FEDERAL ELECTION COMMISSION

•

June 1986 999 E Street NW WashingtonDC 20463 Volume 12, Numbe

JULY REPORTING SCHEDULE

The chart and paragraphs on pages 2 and 

explain the reporting schedule for the vari

types of filers.

continu

July Quarterly Report is waived for committees

required to file a post-election

report.

The FEe will send notices on reporting requirements and filing dates to individuals known

to be actively pursuing election to this House

seat. All other committees supporting candidates

in the special election should contact the Commission for forms and more information on required reports. Call 202/376-3120 or, toll free,

800/424-9530.

NEW YORK SPECIAL ELECTION

On June 10, 1986, New York will hold a

special election in its sixth Congressional District

to fill the seat vacated by the death of Representative Joseph Addabbo,

Political committees authorized by candidates who are participating in the special election

must file pre- and post-election reports for the

special election. Note that last minute contributions of $1,000 or more received by candidate

committees, between two and 20 days before the

election, must be reported within 48 hours of

their receipt.

All other political committees which support

candida tes in the special election (and which do

not report on a monthly basis) must also follow

the reporting schedule for the special election

detailed below. Note that last minute independent

expenditures aggregating $1,000 or more and

made between two and 20 days before an election

must be reported within 24 hours after the expenditures are made.

REPORTS

1 New York Special Election

1 July Reports Due

4 State Records Offices

7 ADVISORY OPINIONS

REGULATlONS

6 FEC Denies Common Cause's

"Soft Money" Rulemaking Petition -

COURT CASES

8 Antosh v. FEe

9 FEC v. Rhoads for Congress Committee

9 Alwin E. Hopfmann v. FEC

9 New Litigation

TABLE OF CONTENTS

STATISTICS

11 New Data on Congressional Campaigns

12 INDEX

PUBLICATIONS

10 FEC Annual Report

COMPLIANCE

10 Nonfilers Published

5/26/86 5/29/86

7/10/86 7/10/86

Mailing Filing

Date Date

4/1-5/21

Period

Covered

Post-election 5/22-6/30

Pre-election

Report
June,1986 FEDERAL ELECTION COMMISSION • Volume 12, Numba

JULY REPORTING SCHEDULE

Quarterly Report

Due by July 15, the report should cover all

activity from April 1 (or from the closing date of

the last report filed in 1986) through June 30.

Pre-Primary Report

The report is due 12 days before the primary

election and must be complete as of the 20th day

before the election. If sent by registered or

certified mail, the report must be postmarked no

later than the 15th day before the election.

Last-Minute Contributions

Any contribution of $1,000 or more received

by a candidate's committee between two and 20

days before an election must be reported in

writing by the recipient Committee within 48

hours after it is received. 11 CFR 104.5(f).

Last-Minute Independent Expenditures

Any independent expenditures aggregating

$1,000 or more and made between two and 20

days before an election must be reported within

24 hours after the expenditure is made. 11 CF R

104.4(b) and (c).

Monthly Report

The monthly report must be filed by July 20.

it should cover all activity from June 1 (or from

the closing date of the last report filed in 1986)

through June 30.

Semiannual Report

The semiannual report must be filed by July

31. It covers all activity from January 1 through

June 30.

Change in Filing Frequency

PACs and party committees which plan to

change their reporting schedule (e.g., from quarterly to monthly) must notify the Commission of

their intention. The committee may notify the

Commission by SUbmitting a letter with the next

report due under its current reporting schedule. A

committee may not change its filing frequency

more than once a year. 11 CPR I04.5(c). The FEC

requests that Presidential committees also inform

the Commission in writing if they decide to

change their reporting schedule.

WHERE REPORTS ARE FILED

Committees must file all reports and statements simultaneously with the appropriate federal

and state officials. 11 CFR 108.5.

2

Filing with the Federal Government

o The principal campaign committees of Hou

candidates and com rnittees supporting or o

posing only House candidates file with t

Clerk of the House, Office of Records a

Registration, 1036 Longworth House Off

Building, Washington, D.C. 20515. 11 CF

104.4(c)(3) and 105.1.

o The principal' campaign committees of Sen

candidates and committees supporting or o

posing only Senate candidates file with t

Secretary of the Senate, Senate Public Recor

Hart Senate Office Building, Room 232, Wa

ington, D.C. 20510. 11 CFR 104.4(c)(2) and 105

o All other committees, including the pr inci

campaign committees of Presidential can

dates, file with the Federal Election Co

mission, 999 E Street, N. W., Washington, D

20463. 11 CFR 105.3 and 105.4.

Filing with Slate Governments

o The principal campaign committees of Co

gressional candidates must file a copy of eve

report and statement with the Secretary 

State or the appropriate elections official 

the state in which the candidate seeks fede

office. 11 CFR 108.3.

o PACs and party committees making contrib

tions or expenditures in connection with Hou

and Senate races file in the state in which t

candidate seeks election. The law requires 

copy only of that portion of the report app

cable to the candidatels) being supported. Co

mittees supportlng Presidential candidates mu

file in the staters) in which the President

committee and donor committee have th

respective headquarters. See pages 4-6 for t

names and addresses of state offices.

