Volume 11 . Numbe

2 FEDERAL REGISTER NOnCES

2 ADVISORY OPINIONS

800 LINE

4 State and Local Party Activities

INFORMATION

8 Contributor Index for State Access Progr

9 Costs of FEC Indexes Cut

COURT CASES

7 LaRouche v. State Board of Elections

7 FEC v. Committee to Return Stack to Co

,ress

8 F v. Anderson

8 New Litigation

PRESIDENTIAL ELECTIONS

3 FEe Determines McGovern Repayment

STATISTICS

6 PAC Financial Activity, 1983-84

REGULATIONS

1 Hearings Held on Contribution Limits

2 Repayment RUles Prescribed

TABLE OF CONTENTS

REPORTS

Texas Runoff

PUBLICATIONS

9 Three Elections Publications Available

10 Free Publications: Order Form

FEe WILL BOLD BEARING ON CONTRffiUTIO

LIMITS

On October 16, 1985, the Commission 

hold a public hearing on suggested revisions 

FEC Regulations governing the contribution 

its. 11 CFR 110.1 and 110.2. The FEC has sch

uled the hearing for 10:00 a.m. in its Washin

offices. (On April 17, 1985, the Commission p

lished a notice of proposed rulemaking in 

continued on 

1325 KStreet NW Washington DC 20463

RECORD SUBSCRIBERS

TAKE NOTE!!

If you recently received a subscription

renewal notice, you must return the card

to the FEC this month to continue your

free subscription to the Record.

To save taxpayers' money, we are revising our mailing list to include only those

individuals who indicate that they want to

continue their subscriptions. If you did not

receive the renewal notice, your subscription to the Record will continue automatically. (The treasurers of all political committees will continue to receive the

Record.)

August 1985

Closing

Date ef Mailing Filing

Report Books Date Date

Pre-Runoff Election 7/14/85 7/19/85 7/22/85

Post-Runoff Election 8/ 23/ 85 9/2/85 9/2/85

Semiannual Report is waived.

FEDERAL ELECTION COMMISSION

- :mAS

On

RUNOFF

August 3,

ELECTI~N 1985, Texas will hold a special

runoff election in its lst Congressional District to

fill the seat vacated by Rep. Sam B. Hall, Jr.

Texas has scheduled the runoff election because

no candidate received a majority of the votes in

the first special election, held on June 29, 1985.

Authorized committees of candidates participating in the runoff must file pre- and postelection reports for the runoff.

Similarly, all other political committees

which support candidates in the runoff election

(and which do not report on a monthly basis) must

follow this reporting schedule, as appropria teo

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

_

t o be actively pursuing election to this House

seat. All other committees supporting candidates

in the runoff election should contact the Commission for more information on required reports.

Call 202/523-4068 or toll free 800/424-9530.

•
2

The Record is published by the Federal Election Commission, 1325 K Street, N.W., Washington,

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

Lee Ann Elliott; Danny Lee McDonald; Thomas E. Harris; Frank P. Reiche; Jo-Anne Coe,

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

Ex Officio. For more information, call 202/523-4068 or toll-free 800/424-9530.

FEDERAL ELECTION COMNIISSION \blume11, Numl:e

-...,.~-~_. _. ~~_. --_.~ ~~~'-r~ .~ =~J ~-..,----,;~~""'~~~-

~~ : z ." .': : . ," ,~. _~'-~-.~r~~~~~-' ':-;~;.~ ~"; ~:.; :

_~ 0--+O'.-~.-l~_~~ _ -'"__~_ >--~:::.:~ ~4~.0.L~.~~"""

1985-19 Joint purchase and use of computer sy

tem by candidate committee and co

poration. (Date made public: June 

1985; Length: 3 pages)

AOR Subject

1985-20 Joint development, ownership and use 

donor mailing list by candidate comm

tee and corporation. (Date made publ

June 20, 1985; Length: 2 pages)

1985-7 11 CFR 100.7(b)(I), 100.8(b)(I) and 101

Effective Date for Testing-the-Wate

Regulations (50 Fed. Reg. 25698, Ju

21, 1985)

1985-8 11 CPR Parts 9007 and 9038: Repa

ments by Publicly Funded President

Candidates: Final Rules; Announceme

of Effective Date (50 Fed. Reg. 2635

June 26, 1985)

1985-9 Notice of Filing Dates for Texas Spec

Runoff Election (50 Fed. Reg. 2865

July 15, 1985)

1985-10 11 CFR 110.1 and 110.2: Notice of Hea

ing on Proposed Rules Governing Cont

bution Limits (50 Fed. Reg. 29232, Ju

16, 1985)

ADVISORY OPINION REQUESTS

The following chart lists recent requests f

advisory opinions (AORs). The full text of ea

AOR is available in the Commission's Office 

Public Records.

FEDERAL REGISTER NOTICES

Copies of notices are available in the Pub

Records Office.

