the prim

market for the lists would be researchers 

journalists, PDA would nevertheless sell 

lists to "all who wish to buy them,"

o Since PDA is a for-profit corporation, sale

its lists would presumably be made for c

mercial purposes. (This presumption is 

negated by PDNs statement that it planne

sell the lists at or near eost.)

(Date issued: August 15, 1986; Length: 5 page

AO 1986-26: Presidential Candidate

Appearances at Convention

The Commission cannot give advance approv

the National Conservative Foundation's (the F

dation's) proposed method for financing a Nat

Conservative Convention because the Fou

tion's advisory opinion request lacked suffic

details on the convention. Under the Act and 

Regulations, the Commission may not issue a

sory opinions on hypothetical situations. Se

CFR 1l2.1(b) and (c).

The Foundation is a nonprofit corpor

which has been established to sponsor p

forums on domestic and foreign policy issue

plans to conduct a national convention open to 

general public for the purpose of adopting p

positions and a set of "conservative" princi

The Foundation noted in its advisory op

request that funding for its proposed conve

might come from sources which are prohi

under the Act, such as government contrac

corporations, foreign nationals and the Found

itself. See 2 U.S.C. §~44lbj c and e. Fur

more, by the time of the convention in 1987, s

of the par-ticipants might be potential or qual

1988 Presidential candidates. The Found

stated, however, that during the convention

contributions would be solicited to the candid

campaigns; their candidacies would not 
· OCtooor 1986 FEDERAL ELECTION COMrvllSSION \k)Jume 12, NumtBr 1

expressly advocated; and the convention program

would not be structured to promote one candidate

over another.

The Commission concluded that:

o The request lacked sufficient facts for the

agency to determine that the candidates'

appearances at the eovention would not be

campaign-related activities subject to the Act.

The Com mission decided in several previous

advisory opinions that the absence of express

advocacy or solicitations at an event did not

preclude the agency from determining in particular circumstances that a candidate's appearance was campaign-related. See, for example,

AOs 1980-22, 1982-15 and 19B4-l3.

o The Foundation's proposed convention would not

qualify as a nonpartisan activity (for example, a

voter guide or a registration drive) directed to

the general public. (See the Commission's regulations at 11 CPR 114.4(b)(5) and (c». Similarly, as planned, the convention would not be

structured as a "candidate debate," an activity

which, under the Begulatlons, may be conducted by qualified organizations that do not

support, endorse or oppose political candidates

or parties (i.e., 50 l{c){3) or (c)(4) organizations).

11 CF R 11D.13{a) and 114.4{e).

The Commission did not express an opinion on

the Foundation's eligilibity for tax-exempt status

under the Internal Revenue Code or on other tax

issues because they are beyond its jurisdiction.

(Date issued. August 21, HJ86; Lengths 6 pages)

AO 1986-27 Consolidated Report Filed by Union's

Federal and Nonfederal PACs with

State Elections Office

The separate segregated fund of Teamsters Local

959, Alaska Labor Independent Voters Education

(A.L.l.V.E.), may not be required to file a consolidated report (covering all the transactions of both

its federal and state committees) with the Alaska

Public Offices Commission (the Alaska Commission). Alaska state law requires a report that

would cover activity of both A.L.l.V.E.'s federal

account registered with the FEC (A,L.l.V.E. Voluntary) and its nanfederal account registered with

the Alaska Commission (A.L.I.V.E. Regular). The

Federal Election Campaign Act (the Act) preempts the filing of a consolidated report because

Alaska's requirements for reporting and itemization exceed the disclosure requirements of the

Act. 2 U.S.C. S4.53; 11 CFR I08.7(b). A.L.I.V.E.

may, however, file the consolidated report as a

matter of administrative convenience. 11 CFR

104..3{a){4)(i).

The Act does not, however, preempt the

Alaska Commission from requiring A.L.I.V.E.

Regular to report, in accordance with state law:

1) the original source of fundraising proceeds

transferred from the federal account to the

5

nonfederal account and 2) any rundraistn

expenses allocable to the nonfederal account.

The Alaska Commission's Consolidated

Reporting Requirement

The federal account conducts raffle fund

raisers each year for both accounts and subse

quently transfers a portion of the fundraising pro

ceeds to the nonfederal account. These tran

actions have been properly reported by bot

accounts with their respeetive filing offices. Th

Alaska Commission requires a consolidated repo

because it believes that, in conducting the fund

raisers, the federal account has acted as th

fundraising arm of the nonfederal account.

