Volume 10, Number 

REGULATIONS

1 Corporate/Labor Communications

2 New Supplement to II CFR

REPORTS

2 Reports Due in April

4 Kentucky Primary Rescheduled

4 Pointers on Reporting

INFORMATION

4 Pilot for Remote Access to FEC Data

5 ADVISORY OPINIONS

PRESIDENTIAL ELECTIONS

7 Funds Certified to Primary Candidates

7 Candidates Ineligible for Public

Funds

8 Funds Certified to Convention

Committees

8 Presidential Nonfilers

800 LINE

8 Spending Limits for Public Funding

Recipients

CLEARINGHOUSE

9 Advisory Panel Meets

COURTCASHS

10 conMessman Rose v. FEC

10 step en A. Koczak v. FEe

10 New Litigation

11 FEDERAL REGISTER NOTICES

TABLE OF CONTENTS

FEDERAL ELECTION COMMISSION

1325 K Street NW Washington DC 20463

Highlights of major modifications in the communications rules appeared in the April and December 1983 issues of the Record. The full text of the

revised rules was published in the Federal Re~­

ister on November 2, 1983 (48 Fed. Reg. 5050L

Copies of the new regulations may be obtained by

writing the FEe's Public Comrnunications Office,

1325 K Street, N.W., WaShington, D.C. 20463 or

by calling: 202/523-4068 or toll free 800/424-

9530.

The Commission originally submitted the proposed

rules to Congress in March 1983, but withdrew

them a month later to obtain further public

com ment. After holding a second round of public

hearings in August 1983 and considering additional

comments, the Commission revised the provisions

governing nonpartisan voting records and voter

guides. The Commission resubmitted the full set

of revisions to Congress in November 1983.

continued on p.2

April 1984

RULES ON CORPORATE/LABOR

COMMUNICATIONS PRESCRIBED

On March 5, 1984, the Commission prescribed

revised regulations governing partisan and nonpartisan communications made by corporations"

and labor organizations to their employees, members and stockholders and to the general public.

11 CFR 114.3 and 114.4. The revised rules expand

the types of nonpartisan communications that

corporations and labor organizations may make to

the general public. The revisions also relax some

of the rules governing partisan communications

that corporations and labor organizations may

make to their respective restricted classes.

*The rules governing corporate activity apply

to a broad range of incorporated organizations,

including national banks, corporations with capital

stock and incorporated membership organizations

(including corporations without capital stock, incorporated trade associations and incorporated

•

cooperatives).

•
April 1984 FEDERAL ELECTION COMMISSION Volume 10, Numb

NEW SUPPLEMENT TO II CFR

In March, the Commission published a new

supplement to the 11 CFR containing all amendments to FEC Regulations prescribed since the 11

CFR was published in July 1983. The publication

is entitled Amendments to Regulations; Vol. I.

This publication, which supercedes a supplem

issued in October 1983, will be mailed to 

registered political committees.

A companion volume (Volume 2) containing 

explanation and justification of the arnendnr

is also available upon request. A copy of eit

publication may be requested by writing or cal

the FEC's Public Communications Office, 132

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

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

APRIL REPOR'l1MG SCHEDULE

The following chart and paragraphs explain the reporting schedule for the various categories 

filers.

Report

Quarterly Pre-Primary Monthly Semiannu81

Type of Filer April 15 April 20 July 31

1984 Congressional Candidates X X

Congressional Candidates/Other

Years X

1984 Presidential Candidates/

$100,000+ X

1984 Presidential Candidates/

Under $100,000 X X

1980 Presidential Candidatesl X

Unauthorized Committees/Monthly2 X

Unauthorized Committees/Quarterly X X3

National Party Convention Commlttees'l X

Connected Organizations/Communications5 X

1Authorized Presidential committees that are not active in 1984 elections may file 

either a monthly or quarterly reporting schedule. See 11 CFR 104.5(b)(2).

2AU unauthorized committees (i.e., committees not authorized by candidates) are requir

to file on either a monthly or quarterly basis in 1984.

3Required only if the unauthorized committee makes contributions or expenditures 

behalf of candidates in the primary which have not been previously disclosed.

41n the case of national party convention committees, the quarterly report is due April 10

5Report required if aggregate costs for partisan, internal communications for all 19

primaries have exceeded $2,000.

2
3

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

D.C. 20463. Commissioners are: Lee Ann Elliott, Chairman; Thomas E. Harris, Vice Chairman;

Joan D. Aikens; Danny Lee McDonald; John Warren McGarry; Frank P. Reiche; William F.

