Volume 9, Number

(continued on p. 6, column 

FINANCING CONVENTION DELEGATES

As the 1984 Presidential elections approa

the Public Communications Office has begun 

receive questions about financing the selection 

delegates to the national nominating conventio

of political parties. In response to those questio

this article explains the rules governing co

tributions and expenditures made in connecti

with delegate selection. (Please note that t

term "delegate" includes both delegates and tho

seeking selection as delegates to national nom

nating conventions. 11 CF R IIO.I4(b)(l ).)

Contributions and Expenditures

The terms "contribution" and "expenditu

are defined, in part, as funds received or e

pended for the purpose of influencing any electi

for federal office. 2 U.S.C. §§43l(8)(A) and (9)(

11 CFR 100.7(a)(1) and 100.8(a)0). The Act a

Commission Regulations define "election" to 

clude a national nominating convention as well 

any primary election held to select delegates 

the convention. 2 U.S.C. §§431(l)(B) and (C); 

CFR 100.2(c)(3) and (e). Funds received and sp

to further the selection of a delegate are for t

purpose of influencing an election (i.e., a natio

nominating convention or a primary eleetlon h

to select delegates). Therefore, such funds a

(continued on p. 4. column 

These proposed rules may be prescribed 30 leg

lative days after their transmittal to Congre

The full text of the second set of proposed ru

was published in the Federal Re~ister on Nove

ber 2, 1983 (48 Fed. Reg. 50502). Copies of t

proposed communications regulations and of t

accompanying explanation and justification a

available from the Office of Public Commu

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

20463 (phone: 202/523-4068 or toll free 800/42

9530).

ganizations may not favor one candidate or poli

cal party over another. They are not, howev

subject to the regulatory guidelines proposed f

voter guides prepared and distributed by corpor

tions and labor organizations. (See section 114

(b)(S) of the proposed rules.)

FEDERAL ELECTION COMMISSION

RULES ON CORPORATH!LABOR

COMMUNICATIONS RESUBMITTED

TO CONGRESS

On October 27, 1983, the Commission resubmitted to Congress revised regulations governing

partisan and nonpartisan communications made by

corporations and labor organizations to their employees, members and stockholders and to the

general public. II CFR 114.3 and 114.4. The

Commission had originally submitted the proposed

rules to Congress in March 1983, but withdrew

them in April to obtain further comment. (For a

summary of the proposed rules originally sent to

Congress, see the April 1983 Record.) After considering the additional public comments and

holding a second round of public hearings in

August, the Commission has revised several provisions of the proposed rules. The major modifications concern the proposed rules governing nonpartisan voting records and voter guides prepared

and distributed by corporations and labor organizations.

Voting Records

Section 114.4(b)(4) of the proposed rules was

rewritten to state that a corporation or labor

organization may prepare and publicly distribute

voting records of Members of Congress, provided

this activity is not undertaken to influence federal elections. Furthermore, the explanation and

justification accompanying the proposed rules

make clear that, in the voting record, an organization may score or index an incumbent's votes on

speeifie issues rather than publishing the incumbent's actual votes. The indexes or scores must,

however, be based on the incumbent's votes on

bills or other legislative measures.

December 1983

&

Voter Guides

Under the first set of proposed rules, a

corporation or labor organization could prepare

and publicly distribute voter guides describing

candidates' positions on issues. Under the second

set of proposed rules, a corporation or labor organization may also distribute voter guides obtained from tax-exempt organfzetions, provided

the tax-exempt organization does not support,

endorse or oppose any candidate or political par- •

»ty. Voter gutdes obtained from tax-exempt or-

•

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

D.C. 20463. Commissioners are: Danny Lee McDonald, Chairman; Lee Ann Elliott, Vice Chairman;

Joan D. Aikens; Thomas E. Harris; 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.

2

Volume 9, Number 

These same conditions would apply if, after 

appearances for NCPAC, the artist were to vol

teer his services to the political party convent

where candidate X might be nominated. Co

missioner Frank P. Reiche filed a concurr

opinion. (Date issued: October 28, 1983; Length

pages, including concurring opinion)

campaign after making appearances for NCPA

Several conditions, however, qualify this eone

sioru .