While A.L.I.V.E. may not be required to fil

the consolidated report, the Act does not prohib

it from doing so. Even though a consolidate

report might include both treasury monies from

Teamsters Local 959 and contributions to Feder

candidates, the consolidation of this informatio

for state reporting purposes would not violate th

Act, provided A.L.I.V.E.:

o Maintained the federal account as a separat

political committee (11 CFR 102.5(a)); and

o Made contributions to federal candidates onl

from the federal account.

The consolidated report would not affect th

federal account's registration or organization o

its other requirements as a separate federal com

mittee under the Act. If A.L.1.V.E. decides to fi

a consolidated report with the Alaska Commi

sion, hOwever, it must nevertheless file, unde

the Act, a separate report of the federa

account's activity with the appropriate state off

cial. 11 CFR 108.3. Commissioner Thomas E

Harris filed a dissent. (Date issued: August 2

1986; Length: 6 pages, including dissent)

AO 1986-30: Candidates' Expenses for

Houseboat Tour Reimbursed to

Corporate Sponsors

Congressman David Martin, along with other fed

eral and state officeholders in New York, plans t

participate in a houseboat tour of the state

waterways, which is designed to promote both th

officeholders' reelection efforts and state tou

ism. The corporations which own and operate th

houseboat do not plan to charge the officeholde

any rental or operation fees.

Under FEe Regulations, the travel expense

associated with the tour constitute reportab

campaign expenditures, which must be reimburse

in a commercially reasonable time. 11 CPR 106.

114.9{e){2). These travel expenses must be allo

cated among the federal candidates in proportio

to the benefit each candidate expects to deriv

from the tour. 11 CFR 106.1(8). Accordingly, 

addition to reimbursing the houseboat's manufa

turer and the manufacturer's sales representativ

continue
Octoter1986 FEDERAL ELECTION COMMISSION Volume 12, Numte

for David Martin's share of the houseboat's maintenance and operating costs during the tour, Congressman Martinis reelection campaign must also

reimburse the corporations for his share of: 1) the

ususal and normal rental fees for using the boat

and 2) the fee for the pilot's services.

The procedures for reporting Congressman

Martinis travel expenses will depend on how the

candidates decide to allocate the expenses.

a if each candidate pays his or her share of the

travel expenses, Mr. Martin's campaign must

report his share of the expenses as an operating

expenditure. 11 CFR l04.3(b)(2) and (4). ..

o If Congressman Martin also pays the expenses

of other federal candidates participating in the

tour, his campaign should report the additional

payments as in-kind contributions to the candidates' campaigns. The recipient campaigns, in

turn, would report the payments as both contributions and expenditures. 11 CFR l06.1(b);

104.3(b)(2) and (4); 104.13(a).

o Finally, if Congressman Martin's campaign pays

the travel expenses allocable to state and local

officeholders, the payments must be reported

by his campaign as either: 1) other disbursements or 2) operating expenditures, if the payments are made to influence Congressman

Martin's reelection. 11 CFR l04.3(b)(2) and (4).

(Date issued: August 21, 1986; Length: 3 pages)

FEe PUBLISHES NQNFILERS

During August and September, the

Commission published the names of House and

Senate campaigns that had Jailed to file preelection reports for Congressional elections held

in September.

On August 29, 1986, the Commission

published the names of two House campaigns (one

in Georgia aod one in Florida) that had failed to

file pre-election reports for Congressional primaries held on September 2.

On September 5, the Commission published

the names of two Maryland House campaigns,

three New York campaigns (two House and one

Senate) and a Rhode Island House campaign that

had failed to file their respective pre-election

reports for primary elections held in those states

on September 9.

The election law requires the agency to

publish the names of nonfiling candidates. Compliance actions against nonf'ilers are decided on a

case-by-case basis. The law gives the Commission

broad authority to initiate enforcement actions

resulting from infractions of the law, including

civil enforcement and imposition of civil penalties.

