FEDERAL ELEC,.ION COMMISSION

1325 K Street NW Washington DC 20463 Novemter 198

Kentucky County Clerks

Association

Fall Convention

Lexington, Kentucky

Chairman Frank P. Reiche

Dr. Gary Greenhalgh, Assistant

Staff Director, Information

Division

Gwen Hofmann, Research

Specialist, FEe Clearinghouse on

Election Adrninistration

11/9

11/2 Institute of International Education

Humphrey Fellowship Program

Washington, D.C.

B. Allen Clutter, Staff Director

11/7 Aspen Institute for Humanistic

Studies

1982 Communications Policy

Workshop

Eastern Shore of Maryland

Chairman Frank P. Reiche

PUBLIC APPEARANCES

Date Sponsoring Organization

PAC CONTRIBUTIONS

EXCEED $38 MILLION DURING

1981-82 ELECTION CYCLE

Contributions made by PACs to federal ca

didates totaled $38 million during the first 

months of the 1981-82 election cycle. Most 

that amount, $34 million, was contributed 

candidates acttve in 1982 Congressional election

By contrast, during the first 18 months of th

continued on p. 

POST-GENERAL ELECTION REPORT DUE

The following political committees are required to file a post-general election report, due

by December 2, 1982:

Authorized committees of candidates who

participated in the 1982 general elections;

and

All noncandidate committees (i,e, political

committees which have not been authorized

by any federal candidate), including noncandidate committees that have chosen to file

on a monthly (ra ther than a quarterly) basis,

Note: In lieu of monthly reports due in November

a.nd December 1982 and January 1983, noncandidate committees filing on a monthly basis must

instead file pre- and post-general election reports

and a year-end report.

Information Covered

The post-general election report must be

filed, regardless of whether a committee has had

any financial activity during the period covered

by the report. The report must disclose financial

information from the closing date of the last

report filed or from the date of registration,

whichever is later, through November 22, 1982.

Forms and Information

Reporting forms are being sent to all registered committees, alerting them to their reporting obligations. Questions and requests for additional forms should be addressed to the Office of

Public Communications, Federal Election Commission, 1325 K Street, N.W., Washington, D.C.

20463; or call 202/523-4068 or toll free 800/424-

9530.

Volume 8, Number 11

•

•
2

The Record is published by the Federal Election Commission, 1325 K Street, N.W., W8.Shington,

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

AO 1982-49: Contributions Designated

for Primary, Which Was

Never Held

The Weicker '82 Committee (the Committee), 

principal campaign committee for Senator Low

Weicker's reelection campaign, may not use 

retain contributions designated for a possible p

mary election. Since the primary was never he

there is no separate limit for contributions ma

for the primary, which, under Connecticut la

would have been a separate election after 

party nominating convention. Accordingly, 

Committee must return any contributions des

nated for the primary because they were given 

individuals who had reached their contribut

limits with respect to Senator Weicker's ca

paigns for nomination at his party's convent

and for the general election. (The convention a

the general election each constitute a separ

election, with separate contribution limits.)

Since Connecticut law gives a party's nominat

convention the authority to nominate a candid

for federal Office, the convention is considered 

"election" for purposes of the Act's contribut

limits. 2 U.S.C. §431(l)(B); 11 CFR 100.2(e). C

necticut law also permits an individual to call 

a primary election to challenge a candidate e

dorsed by the state party convention if the in

vidual: 1) receives at least 20 percent of his 

her party's vote at the party's nominating conv

tion and 2) files petitions signed by the requis

number of party members. If this occurs, 

primary constitutes a third election. 

Although Prescott Bush, Senator Weicker's ch

opponent for the Republican Party's nominati

for U.S. Senator, had received over 20 percent 

the convention votes, the primary election w

not held because Mr. Bush never filed the requir

petitions. A primary election contribution lim

w8.S, therefore, not available to Senator Weicke

contributors and the Committee had to refu

contributions designated for the primary ca

paign. (Date issued: October 8, 1982; Length: 

pages)

AO 1982-52: PWldsTransferred Prom State

campaign to Pederal campaign

for Debt Retirement

State Senator Doug Ross may transfer funds fro

his state campaign committee to his Congr

sional campaign in order to retire debts of 

continu

ADVISORYOPINION REQUESTS

The following chart lists recent requests for

advisory opinions (AORs). The full text of each

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

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

sum mary given here.