Hildenbrand, 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.

Volume 10, Number 

The principal campaign committees of Senat

candidates and committees supporting or op

posing only Senate candidates file with th

Secretary of the Senate, Senate Public Re

cords, 119 D Street, N.E., Washington, D.C

20510. 11 CFR 104.4(c)(2) and 105.2.

The principal campaign committees of Presi

dential candidates must file copies of report

and statements with the Secretary of Stat

or the appropriate elections official of th

state in which the committee makes cam

paign expenditures. These reports must con

tain all financial transactions which apply t

that state during the reporting period co

vered. 11 CFR 108.2.

Unauthorized commmittees making contribu

tions or expenditures in connection with

House and Senate races file in the state i

which the candidate seeks election. The law

requires a copy only of that portion of th

report applicable to the candidatels) bein

supported. Committees supporting Presiden

tial candidates must file in the statefs) i

which the Presidential committee and dono

committee have their respective headquar

ters.

2.

3. All other committees, including the principa

campaign committees of Presidential cand

dates, file with the Federal Election Com

mission, 1325 K Street, N.W., Washington

D.C. 20463. 11 CFR 105.3 and 105.4.

2.

Filing with State Govemments

1. The principal campaign committees of Con

gressional candidates must file a' copy o

every report and statement with the Secre

tary of State or the appropriate election

official of the state in which the candidat

seeks federal office. 11 CFR 108.3.

3.

HOW TO OBTAIN MORE INFORMATION

During 1984, reporting forms and additiona

information will be sent to registered com

mittees. Questions and requests for additiona

forms should be addressed to the Office of Publi

Communications, Federal Election Commission

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

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

April 1984 FEDERAL ELECTION COMMISSION

WHERE REPORTS ARE FILED

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

and state officials. 11 CFR 108.5.

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.

Filing with the Federal Govemment

1. The principal campaign committees of House

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

Clerk of the House, Office of Records and

Registration, 1036 Longworth House Office

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

104.4(c)(3) and 105.1.

Quarterly Report

Due by April 15, the report should cover all

activity from January 1 (or from the closing date

of the last report filed in 1984 or from the date of

registration;" whichever is later) through March

31.

Monthly Report

The monthly report must be filed by April 20.

It should cover all activity from March 1 (or from

the closing date of the last report filed in 1984 or

from the date of registration,* whichever is later)

through March 31.

*In the case of an authorized candidate committee, from the date candidate status is established. The Committee must report all financial activity incurred by the candidate before

he/she authorized the committee. 11 CFR 101.3

(a) and 104.3(a) and (b). However, activity which

occurred before 1984 must be reported separately.

Semiannual Report

The semiannual report is not filed until July

31. It covers all activity from January 1 (or from

the closing date of the last report filed in 1984 or

from the date of registration, whichever is later)

through June 30.

•
Apnl1984 FEDERAL ELECTION COMMISSION Volume 10, Numbe

KENTUCKY PRIMARY RESCHEDULED

Kentucky will hold its Congressional primary

election on May 29 instead of August 28, 1984.

The new schedule for filing the 12-day preelection report by committees supporting Congressional candidates in the primary is as follows:

Closing Date

of Books

5/9/84

Mailing Date of

Report (ifsent

by registered or

certified mail)

5/14/84

Filing Date

5/17/84

Committees should also consult Commission R

ulations and the Campaign Guide series. E

Guide has a special section explaining how to 

Oii'tforms. (Instructions are also given on 

backs of the reporting forms.) Free copies of 

Regulations and the campai~ Guides (one 

Congressional candidates, ano er f'or party co

mittees, still another for nonconnected comm

tees and a fourth for corporations and la

organizations) may be obtained by writing: T

Federal Election Commission, Public Communi

tions Office, 1325 K Street, N.W., Washingt

D.C. 20463 or by calling: 202/523-4068 or 

free 800/424-9530.

>

Election and filing dates for all states were

published in the February 1984 Record, on pages

2-3.

POINTERS ON REPORTING

Based on its review of reports filed with the

FEC, the Com mission's Reports Analysis Division

offers the following pointers to help treasurers of

political committees avoid reporting problems:

File all required reports on time. Know when

your reports are due and what reports must

be filed.

Be sure that all the detailed information

required on the reporting schedules (e.g.,

schedules for receipts, disbursements and

debts) is complete.

Be sure that contributions from political

committees are itemized on Schedule A, regardless of the amount.

