THE FEDERAL ELECTION 

COMMISSION 

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

Volume 4, Number 10 

REPORTS 

THIRD OUARTERL Y REPORT 

All candidates for Federal office and political committees supporting such candidates must file a third quarterly 

report of receipts and expenditures by October 1 0, 1978, if 

total contributions received or total expenditures made 

during the third quarter exceeded $1,000. In addition, 

those candidates or committees whose debts extinguished 

or debts incurred exceeded $1,000 during the quarter are 

required to file the quarterly report. If campaign finance 

activity did not exceed this reporting threshold during the 

quarter, candidates and committees are eligible for the 

quarterly report exemption. They may file FEC Form 3a 

(postcard form). or a letter containing the same informa· 

tion, instead of the full report of receipts and expenditures. 

Candidates and committees who filed FEC Form 3a for 

the first or second quarterly report and whose campaign 

finance activity during subsequent quarters did not exceed 

the $1,000 threshold, continue to be exempt from the 

quarterly report. They need not file a second postcard 

form. 

Candidates who have requested a personal reporting waiver 

need not file a personal candidate report on October 10. A 

political committee filing on a monthly basis (instead of 

quarterly) must file its report for the month of September 

on October 20. 

The quarterly report, filed on FEC Form 3 or 6 (with 

supporting schedules), is due on or before October 

10, 1978, and covers the period July 1, 1978, through 

September 30, 1978. However, in the case of candidates 

and committees who filed pre- or post-primary election 

reports after July 1, the third quarterly report should 

cover the period from the last report fi led through 

September 30. All reports are filed with the Clerk of 

the House, the Secretary of the Senate, or the Federal 

Election Commission, as appropriate. 

A packet of additional information will be sent to all 

registered candidates and committees. Questions or 

October 

requests for forms may be addressed to the Commissio

writing the Office of Public Communications or by c

in Washington, D.C. 202/523-4068 or toll-free 800

9530. 

PRE-GENERAL ELECTION REPORT 

All candidates for Federal office in the Nove

general election and all political committees suppo

such candidates must file a pre-election report of rec

and expenditures no later than October 28, 1978. 

report must be filed regardless of the amount of fina

activity. FEC Form 3a (postcard form) will not be 

sidered an adequate filing and should not be used fo

pre-election report. 

Political committees which file monthly reports, but w

have supported (i.e., made contributions or expend itur

behalf of) candidates in the general election, must als

the pre-election report. (This report, together with 

post-general election report and the year-end report, is 

in lieu of the November, December and January mo

reports.) Candidates who have a personal reporting w

however, need not file a personal candidate report. 

The report is due on or before October 28, 1978. If 

registered or certified mail, the report must be postma

no later than midnight, October 26, 1978. The r

should disclose all transactions (not previously repo

since the closing date of the last full report (Form 3 

through October 23, 1978. A previously filed pos

form is not considered a full report. Therefore, candi

and committees who previously filed a postcard for

lieu of a quarterly report must now disclose any t

actions occurring in that prior quarter which were 

reported. 

For details on where to file or for other information

article above. 

IN THE EVENT OF A MAIL STRIKE 

Any delay or interruption of mail services does not 

the reporting requirements of the Act. The Commissio

no authority to waive the quarterly, pre- or post-ele

reports required of candidates for Federal office 

political committees supporting such candidates. 

conti
considered timely filed if postmarked no later than midnight 12 days before the e lection. Post-election and quart erly reports are timely filed if postmarked registered or 

certified mail on their respective filing dates. However, in 

the event of a breakdown of mail delivery, the Commission 

urges all candidates and committees to make every possible 

effort to use alternative means to insure that their reports 

arrive in a timely manner at the filing offices. Among the 

options candidates and committees may wish to consider 

are: 

-- Package express services; 

-- Hand-delivery by someone traveling to Washington, D.C. 

and the State capital; 

-- Telephone copier services. 

The Commission also urges candidates and committees, 

in the spirit of public disclosure, to make their reports 

available to the public and media in their headquarters 

and local offices. 