AOR Subject

1982-54 Corporate member approvals sought by

association PAC for solicitations in following year. (Date made public:

September 24, 1982; Length: 4 pages)

1982-55 Combined payment of membership dues

and PAC contributions to association's

trust account. (Date made publics

September 27, 1982; Length: 2 pages,

plus supplement>

1982-56 Congressional candidate's endorsement

of local candidate included in local

candidate's T.V. ad. (Date made public:

September 27, 1982; Length: 2 pages,

plus supplement)
unsuccessful primary campaign for a House seat

in Michigan's 17th Congressional District. Because

the two committees are affiliated by virtue of

having been established by the same candidate,

unlimited funds could be transferred between

them. The size of the transfer, however, would

determine whether or not the state campaign

committee exceeded the threshold for becoming a

"political committee" under the Act and how the

transfer should be reported.

Transfers Exceeding $ltOOO

If the state campaign committee transferred

more than $1,000 to Mr. Ross! Congressional campaign committee during the year, it would have to

register, file reports and operate as a "political

committee" under the Act. 2 U.S.C. §43I(4)(A);

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

(which could also be its termination report), the

state campaign committee--newly registered as a

federal committee--would have to disclose the

source of all cash-on-hand on the basis of last in,

first "on hand." The committee would have to

exclude any contributions which are not permissible under the Act from its cash-on-hand, In

addition, the committee would have to exclude

any contribution which, when added to contributions already made by the same donor to the

Congressional committee, caused the contributor

to exceed the $1,000/$5,000 Iirnit.v

On the same report, the new federal committee

could also disclose the transfer of these funds to

the Congressional campaign committee. The Congressional campaign committee, in turn, would

report its receipt of the transfer as a "miseellaneous receipt" from the state campaign committee.

Transfer of $1,000 or Less

Alternatively, if the state campaign committee transferred $1,000 or less to the Congressional campaign committee during the year, the

state campaign committee would not have to

register as a political committee under the Act.

11 CFR 102.6{a) and 100.5. Instead, the state

campaign committee would be required to either:

1. Establish a separate account from which it

could transfer funds perm issible under the

Act; or

2. Demonstrate through a reasonable accounting

method that, when the transfers were made

to the Congressional campaign committee,

the state committee had received sufficient

permissible funds to make the transfers. 11

CFR 102.5{b).

*QuaUried multieandidate committees may

contribute up to $5,000 per candidate, per election. All other persons may each contribute up to

$1,000 per candidate, per election.

3

The Commission expressed no opirnon on sta

laws governing the disposition of state campai

funds since they are not within its jurisdictio

(Date Issuede September 30, 1982; Length: 

pages)

continued from p. l

1979-80 election cycle, PACs* contributed $

million to federal candidates, with approximate

$20 to $23 million going to candidates active 

1980 Congressional elections. (A similar study 

PAC activity during the first 15 months of t

current election cycle was published on p. 7 of t

August 1982 Record.)

The information released by the FEC on Octob

3, 1982, is based on a four-volume interim stud

FEe Reports on Financial ActiVity, 1981-82. Th

study, along with previous FEC reports, shows 

variation in total funds raised and spent by PA

during the first 18 months of the 1978, 1980 a

1982 election cycles. PACs raised a total 

$137.2 million during the period from January 

1981, through June 30, 1982. During the sam

period in 1979-80, they raised $85.3 million, a

in 1977-78, $54.0 million. During the curre

election CYCle, PACs made disbursements totali

$103.9 million. PACs spent a total of $61.4 m

lion during the same period in 1979-80, and 

total of $38.7 million in 1977-78.

Charts I and II list those PACs that have rais

the most money and made the most contributio

to federal candidates during the first 18 mont

of the current election cycle. Chart III shows t

distribution of PAC contributions to 1981-82 Co

gressional candidates by party affiliation and 

their status as incumbent, challenger or open se

candidates. Chart rv summarizes total financ

activity of PACs during the same period.

