., 

• 

THE FEDERAL ELECTION" 

COMMISSION 

1325 K Street N.W., Washington, D.C. 20463 

Volume 3, Number .8 

ADVISORY OPINIONS: SUMMARIES 

With the official promulgation of F EC regulations on 

April 13; the Commission discontinued the practice of 

issuing "Re: AOR's." All responses to requests for advisory 

opinions will be issued in the-form of AdvisorY Opinions. 

Designated as AO's, Advisory Opinions concern the applica· 

tion of the Act to specific factual _situations. Any pen;on 

requesting .an a~vi.sory opinion who: in good faith acts in 

_aCcordance With -the findings of the opiOion will not be 

penalized under the Act. The opinion may also.be relied 

upon by any othei- person involved in a specific transaction. 

which is indistinQuiShable in all inaterial aSpects-from the 

activity discussed in the advisory opinion. 

AO 1977-23: Joint Fundraising · 

Congressman Newton Steers and 10 other Members of Con· 

gress may particiPSte in a joint_fundraising effort conducted 

by the Civic Development Group (COG), a fundraising firm 

authorized by the Members. In the proposed plan for re· 

porting, all contributions and expenditures will be divided 

equally among the 11 Congressmen. Each Member's princi· 

pal campaign committee will report its share of expenditures and contributions. Commission approval of this proposal. was conditioned on' the following additional requirements: 

-- The prindpal campaign .committee of each participating 

Member. must designate the account used by COG for 

the cOllection of contributions as an additiona1 depository on its Statement of Organization. 

- Solicitation materials must clearly indicate the pro rata 

distribution of cOntributions so contributors Will know 

.- how. their: contribution limits are affecte_d with respect 

to each candidate. . . 

-- · The two notices required on. all solicitation materials 

must be modified to identify all fhe participating campaign committees. (See 2 U.S.C. §§ 435, 441d.) 

(Length: 3 pages) 

AO 1977,24: Termination of 1976 campaign 

Committee and Establishment 

of 1978 campaign Committee 

August 19

The Commission regards ·congressman John Duncan's' 19

campaign committee as ~ continuing politiCal- cornmtt~

until it is terminatecl (See 2 U.S.C. ii 433(d)). The comm

. tee may terminate when it no longer has debts or ·obl_i

· tions. Alternatively, the Congressman could designate t

committee as his 1978 principal campaign committee 

amending the committee's 1976 Statement of Organizlfti

Surplus campaign funds from the 1976 <:ommittee may 

transferred to the 1978 campaign committee of the C

grossman. (See ii 110.3(a)(2)(iv).) These transfers are n

subject to the "1978 contribution limitations, as long as th

consist of contributions ·received prior.to the.1976 Qt3rie

election. 

, Contributors who gave up to their limit in 1976 may contr

bute in 1977 to the Congressman's 1978 campaign. Th

contributiOns will count ~gainst the limitation·s-·for t

1978 election. (Length: 2 pages) 

AO 1976-104: Affiliation of Political Committees 

The Good· Government Committee of First Federal Savin

of Miami (the Committee) is an affiliated political comm

tee of the Florida Savings Political Action Commit

(FSPAC). Because the committee gave a substantial port

of'its total:receipts to FSPAC, and the reports of·the t

committees demonstrated similar patterns· Of contributiQr

the 'Commission ·concluded that the- two· committees m

1:\{Vo criteria established in FEC RegulatiOns tO determ

committee "affiliation." (See ii 110.3(a)(1 )(iii).)· The

fore, the Committee and FSPAC are regarded as a sin

committee for contribution· limitation purposes,. a

transfers between the two __ committees are Un!imit

However, each committee· must-file separate reports, 

a related question, the Commission had insuffici~ntinf

mation to determine whether the Committee was affilia

. with the Savings Association Political Electio~s Committ

another political committee. (Length: 4 pages) ' 
~!~g~J!f~~l~AB}l~ COMMENT --

On July:12, 1_977, the FEC'publ(shed a noti~e in the 

Federa(RegiSter recjuesting public comment on the: subject 

·of\sponsorsi)ip and financing qfpublic debates bet\ll(een • _ 

,<c~~.ili~.~t~s: forfed~ral o:ffTc.¢,tor. th~' purpose- of writing._. 