HOW TO OBTAIN MORE INFORMATION

Reporting forms for the quarterly (or sem

annual) report will be sent to all registered co

mittees. Forms for the pre-primary report will 

mailed to candidate comrulttees only. Oth

committees which are required to file p

primary or monthly reports should request for

from the FEC or use photocopies of blank form

previously sent to them.

Questions and requests for forms should 

addressed to the Information Services Divisio

202/376-3120 or, toll free, 800/424-9530.
June 1986 FEDERALELECTION COMMISSION Volume 12, Numb

Report

Type ofFner

Quarterly

July IS

Pre-Primary Monthly

July 20

Semiannual

July 31

Congressional Candida te

Committees: 1986 x x

Congressional Candidate

Committees: Other Years x

3

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, call 2021376-3120 or toll-free ROO/424-9530.

YAll Presidential committees are required to file on either a monthly or (l quarterly bas

during 1986. 11 CFR 104.5(b)(2).

YAH corporate and labor PACs, nonconnected committees and party committees a

required to file on either a monthly or a quarterly basis in 1986.

YRequired only if the committee makes COntributions or expend[tures (including indepe

dent expenditures) in connection with a primary which have not been previously disclosed.

lIReport required if aggregate costs for partisan, internal communtccttons for all 19

primaries have exceeded $2,000.

x

x

x xl/

x

x

PAC/Party Committees:

Monthly Filers!/

Presidential Candidate

Committees: Quarterly Filers

Connected Organizations:

Communications1/

Presidential Candidate

Committees: Monthly Filersl/

PAC/Party Committees:

Quarterly Filers
June 1986 FEDERAL ELECTION COMMISSION

STATE RECORDS OFFICES

\A)lume 12, Numbe

All political committees are required to file a copy of every report (or the pertinent part of 

with the Secretary of State or the appropriate elections official of the state in which the committ

conducts activity. (For specific requirements, see 11 CFR Part 108.) Copies of these campaign finan

reports should be filed, and may be reviewed and copied, at the following locations:

ALABAMA

Elections Division

Office of the Secretary of State

Room 13A, State House

Montgomery, AL :16130

205/261-7210 $1.50/pg.

ALASKA

Office of the Lt. Governor

State Capitol, Room 313

Juneau, AK 99811

907/465-3520 . $.25/pg.

Mailing address:

State of Alaska, P.O. Box AA

Juneau, AK 99811

ARIZONA

Office of the Secretary of State

State Capitol, West Wing, 7th Floor

1700 West WaShington

Phoenix, AZ 85007

602/255~8683 $.50/pg.

ARKANSAS

Elections Division

Office of the Secretary of State

State Capitol Building, Room 026

Little Rock, AR 7220 1

501/371-5070 $.50/pg.

CALIFORNIA

Politieal Reform Division

Office of the Secretary of State

1230 J Street, Room 219

Sacramento, CA 95814

916/322·4880 $.:lO/pg.

Mailing address:

P.O. Box 1467

Sacramento, CA 95807

COLORADO

Elections Division

Office of the Secretary of State

1560 Broadway, Suite 200

Denver, CO 80202

303/866-2041 $.50/pg.

CONNECTICUT

Elections Division

Office of the Secretary of State

30 Trinity Street, Room 114

Hartford, CT 05106

203/566-3059 $.10/pg.

DELAWARE

Office of the Secretary of State

Townsend Building

Dover, DE 19901

302/736-4111 $.50/pg.

Mailing address:

P.O. Box 1401

Dover, DE 19901

DISTRICT OF COLUMBIA

Office of Campaign Finance

Reeves Municipal Center, Room 440

2000 14th St., N.W.

Washington, D.C. 20009

202/939-8710 $.10-.1S/pg.

FLORIDA

Division of Elections

Office of the Secretary of State

The Capitol, Room 1801

Tallahassee, FL 32301

904/488-7690 $.IO/pg.

GEORGIA

Elections Division

Office of the Secretary of State

State Capitol, Room 110

Atlanta, GA 30334

404/656-Z87 1 1st copy free

2nd+$.25/pg.

HAWAll

Campaign Spending Commission

335 Merchant Street, Room 215

Honolulu, ., 96813

8081t>48-M11 $.25/pg.

Mailing address:

P.O. Box 501

Honolulu, HI 96809

IDAHO

Elections Division

Office of the Secretary of State

205 State House

Boise, ID 83720

208/334-2852 $.2S/pg.

ILLINOJS

State Board of Elections

1020 South Spring Street

Springfield, n, 62704

217/782-4141 $.10/pg.

Mailing address:

P.O. Box 4187

Springfield, IL 62708

State Board of Elections

Suite 14-100

100 West Randolph Street

Chicago, n, 60601

312/917-6440

INDIANA

Office of the Secretary of State

State House, Room 201

Indianapolis, IN 46204

317/232-6531 $.15!pg.

4

IOWA

Campaign Finance Disclosure

Commission

507 10th Street, 5th Floor

Des Moines, IA 50309

515/281-4411 $.10/pg.

KANSAS

Office of the Secretary of State

State House, Room 234 North

Topeka, KS 66612

913/296-2236 $.25/pg.

