•

January 1994 Federal Election C0 111111 ission Volume 20, Numb

Table of Conten s

Message from the Chairman

Commissioners

:? 1994 Officers Elected

ConIereuces

2 FEC 10 Hold Three Conferences

.ompllance

3 FEC Priorit izes Enforccrne nt

Cases

3 MUR 3309: Dole's 1988

PresidentinI arnpaign Pays

$ 100,000 Penalty

4 MURs Released to the Public

Rep orts

4 Reports Due in 1994

Court ases

12 Lalcouche v. FE

12 rs v, NRS

I:? New Litigation

Regulation

12 Hearing Scheduled on Personal

Use Rules

IJ ornrnents Sought 0 11 se 01'

.andidate's Name

13 Advi or)' Opi nions

13 F dernl Regi tel'

SOOLi ne

14 Registration by undidares and

Theil' ornmiuees

IS I ndex

FEC Closes 137 Cases

Under Enforcement

Prioritization System

Story on page 3.

Message from Trevor Pott er, hai r ma n

Ni neteen ninety-four w ill be an unusuall y important year for the Fede

Election ornmission,

Evid ence from recent campaign cyc les suggests that the midterm Con

sional electio ns wi ll produce another record year of report able campaign

acti vi ty . T he personnel and resources of the FEC 's information. pub lic

record s and reports analysis divisions will be stretched to the limit as we

attempt to handle a ri sing work load.

As a result or the recent reorganization of our enforcement caseload, t

omm ission wi l l deal w ith allegatio ns of maj or electio n law vi ol ations o

priorit y ba is. (More about this on page 3.) The ornrn issi n antic ipate

continuing litigation over the ffect of FEe 1'. NRA Political Victory Fill/

the recent D. . ircuit decision declaring unconstitutio nal the presence 

lerk of the House and the S crc tary of the Senate as ex officio members 

the Com mission. Thi s decision call ed into question enforce ment actio ns

taken whi le representatives of the ex officio members were present at the

ommission,

T he ommissions FY '95 budget request, currently befor the Pre .id

and ongress, a, ks for funds to provi de th ommission wi th much need 

add itional staff and with an electroni c fil ing capabi li ty . Direct fi li ng wou 

a significant step tow ard simpli fy ing III wo rk load of repon ing committe

and the ommission. It wou ld also speed public disclosure of both con tr

I tions and disbursements. w hich is an important goal of the federal electio

laws.

Finall y, both the House and Senate have approved versio ns of new ca

paign fin ance legislation, which wi ll nov go to a conference committee. 

legis lation were enact d in 19<4, it would b the fi rst maj or change in

campaign fin ance legislation in I - years. I t w uld als in vi tably result 

sig ni ficant increase in the cmmi ssiori 's wor kload. wheth r the ffective

date were 1994 or 1996.

I n the mi dst of all these challe nges. the Federal lcction ornrn ission

look s for ward to wo rking wit h yo u. Our staff is com mitted t assistin g y

fu lfi ll ing yo ur fi ling obl igations, as w II as hel ping you understand all o

complexit ies of the federal electio n laws. We stand ready to prov ide info

tion abou t the changi ng requirements of tl te law and regulations. Our go

onti nues to be [ 0 accomplish th missio n of the Federal Election ornm 

sion in a timely and professional manner.
Federal Eleclion CIJ/IIluiH iol1 RECORD

Commissioners

1994 Officers Elected

On Decemb er IS, 1993, the Comm issio n unanim ously elec ted Trevor

Potter as FEC Chairman and Danny

L. M cDonald as Vice Chairma n.

M r. Potter. who served a. 1993 Vice

Chairman. succeeds Scott E. T hom as

as Chairman.

Mr. Potter was confirmed by the

enate as a ornmissioner in

November 1991 . During his fi rst

years in o ff ice , he has served as

Chairman of thc Commi ssion 's

Finance Commi ttee and Chairman

of its Regulations Ta sk Force.

Before his appointment. Mr.

Potter special ized in campaign and

election law as a partne r in a W ashington. D.. law fi rm . His previous

experience in go vernment inc luded

serving as A ssistant G neral ounsel at the Federal orn municutions

Cornmission fro m 1984 to 1985. and

as a Department of Justi ce atto rney

from 1982 to 1984.

Federal EI .ction Commission

91)9 E Stree t, j .w

w« 'hinl-: tol1 DC 20463

ROO/424-9530

202/219- 420

202/219-3336 (TDD)

Trevor Poti er , huirmun

Danny L. Mcl>unald.

Vice huirmun

.Joan D. Aikens. 'orumissioner

Lee Ann Elliott, omrnissioncr

.luhn Warren cGarr

ommissioucr

Sculf E. Thomas, ornrnissioner

.lnhn ', SIII'ina, Staff Director

Lawrence M. Nob le. General

('OUIIS -I

Published by the lnlunnatlon

Division

Lo uise D. Wide s. Director

(; reg Scott , Associate diior

2

Mr. Potter is a graduate of

Harvard College. He earned hi s J.D.

degree at the University of V irgin ia

School o f L aw . w here he served as

Editor-in-Chie f o f the Virgi nia

Journal of In ternational L aw . He is

currentl y Ch airman of the American

Bar A ssociati on Committee on Election Law. Administrati ve L aw

Sect ion. Mr. Pott er is a resident of

Fauqui er Co unty, Virginia.

M r. McDon ald was first apt pointed to the ommission in 198 1

and was reappointed in 1987.

Before hi s orig inal appointment,

M r. M cDonald managed 10 regul atory divi sion s as the general administrator of the Okla hom a

Co rpora tion Cornmi:sion. He had

previously .erved as .ecretary of the

T ulsa Co unty Electio n Board and a.

chi cf clerk of the board . He was also

a mem ber of the Advisory Pan I to

the FE ' s ati onal learinghou 'e

on Electio n Admi nistration.

A native of Sand prings, Oklahoma. M r. McDonald graduated

from Ok lahom a State Un iversity

and attended the John F. Kennedy

hool of ovc rnrnent at Harvard

U ni v rsity. lie .erved a. FE hairman in 1983 and 1989. +

Conferences

FE to Hold Thr e

onferenc in J994

T he FE wi l l hold three campaign fin anc co nferences this year

in W ashin gton , New Orleans and

Pittsburgh. The 'e conferences offe r

ba .ic and advanced work shops on

the federal campaig n financ law

and provide an op port uni ty to

di s uss problem s and que uions with

FE ommissio ncrs and staff,

For more information, or 10 place

yo ur name on the mai ling list for

registrurion material s. call the FE

800/424-9530 or 202/2 19-3420.

J(/III/o r." 

Please note that placing yo ur nam

on the mailing Ii t does not mean

that you are registered for a confe

ence. Registration materials for

conferences must be subm itted b

the deadl ines .pecified in the

regi stratio n packets.

andidat e on ferenc e in

W ashington, D. .

T he Washi ngton conference is

de igned to help candidate and

campaig n staff comp ly w ith the

federal election laws. In addition

representatives from the Intern al

Revenue Service (IRS). the U.S.

M erit System Protect ion Board a

the Congressio nal ethic commit

will brief attendees on the applicable tax law ', the Hatch Act and

Hou: e and enate rul e ', reopeetively.