FREQUENT REPORTING ERRORS 

Errors most frequently found in random audits were 

presented in a report approved by the Commission on 

August 10, 1978. The Report on the Random Audits 

Conducted of Congressional Elections, compiled from 106 

audits of Congressional candidates and their committees, 

summarizes the findings of the audits and describes the 

areas which posed particular problems for the candidates 

and committees. (For a summary of the Commission's 

pol icy used to select candidates for the random audits, 

see the September 1977 issue of the Record, p. 6 .) 

The Report revealed that the highest rate of error occurred 

for the most part with regard to some of the least complicated requirements of the Act. It further concluded that 

candidates and committees frequently accepted prohibited 

contributions from labor or corporate sources as well as 

contributions in excess of the limitations. 

The Report highlighted the four most frequent errors or 

omissions noted during the audits: 

1. Inadequate Supporting Documentation for Expenditures 

(11 CFR 102.9(c)) 

Many committees aud ited had not obtai ned and/or kept 

receipted bills, stating the particulars for expenditures in 

excess of $100 (or those which aggregated in excess of 

$100 to the same payee) d uring the calendar year. Where 

a receipted bill was not available, the committees had 

failed to keep, as an alternative, the canceled check 

showing payment, together with one of the following: 

-- The bill ; 

-- The invoice; or 

-- A contemporaneous memorandum of the transaction 

supplied by the payee. 

(2 u.s.c. §434(b)(2) & (9)) 

The committees frequently failed to itemize contri

tions from and expenditures to the same person wh

exceeded $100 during a calendar year. The lack 

itemization generally occurred when several transacti

with the same person collectively exceeded the $1

threshold. For example, a committee failed to item

its second and third expenditures of $50 and $75 

the same vendor after having made an initial expen

ture to the vendor of $100. 

3. Failure to Itemize All Transfers Received Or Made 

(2 u.s.c. §434(b)(4)) 

Committees did not always itemize all transfers, desp

instructions on the reporting forms and schedules. M

of the undisclosed transfers were in amounts of $100 

less, suggesting that the committees were unaware of t

requirement to itemize any transfer, regardless 

amount. 

4. Acceptance of Prohibited Contributions 

A substantial number of committees accepted contrib

tions from corporate and labor sources (2 U.S

§441 b). Committees also accepted contributions 

excess of dollar limitations (2 U.S.C. § 441a). 

In an effort to encourage voluntary compliance with t

Act, the Commission will send a special notice to all C

gressional cand idates and committees outlining t he Repor

findings and highlighting the major e rrors. The su bstance 

that special notice has been summarized here to benefit 

polit ical committees. 

OPINIONS 

PENDING ADVISORY OPINION REQUESTS 

The fol lowing chart lists pending Advisory Opin

Requests (AOR's), with a brief description of the subj

matter, the date the requests were made publ ic and 

number of pages of each request. The full text of ea

AOR is available to the public in the Commission's Off

of Public Records. 

Date Made Number 

AOR Subject Public Pages 

1978-62 Appl ication of the Act 8/ 18/78 4 

to activities of consumer organization. 

1978-63 Contributions to 8/21 /78 2 

deceased candidate's 

campaign. 

The RECORD is published by the Federal Election Commission, 7325 K Street_ N.W., Washington, D.C. 20463. Commissioners are: Joan D. Aikens, Chairman; Robert 0. Tiernan, Vice Chairman; Thomas E. Harris; William L. Springer; 

Neil Staebler; Vernon W. Thomson; J.S. Kimmitt, Secretary of the Senate, Ex Officio; Edmund L. Henshaw, Jr., Clerk 

of the House of Representatives, Ex Officio. For more informacion, call 523-4068 or toll free 800/424-9530. 

2 
Date Made Number of 

AOR Subject Public Pages 

1978-64 Limitations on contri- 8/24/78 

butions to Senate 

candidates. 

1978-65 Reporting obligation 8/ 28/78 2 

of unopposed candidate. 

1978-66 Preemption of California 8/28/78 2 

law prohibiting contributions by registered 

lobbyists. 

1978-67 Headquarters shared by 8/28/78 

Federal and non-Federal 

candidates. 

1978-68 Contributions made by 8/29/78 

credit card. 

1978-69 Designation of 1976 8/29/78 

committee for 1982 

election. 

1978-70 Solicitation of pledges 9/8/78 7 

for possible Presidential campaign. 

1978-71 Transfer of excess 9/8/78 2 

campaign funds. 