Do not stop reporting debts without explaining their final disposition. Commission Regulations require that all debts be fUlly itemized on Schedule C or D, regardless. of amount, until they are completely repaid. Alternatively, if the Commission has reviewed

the committee's debt settlement statement,

the committee may stop reporting the debt

once it has disclosed the final payment made

to the creditor. 11 CPR 104.3(d) and 114.10.

If your committee is a separate segregated

fund, be sure to identify the connected (Le.,

sponsoring) organization and any affiliated

committees. If this information was omitted

from the Statement of Organization, amend

the Statement by sending a letter or by

filling out another Form 1 with the new information.

Review your report for mathematical errors.

For instance, check the closing cash-an-hand

figure from the previous reportj this same

figure should appear as the beginning cashon-hand figure on the next report you file. Be

SUre that the "total" provided on the last line

of each supporting schedule is recorded correctly on the appropriate line of the Summary and Detailed Sum mary pages.

4

FEC LAUNCHES PILOT FOR

REMOTE ACCESS TO CAMPAIGN

FINANCE DATA

On March 7, 1984, at a meeting of 

Advisory Panel to the FEC's National Cleari

announced

house on Election

a pilot

Administration,

program to provide

the Commiss

state el

tion offices with direct computer access to 

FEC's campaign finance data base.

Citizens and media representatives in five ci

will have direct access, through election 

1984, to the Commission's computerized inform

tion on the campaign finance activity of fede

candidates, party committees and political act

committees (PACs). Beginning with Atlan

Georgia, the Commission will gradually add f

other cities to the pilot program: Chicago, I

noisj Boston, Massachusettsr Los Angeles, Calif

nia and Denver, Colorado. The Commission 

uniquely equipped to provide broad public acc

to federal campaign finance information beca

the FEC alone makes publicly available all repo

filed by political committees and persons invol

in federal election activlty." Much of this inf

mation is stored in the FEC's computer data ba

While following basic procedures established 

the FEC, each participating election office 

set its own rules for making FEC campaign 

nanee information accessible to the public. E

closure

*Political

reports

committees

with the Clerk

must

of

file

the House,

periodic 

Secretary of the Senate or the FEC, as ap

priate. All these reports are available to 

pUblic at the FEC.
FEDERAL ELECTION COMMISSIOI\J

ADVISORY OPINIONS: SUMMARIES

An Advisory Opinion (AO) issued by the Com

mission provides guidance with regard to t

specific situation described in the AOR. A

qualified person who has requested an AO a

acts in accordance with the opinion will not 

SUbject to any sanctions under the Act. Oth

persons may rely on the opinion if they a

involved in a specific activity which is indisti

guishable in all material aspects from the activi

discussed in the AO. Those seeking guidance f

their own activity, however, should consult t

full text of an AO and not rely only on t

summary given here.

Volume 10, Numbe

Political participation program esta

lished by partnership which is feder

contractor. (Date made publici Februa

29, 1984; Length: 6 pages)

Individual's eligibility for prima

matching funds as Presidential candida

of several political parties. Deadlines f

matching fund submissions. (Date ma

publics March 6, 1984; Length: 5 page

plus I-page supplernen t)

Independent status of county party po

tical com mlttee. (Date made publ

February 28, 1984; Length: 3 pages, pl

l-page supplement)

Nonconnected political committee e

tablished by incorporated nonprofit ass

ciation. (Date made public: March 

1984; Length: 6 pages, plus 22-page su

plement)

Subject

Candidate's use of per diem rate to a

count for campaign-related travel e

penses. (Date made public: February 2

1984; Length: 1 page)

1984-9

1984-10

1984-11

1984-12

AOR

1984-8

AO 1983-48: Corporate PAC Soliciation

of Personnel of Affiliated

Partnerships and Corporations

Cablevision Systems Corporation (CSC) is a Ne

York corporation wholly owned by its board cha

man Charles F. Dolan. CSC, together with oth

corporations and limited and general partnership

constitutes a privately held network of cab

television system operators and companies. Und

the election law, CSC may sponsor a separa

segregated fund (a political action committee 

PAC) to solicit contributions from esc's s

licitable personnel: Le., its executive and admi

continu

5

Apri/1984

In selecting the five state election offices that

will participate in the pilot program, the Commission took into consideration: each office's willingness to participate, the office's access to major

media centers, the adequacy of its computer

facilities and office space, and the staff's knowledge of computers. Moreover, to ensure a representative sampling of information users, the FEC

chose election offices from both small and large

states and from different geographic regions.