The day-l ong conference will 

held February I I. at the Washing

H il ton and Towers. 191 9 onnec

cut A venue. NW. Washington. 0

20009 (202/797-5 20). To recei v

the group ra te of 12- per night 

a single room. noti fy the hotel th

you wi ll b attending the FE

conference.

Th e 105 co nference regi '[rat

fee cove r ' mat rial and tw o mea

(continental breakfast and lunch)

I lew Orlean, and Pitt. burgh

R'g ional onference:

T he ew Orlean ' and Pitt 'bu

conferences wi ll include wo rk 'h

for candidate ". PA s and part y

committee '. Each 11/2 day onfe

cnce wi ll feature FE ornmiss i

ers and stuff. and iii xperts fro

the IR .

Th New Orleans con erence 

be helel M arch 14- 15, at the Omn

Royal Orleans. Th e Pittsburgh

onf renee is se t for A pril 28-2l 

the Pitt sburah Vista Hotel. (A ld

tional details wi ll appear in futur

issues of th Record.i +
•

)WII W r,l' 199-1- - --

FE Priorit ize

Enforc ment Case

Faced wi th an insurmoun table

enforcement backlog, the foE has

launched a prioritization system

designed to re olve . ignificant ca.

more quickly.

In the pa r. the Commi s: io n

attempted to pursue every enforcement case on it s doc ket. s the

number and complex ity of ease

increased. a backl og dev loped.

jeopardizing the agency ' abi l ity 10

enforce the law effectivel y. In

respon e:: . the omrni s ' ion ha .

develop d an enforcemen t prioriti -

zatio n sy. tern.

Under the new ystcrn. the

omrnission rank . enforcement

cases. based on speci fic criteria. to

ensur that the agency devol si ts

limit d resources to th more

. ignificant ca. c. on the docker. Th

agency pursues on ly as many ascs

as it nfor erneru staff can actively

and efficiently inve rigatc at one

lime. U .ing this prioriti zation

ystem, the ommission anticipate:

that. cI p nding upon whe n a

co mp lain t i fi led. higher-priority

cases w i l l be resolved w ithi n an

electio n cyc le. while cases thai do

nOI warra nt furt h r consideration

w ill be closed.

The ffi ce of Genera l Co unsel

(OG ) assist. the om m i. ' ion in

carrying out the prioritization

pro ess. II evaluate all incoming

enforcement ca es. according to

Corn rni .ion-approved criteria. and

then assigns cas s to staff based on

their priority . Less sig ni ficant ca. es

are either hcld until staff become

avai lable or. in some cases. recommended for clo. me , The OGC

deliver pcriodi ia tu repo rts to

the ComIIIi. . ion so that ir can

mo nitor the proce: s to en urc that

decisions I' garding the priori ty of

case arc rca oned. objective and

consistent.

As part of the pri oritization

process, the ornrnis' ion vo ted on

Decernb I' 9 to rak no further action

on 137 enforcement cases and ni ne

enforce ment referrals from its

Reports An alysis Di vision. T he

closed case. fcll into two broad

categories: those whi h were

rela ti ely in significant compared

w ith oth er pending case and tho se

thai wc re stal • meaning the activity

occurred prior 10 the 1990 election

cycle.

In ex plaining rh om mi. sion's

action. hairrnan Scott . Thoma

said that the agency "cannot. and

should not. attem pt 10 fully investigate and resolve ea hand c ery one

of the hundred s of uses that come

before [it]. Lav enforcement

agenci e at c e::ry level of government often u their pro se utoria l

di. cre tio n in selecting th cases they

can prosecute."

A mong the factors the ornmissian uses to prioritiz case arc: the

prcsen of knowing and wi llfu l

intent: the apparent imp act the

alleged violation had on the clectora l proce. . : the amount of mo ne I

involved; Ihe:: age and timing of the

iolation: and w hether a part icular

legal area need. specirI attention.

Wh i le prioritiza tio n wil l mean

tha: [he ornrnission does no t

pur sue . orne cases. hairman

T homas explained that the system

"wil l bener enable th FE to wo rk

on a wid rang of as s at all

times." He cauti oned. " , 0 one

hould assume that any particular

type of iolarion \ i ll be overlo oked ,"

In a related move, the ornmission announ ced that it wi ll seek

higher ivil penalties when se rious

violatio ns are found. "If pay ing ivil

pcna ltie. was considered a cost of

doing bu. inc . . in the past, that \ ill

chang ." Chairman T homa aid .

To Obtain a copy thc 50 -page

pre. . release detai li ng the

ornmissions acti ons. con tact the

Public Di closure D ivi sion at 202/

2 19-4 140 or 800/424-9530. •

F('II" /(/I Election Conunisstou RE

I I 'R 3309

Dol 1988 Pre idential

ampaign Pa. 100,000

Penalty

In M R 3309. Senator Rob

Do l's 198 President ial camp

commi ttee. his leader. hip PA 

I I other responde nts entered i

conciliation agreement \ ith t

Federal -Ieclion Cornrni sio n. 

respondents agreed to pay ci i

penalric. total ing nearly ' 12 .

for violations di. covered du rin

ommissions aud it of the cam

paign. T he Dole for President

ornmi uee the campaign com

tee) and arnpaign merica (. 

[or Do le' leader hip P ) ag

10 pay civil penalties of 100.0

and $ 1_. 0 • re pcctively. The

campaign co mm ittee al. 0 agre

refund more than $ 104,0 0 in

exce iv and prohibited ontr

tions cith r to the contribu tors 

the U.. T reasury .

' . ces ive ontributions

During 19 and 1987. arn

meric: pent more than 47.

on "testing-th - atcrs' a tiviti 

Iowa and w Harnp hire. Un

I I CFR 100.7(b )( I). paym ent 

to " tes[ the waters" for a future

candidacy are not co nsidered

contributions . Once candidacy 

declared. however. the paymen

become report abl e campaign

contributions. subject [ 0 .. tatuto

limi t and prohibi tion . ince

Campaign meri a ould lega

con ribute onlv 5.0 0 to Sena

Dole', Presidential campaig n. 

exceeded its onrribution limit 

more than 42.000. and the ca

paign know ingl y ace pted the 

ki nd contributions. 2 U. . .

§§44Ia(a)( )( A) and 44 Ia( l} T 

campaign agr cd to refund the

exce. ive amount.

T he Do le for Pre .idcnt Com

tee al 0 knov ingl y accepted ex

ive con tribution from indi id

partner. hips and political com

tees totaling mol' than $251 .0

(mll /ill lled (III p
Fedcrat r.!t'rr;o/l l lJllIl/li,u i/lll RECORD

fore nt

(co ntiuued fmlll pag J )

the l ime the conci lia tion agreemen t

wa ign d. Jul y 7. I 9 . the

committee had refun ded all but

$3.000 of thi. sum. and aur ed 10

refund the I' '1.

Proh ibit d or porat ontributi on

T he Dole for Pre. ident ommitlee knowingly accepted direct and

in-kind contributions fro m several

cor porations in violation of _ .S.