1978-72 Distribution and sale 9/8/78 5 

of pamphlet. 

ADVISORY OPINIONS: SUMMARIES 

Designated as AO's, Advisory Opinions discuss the 

application of the Act or Commission regulations to specific factual situations. Any qualified person requesting 

an Advisory Opinion, who in good faith acts in accordance 

with the opinion, will not be subject to any sanctions under 

the Act with regard to the activity in question. The 

opinion may also be relied on by any other person involved 

in a specific transaction which is indistinguishable in .all 

material aspects from the activity discussed in the Advisory 

Opinion. Those seeking guidance for their own activity 

should consult the full text of an Advisory Opinion and not 

rely only on the summary given here. 

AO 1978-10 (Part A) : Allocation of 

Party Expenses 

The Republican State Committee of Kansas (the Committee) should allocate expenses of registration and get-outthe-vote drives between Federal and non-Federal e lections 

in the same manner as other general party expenditures (11 

CFR 106.1 (c) & (e)). The portion of the expenses allocable 

to Federal candidates must be paid from funds contributed 

in accordance with the Act. Those costs which are allocated 

to non-Federal elections may be paid out of funds contributed in accordance with Kansas State law, including, if 

applicable, funds contributed by corporations or labor 

3 

organizations. NOTE: This conclusion modifies and sup

cedes the Commission's responses to Advisory Opini

Requests 1976-72 and 1976-83. 

Expenditures made for the Committee's drives need not 

considered contributions to a particular candidate f

Federal office unless the drives are made specifica

on behalf of such candidate. 

The Committee may use printed materials (such as sl

cards or sample ballots) in connection with the driv

which identify candidates for Federal office. The costs 

such materials would not be considered contributions 

have to be allocated to candidates provided the mater

were prepared in accordance with the slate card o r sam

ballot exemption in the Act (2 U.S.C. §431 (e)(5)(E) a

§ 431 (f)(4)(G)). 

Commissioner Thomas E. Harris filed a dissenting opini

A response to additional quest ions posed in AOR 1978

will be issued by the Commission at a future date. (Leng

including dissenting opinion: 7 pages) 

AO 1978-32: Payments for Appearances 

By Officeholder 

Senator Herman Talmadge may accept, as honorar

payments from individuals or separate segregated fun

for appearances he makes before them. Such payme

would not be considered contributions to Mr. Talmadg

campaign for reelection. As honoraria, however, t

payments would be subject to the limitations in 2 U.S

§ 441i. 

As a general rule, payments made to Senator Talmadg

principal campaign committee (the Committee) " ... m

be treated as contributions when the sponsor making 

contribution states that it is for the purpose of support

Senator Talmadge's reelection and is not a payment (h

orarium) for the Senator's appearance." As contributio

the payments are subject to the limitations and report

provisions of the Act. 

Without specific facts, the Commission would not conclu

categorically that all receipts regarded by the Committee 

contributions are not honoraria. The Commission has 

jurisdiction over any possible application of Senate Ru

or tax laws to the situations described. (Length: 4 pages

AO 1978-37: Use of Excess 

Campaign Funds 

Congressman Bruce Caputo may use contributions recei

by the Committee to Reelect Congressman Bruce Cap

(1978 Committee) to retire 1976 general election de

incurred by the Caputo for Congress Committee (19

Committee). The funds transferred by the 1978 Comm

tee would not be considered contributions to the 19

Committee (and, therefore, not subject to 1976 contri

tion limitations) provided: 

-- The contributions were originally made to influe

Mr. Caputo's 1978 election to Federal office; and 

-- The contributions were received by the 1978 Comm

tee before the date on wh ich Mr. Caputo ceased to 

a candidate for Federal office in 1978; and 
·· If the contributio.ns were received after the date on 

which Mr. Caputo ceased to be a candidate, they were 

received before Mr. Caputo had sufficient funds to 

retire 1978 campaign debts of his campaign for Federal 

office. 

Contributions which do not meet the above criteria must be 

regarded either as contributions made for the purpose of 

ret iring the 1976 debt o r as contributions for Mr. Caputo's 

campa ign for State office. Contributions to retire the 1976 

debt would be subject to the contribution I imitations for 

the 1976 general election. Contributions to a campaign for 

State office would not be subject to limitations under the 

Act. 