KENTUCKY

Registry of Election Finance

1604 Louisville Road

Frankfort, KY 4060 1

502/564-2226 $.lO/pg.

LOUISlAKA

Elections Division

Office of the Secretary of State

State Capitol, 19th Floor

Baton Rouge, LA 70804

504/342-4966 $.lO/pg.

Mailing address:

P.O. Box 94125

Baton Rouge, LA 70804-9125

MAINE

Commission on Governmental Ethi

and Election Practices

Office of the Secretary of State

State House Station 101

Augusta, ME 04:133

207/289-4178 $.10-.20/pg

MARYLAND

State Administrative Board

of Election Laws

11 Bladen Street

Annapolis, MD 21401

301/269-3711 $.IO-.25/pg

Mailing address:

P.O. Box 231

Annapolis, MD 21404-0231

MASSACHUSETfS

Division of PUblic Records

Office of the Secretary of State

1701 McCormack Building

One Ashburton Place

Boston, MA 02108

617/727 -2832 $.20/pg.
June 1986 FEDERALELECTION COMMISSION Volume 12, Numt

MICHIGAN

Elections Division

Office of the Secretary of State

4th Floor, Mutual Bldg.

208 N. Capitot Avenue

Lansing, MI 48918

517/373-2540 $.16/pg.

Mailing address:

P.O. BOK 20126

Lansing, Ml 48901

MINNESOTA

Elections Division

Office of the Secretary of State

180 State Office Building

St. Paul, MN SS155

612/296-2805 $.25/pg.

MISSISSIPPI

Office of the Secretary of State

40 I Mississippi Street, Room 223

Jackson, MS 39201

601/359-1350 $.30-.60/pg.

Mailing address:

P.O. BOK 136

Jackson, MS 39205

MISSOURI

Division of Campaign Reporting

Office of the Secretary of State

Truman Office Building, 8th Floor

Jefferson City, MO 65102

314/751-3077 $.15.50/pg.

Mailing address:

P.O. Box 1370

Jefferson City, MO 65102

MONTANA

Office of Political Practices

1205 8th Avenue

Helena, MT 59620

406/444-2942 $.10/pg.

NEBRASKA

Office of the Secretary of State

State Capitol, Suite 2300

Lincoln, NE 68509

402/471-2554 $l.OO/pg.

NEVADA

Office of the Secretary of State

Capitol Complex

Carson City, NV 89710

702/885-5203 $.50/pg.

NEW HAMPSHIRE

Office of the Secretary of State

State House, Room 204

Concord, NH 03301

603/271-3242 $.l5/pg.

NEW JERSEY

Elections Division

Department of State

107 West State Street

Trenton, NJ 08625-0304

609/292-3760 $.10-.50/pg.

NEW MEXICO

Office of the Secretary of State

Room 400

Executive-Legislative Building

Santa Fe, NM 87503

505/827-3620 $.l0/pg.

NEW YORK

State Board of Elections

One Commerce Plaza, 18th Floor

Albany, NY 12260

518/474-8200 $.lO/pg.

Ma[Hng address:

P.O. Box 4

Albany, NY 12260

NORTH CAROLINA

Campaign Reporting Office

State Board of Elections

Raleigh Building, Rm. 809

5 West Hargett Street

Raleigh, NC 2760 I

919/7 33-2186 $.25/pg.

Mailing address:

P.O. Box 1934

Raleigh, NC 27602

NORTH DAKOTA

Office of the Secretary of State

State Capitol, First Floor

Bismarck, ND 58505

701/224-2900 $.25/pg.

OHIO

Office of the Secretary of State

30 East Broad Street, 14th Floor

Columbus, OH 43266-0418

614/466-2585 $.iO-1.00!pg.

OKLAHOMA

Offfce of the Secretary of State

101 State Capitol

Oklahoma City, OK 73105

405/521-3911 $l.OO/pg.

OREGON

Elections Division

Office of the Secretary of State

141 State Capitol

Salem, OR 97310

503/378-4144 $.15/pg.

PENNSYLVANlA

Bureau of Commissions,

Elections & Legislation

305 North Office Building

Harrisburg, PA 17120

717/787-5280 $.IO/pg.

RHODE ISLAND

Elections Division

Office of the Secretary of State

State House, Room 218

Providence, RI02903

401/277-2340 $.IS/pg.

5

SOUTH CAROIJNA

State Election Commission

2221 Devine Street, Room 105

Columbia, SC 29205

803n58-2571 $.25/pg.

Mailing address:

P.O. Box 5987

Columbia, SC 29250

SOUTH DAKOTA

Office of the Secretary of State

State Capitol Building, 2nd Floo

500 East Capitol

Pierre, SD 57501-5077

605n73-3537 $.50/pg.

TENNESSEE

Elections DIvision

Office of the Secretary of State

James K. Polk Bldg., Suite 500

NashviHe, TN 37219

615/741-7956 $.15/pg.

TEXAS

Disclosure Filing Division

Office of the Secretary of State

State Capitol, Room 127

Austin, TX 78711

512/463-5704 $.15-.55/p

Mailing address:

P.O. Box 12887

Austin, TX 78711

UTAH

Office of the Lieutenant Govern

State Capitol Building, Room 20

Salt Lake City, UT 84114

801/533-5111 $.35/pg.