:;n_ew :regul~t(oiis'on :this n:ratier •. The n'otici> alsq announced '· 

that hearings on the same issue will be held in September, . •' '' . 

. Commission e:xamination of this topic stems from its l976 

·decision that: debates between Presidential candidates 

Jimmy Carter and Gerald Ford could. be. sponsored by the 

League .of Women Votersbut that the use of corporate or 

labor organization funds to· help finance the debates.would 

be prohibited by the Federal EleCtion Campaign Act, · 

Th-e_ notice asks for written comments, proposed regulation 

·language and factual material relating to. numerous quos, 

.tions po.sect by. the Commission, indw;iing; . · · . - --

··. · Are--cori'ti"ibutions to finance debates, "m~de for the_ pur-_ 

.. ·pose ofinfluencing" or "in connei:tion with" a Federal 

election? 

- .Does- the. inclusion or exclusion of particular cand_idates 

(for example, independent or third party) have signifi-

. ·. cante· as to the debate's ''influence _on". or '.'cOnnection· 

with'' a Federal election? Are factors such as receipt of 

public financing or ballot. qualification important in 

, determini)1g whether a debate wou.ld liave an "influence 

·_on~'_.·o~.b~- ~~n-conn_e.Ctio.~ with"· a: Feder31 el~ction? · 

-- ·Is the nature (such as non-profit or educational) of the 

.sponsoring organization relevant tci the debate's nin· 

fiUence-on" or "co'nnection with" an election? 

·· _ Und~r,what circum-stances -ai-e-disbUrserrientS-made by a 

·.· C()~po'ratioo,_l_3bor_ org~ilii:at·i~.n or Fed_erai Contractor to 

finance. a debate not conSidered a contribution o·r eXPenditure "in connection with;, 'an eled:ion? - . 

- Who should control the. subject matter or format of the 

debate? 

-- . To what .extent does sponsorship.of debates or contributiOns to their financing by corporations, labor organizations and Fe!'feral contractors affect the debates and/or 

the. ensuing election? 

vvritten comments should be submitted no later than 

September 30, 1977 to the OffiCe of General Counsel, Federal Election Commission;.1325 K Street, N.W ..• Washingt.on, D.C .. 20463. AJ?plicatioris for a:place on the hearing 

agenda.,hould be made rn writing to Commission Chairman 

Thomas E. Harris by August 31, 1977.:. 

lEAG.UE OF WOMEN \tnT<=';,., 

UN.ITED STATES et al. 

On May 12, 1977, the u·.s. Di•istri'P.t 

trictofColumbia denied the Federal Ell>ctiion Commissi

motion to. dismiss the complaint fi\ed by ,the. Leagu

Women-voters; .or'i May 27,:therefore_;;the FEC.tHec

answer to the original· coinpf0int. -For .i• synopsis~of~. 

complaint and the FEC's motion· to dismiss, see 

Record, April 1977, p_ 3 and June 1977, p. 4, resp~ctive

(For further information on the issue of candidate deba

see "Regulations" section, p_ 2 ;) 

FEC Fl LES SUIT AGAINST TWO CANDIDATE

On June 17, ·1977, and June 28, 1977, the FEC 

nounced it had filed· civil suits in-the U.S, District Cour

the District of Maryland and the District of Massachus

respectively, to compel two candidates to comply with 

reporting requirements of the' Federal ·Election Camp

Act. The FEC asked that William Salisbury, candidat

the U.S. Labor Party for the U.S. House of Representati

Maryland, 7th District, and Joseph M. O'Laughlin, lnde

dent candidate for the U.S. Hquse of Representati

Massachusetts, 9th District, be ordered by the Cour

designate a principal ·campaign committee and to file 

tain required reportS (pre- and post-general election)

· additi_OO, the:· Coil) miSsion asked the CoUrts ·_tO asse

penalty of not more than $5,000. against the candid

for "failing ·and refusing to comply ·with the Act.'' Be

filing the suitS, the FEC had sent at least two not

concerning each filing and reporting obligation. 

As of July 1, 1977, 'the FEC had filed a total of 30 

suits in District Courts against candidates who failed to 

reports for the 1976 Federal. election. 