*44 1b. Of the $64.000 total. the

campaig n ccmmittee had refunded

$7._00 at the time of the aureement.

and a ire d to refund the remaining

$56.800.

h campaign also fail ed to pa .

in advance. for the u e of corporate

airc raft. in violuti n of II FR

11 4. (e), hat re ulation require .

advance payrn nt for the u I'

orporute aircraft. at either th first

cia ' air fare lor tra el b twe n

ci ti s : erved b cornm rcial airli nes

or the charter rat for cities that re

not link db commercial s I' ic .

: of July 1 • the cumpai n had

r imbursed the corp rati ons involv d. ne paym I1t . how vel'. was

nearly $2.500 I ss than th amo unt

owe d. T h committee agreed to

reimburse that corporation,

•,'t'e ive . xp nditur

Th e ampaign comm in e xceed d th SIal spendi ng limits in

Iowa and j ew Hampshire by a lol aI

of more than 5 8.0 O. Til tate

expendi ture lim i t . which ar ba ed

on a late's vo ti ng-age population.

appl. to all Presidential candi da:

that accept primal' maichin fund .

_ U, . . : 4 I a(b .

L e Jnl and Accounti n J om pl ianc

und

Th e campaign commiue deposited nearl y 11 9.000 into a leaal and

accoun ting comp liance fund to be

u ed i f the candidate had become

the party' s nom inee in the general

ele rion. I I FR 9003 .3(a). When

the candidate failed to receive the

nomination. the commi ttee ha J sixt .

day 10 refund the contribution or

10 "ha e the con tribu tor re I igna te

the contri bution to another election.

II CFR 102.9(e). T he committee

lid not complete thi pr ce wi thin

i uy da . bUI did make the nece. -

. ar refunds in Januar I 9 1.

Delegat e Activity

Finall y, the campui n committe

fai led to di scl ose the financial

activity of eighteen authorized

delegate committees. Under I I FR

104.3(f) , a principal campaign

comrn iuee must fil a special

con .olida: d rep rt dis losing th

receipts and disburs ments of all

commi ttee authorized by th same

candi date. +

1'1 d to III Puhli

Li ted belov i an FE enforcement ca . latt r Und I' R vi \ I'

IlJR) recentl y releas d lor public

revie . The informat i n i bas don

the FE pre I' I a e of De ember

3. 199.foil on l e i IUks nre

available for revi ew in the Publ ic

Record: Offic

M R 3607

Re pend ent : (a) Robert W. Kasten,

Jr. (WI):(b) Kasten 1'0 1' S nate ommittee, Inc.. Jame. Behrend, treasurer (W I; (c) N rth west ir lines.

Inc. (M N)

om pla ina nt: Paul W. \ allig (D

ubj ect: orporate in-ki nd coruri -

burien

Di po ition: (41)-( ) , reason to

belie e +

Jell/I/O1'1' 1

Reports

R port II in] 994

Thi article on ti ling requirements or elec tion year 19 4 i.

· uppl mented b the reponing

tables that follow.

It i. th re .pon ibility of the

committee rrea ur I' to file requir e

report s on tim e. To as i. t treasure

the orrunission send commiuee

FE reponi ng form and notice: o 

upcoming report ing deadline '.

F I' urther informntion on

reporting I' to order extra rep rtin

forms. call the E : 800/ 4-95 . 

or _02/_19-3 _0.

Aurhoriz d ummi tte

or an dida t

/994 H OIt.H' and enate Candi-

{/ClI£,.\. uihoriz d comrniu f

1994 Hou and enure candi date

f le th follov in" reports:

• Quarterly I' porI. : I

• A pre-primary report: 1

• PI' - and post-general election

I' ports (if til candidate participates in the general election ); an

• 8-hOllr not ices 0 11 cntributions 

1.0 0 or more received urer th

20lh day. but more than S h uI'

b f re th day of ach electi n i

whi h th candidate participat s

I 'UI l' that 0 1/ authorizetl (011/11/;/1/'(' IJ 

/99-1 candu lat 11/11 I ile on 1I qllurl('

bu ;.1in 199-1 CI'('II / ' Ih £' rmulidau:

withdraws he ore participot/llg in 11/(

primarv H OlI'l'I'I' !", sueh a committe

would 11(1/ hUI'(' 10 file a pre·prill/ary

report (o r other cle rtion rep orts ] 1I1/I

lite candidate' name remained ()II 11/

I>al/I/I

: A 111'(' " 1/111'1'11 1/011 report is required

0 11 1\' if tlu: convention 11lI.\' autliorit» 1

nominate. See II e FR /OO.2(e).
'/ lII lltal ',l' 199.; Federal Electio« C O/llll li.u;OIl RE

-------------

These notices are due within 48 1993 Year End Report • hours of the committee's receipt of Note: All committees file this report.

the contribution. 11 CFR 104.5(a)

( I) and (t). ' Report Period Covered Filing Date I

Note: Committees are required to Year-End Closing date January 3 1. 1

file election reports and 48-hour of last report

notices even if the candidate is through 12/3 J/93

unopposed in the election. Moreover, these reporting requirements

still apply even if a primary or 1993 Month)' Reports

general election is not held because

Report Peri od Covered Filing Date I the candidate is unopposed or

received a majority of votes in the January January 1-31 February 20 previous election. However, no February February 1-28 March 20 report is required for a primary March March 1-3 1 April 20 election that is not held because the April April ]-30 May 20 candidate was nominated by a

caucus or convention, for which a May May 1-31 June 20

pre-election report would have June June 1-30 July 20

July July 1-31 August 20 already been filed. See I I CFR August August 1-31 September 20 110.\0) . September September 1-30 October :W Other House and SCI/a(c Candi- Pre-General! Oct, l-Oct. 19 October 27 dales. Committees authorized by Po t-General Oct. 20- I ov. 28 December 8 House and Senate candidates who Year-End Nov. 29-Dec. 3\ January 31, 1

ran or intend to run in a year other

than 1994 file on a semiannual

e basis. J I CFR 104.5(a)(2).

P 1994 Quarterly Reports residential Candidate . All

committee. authorized by Presiden- Rep ort Close of Books Filing Dale I

tial candidates must file 0 11 either a

monthly or a quarterly schedule. Ist Quarter March 31 April 15

II CFR 104.5(b)(2). A Presidential 2nd Quarter June 30 July 15

committee wishing to change its 3rd Quarter September 30 October IS

filing schedule should notify the Year-End December 31 January 3 1. 1

Commission in writing.

PACs and Party Committees Pre- and Post-Election Reports PACs (separate segregated funds

and nonconnecred committees) and for November 8 General Election

party committees that filed on a Rep ort Close of Books Filing Date I

semiannual basis during 1993 now

file on a quarte rly basis. Monthly Pre-General! October II) October 27

filers continue on the monthly Post-General November 28 December 8

(co nti nued Oil page 6 )

<Since 4R-ho/lr notices do 1101 have I II

he sigll ed hy the treasurer. they nur: he

5('1/1 by mailgram . telegram Or tet efacsimile ((a.r) machine in order ( 0 meet

the 48-ho/rl' requirement. 0 1988-32.

Tile[as numbersfor the Clerk of(he

H ouse and (fie Secre tory oj' (he Senate

an': HOl/se- 202/225 -778 1: Sc nllfe-

'20212 24-IR51. N Ol l' : OIlier rcpons and

statements may 11 01 he faxed.