1. The artist's appearances at the NCPAC fu

raisers are not made in cooperation with, 

the prior consent of, Candidate X or 

campaign;

2. The artist receives no form of compensat

from candidate X's campaign;

3. The artist has no other involvement w

candidate X's campaign, such as knowledge 

campaign plans and strategies or the abi

to exercise authority on the campaign'S 

half; and

4. NCPAC's independent expenditures on beh

of candidate X meet all the conditions 

out under the Act and FEC Regula tions

U.S.C. §§43l(l7) and 441a(a)(7)(B); 11 C

Part 109.

AO 1983-27: Former Candidate's Donation

of Excess Campaign Funds to

Nonprofit Corporation

Friends of Red McDaniel (the Committee), C

tain Eugene B. McDaniel's principal campa

committee for his unsuccessful House campaign 

1982, may donate its excess campaign funds 

the American Defense Institute (ADI), a nonpro

education corporation. Excess campaign fu

may be used for a variety of lawful purposes, 

they may not be converted to personal use unl

the candidate was a Member of Congress 

January 8, 1980. 2 U.S.C. §439a; 11 CFR 113

(Mr. McDaniel was not a Member of Congress 

January 8, 1980.) To avoid using the excess fun

for personal use, Mr. McDaniel may not rece

from ADI any compensation, loans, awards 

grants until AD! has spent the entire amo

donated by the Committee. As an exception 

this prohibition, however, ADI may reimburse M

McDaniel for ordinary and necessary expen

which he incurs in his capacity as Chairman 

ADI's Board of Directors.

December 1983 FEDERAL ELECTION COMMISSION

AOR 1983-33 (Travel agency services provided to delegates of major party Presidential nominating convention; partial donation

of travel commissions to party's national

committee.) In a letter issued on November

10, 1983, the General Counsel informed the

requester that the Commission had determined that the request did not qualify as an

AOR because it did not relate to a specific

proposed activity. Under Commission Regulations, an inquiry posing a hypothetical situation does not qualify as an advisory opinion

request. See 2 U.S.C. §437f and II CFR

112. I(b) and (c).

ALTERNATE DISPosmON

OF ADVISORY OPINION REQUEST

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 AO and not rely only on the

summary given here.

AO 1983-26: Volunteer Services Provided

by Singer to Candidate and

Unauthorized Committee

Planning Expenditures for

Candidate

The National Conservative Political Action Committee (NCPAC), a multicandidate political committee, may accept the volunteer services of a

recording artist in connection with its own fundraising activities and may later make independent

expenditures on behalf of Senate candidate X.

NCPAC's expenditures for candidate X will be

considered independent even if the same artist

also volunteers his services for candidate X's
FEDERAL ELECTION COMMISSION

•

•

•

December 1983

The Commission did not express any opirnon regarding the application of other federal and state

laws and rules to this situation because they are

not within the Commission's jurisdiction. (Date

issued: October 21, 1983; Length: 3 pages)

AD 1983-28: Proposed Disaffiliation

Between Affiliated PACs

The California Savings and Loan League FEDPAC

(FEDPAC), the separate segregated fund of the

California Savings and Loan League (the California league), may not revoke its affiliated status

with the U.S. League of Savings Associations

Political Election Committee (SAPEC), the separate segregated fund of the U.S. League of Savings Institutions (the national league). The two

committees remain affiliated by virtue of the

affiliation between their parent organizations.

The California league claims that its relationship

with the national league is informal, that membership in one organization is independent from

that of the other and that its rules and policies

are not affected by those of the national league.

Other facts, however, indicate that the two organizations are affiliated: the national league's

constitution entitles the California league (and

other state leagues) to vote on issues and nominations before the national league's policy making

and election meetings. Additionally, state leagues

have special nomination rights to the national

league's executive committee and board of directors. In effect, the national league is a federation of trade associatlons and the California

league is one of 39 state league affiliates.