VERMONT

Office of the Secretary of State

Redstone Building

26 Terrace Street

Montpelier, VT 05602

802/828-2363 $.IO/pg.

Mailing address:

State Office Building

Montpelier, VT 05602-2198

VIRGINIA

State Board of Elections

101 Ninth Street Office Building

Richmond, VA 23219

804/786-6551 $.25/pg.

WASHINGTON

Public Disclosure Commission

403 Evergreen Plaza

Olympia, WA 98504

206/753-1111 $.10-.25!

WEST VIRGINIA

Office of the Secretary of State

State Capitol, Room 157-K

Charleston, WV 25305

304/345-4000 $.75-1.00

contin
June 1986 FEDERAL ELECTION COMMISSION \k)lume 12. Numbe

WISCONSIN

State Elections Board

132 East Wilson Street, 3rd Floor

Madison, WI 53702

608/266-8005 $.15-.20/pg.

WYOMING

Elections Division

Office of the Secretary of State

Capitol Building, Room 106

Cheyenne, Wy 82002-0020

307{777-7378 $.15-.50/pg.

NOTE:These reports are made available for puolic review and copying provided that any informati

copied from these reports shall not be sold or used by any person for the purpose of soliciti

contributions or for any commercial purpose, other than using the name and address of a

political committee to solicit contributions from such committee. 2 U.S.C. §438(a)(4).

FEC DENIES COMMON CAUSE'S PETITION

FOR "SOFT MONEY" RULEMAKING

On April 29, 1986, the Federal Election Commission published a notice in the Federal Register

denying a petition for rulemaking filed by Common Cause on November 6, 1984. 51 Fed. Reg.

15915. Com mon Cause's petition had requested

that the Commission initiate. a rulernaktng to

address the alleged improper use, in federal elections, of funds that are ostensibly raised and spent

for state and local elections. Such funds are not

disclosed under the federal election law.* The

agency also considered, but rejected, a staff

proposal to revise the regulatory provisions governing the establishment of federal and nonfederal accounts (II CFR 102.5(b) and 102.6(a)) and

the allocation of expenses between the accounts

(11 CFR I06.l(e).

Before reaching its final decision on Common

Cause's petition, the Commission took several

steps to solicit public com ments on the use of

"soft money" in federal elections. In January

1985, the Commission invited public comment on

the petition by issuing a Notice of Availability. 50

Fed. Reg. 477. Five written comments were received in response to this notice, including a

supplementary statement from Common Cause

that contained proposed rules addressing the "soft

money" issue.

In December 1985, the Commission issued a

Notice of Inquiry seeking further comment on the

broad range of factual and legal questions which

Common Cause and others had raised concerning

6

the "soft money" issue. 50 Fed. Reg. 51535, D

cember 18, 1985. (These issues were sum mariz

in the January 1986 FEe Record, p. 6.) Sevente

submissions were received from 15 persons 

response to the Notice of Inquiry. In additi

witnesses representing three interested organi

tions testified at the Commission's January 

1986, public hearing on the notice.

After reviewing the public comments a

evaluating the implications of the proposed re

sions, the Com mission concluded that evidence 

improper use of "soft money" in federal electio

was insufficient to justify the stringent ru

suggested in Com mon Cause's petition. In 

Federal Register notice denying the rulernak

petition, the agency held that the examples 

fered to support Common Cause's view did 

"constitute concrete evidence" that "soft mon

had been misused in federal elections. To 

contrary, the agency found that "other eviden

presented during the proceedings indicateldJ th

many transfers to the sta te and local levels w

made from federal funds and were reported to 

Commission."

"'Since "soft money" is ostensibly raised a

spent to influence state and local elections, 

funds may contain donations that are prohibi

or excessive under the Federal Election Campa

Act. If these funds are Ultimately used 

influence federal elections, a violation of the A

may occur.
June 1986 FEDERAL ELECTIOI\] COMMISSION

ADVISORY OPINION REQUESTS

The following chart lists recent requests for

advisory opinions. The full text of each AOR is

available to the public in the Commission's Office

of Public Records.

AOR Subject

1986-14 Sale of committee's campaign van. (Date

made puolice April 16, 1986; Length: 2

pages)

1986-15 Media expenditures by nonconnected

PAC in response to Senate candidate's

charges. (Date made public: April 30,

1986j Length: 2 pages, plus l l-page supplement)

ADVISOR Y OPINIONS: SUMMARIES

An Advisory Opinion (AD) 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 indlstinguishable 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.

AO 1986-8: Contributions to Candidate's 1:982

Senate Campaign Refunded by his

1986 Senate Campaign

lf Mr. James D. Santini becomes a Senate candidate in 19BG, the principal campaign committee

for his Senate race (the 1986 Committee) may use

its campaign funds to refund contributions made

to the principal campaign com mittee for his 1982

Senate race (the 1982 Committee). (Although the

1982 Committee had attempted to refund the

contributions before terminating in 1983, several

contributors failed to either cash or receive the

refunds, totaling approximately $15,200.)

The 19B6 Committee should report the refunded contributions as itemized campaign expenditures. See 2 U.S.C. §434(b) and 11 CF R 104.3(b)

(4)(v).