Mr. Caputo may also transfer excess campaign funds from 

the 1978 Committee to his campaign for State office. Such 

a transfer is not subject to limitation under the Act. However, any applicable State election laws wou ld not be pre· 

empted or superceded in these circumstances. 

The Commission has no jurisdiction over any application of 

State or Federal tax laws o r the Rules of t he House of 

Representatives to the situations descri bed. (Length: 5 

pages) 

AO 1978-38: Solicitation and/or Authorization 

Stat ements on Envelopes 

The Paula Unruh for Congress Committee (the Committee 

must include solicitation and/or authorization statements 

on envelopes used to mail contribution solicitations or on 

envelopes used for the return of contributions only if: 

·· The envelope contains on its face or back a solicitation 

for contributions; and/or 

-- The envelope contains on its face or back a communication wh ich expressly advocates t he e lection or defeat of 

a clearly identified candidate. 

In the first case, the statement regarding availabi lity of 

reports (2 U.S.C. §435(b)) must appear on the envelope. 

In the second case, the statement of authorization (2 U.S.C. 

§ 441d) must appear. If the envelope has a contribution 

solicitation and expressly advocates, then it must contain 

both statements. The mere printing of " ... the Committee's mailing address would under no circumstances be 

considered a communication that needed to include either 

the statement of authorization or the avai lability of campaign finance reports." (Length : 3 pages) 

AO 1978·40: Loans for Candidate's Personal 

Living Expenses 

Loans received by Ray Kogovsek, candidate for the U.S. 

House of Representatives, during the period when he was 

considering becoming a candidate for Federal office are 

considered contributions under the Act, even though the 

loans were used only to defray the personal living expenses 

of Mr. Kogovsek and his fami ly. 

Funds provided to a candidate solely to defray personal 

living expenses are contributions unless the funds are the 

candidate's "personal funds" as defined in the Commis· 

sion's regulations (11 CF R 11 0.1 0). The loans given to Mr. 

Kogovsek do not meet this definition and, therefore, are 

4 

contributions subject to the limitations of the Act. Th

loans must also be reported by the Ray Kogovsek f

Congress Committee. (Length: 5 pages) 

AO 1978-44: Intern Program Sponsored 

by Senator 

An annual summer intern program sponsored by Senat

Ted Stevens of Alaska is educationally oriented and n

campaign related. Therefore, funds donated to pay fo

travel expenses of the interns to Washington, D.C. a

not considered contributions to Senator Stevens. 

Because the funds donated for air fare are not contribute

to Mr. Stevens to support his activities as a Federal offic

holder, they are not subject to and need not be reporte

under Part 11 3 of the Commission's regulations. 

The funds are not considered to be donated for the purpo

of supporting Mr. Stevens' activities as a Federal offic

holder because: 

·· The funds are at no time under the dominion or contr

of Senator Stevens or his staff; 

·· The funds are donated specifically to defray the e

penses of intern travel; 

·· A travel agency in Alaska coordinates and disburses th

funds from a separate account established specifical

for the purpose. (Length: 3 pages) 

AO 1978-45: Rate of Payment 

for Billboard 

The North Kansas City Development Company (the Com

pany) will be considered to have made a contributio

in-k ind if it rents billboard space to Citizens for Colem

(Citizens). the principal campaign committee of a candida

for the House of Representatives, for less than the com

mercial rate for similar space. Because the rate proposed b

the Company for Citizens is lower than the "normal an

usual charge" of the billboard space and because th

Company does not routinely offer a similar discount 

commercial vendors, the difference between the normal an

usual rental charge and the discounted rate would 

considered a contribution in-kind to the candidate. T

Act prohibits contributions of any amount from corpor

tions. (Length : 2 pages) 

AO 1978-46 : Corporate Advertising in Connection 

With State Party Activities 

The Republ ican Party of Texas (the Party) may use corp

rate treasu ry funds (assuming such funds are permissib

under State law) to defray expenses of the Republic

State Convention (the Convention) which are not allocab

to Federal election purposes. If any activities at the Co

vention are in connection with Federal elections, t

Convention expenses allocable to Federal election purpos

must be paid from the separate Federal campaign comm

tee of the Party, established in accordance with the Com

mission's regulations at 11 CF R 1 02.6. Activities would 

considered in connection with Federal elections if th

involved : 

·· Soliciting, making or accepting contributions to infl

ence the results of Federal elections; or 

·· Communications expressly advocating the election 

defeat of a clearly identified candidate for Feder

office. 
Convention expenses allocable to Federal elections would 

not generally have to be further allocated to specific 

candidates for Federal office. However, allocation to 

specific candidates would be required if the expenditure 

was "made on behalf of a clearly identified candidate for 

Federal office to whom it could be directly attributed." 