6

SPANNAUS v; FEe

On August 26, 1986, the U.S. District C

for the Southern District of New York granted 

FEC's motion for summary judgment in S ann

v. FEC (Civil Action No. 85-Civ-{)404(LLS • 

Court dismissed plaintiffs' suit with prejudice

held that Lyndon LaRouche's campaign commi

for his 1984 Presidential primary and the c

paign's treasurer, Edward W. Spannaus, 

"failed to make even a preliminary showing of 

faith on the part of the Commission [in 

ducting investigations of the campaign's poten

violations of the election law] or to allege f

sufficient to show an infringement of their F

Amendment rights.•••"

Background

In a suit filed with the district court 

January 16, 1985, plaintiffs asked the cour

make the following declarations:

a FEC investigations of the LaRouche Campai

1984 campaign activities were "motivated s

ly by bad Iaith" and were "an abuse of proce

in violation of federal laws and the 

Constitution.

o The FEC was "selectively and discriminato

enforcing the election laws resulting in vi

tion of the plaintiffs' rights of equal pro

tion."

a In seeking information from contributors to 

LaRouche Cam paign concerning certain cr

card contributions, the FEe had abridged F

Amendment rights by creating a chilling ef

on: 1) the contributors' participation in 

electoral process and 2) The LaRouche C

paign's ability to recruit volunteers.

o The FEC had violated the confidentiality pr

sions of the federal election laws.

District Court's Ruling

The court affirmed the FEC's claim tha

initiating investigations against The LaRou

Campaign, the agency had followed proced

established by the Federal Election Campaign 

and FEC Regulations and had undertaken e

investigation "Ior legitimate purposes." Altho

plaintiffs asserted that the FEG had failed 

respond to The LaRouche Campaign's inqu

concerning the agency's investigations into 

campaign's activities, the court noted 

plaintiffs had "failed to make even a prelimi

showing of bad faith and accordingly are 

entitled to discovery into the FEC's motives 

activitles,"

With regard to alleged discrimina

enforcement of the election law, the court 
Octooor1986 FEDERAL ELECTION COMMISSION \k)lume 12, NumOOr" 1

that "plaintiffs have not alleged facts demonstrating unequal treatment under the Act."

Similarly, the court found no merit to

plaintiffs' claim that their First Amendment

rights had been abridged. The court concluded

that "to the extent that the ComIn isslon's investigation has 'chilled' any volunteer activities on

the part of contributors•••that chill does not under

the circumstances rise to a constitutional claim."

ANTOSH v; FEC (Fourth Suit)

On August 13, 1986, the U.S. Court of

Appeals for the District of Columbia Circuit

granted 'I1r. James E. Antosh's motion to dismiss

his appeal of an April 1985 decision handed down

by the U.S. District Court for the District of

Columbia in Antosh v. FEC (Civil Action No. 85-

2036). For a summary of the district court's decision, see page Bof the June 1986 Record.

NEW LmGATION

National Rifle Association of America.

"Y. FEC (Second Suit)

Pursuant to 2 U.S.C. §437g(a}(8), the National

Rifle Association of America (NRA), an

incorporated membership organization, asks the

district court to review the FEC's decision dismissing an administrative complaint NRA had

filed with the Commission against another

incorporated membership organization, Handgun

Control, Inc. (HCI). In the complaint, NRA

alleged, among other things, that HCI violated

section 441b(b)(4)(A)(i) of the election law by

soliciting contributions to its separate segregated

fund from individuals who were not HCl members." NRA therefore asks the court to:

o Declare that the FEC's dismissal of NRA1s complaint against HeI for this violation was contrary to law; and

o Issue an order directing the FEC to initiate

enforcement proceedings against HCI within 30

days of the order.

U.S. District Court for the District of

Columbia, Civil Action No. 86-2285, August 19,

1986.

FEe Y. Louis Roeha, Jr.

On March 31, 1986, the Commission entered

into a conciliation agreement with Louis Rocha,

Jr., in which Mr. Rocha agreed to pay a $3,000

civil penalty for knowingly accepting contributions made by one person in the name of another

"'An incorporated membership organizanon

may only solicit contributions to its separate

segregated fW1d from its noncorporate members,

its own executive and administrative personnel

and the families of both.

7

person. See 2 U.S.C. §441f. Although Mr. Rocha

agreed to pay the penalty in 12 equal monthly

installments, he has not yet paid any portion o

the penalty.

The FEC therefore asks the court to:

o Declare that Mr. Rocha violated the terms o

the conciliation agreement;

o Order him to comply with these terms;

o Assess a $5,000 civil penalty against him fo

violating the agreement; and

o Permanently enjoin Mr. Rocha from furthe

violations of the election law.

D.S. District Court for the Middle District o

Florida, Civil Action No. 86-1203-CIV-T-IOC

August 20, 1986.

FEC CLEARINGHOUSE PANELS MEET

IN WASHINGTON

On September 22 and 23, 19%, two panels o

the FECIS N' ational Clearinghouse on Electio

Administration met in Washington: the Clearing

house's Advisory Panel and its Advisory Commit

tee on Voting System Standards. (The panels ar

composed of state and local election officials

some of whom serve on both panels.)