Notice Title

August 1985

Federal Register to seek comments on the proposed revisions. See 50 Fed. Reg. 15169)

Those interested in testifying at the hearing

should submit written comments by October 1,

1985. Parties who wish to testify, but who have

previously submitted written comments, must also

notify the FEC in writing by October 1. Requests

and written comments should be addressed to Ms.

Susan E. Propper, Assistant General Counsel, 1325

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

Propper may also be contacted by calling

202/523-4143 or toll free 800/424-9530.

FEC PRESCRIBES REPAYMENT RULES

On June 26, 1985, the Commission prescribed

revised rules governing the repayment of public

funds used by publicly funded Presidential candidates. II CFR Parts 9007 and 9038. (50 Fed. R~

26354) The FEC originally submitted the propose

rules to Congress on August 17, 1984. However,

the 30 legislative days had not expired when

Congress adjourned on October 12, 1984. The

agency therefore resubmitted the rules on March

5, 1985.

The proposed rules will make the FEC's repayment formula consistent with recent decisions

by the U.S. Court of Appeals for the D.C. Circuit

in Kennedy fol." President v. FEC and Reagan for

President v. FEC. (See page 4 of the September

1984 Record fol." a summary of these suits.)

Rather than stipulating full repayment of nonqualified expenses, the revised repayment formula

requires a partfal repayment based on the ratio of

federal funds to total funds received by the

candidate (both private and federal funds). The

Commission will apply this formula to any necessary repayments for nonquaIified campaign expenses incurred by the 1980 Presidential primary

campaigns: of Edward Kennedy and Ronald Reagan

and by publicly funded Presidential candidates in

1984 and thereafter.

The revised rules were published in the

Federal Re ister on March 8, 1985. (50 Fed. Reg.

9421 Copies are available from the Information

Services Division. Call 202/523-4068 or, toll free,

800/424-9530.
FEDERAL ELECTION COrvlrvllSSIOI\J \bIume11, Numoo- 

FEe MAKES PINAL DETERMINATION

ON McGOVERN REPAYMENT

On June 13, 1985, the Commission made 

final determination that Friends of George M

Govern, the principal campaign committee f

George McGovern's 1984 primary campaign, mu

repay the U.S. Treasury $25, 104.99 in nonqualifi

campaign expenses.

* On JUly 10, 1985, the M

Govern campaign made the repayment to the U

Treasury.

In an oral presentation before the FEC 

April 24, 1985,** the McGovern campaign a

serted that the portion of the Commission's init

repayment determination concerning salary pa

ments to Mr. McGovern (i.e., $50,000) constitut

qualified campaign expenses. Consequently, t

campaign argued, a pro-rata portion of the sala

(i.e., $13,549.32) did not have to be repaid to t

U.S. Treasury.***

In rejecting the McGovern campaign's po

tion, the FEC stated that "the Matching Payme

Account Act [did] not permit [the use of] publ

funds to pay a salary to a publicly financed cand

date•••.To argue that a candidate may take pub

funds for his or her personal benefit does n

comport with the fundamental purpose underlyi

the Matching Payment Account Act, i.e., to he

defray the campaign costs incurred by eligib

candidates in seeking their party's nomination f

the office of President."

The Commission therefore concluded th

"committee payments to a candidate for 'sala

are per se nonqualified, However, even if sala

payments were considered to be qualified cam

paign expenses if shown to be 'in connection wi

the campaign, the Committee has failed to d

monstrate that salary payments were made 

connection with Mr. McGovern's earnpaign,"

"'The public fUJ'lfling statutes require Pres

dential candidates to repay the U.S. Treasu

public funds which were used for nonquaUfi

campaign expenses. 26 U.S.C. 9038(b)(2).

"''''For a sumary of the campaign'S argument

see p, 6 of the June 1985 Record.

"'''''''Under the Commission's newly prescribe

rules (see p, 2), when a campaign incurs rumqua

fied expenses, the committee must make a repa

ment based on the ratio of federal flDlds to tot

funds received 1Yy the candidate (both private an

federal fu.nds). 11 CFR 9038.

3

Subject

Eligibility of corporation's account managers for PAC solicitations. (Date made

public: June 20, 1985; Length: 2 pages,

plus 3-page supplement)

Campaign funds used for evening attire

worn by candidate and wife to political

functions. (Date made public: June 21,

1985; Length: 1 page)

August 1985

1985-22

AOR

.1985-21

ADVISORY OPINIONS: SUMMARIES

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

specific situation described in the AOR. Any

qualified person who has requested an AO and

acts in accordance with the opinion will not be

subject to any sanctions under the Act. Other

persons may rely on the opinion if they are

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

discussed in the AO. Those seeking guidance for

their own activity, however, should consult the

full text of an A0 and not rely only on the

sum mary given here.

