continu

1982-11 Solicitation by professional associati

PAC through voluntary check-off 

dues statements to members. (Da

made public: February 23, 1982; 

pages)

1982-9 Portion of honorarium given to char

exempted from individual honorariu

limit. (Date made publics February 

1982; 1 page)

1982-10 Contributions by wholly owned U

subsidiary of foreign corporation 

connection with state and local ele

tions. (Date made public: February 2

1982; 8 pages, plus supplement)

ADVISORY OPINION REQUESTS

The following chart lists recent AORs. T

full text of each AOR is available to the public 

the Commission's Office of Public Records.

AOR SUbject

Reporting forms and additional information ha

been sent to all registered committees, alerti

them to their reporting requirements. Questio

and requests for additional forms should be a

dressed to the Office of Public Communication

Federal Election Commission, 1325 K Stree

N.W., Washington, D.C. 20463; or call 202/52

4068 or toll free 800/424-9530.

April 19

also requests that Presidential committees infor

the Commission in writing if they decide 

change their reporting schedule.

THE FEDERAL ELECTION

COMMISSION

1325 KStreet N,W'r Washington, D.C. 20463

Volume 8, Number 4

Unauthorized committees that wish to change

their reporting schedule (from monthly to quarterly or from quarterly to monthly) must notify

the Commission of their intention. The committee

may notify the Commission by a letter submitted

with the next report due under its old schedule. A

committee may not change its filing frequency

more than once a year. 11 CFR 104.5(c). The FEC

Quarterly Filers

Authorized candidate committees active in

1982 elections, as well as authorized Presidential

committees and unauthorized committees that

have chosen to file on a quarterly (rather than a

monthly) basis, are required to file a quarterly

report, due by April 15. The report should cover

all activity from January 1 (or from the closing

date of the last report filed in 1982 or from the

date of registration, whichever is later) through

March 31.

Note: Authorized candidate committees not active in 1982 elections (i.e., committees authorized

by candidates who ran for federal office prior to

1982 or candidates who are involved in future

elections) are not required to file quarterly

reports in 1982. Instead, they must file a

semiannual report, due by July 31.

Monthly Filers

Unauthorized committees and authorized

Presidential committees that have chosen to file

on a monthly basis must file their March monthly

report by April 20. The report should cover all

activity from March 1 (or from the closing date of

the last report filed in 1982 or from the date of

registration, whichever is later) through March

31.

REPORTS DUE IN APRIL

The following paragraphs explain the reporting schedule for the various categories of

filers that have reports due in April.

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

D.C. 20463. Commissioners are: Frank P. Reiche, Chairman; Danny Lee McDonald, Vice 

Chairman; Joan D. Aikens; Lee Ann Elliott; Thomas E. Harris; John Warren McGarry; William F.

Hildenbrand, Secretary of the Senate, Ex Officio; Edmund L. Henshaw, Jr., Clerk of the House of

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

AOR Subject

1982-12 National trade association's solicitation

of organizational members' individual

members. (Date made publies February

24J 1982; 3 pages, plus supplement)

1982-13 Partnership contributions. (Date made

public: February 25, 1982; 6 pages)

1982-14 Activity by state party committee to

influence Congressional reapportionment. (Date made public: March 5,

1982; 3 pages)

1982-15 Legal service ads sponsored by firm

whose partner may be a candidate.

(Date made public: March 5, 1982; 2

pages)

1982-16 Party/fundraiser for unsuccessful candidate financed by his publisher. (Date

made publici March 8, 1982; Length: 1

page)

1982-17 State party committee's deposit of

state public funds in federal account.

(Date made public: March 8, 1982;

Length: 2 pages)

1982-18 Corporate PAC's solicitation of solicitable class of affiliated corporations.

(Date made public: March 9, 1982;

Length: 4 pages)

1982-19 Testing the waters for potential Presidential candidacy; volunteer activity

related to testing-the-waters activity.

(Date made public: March 9, 1982; 10

pages)

1982-20 Marketing firm's purchase of media

time for both candidates and indepen- .

dent organization advocating candidates' election or opponents' defeat.

(Date made publics March 12, 1982; 2

pages, plus supplement)

ADVISORY OPINIONS:SUMMARIES

An Advisory Opinion (AO) issued by the Co

mission provides guidance with regard to 

specific situation described in the AOR. A

qualified person who has requested an AO a

acts in accordance with the opinion will not 

subject to any sanctions under the Act. Ot

persons may rely on the opinion if they 

involved in a specific activity which is indist

guishable in all material aspects from the activ

discussed in the AO. Those seeking guidance 

their own activity, however, should consult 

full text of an AO and not rely only on 

summary given here.

AO 1981-53: Campaign's Sale of Mailing

List to Corporation

The purchase of a mailing list by Professio

Data Processing Corporation from the Bill Fraz

for Congress Committee (the Committee) wo

not result in a prohibited contribution to 

Committee provided:

1. The sale price ($4,000) represented the "f

market value" (i.e., "the usual and norm

charge") for the list in Indiana (11 C

100.7(a)(I)(iii»; and

2. The Committee developed the list for its o

use rather than as a fundraising item to 

sold to others. (Date issued: February 

1982; Length: 2 pages)

AO 1981-54: PAC Established by Joint Venture

Partnership; Solicitations by

Member Corporations

The American Satellite Company (ASC), a jo

venture partnership sponsored by the who

owned subsidiaries of FairChild Industries, In

(Fairchild) and Continental Telephone Corporati

(Continental), may not establish a separate seg

gated fund or any other kind of political co

mittee to solicit its employees. Nor may t

separate segregated funds of Fairchild and Co

tinental solicit ASC employees.