Under Commission Regulations, political committees established by a federation of trade associations and by its regional, state and local affiliates are all considered affiliated political committees, subject to a single contribution limit. II

CFR 114.8(g). Affiliation between FEDPAC and

SAPEC, therefore, is mandatory rather than discretionary. Accordingly, FEDPAC may not report

disaff'ilation with SAPEC by amending its Statement of Organization. (FEDPAC had originally

disclosed its affiliation with SAPEC in July 1982.)

(Date issued: October 14, 1983; Length: 3 pages)

AD 1983-29: Fund Used by City to Finance

Presidential Nominating

Convention

The City of San Francisco (the City), which will

host the 1984 Democratic National Convention,

may finance facilities and services for the convention from a Convention Promotion and Services Fund (the Fund). 11 CFR 9008.7(b)(l). See

also AO 1982-27. Moreover, payments that the

City makes for the services and facilities will not

constitute contributions to the Democratic National Committee (DNC) by either the City or

3

Volume 9, Numbe

those who donate to the Fund. Nor will 

payments count against the spending limit 

posed on the DNC as a result of its accepti

public grant for the convention. 26 U

§9008(d).

San Francisco would like to use the Fun

finance the convention because of its longstan

tradition of receiving funds from the pri

sector for promotional, cultural and comme

activities. The City plans to accept unlim

donations to the Fund from individuals, 

nesses, private foundations and trade associat

The City will not, however, permit donor

designate their donations for particular con

tion activities. Commission Regulations do 

impose any requirements on funding sources 

by the City to finance services for the con

tion. However, they do require the City to pay 

fair market value for any services obtained 

commercial vendors. II CFR 9008.7{b)(I). C

missioner Thomas E. Harris held a dissen

opinion. (Date issued: October 21, 1983; Leng

pages, including dissent)

AD 1983-30: Legal Fund Established

by Candidate Challenging

State Constitution Provision

Donations to and disbursements from a lega

pense fund established and used by Dr. C

Joyner exclusively for legal fees incurred in 

lenging 8. provision of the Arizona constit

would not be considered "contributions" or 

pendituees" under the election law. The fund 

support Dr. Joyner's efforts to challenge the 

stitutionality of a provision in the Arizona co

tution which prohibits an incumbent of a sal

elective office to seek nomination or electi

any salaried office at the local, state or fe

level -- except during the final year of his o

term. Dr. Joyner initiated legal action pri

becoming a House candidate in 1982.

Solicitations Dr. Joyner conducts for the 

expense fund will be completely separate 

solicitations he conducts for his 1982 House 

paign. Moreover, he plans to advise pote

donors that their donations will not be use

any election-influencing purpose.

Since they are not "contributions," donation

the legal fund will not be SUbject to the pro

tions and limits the election law places on co

butions. Nor will any of the legal expense f

receipts and disbursements have to be repo

However, upon dissolution of the fund, no res

funds may be transferred to Dr. Joyner's 

paign committee or any other political com

tee. Commissioner Thomas E. Harris filed a 

curring opinion. (Date issued: October 26, 

Length: 4 pages, including concurring opinion)

cont
December 1983 FEDERAL ELECTION COMMISSION

AO 1983-31: Committee Established by

Subsidiaries of Corporation

Owned by Foreign Corporation

Syntex Laboratories, Inc., Syva Company and Syntex Chemical, Inc. (the companies) plan to establish and finance the Syntex Good Government

Committee (the Committee), a committee to

make contributions and expenditures in connection with state and local elections and state and

local ballot measures. The companies are domestic subsidiaries of Syntex-U.S.A., a Delaware corporation that is itself a wholly owned subsidiary

of Syntex Corporation, a Panamanian corporation.