In joint sessions held during the two-day

meeting, the panels! members discussed severa

topics:

o The Clearinghouse'S current and projecte

aetivities.

o The Voting System Standards Project mandate

by Congress. The Clearinghouse director pre-

sented a proposed plan to implement voluntary

standards for voting equipment.

o Proposed software standards for voting equip

ment.

o The Voter Accessibility for Elderly and Handi

capped Act (Pub. L. 98-435). Discussion focuse

on the current status of making polling place

accessible to handicapped and elderly indivi

duals.

o Recent case law pertaining to federal and stat

elections.

o Significant election legislation, including law

for regional primaries and the Uniform an

Overseas Citzens Absentee Voting Act.

a A general model for a computerized electio

management system.

o Computer security in elections.

o Development of regulations to govern direc

electronic voting systems.

a Management guidelines for election administra

tors.
Q:;!oOOr 1986 FEDERAL ELECTION COMMI&SION \bIume 12, Numo

8

\--~---JO%

~~--~2%

--~---8%

'-----~----l%

L..--------6%

HOUSE CANDIDATES

r-~--------53%

... Individual Contributions

PAC Contributions'"

_ Candidate Contributions

m;.-M Candidate Loans

Other Loans

..Other Receipts'" '"

counterparts during the previous election c

Total political action committee {PAC} 

tributions to 1986 Congressional candidates {

million} Increased 29 percent over the PAC 

tributions to 1984 candidates ($50.7 million).

Charts I and II below depict the receip

1986 House and Senate candidates by source.

More detailed information on 19

Congressional campaign activity may be obt

from the FEC's August 17, 1986, press rel

The release provides comparative informatio

past election cycles. It also lists the "top 50" 

candidates who reported the most campaign 

ance activity in various categories, for exam

the top 50 PAC recipients and the top 50 

raisers. Contact the FEC's Public Records O

Call: 376-3140 locally or, toll free, 800/424-9

\--~--19%

_----l,5%

-----5%

~~-~---63%

<-------1%

'------~--10%

ACTIVITY OF 1985-86 CONGRESSIONAL

CAMPAIGNS INCREASES

By the end of June, with just over half of the

1986 primaries completed, House and Senate candidates had spent $192 million on their campaigns, • 0

an 18 percent Increase over spending by Congressional candidates during the same IS-month

period in the 1983-84 election cycle.

From January 1985 through June 1986, House

and Senate candidates raised $262 million, a 23

percent increase over fundraislng by their

"PAC contributions include contributions from other candidate committees and from any o

political commlttees that are not part of national or state party organizations.

*·Other receipts include, for example, party committee contributions, interest and dividends ea

on investments. and offsets to expenditures.

RECEIPTS OF

HOUSE AND SENATE CANDIDATES, 1/8S-M8S

SENATE CANDIDATES
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Cdoter 1986 FEDERAL ELECTION COMMISSION \blume 12, Numt

This cumulative index lists

advisory opinions, court cases and

800 Line articles published in the

Record during 1986. The first number

in the citation refers to the "number"

(month) of the Record issue; the

second number, following the colon,

indicates the page number in that

issue.