The ASC partnership may not sponsor a separa

segregated fund because, under the Act, only 

corporation, labor organization, incorporat

membership organization, cooperative or a corp

ration without capital stock may pay the costs 

establishing a separate segregated fund witho

making a contribution to the fund. Furthermo

since a partnership's contributions are attribu

able to each of its partners, and since both 

ASC's partners are corporations, any expenditur

2
•

•

ASC makes in connection with a federal election

would be considered corporate contributions prohibited by 2 U.S.C. §441b.

A group of ASC executives or other employees

could, however, establish a political committee

completely independent of ASC. ~lthou~h ASC

could not contribute to the committee, It could

allow ASC employees to provide legal and accounting services to the com mittee during regular

work hours, but solely for the purpose of ensuring

the committee's compliance with the Act. 2

U.S.C. §43l(8)(B)(ix); 11 CFR 100.7(b)(l4) and

114.l(a)(2)(vii).

The separate segregated funds of Fairchild and

Continental may not solicit ASC employees because there is no evidence that ASC, Fairchild

and Continental have the type of relationship,

suggested in earlier advisory opinions, und.er

which a corporation may solicit employees of its

subsidiaries or affiliates.

Since ASC may not establish a separate segregated fund and since the Continental and Fairchild separate segregated funds may not solicit

ASC employees, the Com mission did not address

the question of whether contributions made by an

ASC employee to their funds would be subject to

a single limit. (Date issued: February 26, 1982;

Length: 5 pages)

AO 1981-60: Solicitation Letters Forwarded

by Citizen to Other Individuals. . Mr. Robert Bearce may forward to other Individuals solicitation letters he receives from candidates and from unauthorized com rnlttees, Before sending an original solicitation letter, he

plans to type a message on ~t, urging the recip.ient

to contribute to the candidate or unauthorized

committee and to forward the letter to another

potential supporter. Mr. Bearce will undertake

this activity on his own and not at the request of

the solicitors. Costs he incurs in forwarding letters from candidates would constitute in-kind

contributions subject to the $1,000 per election,

per candidate limit. 2 U.S.C. §441a(a)(7). Cost.s he

incurs in forwarding letters from unauthorized

committees would not be contributions, provided

Mr. Bearce does not coordinate the distribution of

the letters with any of the committees or their

agents. (Date issued: February 26, 1982; Length: 2

pages)

3

PUBLIC APPEARANCES

Date Sponsoring Organization

4/5 California Bar Association

Political Law Committee

Berkeley, California

Charles N. Steele, General Counsel

4/5 Hastings Law School

Election Law Class

San Francisco, California

Charles N. Steele, General Counsel

4/6 University of California

Election Law Class

Berkeley, California

Charles N. Steele, General Counsel

4/6 University of San Francisco

Election Law Class

San Francisco, California

Charles N. Steele, General Counsel

4/20 Brookings Institution

Seminar on Campaign Finance

Washington, D.C.

Chairman Frank P. Reiche

FEC v. COMMITTEE FOR

BETTER GOVERNMENT

On February 10, 1982, the U.S. District Co

for the Southern District of Illinois issued 

consent order in FEC v. Committee for Bet

Government (Civil Action No. 80-5356). In sign

the order the defendant committee and its c

, . nected organization, Densmore Sales and SerVI

Ine., acknowledged that they had violated 

U.S.C. §441b(a) by respectively accepting a

making prohibited corporate contributions b

tween July 25, 1978, and March 7, 1979. T

district court noted that the Committee for B

ter Government had refunded the contributio

(totaling $3,000) to Densmore Sales and Servi

Inc. after being notified of their illegality by 

FEC.

The Committee for Better Goverment agreed 

accept no further corporate contributions a

Densmore Sales and Service, Inc. agreed to ma

no further contributions in connection with fed

al elections. The court also enjoined the def

dants from any further violations of the elect

law.

continu
NEW LmGATION

FEC v. Massachusetts Citizens

For Life, Inc.

The FEC asks the district court to find that

the defendant, a nonprofit Massachusetts corporation, violated 2 U.S.C. §44Ib(a) by making prohibited corporate expenditures in connection with

1978 federal elections. The FEC claims the defendant incurred these expenditures by preparing,

printing and distributing pamphlets that advocated the election of antiabortion candidates.

(U.S. District Court for the District of Massachusetts, Docket No. 82-0609, March I, 1982.)

FEC v. Niek Mastorelli

Campaign Fund

The FEC asks the district court to declare

that the Mastorelli Campaign and its treasurer

violated provisions of the election law by:

I. Failing to file reports required for the 1978

election year and the semiannual reports required for 1980 and thereafter (2 U.S.C.

§434a);

2. Accepting contributions in 1978 from four

corporations (2 U.S.C. §44Ib(a));

3. Accepting excessive contributions, in the

form of a loan, from three individuals (2

U.S.C. S441a(f); and

4. Accepting $21,050 in excessive cash contributions in 1978 (2 U.S.C. S441a(f».

The FEC also asks the district court to find that

certain contributors to the Mastorelli Campaign

violated the election law by:

1. Making cash contributions in excess of $100

to the campaign (2 U.S.C. S441g); and

FEDERAL ELECTION COMMISSION

1325 KSTREET, NW

WASHINGTON, DC 20463

OFFICIAL BUSINESS

2. Making contributions in the name of anoth

(2 U.S.C. §441f).

(U.S. District Court for the District of N

Jersey, Docket No. 82-0774F, March 10, 1982)

CHANGE OF ADDRESS

Political Committees

Registered political com mittees 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 1 (Statement of

Organization) and filed with the Clerk of

the House, the Secretary of the Senate or

the FEC, as appropriate.

Other Subscribers

Record subscribers (who are not

political committees), when calling or

mailing in a change of address, are asked

to provide the following information:

I. 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.

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