Section 441e of the Act prohibits foreign principals (e.g., foreign individuals, governments, political parties and organizations) from making contributions in connection with any United States

elections. This broad prohibition would not, however, extend to the Syntex companies because

they are corporations organized under sta te laws,

with their principal places of business in the

United States. Moreover, the Committee's Articles of Organization provide sufficient safeguards

to ensure that no foreign principal will serve as a

director of the Committee or will otherwise participate in decisions regarding the Committee's

contributions and expenditures for political activities. Commissioners Thomas E. Harris and

Danny L. McDonald filed a dissent. (Date issued:

November 10, 1983; Length: 4 pages, including

dissent)

Volume 9,Number 

Contributions to Individual Delegates

General Rule. A delegate is not a "candidate

i.e., an individual who seeks nomination or ele

tion to federal office. 11 CPR 100.3. Therefor

those contribution limits which apply to cand

dates and political committees do not apply 

contributions to individual delegates. Moreove

contributions to an individual delegate are n

reportable by the delegate. 11 CPR 11O.14(c).

Made by Individuals. Contributions from an i

dividual to a delegate count against the indivi

ual's $25,000 annual limit on total contribution

Neither the individual nor the delegate has an

reporting obligation. 11 CPR 110.14(c).

Made by Groups Which Are Not Political Comm

tees. Contributions to an individual delegate fro

a group which is not a political committee, su

as a partnership or an unregistered political o

ganization, are unlimited and are not reportab

by either the delegate or the group. II CP

110.14(c). However, the contributions must 

made from funds permissible under the Act.

Note that contributions to delegates from an u

registered organization, such as a local party o

ganization, count against the applicable thresho

that determines whether the group must regist

and report as a political committee. 11 CP

100.5(a) and (c); AO 1980-28.

Made by Political Committees. A political com

mittee may make unlimited contributions to 

individual delegate. However, the donor com

mittee must report all such contributions as "e

penditures." 11 CFR 110.14(c). See also A

1980-28.

(continued from p, l)

considered contributions and expenditures under

the Act.

No Prohibited Contributions

Because funds given to promote a delegate's

selection are considered contributions and expenditures, they are subject to the Act's prohibitions, i.e., funds from the following sources are

prohibited: corpora tlons, labor organizations, national banks, federal government contractors and

foreign nationals. II CPR IIO.4(a), IIO.14(f) and

114.2.

Individual Delegates vs. Delegate Committees

Rules concerning contributions and expenditures on behalf of individual delegates differ from

rules which apply to delegate committees. ThUS,

this article first examines the rules relating to

individual delegates and then explains those affecting delegate committees. A final section

gives special rules which apply to party committees.

4

Made by Publicly Funded Presidential Comm

tees. Contributions to an individual delegate fro

the campaign committee of a Presidential cand

date who receives federal matching funds a

considered "qualified campaign expenses," i.e

reportable expenditures which count against th

Presidential candidate's spending limit.* 110.

(c).

Expenditures by Individual Delegates

Individual delegates may make the expend

tures listed below from their personal funds 

from contributions they receive. II CFR 110.

(d).

*Presidential primary candidates who recei

partial public funding in the form of matchi

payments must limit their overall campai

spending, and spending in each state, to amoun

specified in the Act and Commission Regulation

2 U.S.C. Section 44la(b); II CFR 110.8.
FEDERAL ELECTION COMMISSION

•

•

•

December 1983

Delegate Selection Only. Expenditures by an individual delegate to promote his or her selection

only are neither limited nor reportable. Examples

of such expenditures include living expenses

during the delegate selection process and travel

to the national nominating convention.

Such expenditures are not considered expenditures

by Presidential candidates and do not count against the spending limits of publicly funded candidates, regardless of whether the delegate is

committed or pledged to a particular candidate.

11 CFR IIO.14(d)(I).

Campaign Materials Distributed by Volunteers.

When a delegate makes expenditures for campaign

materials (e.g., pins, bumper stickers, handbills,

brochures or yard signs) that advocate his or her

selection as a delegate and also refer to a Presidential candidate, they are not considered contributions to or expenditures by the Presidential

candidate, provided that the materials are distributed by volunteers and no public political advertising is used. No reporting is required. 11 CFR

IIO.14(d)(2)(i).

Expenditures for Public Advertising. If a delegate

pays for public political advertising which promotes his or her selection only, the expenditure is

not reportable and is not subject to any limits.