Following the general election, after the pilot

program has ended, the Commission will survey

each participating state election office to evaluate the program's usefulness. Based on survey

results, the FEC will measure public and media

demand for federal campaign finance information

and send its final study to Congress.

office will have direct computer access to the

following types of information:

An index which cross references all records

(including reports of receipts and disbursements) pertaining to federal candidates.

An index which includes the name of each

registered political committee, its identification number, a list of documents it has

filed with the FEC and its total gross receipts and disbursements.

An index of registered political committees

which shows, for each committee: its connected organization; whether it is a qualified

rnulticandidate committee; and all federal

candidates the committee has supported, together with total contributions to and expenditures for or against each candidate.

The Commission will also make available computer printouts of FEC campaign finance information.

AOR SUbject

1984-7 Corporation's obligation to make solicitation method available to union. (Date

made public: February 16, 1984; Length:

7 pages)

ADVISORY OPINION REQUESTS

The following chart lists recent requests for

advisory opinions (AORs). The full text of each

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

•

•
April 1984 FEDERAL ELECTION COMMISSION

istrative personnel, its stoekholderts) and the

families of both groups.

Under the election law, CSC may also solicit

contributions from the solicitable personnel of

those corporations and partnerships in the cable

t.v, network that qualify as CSC affiliates. These

cable t.v, network entities include:

1. Twelve corporations that are owned or controlled by Mr. Dolan. For purposes of PAC

solicitations, a corporation's affiliates include any corporations that are wholly owned

or controlled by the same eorporationfs) or

Individualts), 11 CFR 114.5(g)(1); ADs 1980-

18 and 1982-18.

2. Sixteen limited and general partnerships with

which CSC is affiliated by virtue of Mr.

Dolan's controlling general (or managing) interest in them. For solicitation purposes, a

corporation's affiliates are not limited to

other corporate entities but may include

other types of organizations which the corporation owns, controls or directs. II CFR

100.5(g)(2) and 110.3(a)(1). Mr. Dolan's controlling interest in these partnerships is evidenced by the substantial authority he has to

influence their management and operations

and those of the programming companies that

serve them. Moreover, management agreements between CSC and the various partnerships reinforce his influence. CSC may solicit

the executive and administrative personnel of

CSC's affiliated partnerships, but may not

solicit the corporate partners themselves.

CSC may not solicit the personnel of two other

partnerships in the cable t.v, network because the

partnerships do not qualify as CSC affiliates.

Their management is controlled by neither Mr.

Dolan nor a Dolan-controlled corporation. (Date

issued: February 17, 1984; Length: 7 pages)

AO 1984-1: Contribution Received After

Death of Candidate

The principal campaign committee of the late

Representative Clement J. Zablocki, the ReElect Clement J. Zablocki to Congress Club (the

Committee), may dispose of approximately

$40,000 in excess campaign funds -- including a

contribution received after the death of Mr.

Zablocki -- by donating the funds to §50 l(c)(3)

nonprofit corporations which qualify as "charitable organizations" under §170(c) of the Internal

Revenue Code. The Federal Election Campaign

Act (the Act) specifically states that excess campaign funds may be used to make such charitable

contributions. 2 U.S.C. §439(a). These donations

are not affected by state laws since federal law

preempts state laws with regard to the specific

uses provided in the Act for excess campaign

funds resulting from federal election campaigns.

6

Volume 10, Numbe

The Committee may also donate excess campa

funds to other kinds of nonprofit organizations 

specified by §439(a) (because they fall under 

broad category of "any other legal purpose

provided these donations are permissible un

Wisconsin law.

The Committee may include in its excess ca

paign funds a contribution which the donor ple

ed before Congressman Zablocki's death but wh

the Committee received after his death. T

contribution may be considered excess campa

funds because:

The Committee is in a surplus cash position

The Committee has no 1984 primary debts 

retire; and

The Committee plans to discontinue its ca

paign activities and terminate, once it 

disposed of its excess funds.