The Party may also accept corporate funds for advertisements to be placed in a monthly party newsletter, provided 

such funds are permissible under State law. However, if any 

portion of the material published in the newsletter relates 

to Federal elections, then the newsletter expenses must be 

allocated between Federal and non-Federal elections. The 

Federal portion of the expenses must be paid from t he 

Federal campaign committee of the Party. Such expenses 

would not constitute a contribution to specific candidates. 

If, however, the newsletter contains communications which 

expressly advocate the election of clearly identified Federal 

candidates, " ... the expenses of the newsletter attributed 

to those communications . . . must be treated as general 

election expenditures of the Party under 2 U.S.C. §441 a 

(d)." Such expenditures must be paid from the Federal 

campaign committee of the Party. 

Commissioner Thomas E. Harris filed a dissenting opinion. 

(Length, including dissenting opinion: 6 pages) 

AO 1978-47: Contribution Limitations 

Since the Commission is still in the process of securing facts 

as to whether the Pennsylvania Medical Political Action 

Committee (PMPAC) and the American Medical Political 

Action Committee (AMPAC) are affiliated, the Commission 

cannot issue an advisory opinion concluding that the Don 

Bailey for Congress Committee may lawfully accept general 

election contributions totaling $8,000 from PMPAC and 

AMPAC. (Length: 2 pages) 

AO 1978-48: Use of Electrical Car 

in Campaign 

Senator James A. McClure may personally lease an electric 

car from the General Electric Company to commute from 

his Virginia residence to his office in Washington, D.C. 

However, if Mr. McClure ships the car to Idaho for use in 

his campaign for reelection, the cost of shipping the vehicle 

would be considered a contribution in-kind by Mr. McClure 

to his campaign committee. In addition, a reasonable 

portion of the cost of leasing this vehicl e must be allocated 

as a campaign expense, and be considered a contribution 

in-kind from Mr. McClure. (Length: 3 pages) 

AO 1978-49: Contribution In-Kind 

Congressman Ted Risenhoover need not consider a magazine advertisement expressly advocating his defeat as a 

candidate for Federal office as a contribution in-kind to his 

campaign, if the expenditure for the advertisement was 

made without the "cooperation or consultation" of Mr. 

Risenhoover, his campaign committee or any of his authorized agents. In this case, even though Mr. Risenhoover 

considered the advertisement as "good publicity" for his 

campaign, the expenditure for the advertisement would be 

regarded as an "independent expenditure" (by the person 

5 

placing the advertisement) not subject to limitation and no

reportable by Mr. Risenhoover's campaign committee

(Length: 2 pages) 

AO 1978-51: Contributions from American 

Indian Tribe 

The Friends of Eldon Rudd, a political committee, ma

accept a contribution from the Ak-Chin Indian Communi

(the Community). As a non-incorporated entity with n

corporate members, the Community is considered a "pe

son" as defined in the Act (2 U.S.C. §431 (h)), permitted t

make contributions. Contributions from persons may n

exceed $1,000 to any single candidate per election. 

during a calendar year, the Community contributes mo

than $1,000 to various candidates for Federal office (

political committees supporting such candidates), th

Community would then be considered a "political com

mittee" subject to the registration and reporting requir

ments of the Act. (Length: 2 pages) 

AO 1978-52: Participation in Corporate 

Educational Activities 

Congressman Allen E. Ertel may, under certain circum

stances, receive written materials prepared by the Su

Company (a corporation) without being considered to hav

accepted a prohibited corporate contribution. The Su

Company may lawfully prepare and distribute the materia

as internal communications to Sun executives and stoc

holders. The materials could also be prepared for lobbyin

purposes which are outside the Act and jurisdiction of th

Commission. 