This may not be the case, however, if the ad also

mentions a Presidential candidate. The reference

may require the delegate to allocate the portion

of the ad which benefits the Presidential candidate as an independent expenditure or an in-kind

contribution. Two factors determine whether the

ad is an independent expenditure, an in-kind contribution or an unreportable expenditure:

Whether or not the delegate consults, cooperates or confers with the Presidential Candidate or campaign; and

Whether or not the ad expressly advoca tes

the election of a clearly identified candidate

for the Presidency.

No ConsuUation and No Erpress Advocacy. The

entire payment for an ad is an unreportable

expenditure as long as the delegate does not

confer with the Presidential campaign and the ad

does not expressly advocate the Presidential candidate's election. Moreover, the payment is not

considered a contribution to or an expenditure by

the Presidential campaign and thus does not count

against the expenditure limit of a candidate receiving matching funds. No reporting is necessary.

11 CFR 1l0.14(d)(2Xii).

No Consultation But Erpress Advocacy. An independent expenditure results when there is no

coordination or consultation between the delegate

and the Presidential campaign but the ad

5

Volume 9, Numoor 

expressly advocates the Presidential candida

election. The portion of the cost allocable to 

candidate is considered an independent expen

ture. The delegate must file a report with 

FEe once his or her independent expenditu

aggregate over $250 per year. In this case, 

Presidential committee has no reporting respon

bility.

An independent expenditure does not count 

gainst the delegate's personal contribution lim 

for the Presidential candidate; nor does it co

against the expenditure limit for a Presiden

candidate receiving matching funds. 11 C

110.14(d)(2)(ii)(B) and (C).

Consultation With or Without Advocacy. The de

gate makes an in-kind contribution when he or 

consults with the Presidential campaign, rega

less of whether the reference to the Presiden

candidate expressly advocates his election. T

portion of the expenditure allocable to the Pre

dential candidate is an in-kind contribution, wh

counts against the delegate's personal $1,000 c

tribution limit for the candidate. Moreover, 

value of the in-kind contribution is also char

able to the spending limit of a candidate receiv

matching funds. The in-kind contribution must 

reported by the Presidential committee, but 

delegate has no reporting obligation. 11 C

II0.14(dX2)(ii)(A) and (C).

Contributions to Delegate Committees

General Rule. If several persons, acting as 

group, support the selection of one or more de

gates by receiving contributions or making 

penditures which exceed $1,000 a year, the gro

becomes a political committee. 11 CFR 100.5

(5). Once it becomes a political committee - 

so-called "delegate committee" - it is SUbject 

the standard registration and reporting requ

ments of the Act. A delegate committee may 

accept more than $5,000 per year from any in

vidual, group or political committee. 11 C

1I0.l(c) and 110.14 (e).

Made by Individuals. Contributions from an in

vidual to a delegate committee may not exc

$5,000 per year. These contributions also co

against the individual's $25,000 annual limit 

total contributions. The delegate committee m

report all such contributions, although the indiv

ual has no reporting obligation. 11 CFR 1l0.14(

Made by Groups Which Are Not Political Comm

tees. Contributions to a delegate committee fr

a group which is not a political committee, s

as a partnership or an unregistered political 

ganization, may not exceed $5,000 a year 

contin
December 1983 FEDERAL ELECTION COMMISSION

must be made from permissible funds. Only the

delegate committee must report the contributions. 11 CFR 110.14(e).

Note that contributions to a delegate committee

from an unregistered organization, such as a local

party organization, count against the applicable

registration threshold that determines whether

the group must register and report as a political

committee. 11 CFR 100.5(a) and (c).

Made by Political Committees. Contributions to a

delegate committee from a political committee

may not exceed $5,000 per year. Such contributions are reportable by both the donor committee

and the delegate committee. 11 CFR 110.14(e).

Made by Publicly Funded Presidential Committees. Contributions to a delegate committee from

a Presidential campaign committee receiving federal matching funds may not exceed $5,000 per

year; they also count against the Presidential candidate's spending limit. Such contributions are

reportable by both the Presidential committee

and the delegate committee. 11 CFR 110.14(c)

and (e).