I Reports sen t hy registered or certified ma il must he postmarked by the jiling 

texcep! ill I//(' case of the pre-general electi on report; seefootnote 2). Report s 

hy other means 111/151 br rece ived by tlte Jl li llg da te, I I CFR 104.5(e ).

:If sent h." registered or certified mail. (1Ir! pre-grnerol must be postmarked by

October :lA.
FrJeral Eln firm Commission RECORD

Reports

(continued from poge 5 )

schedule. PACs andparry committees

may. however. change their filing

schedule. as explained later in this

section.

Note that <I II PACs. whichever

schedule they follow. are subject to

the 24-hour filing requirement for

last-minute independent expenditures (also explained later).

Quarterly Hters. A PAC or party

committee that files on a quarterly

basis must additionally file a postgeneral election report. 1I CFR

104.5(c)(1 )(i) and (iii).

Quarterly filers may also have to

file pre-convention. pre-primary. prerunoff and pre-general election

reports. The requirement to file a

pre-election report is triggered if the

committe e makes a contribution or

expenditure in connection with the

election during the applicable

reponing period. II CFR

104.5(c)( I)(ii). A reporting period

begins the day after the close of

books for the last report fil ed and

continues through the close of books

for the pre-election report.

Note that. although the FEC

sends com mittees notices of upcoming reporting deadlines for quarterly

reports and general election reports.

the agency does not send PACs and

party committees pre-election

reporting notices for Congressional

conventions. primaries or runoffs.

Monlhly Filers. Unlike quarterly

filers, PACs and party committees

filing on a monthly basis do not file

pre-election reports for conventions.

primaries or runoff elections. They

must. however. file pre- and postgeneral election reports. which are

filed in lieu of monthly reports

otherwise due in November and

December. II CFR 104.5(c)(3).

Cha nging the Filing Sched ule.

PACs and party committees filing

on a quarterly schedule may change

to a monthly schedule in order to

avoid having to file pre-convention,

pre-primary and pre-runoff reports.

6

The committee must first notify the

Commission in writing. The norification should accompany a report

filed under the committee's current

reponin g schedule. A committee

may change its filing frequency only

once a year. II CFR 104.5(c).

24· HolIl" Repons on Independent

Expenditures. Any PAC (including

a monthly filer) that makes independent expenditures in connection

with any election (convention,

primary. runoff. general) may have

to file a 24-hour report. This report

is required when a committee makes

independent expenditures aggregating $1,000 or more after the 20th

day. but more {han 24 hours. before

the day of the election. The report

must be filed within 24 hours after

the expenditure is made. For more

information on the 24-hour reporting requirement. see I I CFR

I04.4(b) and (c) and 104.5(g). See

also "Where to File" (below) for

special filing requirements.

where to File

Committee treasurers must file

FEC reports With the appropriate

federal and state filing offices.

Please note that:

• The addresses for the federal

offices (FEC. Clerk of the House

and Secretary of the Senate)

appear in the instructions to the

Detailed Summary Page of FEC

Forms 3 and 3X.

• A list of state filing offices is

available from the Commission.

House and Senate Can didate

Committees. Principal campaign

committees file with the Clerk of the

House or the Secretary of the

Senate, as appropriate. I I CFR

105.I and 105.2.

The principal campaign committee musl also file a copy of every

report and statement (including 48-

hour notices) with the filing office

of the state in which the candidate

seeks election. 2 V.S.c. §439(a)(2)

(B); I J CFR 108.3.

J W IIW I'Y /<

Presidential Candidate Commi

lees. Principal campaign committ

of Presidential candidates file wit

the FEC J I CFR 105.3.

The principal campaign commi

tee must also file a copy of each

report and statement with the filin

office of each state in which the

committee makes expenditures.

2 U.S.C §439Ja)(2)(A); I I CFR

108.2.

Candida!" Committees with Mo

Than aile Authorised Committee. 

a campaign includes more than on

authorized committee. the princip

campaign committee files. with it

own report the reports prepared b

{he other authorized committees a

well as a consolidated report (FEC

Form 3Z or page 5 of FEC Form 

as appropriate). I I CFR 104.3(f).

C. lind Purly Committees.

Generally PACs and party commi

tees file with the FEe. There are.

however. exceptions:

• Committees supporting only Ho

candidates file with the Clerk of

the House;

• Committees supporting only

Senate candidates file with the

Secretary of the Senate; and

• PACs file 24-hour notices disclo

ing independent expenditures on

behalf of House and Senate

candidates with the Clerk of the

House and the Secretary of the

Senate. as appropriate. II CFR

I04.4lc) and 104 .5(g).

PACs and party committees m

also file a copy of each statement

and report with the app ropriate st

filing office:

• Committees making contributio

or expenditures in connection w

House and Senate candidates fil

in the state in which the candida

seeks election. The committee i

required 10 file only that portion 

the report applicable to the cand

date (e.g .• the Form 3 Detailed

Summary Page and the schedule

showing the contribution or

expenditure). 2 U.S.c. *439{a)

(2)(B); J J CFR 108.3. +
•

Junuurv 1994

uid 10 I 4 R P rting

IIcommittee mu t also file (J 199 year-end report . due January 31. 199 )

Federal Election Commission RE

Requir d R port

hied in lieu of ovem 

December m n hi re

T ype of , iter

Hou e and na e

of 1994 Cand idate.

Other H II e and enare

Campaign

Pre. id ntial

P and Part

Filing tonthl,

emia nnual Quart rly

.I

.I

.,I or

'Jonthty

.,I

.I

Pr .

Primary

.I

I equired nl) I ' candidate run 111 el

.I

.

.

r quircd onlj cornrniuee

rna . > ontriburions or

e penditurc: in conne lion

ith ele tion during the

rep rting period

P C and Party

Filing liar erl

mnuttce .I .I .I .

requi

regard

0 ' a ri

I Cate.~or.' also 1//( II/d,·. pre-convention and pte-runoffrepot Is.

treponing. tables continued Oil I

zPre sidentiu! (' mnuttees that \\'1 It 10 (lwI/,rw their Ilill~ requenc» durins; 199 . lw l/ftl ll otify tit Commis ion 111 writing:

' P C. and part» conmuur • that lletl on a 5('1IIi(/l1llIlUI b 1.1\ 1// 1993 file 01/ 1 qu lrtt:II.' ba is ill 19 4 To avoul the need 

pre -primor« and pr ' 1'11I10 reports, lit sc committees 11I/1.' ('111I11." to 1II0Il/It"· I lillg I thevfirst noti y the Commission ill II 

Committees I//OY (/((1111:(' 71ill l: I equen «Y only one e a yea r II CFR I . -(t}o

,. porttll.l1 ""noel h('gill 11';,1, t!l, close 0 book: 'or the 1(/ I report lted (/1/(1 nds \l'1I1t tlu: IflSillf! d II£, for the oppticobl

/('I//WI.
Federal Election Commission RECORD .lanuarv 

----- - ---

Pre-Election Reporting Dates:

1994 Primary and Runoff Elections

Regist ered/Certified

Sta te or Territory Elec tion Day Close of Book s I Mailin g Dat e 1 Filing Dat e l

Alabama June 7 May 18 May 23 May 26

Runofr: June 28 .I une 8 June 13 June 16

Alaska August 23 August 3 August 8 August I I

Arnerican Samoa' November 8 October 19 October 24 October '27

Runoff: November 22 November 2 November 10· 'overnber 1

'" Arizona September 13 August 24 August 29 September I

Arkansas May 24 ivlay 4 May9 lay 12

Runoff: June 14 May 25 May 30 ·\ .I une 2

*California June 7 lay 18 May 23 lay 26

Colorado August 9 July 20 July 25 July 28

"Connecricut" September 13 August 24 August 29 September I

*Delaware eptember 10 August 2 1 Augusl26 Augusl 29

epternber 1

August 25

September 2

August 29

August 22

September 19

August 24

August 17

September 14

District of Columbia September 13

-:---.-*fo lorida September 6

'r->' Runoff: October 4

Y'Slales !Jolding 1994 Senate elections.