The Act and FEC Regulations permit candidates and their campaigns to decide which types

of expenditures will most effectively influence

their nominations and elections. Further, the Act

provides that candidates may use excess campaign

funds for any "lawful purpose" (provided they do

7

\hlume 12, Numb3

not convert the excess funds to personal use")

previous advisory opinions, the Commission c

cluded that making refunds of contributions t

candidate's former campaign constituted a law

use of his/her current campaign's excess funds.

The Commission noted that its opinion 

not address other issues related to the 1

Committee's activities. (Date issued: April 

1986; Length: 3 pages)

AO 1986-9: Candidate's Use of 1986 Campaig

Funds to Reimburse Himself for

Legal Expenses

Representative Dan Daniel may use campa

funds of his 1986 reelection campaign to re

burse himself for legal expenses he paid in c

junction with inquiries by the House Commit

on Standards of Official Conduct. (The Comm

tee's inquiries concerned certain travel payme

which Representative Daniel SUbsequently re

bursed to the Clerk of the House and Be

Aircraft Corporation.)

Under the Act, a candidate may use exc

campaign funds to defray ordinary and necess

expenses incurred in connection with his offi

holder duties or to defray expenses for "any ot

lawfUl purpose." (The election law prohibits can

dates from converting excess campaign funds 

personal use, but this prohibition does not apply 

individuals, such as Representative Daniel, w

were Members of Congress on January 8, 19

Consequently, Representative Daniel may use 

campaign funds to reimburse himself for the le

expenses regardless of whether the expenses 

considered personal expenses; "pofitically relat

expenses; ordinary and necessary expenses o

federal officeholder; or expenses for some ot

lawful purpose. See AOs 1977-39 and 1985-22.

Reporting Requirements

Since Representative Daniel has two auth

ized committees for his 1986 reelection effo

the authorized committee that makes the re

bursement should report the transaction. Ir sho

be disclosed as an "other disbursement." See 

CFR I04.3(b)(2)(vi). If the reimbursement exce

$200, the committee must use a Schedule B to:

o Itemize the amount, date and purpose of 

disbursement; and

o Identify Representative Daniel as the payee. 

CFR l04.3(b)(4)(vi).

(Date issued: April 22, 19B6; Length: 2 pages)

"This prohibition on conversion to perso

use does not apply to any candidate (including 

Santini) who was a Representative in Congress 

January 8, 1980.
June 1986 FEDERAL ELECTION COMMISSION

AO 1986-11: Act's Preemption of Ohio Law

Governing Campaign Logo

Margaret Mueller's principal campaign committee

may use the logo "Margaret Mueller Congress" on

stationery, publications and other materials used

to promote Ms. Mueller's candidacy for an Ohio

House seat, even though the particular wording of

her logo may be prohibited by Ohio law. The state

law requires the committee of a challenger candidate to include either the word "elect" or "for" in

its logo to indicate that the candidate does not

currently hold the office being sought. However,

since the Act does not contain this requirement

and since the Federal Elee tion Campaign Act (the

Act) "supersedes and preempts" any provision of

state law with respect to election to federal

office, the Mueller Committee does not have to

include these words in its logo. 2 U.S.C. §453; 11

CFR 108.7.

The Commission based its determination on a

series of advisory opinions concerning preemption

issues and the legislative history of 2 U.S.C.

§453. (Date issued: April 17, 1986; Length: 3

pages)

AO 1986-14: Proceeds from Sale of

Committee's Campaign Van

The Dan Burton for Congress Committee (the

Committee), Representative Burton's principal

campaign committee for his 1986 reelection effort, may sell its depreciated campaign van. The

proceeds from the sale will not result in 8. contribution from the purchaser to the Committee,

provided that:

o The van is sold at the usual and normal price (in

this case, a price that conforms with those

listed in generally recognized motor vehicle

trade publications and that takes into account

the overall condition of the van);

o The Committee does not repurchase or lease

back the van; and

o The sale is not made in connection with political messages or contribution solicitations.

The Commission noted that it was significant

that the van was a depreciated asset, that it was

used in previous elections and that it would be

sold in a single, isolated transaction.

The Committee should report the sales proceeds as "other receipts" and should identify the

purchaser as well as the amount and date of the

receipt. The Committee may wish to briefly explain that the receipt represents the purchase

price paid for the sale of the van.

The Com mission distinguished this opinion

from several previous opinions where political

committees wanted to sell fundraising items or

unique campaign materials, or to pursue commercial-type ventures which, over an indefinite

period of time, would produce revenue for campaign expenditures. See AOs 1979-17, 1979-76,

1980-19, 1980-34, 1980-70J 1981-7 and 1983-2. In

these AOs, the proposed sales would have resulted

8

Volume 12, Numte

in contributions. The Burton Committee's sit

tion, however, was closer to two other opini

where political committees were allowed to liq

date assets without the transaction resulting i

contribution. See AOs 1979-24 and 1985-1. Co

missioner Thomas E. Harris filed a concurr

opinion. (Date issued: May 1, 1986; Length

pages, including concurrence)

ANTOSH v. FEe (Fourth Suit)

On April 4, 1986, the U.S. District Court 

the District of Columbia issued an order wh

granted the FEC's motion for summary judgm

in Antosh v. FEC and which dismissed with p

judice plaintiff Edward Antosh's complaint. (C

Action No. 85-2036) The court held that, un

Article III of the Constitution, Mr. Antosh lac

standing to seek judicial review of the FE

dismissal of his administrative complaint.