Expenditures by Delegate Committees

All expenditures by a delegate committee are

reportable. An expenditure for public political

advertising which advocates the selection of a

delegate and which also refers to a Presidential

pri mary candida te is considered either an allocable in-kind contribution or an allocable independent expenditure on behalf of the Presidential candidate. 11 CFR 110.14(e); AO 1980-5.

Special Rules for Party Committees

Administrative Expenses. Administrative expenses

incurred by a state or local party organization for

sponsoring conventions or caucuses to select delegates are not reportable, but the expenses may

not be paid with contributions which are prohibited under the Act. 11 CFR 1l0.14(g)(l). However, if administrative expenses are paid by a

federal account,* then the expenses must be

reported. AO 1979-7.

Ballot Fees. Ballot fees paid by individuals to a

state or local party organization to qualify as

delegates are not contributions or expenditures.

These payments are not subject to any Iimits, and

they are not reportable (unless received by a

federal account). 11 CF R 110.14(g)(2).

*A party organization may establish a federal account, registered as a political committee,

which is used for federal activity; and a nonfederal account, not a registered committee,

which is used only for state and local activity. II

CFR l02.5(aJ(l)(i).

Volume 9,Number 

(continued from p. l)

REGULATIONS ON TRADE ASSOCIATION

AUTHORIZATIONS SENT TO CONGRESS

On October 17, 1983, the Commission tran

mitted to Congress proposed revisions to its reg

lations governing the request and receipt of sol

itation authorizations that a trade associati

must obtain from its corporate members befo

soliciting their stockholders and executive a

administrative personnel. 11 CFR 114.8(c)(2) a

(d)(4). The proposed regulations may be prescrib

30 legislative days after their transmittal to Co

gress.

The Commission proposed these revisions in r

sponse to difficulties encountered by trade assoc

ations, under current FEC rules, in obtaini

solicitation approvals from their corporate mem

bers. Under the proposed revisions, a corpora

member may grant its approval of a trade assoc

ation solicitation, and a trade association m

receive that approval, prior to the calendar ye

in which the trade association conducts the solie

tationfs), Further, the suggested revisions perm

trade associations to obtain corporate approv

for several years at a time. However, the corp

rate member must submit a separate docume

for each year approved for solicitations. Und

current rules, a corporate member's approv

must be received by the trade association duri

the calendar year in which the trade associati

conducts the solicitation. This has meant th

trade associations have had to renew their r

quests for corporate approvals each year.

The proposed rules also specify that a tra

association must keep an authorization for thr

years after it conducts the solicitation, rath

than three years after the corporation approv

the authorization. 11 CFR 114.8(d)(2).

The Commission noted that the proposed revisio

did not affect other FEC rules governing solicit

tion approvals. Each member corporation, f

example, may grant approval to only one trad

association a year. If a corporate member wit

draws its approval after the trade association h

conducted a solicitation, the corporation may n

grant a solicitation approval to any other trad

association during that same year. It may, how

ever, grant approval to another trade associatio

for solicitations in future years.

The full text of these proposed rules was pu

lished in the Federal Re ister on October 20, 19

(48 Fed. Reg. 48650. It is available from th

Office of Public Communications, 1325 K Stree

N.W., Washington, D.C. 20463 (phone: 202/52

4068 or toll free 800/424-9530).

6
FEDERAL ELECTION COMMISSION

•

Decemoer 1983

TECHNICAL AMENDMENT TO FEC'S

HONORARIA REGS

On November 10, 1983, the Commission approved a technical amendment to its regulations

governing acceptance of honoraria by federal officeholders and employees. The amended subsection pertains to the payment of honoraria to

charitable organizations. 11 CFR 110.12(b)(5). The

revised regulation follows a recent amendment to

the Federal Election Campaign Act. 2 U.S.C.

§44li(b). Under the amended regulation, an honorarium (or any portion of it) will not be considered

to have been accepted by the federal officeholder

or employee -- and therefore will not be subject

to the $2,000 limit on an honorarium payment --

if either the organization paying the honorarium

or the officeholder or employee donates the funds

to a charitable organization. Under the former

Volume 9,Numoo

provision, the exemption applied only if the 

ganization paying the honorarium gave it to 

charitable organization which it selected from 

list of at least five organizations suggested by 

honorarium recipient.