I This dale indicates the end oflite /'ellOrtillg perio d, A /'elJOrring period 0111'0.1'.1 hegins the day afler the closing dale ofthe tus

report fi led, l]the conuniuee is 11(' \1' and 1/(/.1 1/01 previously fl lcd a report, II/(, firs! report must ('m'er all activit» III(/( occurred

before the conunittee registered and, i/ upplicabl«, before the individual became a candidate,

! Reports SOIl hy registered or certified mal! 11I11.1'1he postmarked hy tlte l/1([ilillg cia/e. Otherwis«, Ihcy /JIIISI he received hy the

ji lillg date.

(In American Samoa, If a 1'111I()ff is //01held , tlu:Nm'eIl1 1J(!/' 8 election is considered the gener«! election, and a l,o.l-ge//eral

elect iou repon is therefo re requi red. Ir a ru nof] is held , the November 22 election is considered the genera! electiou, with tlu:

post-general reporting dates usfollows: dose o] book», December 12; II/aili//gljili//g date, December 22.

The moili//,r; dale is the sante as II,e filing dale because the computed II/oiliug dale wouldfu'! one day before II/e priniar» was he

,I Note 11101lire last da)'for a rcgisteretlicertiftet! postmarl; is a [edera ! holida y, whe» POSI offices are closed , The report should

theref ore he POSIII/(II'kNI before tluu dale .

"1// ounecticut, each parly will hold a convention that 1/0.1 Ihe oUlluwily 10 nominate a candidate: pre-convention reporting. i

therefore required . l]o condidate is so nOll/i//oled 01a convention, and the nomination is //01 challenged. the nominee does no

participut» in the primar» 011I1has /10 contributiou limi! or l'eIJO/'li//g requiremenssfor lir e primar». I I CFN IIO.I(j J(4J: sec a

AD I CJ82-4£J .

Wi,li respect to II/e Senate /'I}('I! , the Democrats will 1/O/IIil10le their candidate on July 16; the pre-convention reporting dal

are asfo llows; dose ofbooks. Jun « 20; regist('red/call/ied " /(Iilillg date, Jnly I:fi ling date, July 4, a[cdera ! holiday. (Filin '

deadlines arc 1/01 e,rlended \I'h C}) theyfat! Oil n/}/l\I'orki//g days: the report should therefore be recei ved hy the appropriute filin 

offices Oil July l or postmarked Ii.\' 11101 dale , if sent hy registered or ccrtified mail.t Till! pre-convention reporting dutes for th

selectio n oft he Republican Senatorial nomineo all July 23 are; close ofbooks. Jllly 3: !'egisll!l'ed/Ct'l'/ificd II/oili//g date. .lilly R

[iliug dale. July II . The nomination datesfor House candidates are nOI ye! availablc,
lannorv 1994 Federal Eft'lliOlI Commi,I',lioll RE

•

H: eglstered/Certifi ed

Stal e or Territory Election Da Close of BooksI :\I ailin~ Dale ! Filing Da

Georgia July 19 June 29 July 4 1 July 7"

Runoff: August 9 July 20 July 25 July 28

Guam September J August 14 August 19 August 22

"Hawaii September 17 August 28 September 2 Septembe

Idaho May 24 May 4 May 9 May 12

Illinois March 15 February 23 February 2S March J

" Indiana May J April 13 April 18 April 21

lowa " June 7 May 18 May 23 May 26

Kansas August 2 July 13 July 18 July 2 \

Kentucky May 24 May 4 May 9 May 12

Louisiana October I September II Sept ember \6 Septembe

General: 7 November 8 October 19 October 24 October 2

" Maine June 14 May 25 May 30 J June 2

" Maryland September 13 August 24 August 29 Septembe

• " Massac husetts September 20 August 31 September 5 ,I Septembe

"Michigan August Z July 13 July IR July 2 1

" Min nesota September 13 August 24 August 29 Septembe

'"Stme. haldmg 1994 SCI/ale elections, (continued 011 p

I This date indicates the end of the reporting period. A repnrtillg period alwop begins the dar of IeI'the dOliJlg dare of the 

report filed, If the commiuee is Ilew and ha s 1101previouslv fi led (I report , the fi rst re port mUSI ('()\'N all aetil'il.\'thai occur

before tll(' committee reglslered and, ifa{lfJ /icahh' , before tlie individual became a candidate ,

pofl~ sent lIy regi.ltered or certified mail mll.11 he posnnarted hy the /1 )(1 illll&dale. Other....ise , 1111')' nIlisl he received by 

filing date .

,! Note 111U1 the tast day jnr Q rexiSlel'ed/n'uified pastnmrt: is a federal ho liday , when post offices are dosed. The report .Iho

Ih('l"i101'(' he postmarked before that date .

J The J llly 4/1urler/.I' report is wail'ed for commiuces filing Ihe Georgia fire -primary report. See II CFR 104 ,5(u )(I J(iiiJ(C J 

(e i( I )(iJ(C).

•

<Note 1//(/1 tile filing date is (I federal Iw lida)'. B('i'OllSe filin g dates are 1101 extended ....lien I!ley f all nn Ilonworking days , th

re/l0l'l should be received hy the appropriate filil/g offices hy Sep /emher 2, the Friday bef oi e (or se nt hy registered or (crl

mail and postmarked hy inat da le ),

"111fOVl'(I, a party may. under ce rtain circumvnnces, nave the option of holding (J convention 10 nominate d candidate FJrt

ge/leml election, tnthat case, u pre-convention report would he requtred mstead ot a pre-primary report.

1 A fJOsl-geliera l ctccuon report is utso requirel!. Note Iha l lf a candidate is unopposed in the general election, his or her c

Ice ueverthctess 110.1' a ulIllrilmlir/ll limil for Ihe general and is required 10 j ill' PI"C- and !Jm t-gcllel"{/I election reports II C

110.1(jJ(3) and AO 19M -54.
F,'dl'!"a/ EIt'd/oll Commiu;oll RECORD JlJIlIJan ' / 

Reglstered/Certifled

State or Territory Election Day Clost' or BooksI Mailin g Dale ! Filing Dale !