I··· The RECORD is published by the, Federal Election Commission,' 1325. K Street, N.W., WashingiQn, D.C. · 20463

Commissioners ai-e: Thomas E. Harris, Chairman: Joan D. A( kens, Vice-Chairman;- William L. Springer; Neil' Staebler

·Vernon W. Thomson';'Rotim 0. Tiernan; J.S. Kimmitt, Secretary of the Senate, Ex Officio/Edmund L Henshaw, Jr.

Clerk of the House of Represimtatives, Ex Officio. · · · · · · · · · · · · 

For more information, cal/523-4068 or toll free 800-424-9530. .. . . . .. '.. . . . . ' . 

. 2 
• FJ:C CJ:RTIFIJ:S ADDITIONAL PAYMJ:NTS 

On Jun~ 16, 1977, the FEC.certifi~d Federal primary 

matching funds for Presidential qandidate Edmund G. 

Brown. He received $1 ,499.17. This payment raises .to 

$24,789,566.13 the total amount· of matching funds 

certified for 15 Presidential candidates since January 1, 

1976. 

In addition, the Commission certified $631.68 in conven· 

tiori payments to the Democratic National Committee· to 

retire debts outstanding from the 1976 convention. The 

total amount certified to the DNC for. the convention is · 

$2,015,744.67. The Republican National Committee has 

received a total of $1 ,581,664.48. 

FJ:C TJ:STIFiJ:S ON CONGRESSIONAL 

PUBLIC FINANCING 

On July 12, 1977, Commission Chairman Thomas E. 

Harris and Vice'Chairman Joan D. Aikens testified before 

the House Adm'inistration Committee_ on congressional 

public financing legislation. Although the testimony did not . 

cover any' Sp!3cific propOsed legislation, the Commission ex~ 

plained the processes and procedures involved in the 1976 

system. of Presidential public financing and Qave tentative 

cost estimates for providing funds to congressional candi· 

dates under such a system. 

The FEC presented a step-by-step outline of how candi· 

date requests .for Presidential primary matching funds arid 

certification of candillates were handled duri'ng the 1976 

Presidential campaign. The primary goal of the Commission 

in implementing Pi-esidential public financing was to ensure 

public confidence in the proper distribution of public 

funds. ·chairman Harris state<! that in the view ofthe Com· 

mission this goal was met with the help of several effective 

safeguards, which included: 

1. The FEC certification process whereby all requests for 

matChing funds were reviewed prior to certifying payment tothe Treasury. . . 

2. The congressional requirement that the FEC conduct 

post-election audits of all candidates receiving matching 

funds. 

3. The congressional provision that the candidate be per· 

sonally responsible for any repayments required. 

While noting the lack of specific proposed legislation on 

·which to base cost estimates, the FEC discussed two hypo-

. thetical systems of funding (all matching funds after reach· 

ing threshold vs. partial grant plus matching funds) as a 

basis for making tentative projections. The FEC's estimates 

for_ congr~ssional public financing, when combined with 

3 

prior esti"'ate;for Senate public financing, ra~ged betwe

$36 million and $62 million. - · 

Finally, the Commission offered several recommendatio

concerning ttie income tax check-off and payment pro

sions includirlQ: . · · . 

-- A provision changing current law .to require· a one~firl

reduction in payments to candidates in the event 

insuf_ficient funds in the checkoff account .. 

·· A provision requiring the FEG.and the Treasury 

report to the Cong~ess on the status of the accOunt' 

soon as possible after the 1978 election. 

·· A provision requiring any necessary repayment of ge

eral election and convention funds be made to t

checkoff account. 

·· A provision (contained in Senate biil926i requiring th

when the total of private contributions plus public fun

received by a candidate equals the allowable spendi

limitation eligibility 'for further public funding. ceas

·· A provision (contained in Senate bill 926) requiring th

any surplus camPaign funds '.rem~ini~g after campai

debts have been extinguished are regarded as pub

funds and therefore must be returned to the Treasur

CLEARINGHOUSE PUBLICATIONS 

The FEC Clearinghouse announces the availability 

updates to several publications announced. in the Mar

1977 edition of the Record. Those interested in purchasi

one of these publications should identify the report 

name and number and mail the appropriate remittance t

Sales Desk 

National Technical Information Service 

5285 Port Royal Road 

Springfield, Virginia 22161 

For information, call 703·557-4650. 