Since the conforming amendment to the reg

tions was not a substantive rule representing 

FEC policy decision, it was not published 

public comment but became effective upon pu

cation in the Federal Rer.ister on November 

1983 (48 Fed. Reg. 52567~ Copies of the Fed

Register notice may be obtained by writing 

Federal Election Commission, Public Commun

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

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

free 800/424-9530.

STATUS OF FEC REGULATIONS SENT TO CONGRESS

7

*The chart is cumulative, listing all amendments to FEC Regulations proposed or prescribe

by the Commission since the publication of Title II, Code of Federal RegUlations (ll CFR) o

July I, 1983.

**The Commission may prescribe its regulations 30 legislative days after it has transmitte

them to Congress.

* **Since these technical, confor:ming amendments were not a substantive rule representing a

FEe policy decision, they were not submitted for Congressional review but became effective upo

publication in the Federal Register.

****These regulatlOrlS were pending before Congress prior to the Congressional recess betwee

November 18t 1983, and January 23, 1984. The 30 legislative days will continue to run whe

Congress reconvenes.

•

•

Regulations*

11 CPR 102.6 and 102.17

Transfer of Funds;

Collecting Agents, Joint

Fundraising

11 CFR Part 110

Annual Honoraria Limit

11 CPR 114.3 and 114.4* * ** Communications by

Corpora tions and

Labor Organizations

11 CPR 114.8 (c)(2),

114.8(d)(2) and

II4.8(d)(4)

Trade Association

Solicitation Authorizations

11 CPR 9001 et seq.

General Election Campaign

Fund

11 CPR Part 9008

Fund for Presidential

Nominating Conventions

Date Sent

to Congress

6/2/83

NA***

10/27/83

10/17/83

7/1/83

NA***

Federal Register

Publication

6/7 /83

48 Fed. Reg. 26296

11/21/83

48 Fed. Reg 52567

11/21/83

48 Fed. Reg 50502

10/20/83

48 Fed. Reg. 48650

7/11/83

48 Fed. Reg. 31822

7/21/83

48 Fed. Reg. 33244

Date Prescribed* *

by the Commission

8/22/83

11/21/83

10/27/83

7/21/83
December 1983 FEDERAL ELECTION COMMISSION Volume 9, Number 1

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C , ,

. -~. '.

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INDEPENDENT SPENDING INCREASm;

Independent expenditures made to influence

the outcome of 1982 Congressional races increased 146 percent over independent spending in

1980 Congressional races. A total of $5.75 million

was spent independently during 1981-82 on Congressional races,> while a total of $2.3 million

was spent during 1979-80. (Under the federal

election law, an independent expenditure is an

expenditure for a communication expressly advocating the election or defeat of a clearly identified candidate. The expenditure must be made

without cooperation or consultation with the candidate or his/her eampaign.)

According to a final study on the 1981-82 election

cycle, released by the FEC during October 1983,

80 percent (or $4.6 million) of the money spent

independently on behalf of 1982 Congressional

races advocated the defeat of some 90 House and

Senate candidates; 20 percent was spent in support of Congressional candidates. During 1979-80,

59 percent (or $1.4 million) of the money independently spent on Congressional campaigns was

for "negative" com rnunieations against Congressional candidates.

The total number of political action committees

(PACs),·'" individuals and other groups making

independent expenditures in the 1981-82 election

cycle decreased. Seventy PACs, seven individuals

and 17 other groups made independent expenditures. By contrast, during 1979-80, independent

expenditures were made by 105 PACs, 33 individuals and 80 other groups. However, most of the

1980 expenditures were made to influence the

outcome of Presidential elections.

Charts I and II below list the political committees

and individuals making the largest independent

expenditures during 1981-82. Chart III lists the

candidates for or against whom the most money

was spent.