A AO 1985-1'1: Congressional Scholarship

.,The congress: Youth Leadership Council (the

Council), a nonprofit corporation guided by a

bipartisan honorary board of over 65 U.S. Senators

and Representatives, may use funds raised from

corporations, foundations, community groups and

individuals in the Senators' and Representatives'

respective home states and districts to finance a

Congressional Scholarship Trust. See also AOs

1979-67, 1982-31 and 1982-60. The Council plans

to use the Trust to finance: 1) student internships

in Congressional offices and on Congressional

committees and 2) a scholarship program in the

name of various Senators and Representatives,

which will allow their student constituents to

attend Council conferences. The Trust funds

would not be considered "contributions" or "expenditures" subject to the Act, provided students

who receive the funds do not engage in federal

election campaign activity. (Date issued: June

21, 1985; Length: 2 pages)
August 1985 FEDERAL ELECTION COMMISSION

STATE AND LOCAL PARTY ACTIVITIES

Expanded Role for Local Groups

In 1979, Congress adopted several amendments to the Federal Election Campaign Act

which directly affected state and local committees of political parties. Under these amendments, Congress exempted certain types of party

activities from the definitions of "contribution"

and "expenditure" in order to encourage volunteers to work with local and state party organizations and to facilitate voter registration and getout-the-vote efforts on behalf of Presidential and

Vice Presidential nominees. As a result, now an

(unregistered) party organization may produce and

distribute slate cards and campaign materials or

conduct voter registration and get-out-the-vote

activities on behalf of Presidential nominees

without making a contribution or expenditure on

behalf of any candidate, and the group generally

does not have to register or report.* Local, state

and national party committees (registered under

the Act) may conduct these activities in addition

to making contributions. Even though the exempt

activities are not considered contributions or expenditures, they do have to be reported.

These activities must, however, meet certain

conditions in order to qualify as "exempt party

activities." (Otherwise, the activities may be considered contributions or expenditures.) The paragraphs below explain the conditions required for

each type of "exempt activity."

Qualifying Conditions

I. Slate Cal'd/Sample Ballot

A state or local party committee or organization may prepare and distribute a slate card,

sample ballot, palm card (or other printed list)

naming candidates for any public office. 11 CFR

100.7(b)(9) and I OO.8(b)(l 0).

Payments made exclusively by these groups

for slate cards, sample ballots, palm cards (or

other printed lists) are not considered contributions or expenditures if the following conditions

are met:

"If, however, a local party organization

spends more than $5,000 a year on exempt activities, the organization becomes a political committee and must register with the FEC. 2 U.S.C.

431(4)(C)

4

\bIume 11, Numo

No Prohibited Ftmds. If the list includes b

federal and state (or local) candidates, the p

must attribute a portion of the cost to the fed

candidates. Payment of this portion must be 

from funds that are permissible under the Act.

Three Candidates. The list must name 

least three candidates running for election (

ducted within the state) to any public office.

No Public Advertising. No public poli

advertising may be used in displaying the list, 

it may be distributed by direct mail. * **

Information Restricted. The content of 

list is limited to the identification of the 

didatels) (pictures may be used), the office 

position currently held, the elective office so

and party affiliation. Certain voting informat

such as time, place and instructions on votin

straight party ticket, may be given. The list 

not include, however, additional biographical 

on candidates, their positions on political issue

statements on party philosophy. AOs 1978-9 

1978-89.

2~ Campaign Materials

A state or local party committee or org

zation may pay for campaign materials (such 

pins, ~u~per stickers, handbills. or brochures) 

are distributed by volunteers In connection 

activity on behalf of the party's nominees for 

general election. II CFR IOO.7(b)(15) and 1

(b)(l6). The payments are not considered contr

tions or expenditures if the following condit

are met:

No Prohibited Funds. If the materials sup

both federal and state (or local) nominees, 

party must attribute a portion of the costs to 

federal nominees. Payment of this portion m

be paid from funds that are permissible under 

Act.**

No Excessive Payments From State ca

dates. If a state or local candidate helps pay 

the campaign materials, the candidate's paym

to the party for the materials may not exc

his/her share of the expenses.

VolWlteers Only. Materials must be di

buted by volunteers.

#I "Contributions which comply with the e

tion law's contribution limits and which do 

come from prohibited sources such as corp

tions, labor organizations and foreign nationals

.......Advertising to the general public throug

broadcasting station, newspaper, magazine, 

outdoor advertising facility (such as a billboa

11 CFR 100.7(b)(l5)(i), 100.7(b)(17)(i) and 10

(a)(1).
FEDERAL ELECTION COMMISSION \,bIume 11, NumOO

Reporting Requirements

When filing reports, Committee treasur

should include payments for "exempt" activit

on Line 19 of the Detailed Summary Page, as p

of the total operating expenditures for the 

spective reporting period. Itemization on a s

porting Schedule B is required for any payee w

receives more than $200 in the aggregate dur

the calendar year. The Commission recommen

that, in addition to disclosing the .usual inform

tion for expenditures - amount of the exem

activity, the payee's full name and mailing 

dress, the date, and an adequate description 

purpose - 'a committee should note "exempt ae

vity,"