OP000NS

1985-26: Corporation's distribution

of employee's politlcal message,

1:1

1985-31: Affiliation between insurance corporation and agencies

for purposes of PAC solicitations, 2:2

1985-32: Proceeds of reception beyond Act's purview, 1:7

1985-33: Personal loans to candidate for campaign, 1:7

1985-34: Nonconnected PAC's use

of proceeds from Ufe insurance

policy, 1:8

1985-35: SolicitabiIity of corporate

board members, 1:8

1985-37: Affiliation of local Chambers of Commerce with State

Chamber, 3:1

1985-38: Committee established by

candidate for state and local

candidates, 3:2

1985-39: Bank ad in political journal, 2:2

1985-40: PAC's spending for Presidential testing-the-waters activities, 3:2

1985-41: Contribution for general

election accepted prior to primary, 2:3

1985-42: Campaign funds used to

pay candidate's rent, 3:4

1988-1: Vendor's offer to provide

free tickets to committee, 4:6

1986-2: Candidate's sales

campaign, 4:6

1986-4: Corporation's program to

encourage employee contributions, 4:6

1986-5: Eltcess campaign funds

transferred from candidate's

federal to local committee, 4:7

1986-6: PAC established by Vice

President for party building and

candidate sUPDOrt, 5:2

1986-7: Cooperative PAC's shareholder sollcitation program, 4:7

1986-8: 1982 contributions refunded by candidate's 1986 campaign,

6:7

1986-9: Candidate's use of 1986

campaign funds to reimburse

himself for legal expenses, 6:7

1986-11: Act's preemption of state

election law, 6:8

1986-12: Excess campaign funds

transferred to 1986 exploratory

committee, 7:1

1986-131 PAC expenses financed by

trade association's corporate

members, 7:2

1986-14: Proceeds from sale of

committee's campaign van, 6:8

1986-17: State party convention

not election; general election

contributions spent before primarY', 8:4

1986-18: Maintaining campaign

funds in cash management a(!-

count, 8:5

1986-19: Limits for unoppposed

candidates in states with no primaries, 9:1

1986-20: Promotion item prepared

and distributed by campaign, 8:5

1986-21: Pre-election reporting requirement for unopposed primary

candidate, 8:6

1986-22: Rebates offered by t.v.

station to candidates, 9: 1

1986-28: Candidate's resldence

used for campaign, 9:4

800 LINE

Candidate use of loans and personal assets, 7:5

Designating a principal campaign

committee, 3:5

Local and state officeholders become federal candidates, 7:4

Transfer of candidate funds from

state to federal committee, 1:8

Using information in FEC reports,

7:3

10

COURT CASES

Ameritrust Co, National Asso

FEe, 9:8

Antosh v, FEC, 3:8; 6:8; 9:5

Common Cause v, FEC (T

Suit), 8:6j Fourth Suit, 8:8, 9

Democratic Congressional C

paign Committee v, FEC, 9:7

John Glenn Presidential Com

tee, Inc. v; FEC, 8:8

Alwin E. Hopfmann v, FEC, 

6:9

FEC v, American International 

mographic Services, Inc., 4:8

FEC v, Beatty for Congress C

mittee,6:9

FEC v, Californians for Demo

tic Representation, 3:8

FEC v, Campaign Resource T

nologies, tnc., 9:1

FEC v, Jimmy Carter Comm

for a Greater A~erlca, 6:10; 

FEC v. Citizens Party, 3:8

FEC v, Dramesi for Congress, 

9:6

FEC v; Eldredge, 1:10

FEC v, Haley, 1:11

FEC v, Maggin for Congress, 5:

FEC v, MAPAC, 1:10

FEC v, National congress

Club, 7:7

FEC v, NCPAC (Third SUit), 7:6

FEC v, New Republican Vic

Fund, 6:10; 8:7

FEC v, NRA, 1:11

FEC v, Pryor for Congress C

mittee,5:5

FEC v, Re-Elect Hollenbeck 

Congress Committee, 8:7

FEC v, Rhoads for Congress C

mit tee. 6:9

FEC v, Rodriguez, 7:8

FEC v, Sailors' Union of the P

fic Fund, 2:3

FEC v, Walsh for Congress, 9:7

FEC v, Wolfson, 4:8

FEC v, 1984 Victory Fund {Se

Suit),6:10

Gramm v, FEC; FEC v, Gra

1:]0

Orloski v, FEC, 9:5
CktotEr1986 FEDERAL ELECTION COMMISSION Volume 12, Numt.er 1

II

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Assistants Association

Washington, D.C.

Chairman Joan D. Aikens

The American University

Washington, D.C.

Ian Stir-ton, Public Affairs

Specialist

Michael Dickerson, Chief

of Public Records

The American University

Washington, D.C.

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Specialist

Michael Dickerson, Chief

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DEADLINE EXTENDED FOIt COMMENTS ON

BANK LOAN AND PUBLIC FINANCING RULES

The Com mission has extended the deadline

for submitting comments on proposed revisions to

its regulations governing bank loans and the

administration of the public financing program for

Presidential primary and general election candidates.* (See FEC Regulations at Parts 100, 106,

9001 through 9007 and 9031 through 9039.) Written comments on the proposed revisions should be

submitted to Ms. Susan E. Propper, Assistant

General Counsel, by October 20, 1986. For more

information, Ms. Propper may be contacted by

writing the Federal Election Commission, 999 E

Street, N.W., Washington, D.C. 20463 or by

calling 376-5690 or toll-free 800/424-9530.

Copies of the Federal Register notice concerning proposed revisions to those regulations

may be obtained by calling 376-3120 or, toll-free,

8()0/424-9530. (See 51 Fed. Reg. 28154, August 5,

1986.)

*For a summary or the issues, see the August

1986 Record, page 12.
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