BaCkground

A resident of Oklahoma, Mr. Antosh had fi

his administrative complaint with the FEC 

April 1984. In the complaint, he alleged th

1) the Engineers Political Education Commit

(EPEC), the separate segregated fund of the 

ternational Union of Operating Engineers, 

violated the election law by making excess

contributions to Arizona Senator Den

DeConcini's 1982 primary campaign (the ca

paign); and 2) the campaign had violated the el

tion law by accepting the excessive contributio

The Commission determined that there was r

son to believe EPEe had violated the election 

by making excessive contributions to Sena

DeConcini's reelection campaign. However, i

tie vote, the agency failed to find reason 

believe that the campaign had violated the law.

On June 21, 1985, Mr. Antosh filed suit w

the district court. He claimed that the FE

determination that the campaign had not viola

the law was arbitrary and capricious. In cr

motions for summary jucg ment, Mr. Ant

claimed that he had standing to bring suit 

cause, under the election law, !f[aJny party 

grieved by an order of the Commission dismiss

a complaint filed by such party•••may file a p

tion with the U.S. District Court for the Dist

of Columbia." 2 U.S.C. §437g(a)(8)(A).

District Court's Ruling

In ruling that Mr. Antosh lacked standing 

seek judicial review of the FEC's determinati

the court referred to the requirement that. 
June 1986

· . FEDERAL ELECTION COMMISSION \blurne 12, NumOOr

aggrieved party must "show that he personally has

suffered some actual or threatened injury as a

result of the putatively illegal conduct of the

defendant..•. " to establish standing under Article

Ill.

The court held that Mr. Antosh failed to

meet this requirement. As a citizen of and a

registered voter in Oklahoma, Mr. Antosh had

"suffered no greater injury, nor likely will he in

the future, as a result of the Commission's failure

to order a refund, than any other U.S. citizen who

is neither a resident of nor with franchise in

Arizona." The court concluded that "plaintiff has

no interest save his own, which is, at the moment,

only that of a public-spir-ited spectator of Arizona

elec tions, n

Finally, the court noted that the standard for

qualifying as an !'aggrieved par-ty" (eligible to seek

judicial review for an administrative agency's

determination) was higher than the standard for

filing an administrative complaint with an agency.

"Congress can permit anyone to engage in proceedings before them [administrative agencies].

But it cannot confer upon a participant at the

administrative level the right to maintain a suit

to review the agency's decision in federal court,

no matter how greviously he may be offended by

it...."

The court did not address issues related to

the merits of the FEC's administrative determinations or its own jurisdiction to review those

deter minations.

FEC v. RHOADS FOR CONGRESS COMMITTEE

On May 2, 1986, the U.S. District Court for

the Northern District of Illinois approved a

consent order between the Commission and the

Rhoads for Congress Committee (the Committee),

Mark Q. Rhoads's principal campaign committee

for his 1982 Illinois House race, and the

Committee's treasurer, William E. Naegel.

Defendents acknowledged that they had violated

section 441a(f) of the election law by accepting

excessive contributions from:

oMary G. Rhoads, the candidate's mother, who

made the excessive contributions by personally

endorsing and providing security for two loans,* portions of which were accepted by the Committee (i.e., $17,000); and

o The Mid-America Conservative Political Action

Committee (MAPAC), a nonconnected PAC. (At

the time MAPAC made the excessive contributions, its per election limit was $1,000, rather

*Under the election law and FEC RegUlations, endorsements and guarantees of loans, including those made by the candidate's family,

count as contributions to the extent of the

outstanding balance of the loan. 2 U.S.C. section

431(a)(A)(i) and 11 CFR 100.7(a)(1J(i)(C).

9

than $5,000, because the PAC had not y

qualified for multicandidate status.)

Defendents agreed to pay a $2,000 civil pe

alty within 30 days of the court's order.

ALWIN E. HOPFMANN v. FEC

On May 5, 1986, the Supreme Court deni

appellant Alwin E. Hopfrnann's petition for 

rehearing of his petition for a writ of certiorari 

Hopfmann v. FEC (Civil Action No. 85-659). T

Court had originally denied the petition 

December 1985. Federal court actions on the su

are summarized in the following issues of t

Record: May and September 1984 and July a

September 1985.

NEW LITIGATION

FEC v. Beatty for Congress Committee

The FEC asks the distr-ict court to decla

that the Beatty for Congress Committee, t

principal campaign committee for Vander 

Beatty's 1982 House campaign, and the Comm

tee's treasurer, Edward Myers, Jr., viola ted t

election law by:

o Knowingly accepting excessive contributio

from individuals and from a political committ

(2 U.S.C. §44la(f»;

o Knowingly accepting an excessive loan from t

candidate's family and failing to report the lo

(2 U.S.C. §§434(b)(3)(E) and 441a(f);

o Accepting prohibited contributions from co

porations and labor organizations (2 U.S.