Any payments for slate cards, campaign m

terials or voter registration and get-out-the-v

efforts which do not qualify under the exempti

(l.e., they do not satisfy all the conditions of 

Act and FEC Regulations) should be disclo

either as in-kind contributions on Schedule 

supporting Line 21, or as coordinated expenditu

on Schedule F, supporting Line 23. For example

a party committee conducts a phone bank 

behalf of a specifically identified general elect

candidate for the House or the Senate, and ref

ence to the candidate is more than incidental 

the overall message being communicated, the c

should be allocated to the candidate as either 

in-kind contribution or a coordinated expen

ture.·····

Assistance from FEe

If you are interested in learning more ab

these special party activities, you may want 

request a free copy of "Local Party Activity,

brochure published by the Federal Election Co

mission. Or you may wish to attend a spec

workshop on party activity. To obtain more inf

mation on party activities, or to order materi

or inquire about workshops, call the Informat

Services Division, 800/424-9530 or, in Washingt

D.C., 202/523-4068.

Incidental Reference to Congressional can

dates. Any reference to a candidate for the U

House or Senate must be merely incidental to 

overall activity. Otherwise, the cost that is att

butable to the House or Senate candidate is 

contribution or coordinated expenditure on beh

of that candidate.

****ltUnder 2 US.C. 441a(d) and 11 CFR 110

a local or county committee must be authoriz

by either the national or the state committee 

the political party prior to making any coo

dinated expenditures on behalf of nominees 

volved in the general election.

5

No Fw1ds Prom National Committee. The

payments must not be made from transfers made

by the national party committee specifically to

fund voter registration and get-out-the-vote efforts; nor may the national committee give materials to the state or local committee or organization for distribution.

No Designated Contributions. The payments

must not be made from funds designated for a

particular candidate.

Volunteers Only. If a phone bank is used for a

drive, it must be operated by volunteers.

No Prohibited Funds. If the drive supports

both federal and state (or local) nominees, the

party must attribute a portion of the costs to the

federal nominees. Payment of this portion must

be made from funds that are permissible under

the Act." See II CFR 104.10 and 106.1(a) and

(b).

No Funds From National Committee. The

payments must not be made from transfers made

by the national party committee to fund the

activity; nor may the national committee give

materials to the state or local committee or

organization for distribution.

No Public Advertising or Direct Mail. The

party committee or organization may not use

public political advertising,··· and it may not

distribute materials by direct mail....,.,

3. Voter Drives for Presidential Nominee

Subject to the conditions below, a state or

local party committee or organization may conduct a', voter registration or get-out-the-vote

drive on behalf of its party's Presidential and Vice

Presidential nominees for the general election.

11 CFR 100.7(b)(17) and 100.8 (b)(18). See also 11

CFR 106.l(c)(3) and 1l0.7. The following conditions must be met:

No Public Advertising or Direet Mail. The

party committee or organization may not use

public political advertising,"·· and it may not

distribute rnaterials by direct mail•••••

No Designated Contributions. The payments

must not be made from funds designated for a

particular candidate.

August 1985

ltltltltDirect mail is a mailing by a commercial

vendor or by using commercial lists. 11 CFR

100.7(b)(15)(i) and lOO.7(b)(17)(i).

•
'vblume 11 ,Numo

Status of Candi

II OpenSeat

Challenge

o Incumben

$4.4 million increase over total contributions 

the major parties in the previous cycle. Of 

total contributed, $3.2 million went to the Rep

licans and $7.2 million, to the Democrats.

PACs made independent expenditures to

ing $22.2 million to advocate the election 

defeat of Congressional and Presidential can

dates. Most of the expenditures ($16.5 milli

were made on behalf of Presidential candidates

PACs began the 1983-84 election cycle w

$31.7 million on hand. They raised an additio

$288 million and spent a total of $265 million. 

the end of the cycle, they retained $55.1 mil

and were $9.4 million in debt.

The FEe study showed that 4,345 PACs w

registered with the FEC at some point dur

1983-84. By the end of 1984, while 4,009 PACs 

mained in existence, only 3,006 PACs actua

made contributions to federal candidates.

More detailed information on 1983-84 P

financial activity may be obtained from the fo

volume FEC Reports on Financial Activity, 19

84, Interim Report No. 10: Party and Non-Pa

Political Com mittees. Copies are available at 

per volume from the FECls Office of Pub

Records, 1325 K Street, N.W., Washington, D

20463. Checks are payable in advance to the FE

Republican Candidates

6

---~~--------

---~---I

FEDERAL ELECTIOI\J COMMISSION

o

Democratic Candidates

30 -"------.-.

10

August 1985

Millions of Dollars

50

40

PAC SUPPORT TO

CONGRESSIONAL CANDIDATES: 1983-1984

FINANCIAL ACTIVITY OF PACS, 1983-84

During the 1983-84 election cycle, House and

Senate incumbents campaigning for reelection in

1984 received $74.8 million from political action

committees (PACs), representing 71 percent of

the total contributed by PACs to federal candidates. (i.e, Congressional and Presidential candidates). The chart below depicts PAC support

provided to all 1984 House and Senate candidates

by party affiliation and type of candidate.