*' Misvivsippi June 7 May 18 r..1ay 23 May 26

Runoff:June 28 June 8 June 13 June 16

" Missouri August 2 July 13 July 18 July 2 1

• Montana June 7 May 18 May 23 May 26

" Ne braska May 10 April 20 Apri125 April2S

" Nevada September 6 Augu st 17 August 22 AugUSl 25

:"Jew Hampshire September 13 August 2.! August 29 September I

• New Jersey June 7 May 18 May 23 May 26

" New Mexico June 7 May 18 May n May 26

" New York September 13 August 2.! August 29 September I

NOr1 h Carolina May April 1) April IS April 21

Runoff: \ tay ) I May 11 May 16 May 19

" North Dakota June 1-1 May 25 May 30 ' June 2

"Ohio May 3 April 13 April 18 April 21

Oklahoma August 23 August 3 August 8 August I I

RUlloff: September 20 August 1 September 5 ' September g

Oregon May 17 April 27 May 2 \-lay 5

'"Penn sylvania May 10 April 20 April 25 April 28

---

Puerto Rico Resident Commi...sioner to be elected in 1996.

... Rhode Island September rJ August 24 August 29 September

k South Carolina June 14 May 25 May 30' June 2

~~ Runoff:June 2S June 8 June 16 l June 16

j/'i South Dakota June 7 May 18 May 23 M:IY 26

Runoff:June 21 June I June 9 l June 9

• 'a1e~ hoMing 1994 Senate (·le( 1I1I/1f

I Tlus ,lair iI"linll"s l1Ie end I t] the l'('p(l"lil/ /)('riOO A I"r,lOllillg pe/"iod atwa \'S "('gim Ille dav IIlle, 111(' d01in .~ (hil t' (lIII,(, /au

1"('/'011 filed If th e u lmmlf/('(' i., 11,' " , uud haJ lint lI! e\-;ou.l/y filC'd u rl'pOlI . ' '' e/il'1l I '·pon nmst (m'l'/"atl at li.-i l.\" that 0(( /IIH ',I

I)(!fol(' l1Ie l"I"''''''fI('(' r(' ~;.II('I't',1 and, Ifdp"linlhh', be/orr Ih.. imllrlt/llul 11('nllll(' (I ('lm,h,hlt C' _

! R('/ItJI'I.\ UIII lIy l('gi.\I('1 t'IJ o/"('t' /"I//it',Jmllil nlll si he pmllnade,1 by Ifl(' mmllll}: date O IIt('lll·/U . 11It'.\· nllnr JJ(' /"r'("" " 'c,1h .l' 111(

"lill cltll(' .

' Nott' Ihar rllt' lUJ/,ll1\'/lIr II n!.~ ij't" -l"drn'r/!/i('d Ilfl.vmlll-J; 1.\ "!t'(kl,,1 no",h,y. when pm r (lff1c'l' ! (1ft' closed Tltr 1"('",,,-1 .dlO/I/d

'''('I'(,/ol"r he pOlrJlwr"t',II)(!!flU thatdate. 

J The mailing JaI(' H 11t(' Jlm'e aJ l ilt' fi/;n JUIt' because rh(' cUII'lmled lIlail/"R d<ll(' wO/lld fll/l OIJ(' ,Jay be'1i,,-(' IllefJ/"inwI".\' 11. , .\ "(

10
Lanuurv / 994- - - - -- [ ('(/('/"(// E!('('/;O/l COllllllis.,ilJII R£C

• Registered/Cert ified

State or Territory Election Day Close of BooksI Mailin g Date 1 Filing Dat

*Tennessee August 4 July 15 July 20 July 23.1

*Tcxas March 8 February 16 February 21.j February 2

Runoff: April 12 March 23 March 28 March 3 1

" Urah' June 28 June 8 June 13 June 16

"'Vermont September 13 August 24 Augu t 29 September 

*Virginia/) June 14 May 25 May June 2

Virgin Islands September 13 August 24 August 29 September 

"'Washington Septernber 20 August 31 September 5 September 

"' West Virginia May 10 April 20 April 25 April 28

" Wisconsin September 13 August 24 August 29 September 

*Wyoming August 16 July 27 August 1 August 4

'"States liokling 1994 SCI/ate elections.

I This dare indicates the end of the reponing. period, A reporting period always hegills lite day ofter the closing date of the l

rei10 rt Fled. lfthe committee is lI e ll' aud has not previoustyfitet! a report, lite[irst report 111 11 51 COl'('/" all oClh'ily tluu occurr

before the committee registere d and, ifapplicable, before tt« indi vidual became a candidate,

:RelWI"/S sell/ 1).1' registeret! or certified mail !/I/(SI he postmarked hy the mailillg date. Otherwise. rhey must he received by t

filing dale.

JNot e that the filing dare is 0 Saturday, Becau sefiling date s are 1/01 exte nded when Ihey fall 0 11 nonworking days, tlie l'e!J(J 1

shonIii be recei ved by the app ropriate [iliug offices II)' Jilly 22, the Friday before.

-I Note that the lasI dovfor a rcg lsteredtrertified postma rk is a [ederal liollday, when IHISI off ices are closed. The repon sho

therefo re be postmarked before 11101 date.

•<Iii Utah, pre-convention reporting is required [orthe Democratic and Republican conventions Oil May 7. (The pre- conven

repol'/illg dales are as[allows: close of hooks, April 17: registcredlcertified mailing dale. April 22: fili llg dale. April 25). A

candidate receiving at least 70 percent of tlte convention vote becomes the parry'.I' nominee and does 1101 participate ill the

primar». /11 that rase.the nominee has 11 0 co ntrib ution limit or reponing requirenients f or the primary. I I CFR I IO.I (j )(4)

also AOs 1992-25 and 1978-30.

" In Virginia, each part» within a Congressional District decides whether ro hold a primary or (/ convention. f/ o convention 

held, pre -convention reporting is required. lnjonnation 011 convention dales/or Congressional races is 1101 yet availabte,

Wilh res/leu to {he Senate races. the Democrats wil! hold a primorv Oil June 14 (repol'/illg dales shown ill table}. The Re

COl/S, howev'('I", will hold a CO/ll'(!IUiOn IOnominate their cu ndidate OI/ .I l1l1e 4. The pre -convention repo rting dates are asfo 

d ose of hooks. May 15: registeredlcertlfied moiling dare. May 20:/ ilillg dale. May 23.
Federal Election Commission RECORD

Court Cases

Lakouche v. FEC (92-11 00)

The Supreme Court . without

comment refused 10 review an

appea ls court decision that directed

the FEe to certify matching funds to

Lyndon l.akouche. Jr.. for his 1992

Presidential primary campaign.

The Commission had denied Mr.

Lak oucbe matching funds based on

his past abuses of the public funding

law and his conviction for mail

fraud. including fraudulent fundraising. In addition. the Comm ission

had cited its obligation to ensure

that tax money was not misused.

The Court of Appeals for the

District of Columbia Circuit concluded IhM the Commission did not

have statutory authority to deny

matching funds to Mr. l.akoucbe.

1992 F.2d 1263 iD.C. Cir. 1993).)

(For a summary of that decision, see

the September 1993 Record.v +

FEC v, NIlSC (93-1612)

On November 24, 1993. lhe U.S.