§44lb)j and

o Accepting corporate loans and failing to repo

them (2 U.S.C. §§'441b and 434(b)(3)(E».

The FEC also asks the court to find that t

Committee violated the law's recordkeeping a

reporting requirements by:

o Failing to file two 1982 quarterly reports 

time (2 U.S.C. §434(a)(2)(A)(iii»;

o Failing to file 1982 pre-primary and year-en

reports and a 1983 mid-year report (2 U.S.

§§434(a)(2)(A)(i) and (iii»;

o Failing to maintain adequate records of contr

butions (2 U.S.C. §§432(c)(I)-(3»;

o Failing to itemize certain contributions an

expenditures (2 U.S.C. §§434(b)(3) and 434(b)(

(A»; and

o Failing to continuously report two loans un

extinguished (II CFR 104.11(a».

The FEC asks the court to impose a civ

penalty against the Committee and its treasur

amounting to the greater of $5,000 or 100 perce

of the total amount involved in the violations.

U.S. District Court for the Southern Distri

of New York, 86-CIV.-3899 (RLC), May 16, 1986
June 1986 FEDERALELECTION COMMISSION Volume 12, Numt

FEe Y. Jimmy Carter Committee

for a Greater America

The FEC asks the district court to declare

that the Jimmy Carter Committee for a Greater

America, a noneonnected PAC, and its treasurer,

Chip Carter, violated the election law by failing

to file quarterly and post-general election reports

with the FEC for the 1984 election year. 2 U.S.C.

§§434(a)(4)(A)(i) and (iii).

The FEC further asks the court to:

o Assess a civil penalty against the defendants

amounting to the greater of $5,000 or 100

percent of the amount involved in the violations; and

o Permanently enjoin the defendants from further

violations of the election law.

U.S. District Court for the Northern District

of Georgia, Civil Action No. C86-774A, April 7,

1986.

FRC Y. New RepubliC8I1 Victory Fund

The FEC asks the district court to declare

that the New Republican Victory Fund, a noneonnected PAC, and the Fund's treasurer, Charles R.

Black, Jr., violated the election law's reporting

requirements during the 1984 election year by

failing to file the Fund's October quarterly, yearend and post-general election reports and by failing to file the July quarterly report on time. 2

U.S.C. §§434(a)(4) (A)(i) and (iii).

The FEC further asks the court to:

o Assess a civil penalty against defendants

amounting to the greater of $5,000 or 100

percent of the amount involved in the violations; and

o Permanently enjoin defendants from further

violations of the election law.

U.S. District Court for the Eastern District

of Virginia, Alexandria Division, Civil Action No.

CA86-0402-A, April 18, 1986.

FEC Y. 1984 Victory Fund (second Suit)

The FEC asks the district court to:

o Declare that the 1984 Victory Fund (the Fund),

a nonconnected PAC, and the Fund's treasurer,

Vincent G. Downing, violated the election law

by failing to file a 1984 October quarterly

report, a 1984 post-election report and a 1984

year-end report (2 U.S.C. §§434(a)(4)(A)(i) and

(iii»;

o Assess a civil penalty equal to the greater of

$5,000 or 100 percent of the amounts involved

in the violations; and

o Permanently enjoin the defendants from further

violations of the election law.

U.S. District Court for the Southern District

of New York, Civil Action No. 86-CIV.-3891, May

16, 1986.

10

-:"~~~;'~~~:- _.~ -;:._:~:-~-:\-~~~ ,~~--'~:-\::::~~-;~~' ::"~.-:--';

" k ' " ". A, j . l . L.' 

:. :::;~_~~~:_ ~t~VLt.~~_ ';'j:~~<_ ~~~.~_: .:. 

FEC PUBLISHES NONFILERS

In April the Commission published the na

of two House campaigns (one in Nebraska and 

in South Carolina) which had failed to file t

first quarterly report. In addition, in April 

-May, the agency published the names of six C

gressional campaigns in Texas, Indiana, N

Carolina, Nebraska and Pennsylvania that 

failed to file their pre-primary reports, requ

12 days before the election.

The election law requires the agency to p

lish the names of nonfiling candidates. Com

ance actions against nonfilers are decided o

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

broad authority to initiate enforcement act

resulting from infractions of the law, inclu

civil court enforcement and imposition of c

penalties.

FEe SENDS ANNUAL REPORT

TO PRESIDENT AND CONGRESS

On June 1, 1986, the Commission sent to 

President and the Congress the Annual Rep

1985, which describes Commission activities 

lists Commission recommendations for amend

the campaign finance law. (See the April Rec

for a summary of the recommendations.)

This year's Annual Rel?ort also includes, 

the first time, a special section on statist

trends. It graphically depicts 1983-84 campa

finance activity conducted by candidates, PA

political parties and individual supporters.* 

publication further discusses:

o The 1984 Presidential elections;

o Commission activity, including summaries 

major legal decisions; and

o Budgetary and administrative issues.

Those who are interested in obtaining a c

of the Annual Report 1985 should contact 

Information Services Division at 376-3120 or, 

free, 800/424-9530.