The Commission expressed no opinion on rela

tax issues because they are not within its jurisd

tion. (Date issued: February 23, 1984; Length

pages)

AO 1984-2: candidate's Use of Contributor

Information in Report Filed

by

Using His

Unauthorized

Name

Committee 

Representative Phil Gram m may use contribu

information in campaign reports filed by Am

cans for Phil Gramm in '84, a political commit

not authorized by him (the unauthorized comm

tee), to prepare a mailing to the com mitte

contributors. The letter may inform them that 

did not authorize Americans for Phil Gramm 

his campaign committee and that Friends of P

Gramm is his only authorized campaign comm

tee. Although Mr. Gramm's letter may also s

gest that contributors ask the unauthorized co

mittee for contribution refunds, the letter m

not solicit contributions for his authorized co

mittee. Under these circumstances, such a sol

tation would be prohibited by §438(a)(4) of 

Act. This provision places restrictions on the 

of information contained in FEC campaign 

nance reports in order to protect contribut

from having their names used for contribut

solicitations or for commercial purposes (e.g., 

brokering). The provision is not intended, ho

ever, to prohibit the use of contributor inform

tion for other political purposes, such as c

recting contributor misperceptions.

Since the contributions to the unauthorized co

mittee were seemingly made with the expectat

that they would be spent to influence 

Gram rn's nomination, the contributions are s

ject to each donor's limits for the Gramm can

dacy. Any disbursements Mr. Gramm's authori
$ 897,480

1,740,029

2,797,848

938,904

753,583

388,355

209,337

5,268,763.

Volume 10, Numb

7

II

7

7

6

2

I

10

These ineligible candidates may continue to 

ceive primary matching funds to retire outst

ing campaign debts incurred before the dat

ineligibility and to pay for costs of winding d

contin

FEC TERMINATES MATCHING FUND

ELIGmILITY OF THREE CANDIDATES

On March 8, 1984, the Commission de

mined that, as of March I, three Democ

Presidential candidates were no longer eligible 

primary matching funds under the Preside

Primary Matching Payment Account. Sena

Alan Cranston and Ernest Hollings and Gove

Reubin Askew became ineligible for public f

when they announced publicly that they woul

longer actively campaign for their Party's n

nation. 11 CFR 9033.5(a)(I).

Primary Matching Fund

Certification Activity.

This opinion super-cedes AO 1978-35. (Date iss

February 23, 1984; Length: 4 pages)

PRIMARY MATCHING

FUND PAYMENTS

The summary chart below provides curn

tive information on certifications of prim

matching funds made between January 1 

March 7, 1984.

report by checking the appropriate box and 

viding the information required under II C

102.3.

Name of Number of Total Amoun

Candidate Requests Fund<; Certif

Askew, Reubin

Cranston, Alan

Glenn, John

Hart, Gary

Hollings, Ernest F.

Jackson, Jesse

McGovern, George

Mondale, Walter F.

*As of March 7, 1984.

7

April 19S4 FEDERAL ELECTION COMMISSION

On the same report, the trust fund must also

disclose the transfer of these funds to the Presidential committee. The Presidential committee,

in turn, would report the transfer as a "miscellaneous receipt" from the trust fund. The trust fund

may also use the initial report as a termination

Specifically, if Mr. Finch transfers more than

$1,000 from the trust fund to the Presidential

committee during the year, the fund must register, file reports and operate as a "political

committee" under the Act. 2 U.S.C. S43I(a)(A); II

CFR 100.5 and 102.6(a). On its first report (which

could also serve as the termination report), the

trust fund, newly registered as a political committee, must disclose the source of all contributions on hand, on the basis of "last in, first on

hand." The trust fund must be sure to exclude any

impermissible contributions from its cash on hand.

In addition, the trust fund must exclude any

contributions from its cash on hand which, when

added to contributions already made by the same

donor to the Presidential committee, would cause

the donor to exceed the per election, contribution

limits. (Under Commission Regulations, affiliated

com mittees share a single, per election contribution limit. II CFR 1l0.3(a)(i).)

AO 1984-3: Individual's Use of Political

Trust Fund to Retire Debts of

His 1980 Presidential Campaign

Mr. Charles E. Finch, a 1980 Presidential primary

candidate, may use a special political fund, the

"Cliff Finch Colonel's Fund," to repay debts of his

1980 Presidential primary campaign (the Presidential committee). Since Mr. Finch established

the fund in 1975 primarily for political purposes

(Le., the retirement of debts from his successful

gubernatorial campaign), any trust funds he transfers to the Presidential committee would be considered state campaign funds rather than Mr.

Finch's personal funds. Moreover, the trust fund

and the Presidential committee are considered

affiliated committees by virtue of Mr. Finch's

control over both funds. (He has beneficial use of

the trust fund.) II CFR 102.6(a). Because of this

affiliation, unlimited funds may be transferred

between the two political funds. The Act and

Commission Regulations impose, however, certain

requirements on both the trust fund and the Presidential committee, depending on the amount of

funds transferred between them.