District Court for the District of

Columbia dismissed a suit the

Commi ssion had filed against the

National Republican Senatorial

Committee (NRSC).

The court cited the recent appeals

court decision in FEe v. NRA

Political Victory Fund. No. 9 1w5360

.o.c.Cif. OCL 22. 1993) as the

basis for its action. In that case. the

appea ls court held that the presence

of two Congressiona lly-appointed

ex officio members on the Commission violated the Constitution's

separation of powers. (For a SUITlmary of the appeals court decision.

see the Decembe r 1993 Record.s

The district court did not address

the merits of the NRSC case. which

Involved allegedly excessi ve

contributions made by the NRSC to

a 1986 Nevada Senate candidate .

(For a summary of the case, see the

June 1993 Record.)

12

On December 2. 1993. thc

Commission moved for rccon sideralion of the district court's order. +

New Litigat ion

FEC v. La rry Williams

The FEC asks the court to assess

civil penalties against Larry Williams for making prohibited co ntributions in the names of others. and

for exceeding his individual contribution limit by more than $26,000.

The case stems from an FEC

enforcement mat ter that was nOI

resolved through the sratutorallyprescribed conciliation process.

2 USc. §437gla)14)(A).

The Commission found probable

cause to believe thai Mr. Williams

violated 2 U.S.c. §44 1f by reimbursing 22 individuals for contributions they had made [0 the 1988

Jack Kemp for Presiden t Com minee

and Victory 'R8, a joint fundraising

committee suppo rting Mr. Kemp's

candidacy. Those reimbursements,

combined with Mr. Williams' own

contributions to the Kemp campaign

(including a $4.000 purchase of

Super Bowl tickets that were offered

in exchange for contribut ions to the

campaign), exceeded the $1.000

statutory limit on individual contributions by mere than $26.000.

2 USc. §441ala)II )IA).

Since the Comm ission found that

both violations were knowing and

willful. Mr. Williams faces possible

civil penalties equa l to 200 percent

of the amount involved. for eac h

violation. 2 US c. §437g(a)(6)(C).

In additio n to requesting the civil

penalties, the FEC asks the court to

permanently enjoin Mr. Williams

from further similar violations and

to award the Commission irs costs in

the action.

U.S. District Court for the

Central District of California. Case

No. 93-6321. October 18. 1993.

) , 111I1(/1\' 

Center for Responsive Politics 

FEC

Pursuant [0 2 U.s.c. §437g. th

Center for Responsive Politics as

the court to declare that the FEC

failure to aCI on three complaints 

filed is unreasonable and contrar

law. The Center further asks the

court [0 order the agency to resp

to the complaints. within 30 days

either by executing conci liation

agreements with the respondents 

by filing suits against them. The

Center also asks the court to awa

it costs and attorneys' fees.

The three complaints-filed

respectively in November 1990.

April 1991 and June 1991-nlleg

that respondents violated 2 U.S.C

§441a by making contributions i

excess of the statu tory limits.

U.S. District Coun for the

District of Columb ia. Civil Actio

No. 93·2250, October 29. 1993. 

Regulations

Hea ring Scheduled on

Personal Use Rules

The FEC will hold a public

hearing January 12. 1994. on its

proposed rules governing candidates' personal use of campaign

funds. (For a summary of the

proposed rules, see the October

1993 Rcw rd.)

Candidates have long been

prohibited from using campaign

funds for personal expenses. Ho

ever. until the beginning of the 1

Congress, many members of

Congress were exempted from th

ban. Consequently. the Commiss

was rarely called upon to addres

the issue of personal lise. At the

beginning of the I03d Congress. 

ban became applicable to all can

dates' funds. For this reason, the

Commission anticipates that a

greater number of questions may

arise in this area.
•

•

•

iII/JUlin' /99-./

Unde r the proposed rule s.

expenses that would exist regardless

of the cam paign or the candid ate's

respo nsibilities as a federal off iceholder wo uld be considered personal. T he proposed rules offer

examples of the types of expenses

tha t wou ld fall into this c a tegory. +

Co mments Sought on

Use of Ca nd idate's Name

The Comm ission invites comments on a proposed change in its

regula tio ns that would all o w all

unauthorized politi cal committee

(i.e., a committee not authorized by

a speci fic cand idate) 10 use a

cand idate's name in the title of any

special project or other communication, if the title clearly indicated

opposition to the named candidate

by using word s such as "defeat" or

"opposed," Under current rules, any

use of a candidate's name in such

titles is prohibited I

The proposal was published in

the Federal Register on December

15, and comments are due by

January 3 1. (58 FR 65559 .) +

I

Advisory

Opinions

AO 1993· 19

Retiring 1984 Presidential

Debt

Presidential candidates who

accept public funding must agree

not to spend more than $50,000 of

their personal funds in connection

withthe campa ign. 26 U.S.c.

§9035 ; 11 CFR 9035.2. As a onetime exception to this rule, the

I The pm/){/sl'd rutes would lUI! atfect

the /)(11/ 011 (he /I.\l' ofa {"ulIl/it/ulc'.I'

name ill the name of on vuoutnon-ea

(Oil/mittel'.

Commission voted to permit Senator

John Glenn 10 contribute unlimited

amounts of his personal funds to

renre a debt from his 1984 Presidential campaign.

In waiving the personal funds

limit, the Commission noted "the

truly singular situation presented"

by the Glenn campaign:

• Nearl y ten years has passed since

the debt was incurred:

• The ob ligation is large (approximately 53.25 million); and

• Pundraisin g efforts to retire the

debt have been largely unsuccessful.

In addition to his personal funds.

Senator Glenn may also transfer

excess funds from his Senatorial

campaign committee to retire the

Presidential debt. (The Commission

sanctioned such transfers in AO

1987-4, and approved similar

transfers in its audit repayment

decision concern ing the Gephardt

for President Commi ttee.j I Transferred funds, however, must consist

of contributions that were raised for

the Senate campaign, not to retire

the Presidential debt.

Senator Glenn's Presidential

comminee may not accept contributions from donors who already gave

the maximum amount to the 1984

campaign. The Commission has

consistently applied the statute's

pe r-election limits to contributions

made to retire debts. and found no

basis for granting an e xception in

this case. See I I CFR I IO. l(g) and

ADs 1990- 17. 1985-2. 1983-39 and

1982-64 .

Date Issued: No vember 15, 1993;

Length: 5 pages. Commissioner

Joan D. Aikens submitted a concurring opinion (2 pages). +

,For a slImn/(/ry {If,IIr Geotwau

decision, see the D ('('ClIIher / 992

Record

f 'l'dl'm! fieu/oll Commission RFC

Advisory Opin ion Reques

The advisory opinion reques

(ADRs) listed below are availab

for review and comment in the

FEe's Public Records Office.

"OR 1993-22

Use of excess campaign funds

transferred by principal campai

committe e to nonconnect ed com

tee of former candidate . (Rober

Roe; November 16. 1993; 2 pag

"OR 1993-23

Affiliation between SSFs spons

by a corporation and its "spin-o

subsidiary, (Pacific Telesis Gro

November 18, 1993; 9 pages pl

attachments) +

Federal Register

Copiesof Federal Register

notices <Ire available from the

Public Records Offi ce.