A recent FEC study showed that, although

total PAC contributions to 1984 Congressional

candidates were greater than in previous cycles,

the rate of increase in PAC giving was less

dramatic than in previous cycles. PAC contributions to 1984 Congressional candidates increased

28.5 percent over total contributions to 1982

candidates, while PAC contributions to 1982 Congressional candidates increased 45.5 percent over

1980 contributions.

During 1983-84, PACs contributed $10.4 million to the Democratic and Republican parties, a
FEDERAL ELECTION COMMISSION \rblume 11 ,Numt

access to the State's Presidential primary ba

did not violate due process of law. Neverthel

the court found that the Board had erred 

denying Mr. Laltouche ballot access. The co

was persuaded by Mr. LaRouche's argument t

the FEC's refusal to certify his eligibility 

matching funds was erroneous. The court the

fore issued a preliminary injunction barring 

primary election. (Subsequently, the appeals co

stayed the district court's injunction and the 

mary election was held without Mr. Lalcouc

name on the ballot.)

Appeals Court Ruling

The appeals court agreed with the dist

court's conclusion that the state could lawf

adopt the Federal criteria. However, the app

court found that "the record discloses t

LaRouche had not complied with 26 U.S

§9033(a)(3), providing that the candidate agree 

pay amounts owed based on FEC audits. Due 

Lalcouehe's failure to honor his §9033(a)(3) ag

ment concerning the 1980 Presidential elect

the FEC legitimately concluded that LaRoue

§9033(a)(3) agreement for the 1984 Presiden

election was inadequate." Consequently, "s

LaRouche did not fulfill all the federal crite

the district court erred in enjoining the prim

election from proceeding without LaRouc

name on the ballot,"

FEC v. COMMITI'EE TO RETURN

STACK TO CONGRESS

On May 18, 1985, the U.S. District Court 

the Southern District of Florida, Miami Divis

issued a consent order against the Committe

Return Stack to Congress (the principal camp

committee for Edward J. Stack's 1982 Ho

campaign) and the Committee's treasurer, Pi

C. Johnson. (Civil Action No. 85-6120) The co

declared that:

o Mr. Johnson had violated the election law 

making excessive contributions to the Com

tee's 1982 primary and general election c

paigns. 2 U.S.C. §441a(a)(l)(A). The Commit

in turn, had violated the law by knowi

accepting the contributions. 2 U.S.C. §441a

o Both Mr. Johnson and the Committee had 

lated the election law by filing the Com mitt

1983 mid-year report 309 days late. 2 U.

§434(a)(2)(B)(i).

The court imposed, and the defendants 

greed to pay, civil penalties and reasonable c

and attorney's fees incurred by the FEC.

contin

7

District Court Ruling

The district court found that the state's adoption of the Federal matching fund eligibility

requirements as part of the requirements for

August 1985

LaROUCHE v. STATE BOARD OF ELECTIONS

On April 4, 1985, the U.S. Court of Appeals

for the Fourth Circuit issued an opinion in

LaRouche v. State Board of Elections, which reversed a rului.g by the U.S. DIstrict Court for the

Western District of North Carolina concerning

Mr. LaRouche's eligibility for the ballot. The district court had ruled that Lyndon H. LaRouche, a

publicly funded Presidential primary candidate in

1984, had met the ballot access requirements for

the staters 1984 Presidential primary. The appeals

court found that the district court had erred in

issuing a preliminary injunction to bar holding the

primary election without Mr. LaRouche's name on

the ballot. Finally, the appeals court noted that,

although its ruling came after the 1984 Presidential primary and general elections had been held,

the appeal was "not moot because it presentledl

facts which [were] 'capable of repetition, yet

evading review.' I! See 758 F.2d 998 (1985).

BackgroWld

To qualify for Presidential primary ballot

access under North Carolina law, an individual

must meet the eligibility requirements for Presidential primary matching funds spelled out in 26

U.S.C. §9033. Under this section, among other

requirements, the candidate must agree to repay

any funds which, based on an FEC audit of the

candidate's campaign, are owed to the U.S.

Treasury. II CFR 9033.1 and 9033.2.

On January 26, 1984, the Commission made

an initial determination that Mr. LaRouche had

not established matching fund eligibility for the

1984 election because he had failed to live up to

this agreement (l.e., to repay funds) in his 1980

campaign.* Pursuant to the FEC's decision, the

North Carolina State Board of Elections decided

that Mr. LaRouche's name could not be placed on

the state's 1984 Presidential primary ballot.

In response to the Elections Board's decision,

Mr. LaRouche filed suit with the federal district

court seeking an injunction to bar the primary

election, unless the elections board placed his

name on the ballot.

*On April 12, 1984, after Mr. LaRouchets

1980 ca mpaign made the required payments, the

Commission certified that Mr. LaRouche was eligible for Presidential primary matching funds, 11

CFR Parts 9033 and 9036.