--This statistical material was previously p

lished in March 1986 as a special issue of 

Record.
II

'yblume 12, Numoor 

The FEC figures were produced under a ne

program, which takes information from the sum

mary pages of reports (Form 3) filed by Congre

sional committees. Previously, the FEC base

some of its summary data on the detailed info

mation reported by PACs. The new program pr

vides more timely summary figures to the publi

Data is available within 48 hours after the FE

receives the candidates' reports. The program als

allows the FEC to provide a comparison betwee

incumbents, challengers and open-seat candidat

(those running in an election where the incumbe

is not seeking reelection).

Those interested in obtaining up-to-date sum

mary information about candidates (individual

or collectively) should contact the Commission

Public Records Office at 376-3140 or, toll fre

800/424-9530. The information is also availab

through the FECls Direct Access Program, a pr

ject which permits individuals to gain access 

the FEC's information data base through person

computers. For more information on this program

contact the Press Office at 376-3155 or, toll fre

800/424-9530.

FEDERAL ELECTION COMMISSION

CANDIDATE CAMPAIGN ACTIVITY 1/

January 1985 through M8I'ch 31, 1986-

contnbuttons

Indi- from Candi- Net 4/

Net'}.} vidual Other date Candi- Dis-- Cash

Re- Contzi- Commit- Contri- date Other burse- on

Number ceipts butions tees 3/ buttons Loans Loans ments Hand 5

SENATE 174 $79.80 $54.10 $16.40 $0.30 $2.00 $0.40 $46.00 $42.10

Incumbents 27 46.60 32.30 11,80 0.00 0.00 0.00 24.10 30.10

Challengers 106 17.80 12.10 2.20 0.20 0.90 0.30 12.40 5.90

Open Seats 41 15.40 9.70 2.40 0.10 1, 10 0.10 9.50 6.10

HOUSE 1261 $87.30 $46.80 $25.90 $1.30 $6.10 $0.60 $58.10 $57.90

Incumbents 396 62.90 31.30 23.90 0.20 1.30 0.40 39.40 51. 70

Challengers 638 9.20 5.40 0.80 0.50 2.20 0.00 7.30 2.30

Open Seats 227 15.20 10.10 1. 20 0.70 2.50 0.20 11.40 3.90

(In Millions of Dollars)

June 1986

y For some candidates from Indiana, North Carolina, Ohio and Texas, reporting period extend

beyond 3/31/86.

y Net receipts include total omounts mised, minus transfer» from other committees within the

same campaign.

{if Other Committees column includes contributions from PACs and other candidates! commit

tees.

4/ Net disbursements include total amounts spent, minus transfers to other committees within

the same campaign.

!y Latest cash on hand as of 3/31/86, except for some candidates from Indiana, North Carolina

Ohio and Texas.

NEW DATA AVAILABLE ON

CONGRESSIONAL CAMPAIGNS

Spending for 1986 Senate and House races has

already topped $100 million, according to figures

released on May 12 by the Commission. FEC

figures also show that Senate candidates have

raised almost $80 million, of which approximately

68 percent ($54 million) comprised contributions

from individuals. On the House side, candidates

have raised more than $87 million, of which 54

percent (or $47 million) came from individuals.

On the chart below, the data reflects the

fifteen-month activity of only those candidates

who have registered with the FEC for 1986 races.

Since some candidates have not yet registered or

begun to report, and since some first-quarter

reports may have been filed late, the figures do

not include all financial transactions for the 1986

elections.
FEDERAL ELEGriON COMMISSION i > \bILime 12, Numb

Bulk Rate Mail

Postage and Fees Paid

Federal Election Commission

Permit Number G-31

1986-2: Candidate's sales campaign, 4:6

1986-4: Corporation's program to encou

employee contributions, 4:6

1986-5: Excess campaign funds transfe

from candidate's federal to local com mit

4:7

1986-6: PAC established by Vice President 

party building and candidate support, 5:2

1986-7: Cooperative PAC's shareholder solic

tion program, 4:7

COURT CASES

Antosh v, FEC, 3:8

FEC v. American International Demogra

Services, Inc., 4:8

FEC v; Californians for Democratic Repre

tation, 3:8

FEC v. Citizens Party, 3:8

FEC v, Eldredge, 1:10

FEC v, Haley, 1:11

FEC v, Maggin for Congress, 5:4

FEC v, MAPAC, 1:10

FEC v, NRA, 1:11

FEC v, Pryor for Congress Committee, 5:5

FEC v, Sailors' Union of the Pacific Fund, 2:3

FEC v. Wolfson, 4:8

Gramm v. FEC; FEC v, Gramm,

1:10

Alwin Hopfman v. FEC, 2:3

800 LINE

Designating a principal campaign commit

3:5

Transfer of candidate funds from state to 

eral committee, 1:8

FEDERAL ELECTION COMMISSION

999 EStreet NW

Washington, D.C. 20463

Official Business

OPINIONS

1985-26: Corporation's distribution of employee's political message, 1:7

1985-31: Affiliation between insurance corporation and agencies for purposes of PAC solicita tions, 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 life insurance policy, 1:8

1985-35: Solicitability 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 ac- . cepted prior to primary, 2:3

1985-42: Campaign funds used to pay candidate's rent, 3:4

1986-1: Vendor's offer to provide free tickets to

committee, 4:6

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.

June 1986