1. Election Law Survey 

A quarterly report issued under. agreement with th

. American Law' Division of the Library of Col_'lgres$' Co

·gressional Research Service, this series compiles 3nd s·u

marizes all Federal and State legislation- and litigatio

relating to elections. 1977 Update. Report · N

PB265218AS, Price: $5.50. (Coversperiod from Janua

1, 1977, through April1; 1977.) · 

2: Campaign Finance Survey 

This is a semi-annual report issued under agreement wi

the American Law Division of the Library of Congre

Congressional Research Service. It Contain's. summari

of all State and Federal Campaign Finance. Legislatio

Summaries, January 1977, Report No. PB265219A

Price: $9.00. Charts, January 1977, Report N

PB265220AS, Price: $5.00 .. 

Continu
:_-.;-

· · ,:In July, the Clearinghousi. edition ~f · 

. ' its r:iewsletter, F,EC Journ~l of The. 

Jl'urnal wi.ILI;>,e.pu.blisped or) serve 

·as a forum for the: exchange. on· 

. electipn. administration .. l.f cilrisisis of f~atured 

· ··.-' · ~S~~ionS _JnC!liding_: ... ''OI1· . ;con~~~i.n!;f, ·~. ·".On 

__ ·~ (!Jear(ogbo~'se Acti~hi~s/' :.~.'J:IiiPP~r:aJ.rig!{r . :

11-The. Ex-

. change." Requests fo-r copies offurther information should 

·be directed t(i The Editor, JOurnal o~ Elioetion Administra· 

~on, Federal Electiqn Commission Clearinghouse; 132~. k ·· · Street,N.W:,'Washington,·D.C.,.~0463~ . _ : , .· -

· NEW APPOINTMENT _-

'In July; Thomas Cooper, former Assistant Minority 

·· Cc;>_lmse_l· for the House .. Administration· COmmittee, was 

appi:iinfed Executive· Assistant to Commissioner Vernon W. 

Tlj C)rilson. 

FEC JOB CLASS I FICATiel'NS 

_. In July, the Commission cOmpleted,a!'(ion on agency job 

clasSifications, establishing f~r each permanent position a 

job ·series (description of. duties pertormed) and grade 

assignment (rate of- pay). Co-mmission action on these classi, 

· ·ficati0ns was required by ilie 1976 Amendments to the 

- Federal Election Campaig~ -Act · of: 1971, .since these 

Amendments plai:ed·_the FECwithin the executive branchof the government: As a member of the executive branch, 

the FEC is now subject to job classification and salary 

·reQui_i'ements ·of the Civil Service ·COmErtission. · However, 

' all job classifications are excepted from the competitive 

service·. 

FEDERAL ELECTION COMMISSION 

. . . 1325 K STREET, NW • 

WASHINGTON, DC 20463. 

OFFICIAL BUSINESS 

FEC _docum~ois of general ·appJicalliHty are publis

reg_ularly: in,the Fe~eral Register. The following ljst ici

fies all FEC _documents.appearirig. hi the FederafRegi

between June 21 imd Jilly 13, 1977;- · · 

· · Notice · · · Title 

Federal Register 

·• Publ\cation Date 

19'77-35 

1917-36 

1977-37 

1977-38 

:AOR,19'77-2L - · 

AORs 1977-28, 

1977•29 and 

1977-30 

AOR 1977-31 

Reques.t tOr · · 

COnimenis on 

Proposed Regulations 

6/28 -

6/30 

7/13 

7/12 

_. Citatio

. :.,:·,·· ., . 

. 42 ER 32

42 FR33

42 FR 36

42 FR 35

FEC PUBLISHESNEWCAMPAIGN. GUIDE 

. The FEC· recently. published the _seventh in its serie

Campaign Guides: campaign 'Guide· For Nonelection Y

The Guide serves. as a supplement to other Campa

Guides,. addressing the issueS of particular interest .to Fe

al candidates· a'nd co·mmittees durii1Q a_ year .in Whidl 

regularly scheduled Federal elections are held.· The Gu

includes guidelines for determining the application of c

tribUtion limitations, reporting requirement$, special rep

ing obligations·· for Candidates ·and .committees·involved 

special elections, reti"reme:nt of campaign deb~, use of. 

plus funds and· termination. requirements. Copies of 

· Guide may be requested from the Office of Public C

munications, Federal Election Commission, 1325- K Str

. N.W., Washington, D.C. 20463. 

POSTAGE AND FEES.PAIO