•
\blume 11 ,Numt::e

FEC WILL CO-HOST CONFERENCE

IN BOSTON

On September 12 and 13, 1985, a twoday conference on campaign laws will be

held in Boston. Co-sponsored by the FEC,

the Massachusetts Secretary of State's Office and other election offices throughout

the Northeast, the conference will include

sessions on: federal and Massachusetts

. campaign laws; corporate and labor participation in federal elections; party activity;

and an FEC pilot program providing selected states with direct computer access to

FEC data.

For more information on the conference, contact the FEC toll free at 800/

424-9530 or the Massachusetts election office at 617/727-2832.

ItParticipating state elections offices are 

cated in Montgomery, Alabama; Los Angeles, C

ifomia; Sacramento, Califomia: Denver, Color

do; Atlanta, Georgia; Chicago, minois; Bosto

Massachusetts, Providence, Rhode IsLand a

Olympia, WaShington. Later this year, Connec

cut, Iowa, Michigan, Missouri and New Jersey w

join the network.

CONTRIBUTOR INDEX ADDED TO

STATE ACCESS PROGRAM

A contributor index has been added to t

FEC's pilot computer program, which provid

eight states* with direct computer access to FE

campaign finance information.

In each state, a computer terminal, locat

in the state elections office, will produce a pap

printout which provides information on:

o All individuals making contributions over $5

to a federal candidate;

o Contribution refunds to individuals, regardle

of amount; and

o Loans to federal candidates by individuals, r

gardless of amount.

In addition to the contributor index, the sta

terminals provide the public with paper printo

on individual candidate, PAC and party activity

For more information on the program's cap

bilities, and for the addresses of participati

state offices, see page 4 of the October 19

Record and page 6 of the April 1985 Record 

contact the FEC.

8

August 1985 FEDERAL ELECTION COMMISSION

NEW LITIGATION

Mondale for President Committee v. FEC

Pursuant to 26 U.S.C. S904I(a), the Mondale

for President Committee, Inc. (the Committee)

asks the appeals court to review the FEC's

certification of matching funds for Mr. Mondale's

1984 primary campaign.

In a letter of May 22, the agency notified the

Committee that, on May 9, 1985, the FEC had

decided not to certify additional matching funds

to the Committee, amounting to $216,345.90. In

denying the Committee's request for the

additional funds, the Commission rejected the

Committee's argument that it was entitled to the

funds because there was a possibility of future

liability for repayment of matching funds to the

U.S. Treasury. See 26 U.S.C. §§9033, 9034 and

9038(b)(2).

The Committee asks the court to require

FEC certification of the full amount requested by

the Committee.

United States Court of Appeals for the

District of Columbia Circuit, Civil Action No. 85-

1338, June 7, 1985.

FEC v: ANDERSON

During February 1985, the U.S. District

Court for the Eastern District of Pennsylvania

issued separate consent orders resolving claims

the Commission had brought against the Tom

Anderson for Senate Committee and the Pennsylvania-Delaware Service Stations Dealers, Inc. in

FEC v. Anderson (Civil Action No. 84-2180). (For

a summary of the complaint, see page 8 of the

July 1984 Reeord.) Within 30 days of signing their

respective consent orders, defendants agreed to

comply with the following terms:

o The Pennsylvania-Delaware Service Stations

Dealers, Inc. (the Association), an incorporated

trade association, agreed to pay a $1,369 civil

penalty to the U.S. Treasury for making a

prohibited in-kind contribution to the Anderson

campaign. The Association had paid employees

approximately $4,300 in wages for services they

provided to the Anderson campaign.

o The Tom Anderson for Senate Committee, the

principal campaign committee for Mr. Anderson's Senate campaign, agreed to pay a $631

civil penalty for accepting: 1) the prohibited inkind contribution from the Association and 2)

an excessive contribution (in the form of a loan

endorsement) from Mrs. Mary B. Anderson, the

candidate's wife. (In December 1984, the court

had issued a consent order resolving the FEC's

claims against Mrs. Anderson. See page 6 of the

February 1985 Record.)
Volume 11, Numo

FEC ISSUES ELECTION PUBLICATIONS

During July, the Commission made availa

three publications entitled Federal Elections 

Election Directory 85 and Computerizing Elec

Administration. Volume 1. Current Application

Pederal IDections t84

Federal Elections '84 is the second edition 

a publication released every two years to prov

an accurate, historical record of federal electi

held throughout the United States. Information 

the 1984 volu me is based on official vote co

figures provided by state election offic

through May 1, 1985. In the event any 1

election results change, the FEC will issue err

supplements reflecting the revised figures. Th

interested in obtaining Federal Elections 

should contact Richard C. Thomas, Coordinato

State Disclosure, by calling 202/523-4055 or 

free 800/424-9530.

IDection Dil'ectory 85

The FEC's National Clearinghouse on E

tion Administration has prepared an updated e

tion of Election Directory 85 to facilitate co

munications among state and federal elect

officials. The new directory consists of th

sections. Section 1 lists the names, addresses 

telephone numbers of: state and federal elect

officials, heads of national associations of el

tion officials, and legislative reference burea

Section II identifies state and federal offi

where copies of federal campaign finance repo

may be reviewed and copied. It also indica

which offices have a computer link to the FE

disclosure data base. Section III provides lo

addresses to assist voter registration officials 

forwarding registration cancellation notices 

appropriate states and localities.