*A small portion of this spending was on

1980 races. These expenditures have been included in the figures for 1981-82 because they

were reported during 1981-82•

• *PAC is a popular term used to define a

political committee that has not been authorized

by a candidate or political party. The term includes separate segregated funds sponsored by

corporations and labor organizations, as well as

political committees without any sponsoring organization.

8

CHART I

COMMI'ITEES REPORTING LARGEST

INDEPENDENT EXPENDITURES

Spending Spending

For Against

Candi- CandiPolitical Committee dates dates

National Conservative

Political Action Committee $137,724 $3,039,490

Citizens Organized to

Replace Kennedy 0 416,678

Fund for a Conservative

Majority 0 388,399

Life Amendment Political

Action Committee 36,455 219,055

NRA Political Victory

Fund 232,350 477

American Medical

Association PAC 211,624 0

Realtors PAC 188,060

Progressive PAC 8,090 134,795

°

Independent Action, Inc. 0 132,920

League of Conservation

Voters 129,163 0

CHARTll

INDMDUAI.S

LARGEST INDEPENDENT

REPORTING

EXPENDITURES

Spending Spending

For Against

Candi- CandiIndividual dates dates

Fred A. Lennon (Ohio) $22,612 0

Joseph P. Vetrano

(Connecticut) 6,546 0

Michael Towbes

(Calif0 mia) 1,243 0

Mildred Tichacek

(Missouri) 0 $1,043

William Ferguson

(Virginia) 941 0

Ladislaus Michalowski

(Connecticut) 421 0

Michael C. Grenata

(Virginia) 230 0
FEDERAL ELECTIOI\J COMMISSION

CHARTm

CANDIDATES FOR OR AGAINST WHOM MOST

INDEPENDENT EXPENDITURF.S WERE MADE

Volume 9, Number 

1983-29 II CFR Part 110; Honoraria; Modif

tion of the Definition of "Acceptanc

Final Rule: Technical Amendment 

Fed. Reg. 52567, November 21, 1983)

1983-28 11 CFR 114.3 and 114.4; Communi

tions by Corporations and Labor Org

izations; Transmittal of Final Regu

tions to Congress (48 Fed. Reg. 505

November 2, 1983)

1983-27 11 CFR Parts 9001-9007 and 90

Presidential Election Campaign Fu

Final Rule: Announcement of Effect

Date (48 Fed. Reg. 49653, October 

1983)

Notice Title

FEDERAL REGISTER NOTICES

The items below identify FEC docume

that appeared in the Federal Register dur

October and November, 1983. Copies of th

notices are available in the Public Records 

fice.

$ 318,114

217,115

127,029

57,507

8,943

5,500

°

o

1,681

5,500

$1,146,135

697,763

270,749

228,011

226,662

200,508

192,081

146,346

82,772

76,575

°

$13,266

°

24,762

°

30,332

24,013

27,294

25,019

17,442

$ 500

29,501

9,184

40,118

21,248

°

7,632

°

22,081

5,682

Spending Spending

For Against

House

Thomas P. O'Neill (D-MA)

Jim Wright (D-TX)

Jim Jones (D-OK)

Dan Rostenkowski (D-IL)

Bob Edgar (D-PA)

Bill Chappell (D-FL)

Jim Dunn (R-MI)

John Kasich (R-OH)

Jim Coyne (R-PA)

Edward Weber (R-OH)

Candidate

Senate

Edward Kennedy (D-MA)

Paul Sarbanes (D-MD)

Robert Byrd (D-WV)

John Melcher (D-MT)

Lloyd Bentsen (D-TX)

Lowell Weicker (R-CT)

Howard Cannon (D-NV)

Edmond Brown (D-CA)

Orrin Hatch (R-UT)

Harrison Schmitt (R-NM)

Deoomber 1983

•

•

•

CHANGE OF ADDRESS

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 

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

the FEC, as appropriate.

Other Subscribers

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

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•

9
FEDERAL ELECTION COMMISSION

1325K Street,N.W.

washington, D.C. 20463

Official Business

FirstClass Mail

Postage& Fees Paid

FEC

Washington, D.C.

Permit No.G-31