Receipt of the materials by Mr. Ertel would not be 

"contribution" or "expenditure" because: 

-- " . . . There is no apparent purpose to influence [M

Ertel's) nomination or election to Federal office . .. 

and 

-- The materials "are not things of value which may b

'consumed' or utilized by [Mr. Ertel's) campaign 

a manner that might benefit or influence [his) cand

dacy." 

The Commission also based its conclusion on the fact th

only a single copy of the materials would be given to M

Ertel. (Length: 3 pages) 

AO 1978-53 (A-E): Contributions from Separate 

Segregated Fund 

Contributions received by five Congressmen from th

National Education Association's Political Action Comm

tee (NEA-PAC) in 1975 and 1976 do not have to be retur

ed as a result of the recent District Court decision in FEC 

National Education Association, et al. (For a summary 

the decision, see the September 1978 issue of the Recor

p. 4.) 

The decision held that a system of collecting politic

contributions used by NEA-PAC (the "reverse chec

off system") is prohibited by the Act (2 U.S.C. §441b

The Court's decision did not, however, address the questi

of the status of contributions already received by cand

dates or committees from NEA-PAC. 

continue
The Commission will not require the return of 1975 and 

1976 contributions, provided they are otherwise lawful 

under the Act, " . . . since the Commission has no evidence 

that [the candidates and committees] had any knowledge 

when NEA-PAC contributions were received that such 

contributions had, at least in part, been collected by a 

procedure which has now been held to be illegal. ... " 

This Advisory Opinion responds to requests submitted 

by five Members of the U.S. House of Representatives: 

Henry J. Nowak, Butler Derrick, John J. LaFalce, Edward 

Madigan and Ronald A. Sarasin. (Length of each opinion: 

2 pages) 

AO 1978-54: Preemption of Alabama 

State Law 

The Federal El ection Campaign Act preempts and super· 

cedes the requirements of an Alabama Law (Chapter 22 of 

Title 17, Code of Alabama 1975) regarding the designation of pol itical committees by candidates for Federal 

office. The Act and the Commission's regu lations pro· 

vide that State law is preempted and superceded with 

respect to: " the organizat ion and regist ration of political 

committees supporting Federal candidates, the reporting 

and disclosure of pol itical contributions and expenditures 

to and by candidates to Federal office and pol itical committees supporting them, and limitations on contributions 

and expenditures regarding Federal candidates and pol itical 

committees." 11 CFR 108.7(b). (Emphasis added.) 

(Length: 3 pages) 

AO 1978-58: National Party Committee 

The Pyramid Freedom Party is not considered to be a 

"national committee," as defined in the Act, because 

it has not yet demonstrated sufficient activity on a national 

level. 2 U.S.C. §431 (k). Therefore, because it supports 

only a candidate for the office of President, it wi ll be 

regarded as a single candidate comm ittee for purposes of 

the reporting requirements and contribution limitations of 

the Act. 

FEC PUBLIC APPEARANCES 

In keeping with its objective of making information available to the public, the Federal Election 

Commission regularly accepts invitations for its 

representatives to address public gatherings on the 

subject of campaign finance laws and the Commission 

itself. This regular column l ists scheduled Commission appearances, the location of the event and the 

Commission's representative. 

10/3 Cornell Club of Washington 

Washington, D.C. 

Chairman Joan Aikens 

10/20 President's Forum 

American Paper Institute 

Pebble Beach, Cal ifornia 

Chairman Joan Aikens 

Examples of actiVIty on a national level noted by 

Commission included: 

·· Nomination of Presidential and Vice Presidential ca

dates; 

·· Nomination of numerous candidates for the Senate 

House of Representatives in various States; 

·· Activities outside of those directly involved in a spe

election (e.g., voter registration or get-out-the-v

drives, organization of volunteer workers, publiciz

issues of importance to the party, etc.) (Length: 

pages) 

AO 1978-60: Use of Network 

Television Tape 

Use of a NBC videotape by Congressman Harold S. Saw

in connection with his campaign for reelection to Fed

office would constitute a prohibited contribution in-k

by a corporation, because the videotape was made and t

given to him free of charge by NBC. 