Election Directory 85 is available from 

Government Printing Office (GPO) at $1.75 

copy. Write the Superintendent of Docume

Government Printing Office, Washington, D

20402, making reference to the title of the pu

cation and the publication number: 052-0

00034-1.

Computerizing IDection Administration

Computerizing Election Administration, V

ume I, Current Applications is the first of th

reports on the use of computers in administer

U.S. elections at the municipal, county and st

levels. Prepared by the FECls National Cleari

house on Election Administration, the report 

scribes the benefits and pitfalls of a computeri

election system and suggests approaches to au

continu

9

August 1985 FEDERAL ElECTION COMMISSION

Committee Names and AddreS'3es

The B index includes every political committee registered with the FEC. The index lists the

name and address of each committee, the name of

the treasurer, the committee ID number, the

name of the connected organization (if any) and a

notation indicating whether the committee is a

"qualified" rnulticandidate committee. Another

listing arranges these committees by their state

address. $17.75 per copy

There is a separate list just for PACs which

contains the same information. $10.00 per copy

Names of PACs and Their Sponsors

The 35c Committee/Sponsor Index lists in

alphabetical order the names of committees along

with their 10 numbers and the names of their

sponsoring or connected organizations. The index

does not list committee addresses. $6.25 per copy

Names of Organizations and Their PACs

The 350 Sponsor/Committee Index lists in

alphabetical order the names of organizations

along with the names and ID numbers of their

PACs. The index does not list committee addresses. $6.25 per copy

COSTS OF FEC INDEXES CUT IN HALF

The Commission has halved the costs of purchasing some of its most popular documents by

using a new printing method. Descriptions of

these documents, and their costs, are provided

below. The documents may be purchased from the

FEC's Office of Public Records, 1325 K Street,

N.W., Washington, D.C. 20463. Telephone 202/

523-4181 or toll free 800/424-9530. Checks should

be made payable in advance to the FEC.

MuIticandidate Committee Index

This index lists those political committees

which have qualified as multicandidate committees and are thus permitted to contribute larger

amounts to federal candidates. Arranged in alphabetical order by name of committee, the list

includes each committee's ID number, the date it

qualified as a multicandidate committee and the

name of its connected organization, if any. The

index does not list committee addresses. $4.50 per

copy

Candidate Committee

The Report 93 is a printout of Presidential,

Senate and House candidates, which lists the

candidates in alphabetical order and includes, for

each candidate, the ID number, address and party

designation. Also listed is the name, address. ID

number and treasurer of the candidate's principal

campaign committee and other authorized committees. $8.15 per copy

•
FEDERAL ELECTION COMMISSION \blume 11 ,Numta" 

Congressional Corporations and

Candidates Labor Organizations

Party Committees Nonconnected

Committees

General

Campaign Guides

Order Form

Brochures

Advisory Opinions Political Ads

and SOlicitations

Candidate Publ ic Fundi ng of

Registration Presidential Elections

Contributions State Computer

Access to F EC Data

Corporate/Labor State Elections &

Communications Federal Carrpaign Law

Co rpo rate/ Labor Trade Associations Facilities

FEC and Federal Using FEC Campaign

Election Law Finance Information

Independent Volu nteer Activity Expenditures

Local Party

Activity

Mail to: Federal Election Commission

Information Services

Washington, D.C. 20463

Phone: Toll Free 800/424-9530

Federal Election Bookkeeping Manual

Campaign Laws for Candidates

F EC Regulations Annual

Report

FEC Record IO-Year

(subscription f Report

Please indicate quantity in box to left of each item.

NAME

STREET

CITY, STATE, ZIP CODE

CONNECTED ORGANIZATION IPHONE (Optlonal)

State Computer Access to FEC Data

State Elections & Federal Campaign Law 

Trade Associations

Volunteer Activity

The First I 0 Years

Special report providing statistical graphs 

campaign financing, history of election laws, d

scription of FEC functions and list of past Co

missioners and statutory officers.

10

AL.gusl: 1985

FEC and Federal meetion Law

Brief overview of major prOVISIOns of the

Federal Election Campaign Act and the Commission's role in administering it.

Using FEe Campaign Finance Information

Brochure explaining how to gather information on financial activity of political committees

and candidates by using reports and FEC's computer indexes. -

Campaign Guides

Clear explanation and illustration of election

law requirements. Separate Guide for:

Congressional Candidates and Committees

Party Committees

Corporations and Labor Organizations

Nonconnected Political Committees

FREE PUBLICAnONS

The FEC offers the following free publications. To order, return the completed form below.

FBC Regulations (II CFR)

FEC regulations; subject indexes prepared by

FEC.

FEC Record

Monthly newsletter covering reporting, advisory opinions, litigation, legislation, statistics,

regulations, compliance, Federal Register notices,

FEC procedures and staff, and publications.