The Commission expressed no opinion on the specific language of the proposed letter. (Date issued: February 13, 1984; Length: 3 pages)

committee makes for the mailing would be reportable. See 2 U.S.C. S434(b) and II CFR 104.3

(b).

•

•
Volume 10, Number 

What is the actual limit in 1984?

In 1984, the COLA increased the nationa

primary spending limit by $10.2 million, bringin

it to $20.2 million.

This article responds to questions received b

the Public Communications Office on the spend

ing limits for publicly funded Presidential primar

candidates, Presidential nominees and nationa

Presidential nominating conventions.

PRESIDENTIAL HONFll.ERS

On March 6, 1984, the Commission publishe

the names of two authorized Presidential commit

tees (one authorized by a Presidential candidat

and one, by a Vice-Presidential candidate) tha

had failed to file their respective January month

ly reports. The monthly reports, due by Februar

20, should have covered each committee's finan

cial activity for January.

What aee the spending limits for Presidentia

candidates who accept public funding for thei

primary campaigns?

Presidential primary candidates who becom

eligible for primary matching funds must compl

with the following spending limits: -- National limit: campaign spending for al

primary elections may not exceed $1

millionl plus the cost-of-living adjustmen

(COLAn

State limit: campaign spending in each stat

may not exceed $200,000, plus COLA; or 

specified amount based on the number o

voting age individuals in the state (plu

COLA), whichever is greater;* and

Personal limit: spending from personal fund

may not exceed $50,000.

PRIMARY ELECTION SPENDING UMITS

Are there any campaign expenditures which ar

exempt from the spending limits?

Yes, the following expenditures do not coun

against the overall national spending limit:

•A listing of the state-by-state spending

limits for publicly funded Presidential primar

candidates is available from the FEC's Office o

Public Communications. Contact: 202/523-4042

or toll free 800/424-9530.

8

April 1984 FEDERAL ELECTION COMMISSION

Under the Presidential Election Campaign Fund

Act, each major party is entitled to $3 million

(plus a cost-of-living adjustment* *) to finance its

Presidential nominating convention. 26 U .S.C.

S9008(b). Since each party's convention committee is eligible to receive its grant in the year

preceding its convention, in June 1983, the Commission certified $5,871,000 to each convention

committee, based on the 1982 cost-of-living adjustment. During February 1984, when figures

became available on the 1983 cost-of-living adjustment, the Commission certified the additional

funds for each convention committee.

their campaigns. They may receive federal

matching funds for private contributions received

and deposited before December 31, 1984, provided

they submit a statement of net outstanding campaign obligations within 15 days after becoming

ineligible. 11 CFR 9034.5. (Revised statements

must be submitted with each additional request

for matching funds.)

Anyone of these candidates may reestablish eligibility for matching funds by submitting to the

Com mission evidence of active campaigning in

more than one state. 11 CFR 9033.6(d) and

9033.8(a).

FEC CERTIFIES ADDffiONAL CONVENTION

FUNDING FOR MAJOR PARTIES

On February 29, 1984, the Commission approved the certification of an additional $189,000

in federal funds to both the Republican and Democratic parties for their 1984 national Presidential nominating conventions. On March 1, the

Commission forwarded the certifications to the

U.S. Treasury, which will issue actual payments to

each party's convention committee." The additional certifications bring each major party's total

grant to $6,060,000, the maximum entitlement

each party's convention committee may receive

to finance the 1984 Presidential nominating

convention.

.To establish eligibility for a convention

gront, the national committee of each major

party must file an application statement with the

FEC and register a convention committee. See

part 9008 of FEC Regulations. .~e cost-of-living adjustment (COLA) is

calculated annually by the Secretary of Labor,

using 1974 as the base year.
FEDERAL ELECTION COMMISSION

•

•

April 1984

Legal and accounting expenditures made

solely to ensure compliance with the law; and

A limited amount of certain fundraising expenses (up to 20 percent of the national

spending limit).

GENERAL ELECTION SPENDING LIMITS

What is the spending limit for a major party

Presidential nominee who accepts public funding

for the general election campaign?

The Presidential nominee must limit campaign spending to $20 million, plus COLA.

What is the actual spend.ing limit in 1984?

In 1984, the COLA increased the spending

limit by $20.4 million, bringing it to $40.4 million.

Are there any campaign expenditures which a

major party Presidential nominee may exempt

from the spending limit?