Congressman Sawyer may, however, use a copy of 

videotape for campaign-related activities if he first p

NBC the usual and normal charge for such film. "Usual 

normal charge" would be "the amount which NBC re

larly charges for videotape copies to any person w

having appeared in an NBC newscast, requests a copy 

the videotape segment." On the other hand, if NB

established policy and practice is to provide such vid

tape segments free of charge to any individual w

appeared in a newscast, the free film given to Congressm

Sawyer would not constitute a contribution in-kind 

could be used in connection with campaign-related a

vi ties. (Length: 3 pages) 

AO 1978-64: Contributions by 

Party Committee 

The National Republican Senatorial Committee m

give up to its l imit of $17,500 to the 1978 Senate campa

of John Warner, even though the Committee had previou

given that amount to the 1978 Senate campaign of the 

Richard Obenshain. Mr. Warner was selected as the 

Republican nominee for the Senate in Virginia upon 

death of Mr. Obenshain. The limitations "relate t

particular candidate for the Senate rather than a partic

Senate seat." 2 U.S.C. §441a(h). (Length: 2 pages) 

STAFF 

FISCAL YEAR 1980 BUDGET 

On August 24, 1978, the Commission approved 

proposed budget for Fiscal Year 1980. The budget req

of $10,697,620 contains 41 program packages presented 

the Commission's Budget Task Force by the division he

and provides for 303 permanent employees. 

The Commission is required to submit its proposed bud

to the Office of Management and Budget by Septembe

1978. It concurrently submits it s proposed budget to 

Congress. 
THE LAW 

IN THE COURTS 

LITIGATION STATUS INFORMATION 

The following is a list of new I itigation involving the 

Commission, together with the date the suit was filed, the 

Court involved, the Docket Number and a brief description 

of the major issue(s) involved in the case. Persons seeking 

additional information on a particular case should contact 

the Court where the suit is filed or the Federal Election 

Commission. 

Martin Tractor Company, et al. v. FEC, et al., U.S. District 

Court for the District of Columbia, Docket Number 

78·1250, July 7, 1978. 

Suit challenging constitutionality of 2 U.S.C. 

§441b, which limits corporate solicitations of 

contributions to separate segregated funds. 

National Chamber Alliance for Politics, et al. v. FEC, et al., 

U.S. District Court for the District of Columbia, Docket 

No. 78-1333, July 20, 1978. 

Suit chal lenging constitutionality of 2 U.S.C. 

§441 b, which prohibits separate segregated 

funds from soliciting political contributions 

from other separate segregated funds. 

FEC v. James E. Cunningham, et al., U.S. District Court for 

the Eastern District of Louisiana, Docket No. 78·2519, July 

31, 1978. 

The Commission alleges that the defendant 

violated the Act by making illegal contributions. 

FEC v. Hall-Tyner Election Campaign Committee, et al., 

U.S. District Court for the Southern District of New York, 

Docket No. 78 CIV 3508, August 1, 1978. 

The Commission alleges that the defendant 

violated the Act by failing to obtain and report 

required contributor information. 

FEC v. Central Long Island Tax Reform Immediately Committee, et al., U.S. District Court for the Eastern District of 

New York, Docket No. 78 C 1658, August 1, 1978. 

The Commission alleges that the defendant 

violated the Act by failing to report independent expenditures and by fail ing to place 

required statements on publications. 

FEC v. The Spotlight, et al., U.S. District Court for the 

District of Columbia, Docket No. 78-1544, August 17, 

1978. 

The Commission alleges that the defendant 

violated the Act by failing to report indepen· 

dent expenditures, by failing to place required 

statements on publications, and by making 

illegal corporate contributions. 

7 

COMPLIANCE 

FEC PUBLISHES NAMES OF NONFILERS 

The Commission is required by the Federal Elect 

Campaign Act to publish the names of candidates and p

tical committees who fail to file required reports of rece

and expenditures. Before publishing the name of a ca

date or committee who has failed to file, the Commiss

sends them at least two notices. If, following receipt 

these notices, a candidate or committee continues no

file the required reports, the name of that "nonfiler

made public. The following is a list of recent nonf

actions taken by the Commission: 

Publication 

Date 

8/19/78 

8/21/78 

8/ 21/78 

8/21/78 

9/2/78 

9/6/78 

9/6/78 

9/6/78 

9/6/78 

9/6/78 

9/9/78 

9/9/78 

9/9/78 

9/9/78 

9/9/78 

9/9/78 

9/9/78 

9/9/78 

9/9/78 

9/ 14/78 

Report Not 

Filed 

Oklahoma 

(Pre-Primary) 