199.1-31

I I CFR P,1l1 112: Revision 10

Advisory Op inion Comment Pr

cedure (58 FR62259, Novembe

26, 19(3)

1993-32

11 CFR Parts 100 and l lJ:

Expenditures: Personal Use o f

Campaign Funds: Notice of

Hearing (58 FR 64190, Decemb

6. 1993)

1993-33

II CFR Part 102: Special

Fundraising Projects and Other

Use at" Cand idate Names by

Unauthorized Committees;

Nonc e of Proposed Rulemaking

(58 FR 65559, December J5,

1993)
FNIN IlI Ek cl;OIl Commissson RECORD

800 Line

Registration hy Ca ndidates

and Their Committees

This article explains when

candidates and their principal

campaign committees (and other

authori zed cornmitrees) are required

to register with the FEe. The

requirements apply both to new

candidate s and to candidates who

have run in a previous election and

are seeking election in 1994 or a

future election.

Note: Registration with the FEe

does not mean that the individual

has qual ified for the ballot. Ballot

access requirements are governed by

state law; for information . consult

the state authority (generally. the

secretary of state's office).

Ca nd idate Design ati on of Principal Campa ign Co mmittee

Individuals running for federal

office must designate a principal

campaign committee within 15 days

of becoming a "c andidate." I I CFR

101.l (a) and 102.12(a). This

requirement applies to candidates

who have never run before and 10

candidates in previous elections who

have qualified as candidates for a

future election.

Defi nitio/l of Candidate. An

individual becomes a candidat e

when the individual and persons

authorized to conduct campaign

activity on his or her behalf receive

over 55,000 in contributions or

make over $5.000 in expenditures.

I I CFR IOO.J(a)( I ) and (2).

Unauthorized campaign activity

on behalf of a candidate may also

trigger candidate status unless the

individual disavows the activity by

writing a letter to the FEe within 30

days after being notified by the

agency that unauthorized activity

reponed to the FEC has exceeded

, 5,000. 11 Cf-R JOO.J(a)(J) and

102.I3 (a)( 2).

Testing-the-waters Activity. Funds

raised and spent to "test the water!'."

for a possible candidacy do not

count against the $5,000 registration

threshold until the individual

decides to run for office or conduct!'.

activities thai indicate he or she is

actively campaigning rather than

testing the waters. I I CFR

IOO.7(b)(I) and 101.3. (Examples of

permissible resring-rhe-weters

activities. and of those activities that

indicate lin individual has decided to

become a candidate are described at

II CFR 100.7(b)Oi).)

Designation ofCommittee.

Candidates must designate a principal campaign committee by filing a

Statement of Candidacy on FEC

Form 2 (or a letter containing the

same information). Remember. the

form must be filed within 15 days

after becoming a "candidate:'

I I CFR 101.l (a).

Registr ation b)' Princip al

Ca mpa ign Co mmittee

Within 10 days after it has been

designated by the candidate. the

principal campaign committee or

other authorized cornmiuee must

register by filing a Statement of

Organization on FEC Form I .

I I CFR 102. I(a). Please note that

the name of the committee must

include the candida te's name.

II CFR 102.14(a).

Ca nd ida tes Wh o Ran in Previous

Elections

A candidate who ran in 1992 or

another previous election must file a

new rEC Form 2 within 15 days

after qualifying as a candidate for

the 1994 election cycle or another

future election. The candidate may

either designate a new principal

campaign committee or redesignate

his or her previous principal campaign committee (if it has not

terminated). A newly designated

committee will receive a new FEC

identification number. while a

redesignated commit tee retains its

original numbe r.

lonuary 

If the candidate redesignates a

existing committee. the committe

need only amend Its Statement o

Organization within 10 days of th

redesignation to reflect any new

information (e.g.. a change in the

committee 's name or address). T

amendme nt may be filed either b

using FEe form I or by writing 

leiter noting the changes. II CfR

102.2(a)(2). Redesignated comm

tees are reminded that, if outstan

ing debts remain from a previous

election, the com mittee must

continue to report the debts as we

as contributions that have been

designated by contributors to reti

them. II CFR 104.1 1; see also

II CFR 11O.I (b)(J) and (4) and

110.2(b)(J ) and (4 ).

Change of Address

)'ulitical Com mittees

Treas urers of registered

political ccmmiuecs .u nouuutcully receive the Record. i\

changeof udd.ess by a polnicul

committee (or any change to

information disclosed on the

Statement of Organi zation) must

by law, he made in writing on

FEe Form I or by letter. The

rreusurermust sign the amendment and fil e it with the Secretar

of the Senate. the Clerk of the

House or the FEe (as appropriate) and with the appropriate stat

office.

Other Subsc ribers

Record subscribers who arc no

registered political ccm nuucev

should include the following

information when requesting a

change of address:

• Subscription number (located o

the upperleft cornerof the

maili ng label);

• Subscriber's nllmc;

• Old address; and

• New address.

Subscribers (other (han

polttic ul comnun eesj may correc

their addresses by phone as well

as by mail.
•

•

•

} (1/11/(JlY 19'N

where to File Forms I and 1

U.S. House candidates and their

principal campaign comrnitreesfile

their statements and amendments

with the Clerk of the House : U.S.

Sena te ca ndi dates and their princ ipa l

campaign co m m ittees file with the

Secretary of the Senate. I [ CFR

Part 105.

Copies of statements and amendments must also be filed with state

officers. Ho use and Senate campai gns file in the state in whi ch the

candidate seeks election. 2 U.S.c.

'439Ia)(2)18) .

Oth er Authorized Committees

In addition [0 a principal campai gn committee , other au thorized

committees may be designated by a

candidate to receive contributions

and make expendi tures on his or her

behalf. The followi ng steps must be

taken :

• The candidate designates the

authorized committee by filing an

FEC Form 2 (or letter) with the

principal campaign committee.

11 CFR 10 1.1 (b) and 102. 13(a)(I ).

• Within 10 days of being designated by the candidate. the authorized committee must register by

filing an FEC Form I with the

candidate's principal campaign

committee. II CFR I02.1 (b). (The

name of the committee must

include the candidate's name.

I I CFR 102.14(a).)

• The principal campaign commitree. in rum. files both docume nts

(Forms I and 2) with rhe appropriate federal and stare offices. as

explained above.

Where to Obtain Forms

FEC Forms I and 2 may be

obtained by calling the FEC (ROO/

424-9530 or 202/21 9-3420). surr

are also available to answer

questions. +

___________---' fl (' ll/ [(}m nll.\.\il!lI RI£ 

Index

The first number in each citation

refers to the "number" (month) of

the 1994 Record issue in which the

article appeared. The second number.

following the colon. indicates the

page number in that issue. For

ex ample. "1:4" means that the

article is in the January issue on

page 4.

Ad visory Opinions

1993- 19: Retiring 1984 Presidential

debt . 1:1 3

CO Ul' l Cas es

FFC v.

- National Republican Senatorial

Commitree {93-1612).1 :1 2

- Williams. 1:12

v. FEC

- Center for Responsive Politics.

1: 12

- LaRouche (92- 11 00). 1:1 2

Repor ts

Schedule for 1994. 1:4

8UO Line Articles

Registration by candidates and [he ir

committees. I: 14