Yes. The following expenditures do not count

against a major party candidate's spending limit:

Legal and accounting expenditures" made

solely to ensure compliance with the election

law; and

Spending of up to $50,000 from the candidate's own personal funds.

Are minor and new party candidates·· who receive partial public financing subjeet to the same

spending limit that applies to major party candidates?

Yes.

May minor and new party candidates claim the

same exemptions from the spending limit that

major party candidates may claim?

Yes (see exemptions above). In addition,

minor and new party candidates may exempt some

fund raising costs: 20 percent of the national limit

minus the amount of public funds received by the

candidate. 11 CFR 100.8(b)(20)(i).

*A publicly funded candidate may establish a

special compliance fund for such expenditures.

Although a publicly funded major party nominee

may not, under the law, use private contributions

to defray campaign expenditures, the nominee

may accept private contributions for the compliance fund.

**A minor party candidate is the nominee of a

party whose candidate received between 5 and 25

percent of the total popular votes in the preceding Presidential election. A new party candidate

is the nominee of a party that is neither a major

party nor a minor party. A new party candidate

receives partial public funding after the election

if he/she receives 5 percent or more of the total

popular votes in the current election.

9

Volume 10, Numbe

CONVENTION SPENDING LIMITS

What is the spending limit for a national Presid

tial nominating convention which is pUb

funded?

The spending limit is $3 million, plus COLA

What is the actual limit in 1984?

In 1984, the COLA increased the conven

spending limit by $3.06 million, bringing it 

$6,060,000.

Is the spending limit the same for both major 

minor party Presidential nominating convention

Yes.

Are there any convention expenditures which 

exempt from the spending limit?

Yes. Certain supplemental services provi

by the host city and state governments and 

local groups (e.g., retail businesses and la

unions) do not count against the spending li

The host city may, for example, provide addit

al public transportation to and from the conv

tion site.

FEC CLEARINGHOUSE

ADVlSORY PANEL

MEETS IN WASHINGTON

On March 6 and 7, 1984, the Advisory Pa

of the FEC's National Clearinghouse on Elec

Administration met in Washington to discuss pr

lems associated with administering federal e

tions. The 17-member panel, comprised of st

and local election officials, discussed several t

ics in their two-day session:

Remote computer access to the FEC's data. A

pilot study, the FEC will provide citizens in 

states with remote computer access to the FE

campaign finance data base. (See story on p, 4.

State workshops. The Commission plans to c

duct several state workshops explaining the e

tion law to practitioners of federal election 

and state election administrators. Modeled on 

regional conference program conducted in 1

the workshops will address the concerns of fed

candidates, parties and PACs.

contin
Volume 10, Number 4

Report findings of the investigation to the

court by February 21, 1984; and

Assess for each Democratic primary candi

date who participated in the Dartmouth Col

lege debate the amount of expenditures per

missible in New Hampshire, once services and

facilities provided by various groups had been

counted against the candidate's New Hamp

shire spending limit.·

NBW unGATION

The FEe also asked that the district court orde

NCPAC to:

Amend its reports to reflect the excessiv

contributions;

Pay a civil penalty of $5,000; and

FEC v. NCPAC

(He: Caputo for Senate Committee)

On January 25, 1984, the FEC filed suit with

the U.S. District Court for the Southern Distric

of New York against the National Conservativ

Political Action Committee (NCPAC), a multi

candidate political committee not authorized by

any candidate. The FEC's suit was precipitate

by NCPAC's failure to enter into a conciliation a

greement with the FEC within 30 days after th

Commission had found probable cause to believ

NCPAC had made excessive contributions to the

1982 Senate primary campaign of Bruce F

Caputo (R-NY). See 2 U.S.C. S437g(a)(6)(A). Both

NCPAC and the Caputo for Senate Committe

(the Caputo campaign) had used the same media

consultant to develop strategy urging the defea

of the incumbent Senate candidate, Senato

Patrick Moynihan (D-NY). The Commission con

cluded, therefore, that NCPAC's expenditures had

been coordinated with the Caputo campaign and

constituted in-kind contributions to the Caput

campaign rather than independent expenditure

advocating Senator Moynihan's defeat.

In the current litigation, the FEC asked th

district court to find that:

NCPAC made contributions in excess of th

$5,000 limit to the Caputo campaign, in vio

lation of 2 U.S.C. S441a(a)(2)(A); and

NCPAC failed to report the contribution

(amounting to $73,755), in violation of 2

U.S.c. §434(b)(4)(H)(j).