June 20 

(Monthly) 

Kentucky 

(Post-Primary) 

Oregon 

(Post-Primary) 

Alabama 

(Pre-Primary) 

California 

(Post-Primary) 

Mississippi 

(Post-Primary) 

Montana 

(Post-Primary) 

New Jersey 

(Post-Primary) 

Ohio 

(Post-Primary) 

Arizona 

(Pre-Primary) 

Colorado 

(Pre-Primary) 

Florida 

(Pre-Primary) 

Minnesota 

(Pre-Primary) 

New Hampshire 

(Pre-Primary) 

New York 

(Pre-Primary) 

Rhode Island 

(Pre-Primary) 

Wisconsin 

(Pre-Primary) 

Wyoming 

(Pre-Primary) 

Louisiana 

(Pre-Primary) 

Numbe

Nonfile

3 

3 

3 

23 

2 

4 

3 

3 

2 

8 

6 

2 
CLEARINGHOUSE 

ADVISORY PANEL MEETS 

The sixth meeting of the FEC's Clearinghouse Advisory 

Panel took place in Albuquerque, New Mexico on August 

14-15, 1978. Chairman Joan D. Aikens, Vice Chairman 

Robert 0. Tiernan and the Clearinghouse staff met with the 

20 Panel members in numerous discussion sessions. 

The Panel reviewed several projects being undertaken by 

the Clearinghouse, including Contested Elections and 

Recounts, and Bilingual Election Services. Further discussions focused on three major areas of interest: 

-- The need for regional seminars on election administration; 

-- Research efforts in the area of redistricting and reprecincting; 

-- Research efforts on the subject of initiative and referendum provisions. 

Concurrent with the Panel sessions, the Clearinghouse 

conducted several separate meetings on the following 

projects: Bilingual Registration and Election Services, 

Registration File Maintenance Procedures, Training of 

Election Officials, and Registration and Election Statistics. 

ELECTION CASE LAW AND ELECTION 

LAW UPDATES AVAILABLE 

The Clearinghouse recently announced that the quarterly editions of Election Case law '78 and Election law 

Updates '78, are now available for purchase. These cumulative pub I ications provide up-to-date information on all 

State and Federal e lection case law and legislation. 

Election Case law '78 contains a summary of all litigation 

decided between January and June of 1978. It includes an 

alphabetic table of the cases and a comprehensive subject index. The volume is divided into three 

sections: Supreme Court, Federal Court and State Court 

decisions. 

FEDERAL ELECTION COMM ISSION 

1325 K STREET, NW 

WASHINGTON, DC 20463 

OFFICIAL BUSINESS 

Election law Updates 

78 contains a summary o

Federal and State legislation enacted in the first 

quarters of 1978. The report includes both a Stat

State synopsis of the legislation enacted at the State 

and a listing of proposed Federal legislation. The vo

further contains an appendix summari zing 1977 legisl

To purchase a copy of either report, send $7.50 (or $

for both) together with the report title (Election Case 

'78 First and Second Quarters; Election law Update

First and Second Quarters) to: 

NTIS- Sales Desk 

U.S. Department of Commerce 

5285 Port Royal Road 

Springfield, VA 22161 

CHANGE OF ADDRESS 

Record subscribers, when calling or mailing in 

change of address. are asked to provide the followin

information: 

Name of person to whom the Record is sent; 

Old address; 

-- New address; 

-- Subscription number. 

The subscription number is located in the upp

left hand corner of the mailing label. It consists 

three lett ers and five numbers (e.g., ABC12345

Without this number, there is no guarantee that yo

subscription can be located on the computer. 

Note: Registered candidates and committees a

automatically sent the Record and do not have th

subscription number on their mailing labels. An

change of address by a registered entity, must, b

law, be made in writing as an amendment to FE

Form 1 (Statement of Organization for a Politic

Committee) or FEC Form 2 (Statement of Cand

date). and be placed on the public record. 

FIRST CLASS MAIL 

POSTAGE & FEES PAI

FEC 

WASHINGTON, D.C. 

PERM IT NO. G-31