Other Brochures

Advisory Opinions

Candidate Registration

Contributions

Corporate/Labor Communications

Corporate/Labor Facilities

Independent Expenditures

Local Party Activity

Political Ads and Solicitations

Public Funding of President Elections

Federal meetion Campaign Laws

Complete compilation of Federal election

campaign laws prepared by FEC.

House and Senate Bookkeeping Manual

Recommended method of bookkeeping and

reporting for Federal candidates and their committees.

mating systems. The report includes survey results for 75 jurisdictions that have partially or

completely automated their systems. Computerizin Election Administration Volume 1 Current

Applications publication number 052-006-0003 -

3) is available to the public through the Government Printing Office at $7.00 per copy. see GPO

ordering information above.
\blume 11, Numbe

1985-14: National Party Committ

Media Program, S:S

1985-16: Prohibited Use of FEC C

tributor Information, 6:6

800 LINE

Foreign Nationals, 5:8

Supreme Court Rules on 26 U.S

§9012(f), 4:1

Using Excess Campaign Funds, 2:4

COURT CASES

Antosh v; FEC, 2:4

Citizens for Percy '84 v, FEC, lIS

DCCC v: FEC, 2:6

FCM v, FEC, 6:3

FEe v, Anderson, 2:6

FEC v; Furgatch; FEC v, Dornin

i-s

FEC v, Gus Savage for Congress 

S:3

FEC s; Hemenway for Congr

Committee, 2:5

FEC v, Liberal Party Federal C

paign Committee, 3:3

FEC v, NCPAC, 5:6

FEC v: NRWC; NRWC v, FEC, 1:7

FEC v. Kirk Walsh for Congr

Committee, 6:3

Alwin Hopfmann v, FEC, S:7

NatIonal Congressional Club and J

ferson Marketing, Inc. v, FEC, 3

Orloski v, FEC, 2:5

1984-60: Campaign Debts Liquidated

through Sale of Real Estate Assets,

3:1

1984-61: Trade Association Solicitation Approvals, 3:2

1984--il2: Campaign Firm's Slate Mail

Program, 5:4

1984-63: Savings and Loan Association's Solicitations, 3:2

1985-1: Liquidation of Campaign

Assets, 4:4

1985-2: State Funds Transferred to

Congressional Campaign, 4:5

1985-3: Contributions to State Campaign by Subsidiary of Foreign Corporation, 4:5

1985-4: Payments not Honorarium,

4:5

1985-5: Contributions Made Before

but Received After Election, 4:S

1985-6: Affiliated PACs of Local!

International Unions, 4:6

1985-7: Solicitation of Wholesalers'

Personnel, 5:4

1985-8: Pundraising to Refund Illegal

Contributions, 5:5

1985-9~ Excess Funds for University

Programs, 5:5

1985-10: Campaign Loan Liquidated

by Candidate's Estate, 5:5

1985-11: Trade Association's Nonsolicitable Members, 6:4

1985-12: Trade Association's Collecting Agents, S:5

1985-13: Transfers to Successor Candidate's Campaign, 6:5

August 1985 FEDERAL ELECTION COMMISSION

CHANGE OF ADDRESS

Other Subscribers

Record subscribers (who are not political committees), when calling or mailing in a change or

address, are asked to provide the following information:

1. Name of person to whom the Record is sent.

2. Old address.

3. New address.

4. Subscription number. The subscription number is located in the upper left hand corner of the

mailing label. It consists of three letters and five numbers. Without this number, there is no

guarantee that your subscription can be located on the computer.

This cumulative index lists advisory opinions, court cases and 800

Line articles published in the Record

during 1985. 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.

PolitiCal Committees

Registered political committees are automatically sent the Record. Any change of address by

a registered committee must, by law, be made in writing as an amendment to FEC Form I

(Statement of Organization) and filed with the Clerk of the House, the Secretary of the Senate, or

the FEC, as appropriate.

11

OPINIONS

1984-16: One Limit for Convention &

Primary, 1:3

1984-33: Fundraiser by Trade Association's Allied Members, 1:3

1984-41: Corporate Payments for

Media Ads, 2:1

1984-48: Travel Reimbursements to

State by Senate Campaign, 2:1

1984-52: Refund of Illegal Contributions, 1:4

1984-53: Real Estate Lessors as F 00-

eral Contractors, 1:4

1984-54: Reporting/Limits for Candidate Elected in Primary, lIS

1984-55: Solicitation of Law Firm's

Partners by Bank PAC, 1:5

1984-56: Book Payments & Honorarium, 1:5

1984-57: Corporate Communications

on Legislation, 2:2

1984-58: City's Claim for Reimbursement by Presidential Campaign,

2:3

1994-59: Noncarnpalgn Uses of Campaign Assets, 2:3

•
Volume 11, NumOO

First Class Mail

Postage & Fees Paid

FEC

Washington, D.C.

Permit No. G-31

FEDERAL ELECTION COMMISSION

Official Business

FEDERAL ELECTION COMMISSION

1325K Street, N.W.

Washington, D.C. 20463

August 1985