*Presidential primary candidates receiving

public fWlds must agree to limit spending to a

prescribed amOWlt in each state. 11 CFR 110.8(a)

(2).

10

April 1984 FEDERAL ELECTION COMMISSION

Federal legislation affecting election administration.

Voting System Standards Project mandated by

Congress. Preliminary results of the FEC's study

point to the need to establish voluntary procedural performance standards for the various types

of vote counting and recording systems used in

the United States.

Computers in elections. The Clearinghouse will

produce an inventory of current computer applications to election functions such as candidate

filings, voter registration, ballot design and format, and vote counting.

STEPHEN A. KOCZAK v, FBC

On February 14, 1984, the U.S. Court of

Appeals for the District of Columbia Circuit

denied Mr. Stephen A. Koczak's petition for a writ

of mandamus compelling certain FEC actions.

(Stephen A. Koczak v. FEC, Case No. 84-5086,

February 9, 1984). In his suit, Mr. Koczak had

asked the appeals court to order the FEC to:

Complete, by February 17, 1984, its investigation of a complaint Mr. Koczak had filed

with the FEe on January 17. 1984;

State Campaign Finance Laws. The Commission

has approved a project for updating a published

compilation of state campaign finance laws and

regulations.

CONGRESSMAN ROSE v. FBC

On February 22, 1984, the U.S. District Court

for the District of Columbia issued an order

granting Congressman Rose's petition to dismiss a

suit he had filed against the Commission on June

13, 1983. (Con ressman Charles E. Rose v. FEC;

Civil Action No. 83-1687. Pursuant to the election law's procedures for obtaining administrative

relief, Congressman Rose had asked the court to

issue an order directing the FEC to take final

action on his administrative complaint within 30

days. (See 2 U.S.C. §S437g(a)(8)(A) and (C).) After

the Commission petitioned the U.S. District Court

for the Eastern District of North Carolina to

enforce SUbpoenas issued as part of its investigation into Mr. Rose's complaint, he then requested

that his suit be dismissed. (For a summary of the

suit, see p. 10 of the August 1983 Record.)
Volume 10, Numbe

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.

Other Subscribers

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

a change of 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.

CHANGE OF ADDRESS

1984-4 11 CFR 114.8: Trade Association Soli

tation Authorization: Final Rule; A

nouncement of Effective Date (49 Fe

Reg. 4932, February 9, 1984)

1984-5 II CFR Part 114: Communications 

Corporations and Labor Organizatio

Final Rule; Announcement of Effecti

Date (49 Fed. Reg. 7981, March 5, 1984

1984-3 II CFR 9002.15: Presidential Electi

Campaign Fund; Denial of Rulernaki

Petition (49 Fed. Reg. 4846, February 

1984)

Notice Title

FEDERAL REGISTER NOTICES

The items below identify FEC documen

that appeared in the Federal Refister duri

February and March 1984. Copies 0 the notic

are available in the Public Records Office.

11

FEDERAL ELECTION COMMISSION

Refrain from violating any provision of the

election law.

April 1984

*Two semiannual reports are required during

a nonelection year. 11 CFR l04.5(aX2)(i).

In its suit, the FEC therefore asked the court to

declare the Savage campaign had violated: -- 2 U.S.C. §§434(a)(2XAXj)-(u) by failing to file

certain reports during the 1982 election year

(Le., JUly and October quarterly reports, preand post-general election reports and a yearend report); and

2 U.S.C. §434(a)(2)(B)(i) by failing to file a

mid-year report during the 1983 nonelection

year.·

Il.S, District Court for the Northern District of

Illinois, Docket No. 84-1076, January 31, 1984.

The Commission further petitioned the court to:

Enjoin the Savage campaign from further

violations of the election law; and

-- Assess a $5,000 civil penalty against the

campaign.

FEC v. Gus Savage for

Congress 182 Committee

On January 6, 1984, pursuant to 2 U.S.C.

§437g(a)(6)(A), the FEC filed suit against Gus

Savage for Congress '82, the principal campaign

committee of Congressman Gus Savage (D-IL),

and Thomas J. Savage, the campaign's treasurer.

The Savage campaign failed to enter into a conciliation agreement with the FEC within 30 days

after the Commission had found probable cause to

believe the campaign had violated the election

law's reporting requirements.

u.s. District Court for the Southern District of

New York, Docket No. 84 Civ. - 0866, January 25,

1984.

•

•
FEDERAL ELECTlON COMMISSION

1325 K Street, N.W.

washington, D.C. 20463

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