More detailed information may be obtained fro

the four-volume interim study, FEC Reports 

Financial ActiVity, 1981-82 -- Interim Report N

2: Part and Non-Part Political Committees. T

study may e pure ase 5. 0 per vo ume fro

the FEC's Public Records Office, 1325 K Stre

N.W., Washington, D.C. 20463. Checks should 

made payable to the FEC.

continu

*PAC is a popular term used to define 

political committees that have not been auth

rized by candidates or political parties. The ter

includes separate segregated funds connected 

corporations and labor organizations as well 

political committees without any connected org

nization (l.e., corporate or labor sponsor).
Amount Raised

1/81 - 6/82

.............. .............

':':::::::::::::::::::::::::

'::::::::::<:>:<:>:' : : :,=::::;::::--:-::':/:':"

:'::::;:;::::;::::::::::':::"

::=::::;::=::::;::::::::=:::'

:-:.:-:"-:<.:->:.:-:.:.:. ... ............. . . .. . ............................

~~~~$1.7

~@~$1.6

$11

20

o

....

e

::!:l 10

CHARTm

PAC CONTRIBUTIONS*

TO 1982 HOUSE AND SENATE CANDIDATE

fm Open Seat**

t5?] Chall~nger* * *

[] Incumbent** * 

2,172,477

2,225,645

1,945,809

1,915,763

1,786,675

1,623,820

1,457;835

$7,695,037

7;223,209

National Congressional Club

National Conservative Poli tical

Action Committee

Realtors Political Action Committee

(National Association of Realtors)*

American Medical Political

Action Committee (American

Medical Assoeiation)

Citizens for the Republic

Fund for a Conservative Majority

Committee for the Survival of a

Free Congress

National Committee for an

Effective Congress

Committee for the Future of

America, Ine.

Committee for Thorough Agricultural

Political Education (Associated

Milk Producers, Inc.)

Politieal Aetion Committee

CBARTI

TOP 10 PAC MONEY RAISERS

Democratic RepubliC8ll

CBARTn

TOP 10 PAC CONTRIBUTORS TO CANDIDATES

Amount Contributed

Political Action Committee 1/81 - 6/82

American Medical Poli tical Action $857,461

Committee (American Medical

Assoeia tion)*

Realtors Political Action Committee 614,110

(National Association of Realtors)

UAW Voluntary Community Action 566,415

Program (United Auto Workers)

Machinists Non-Partisan Political 560,048

League (International Association

of Machinists & Aerospace Workers)

American Bankers Association 471,515

BANKPAC (American Bankers

Association)

National Education Association PAC 411,933

(National Education Association)

Seafarers Political Activity Donation 394,166

(Seafarers International Union of

North America)

Committee for Thorough Agricultural 376,200

Political Education (Assoetated

Milk Producers, Inc.)

Responsible Citizens Political League 371,917

(Railway, Airline & Steamship Clerks)

American Dental Political Action 357,650

Committee (American Dental

Association)

*The connected organizations (Le., sponsors)

of separate segregated funds are indicated in

parentheses.

4

*Includes contributions made by PACs fro

1/1/81 - 6/30/82.

UOpen seat campaigns refer to the ca

paigns of all candidates running in a 1981 or 19

election where the incumbent does not seek r

election.

***Challenger campaigns refer to the ca

paigns of all those candidates running in an ele

tion where an incumbent seeks or did seek r

election. Candida tes maintain their challeng

sta tus throughout the election cycle, even if t

incumbent is defeated in a primary or run-o

election.

* * * "'Incumbent campaigns are those of can

dates who have held a Congressional office at a

time during the 97th Congress. With respect 

the eight special elections in 1981 and 1982 f

vacant House seats, post-election contributio

reported being made to the winners are includ

in the incumbent campaign category. Earlier co

tributions to these eight campaigns are placed 

the open seat category.
CHART IV

FINANCIAL ACTIVITY OF PACS, 1/1/81 - 6/30/82

45

•

40

35

30

25

20

15

10

5

°

Total Number

of

Committees" **

Corporations

1,496

• Receipts*

Disbursements*

o Contributions* *

D Cash-on-Hand

Labor Non-Con- Trade/Mem- Coopera- CorporaOrgani- nected bership/ tives tions

zations Organi- Health Or- w/o

zations ganizations Stock

3B9 794 655 49 96

Number of

Committees

Making

Contributions

1,127 209 246 452 36 54

•

*Receipts and disbursements do not include funds transferred between affiliated committees.

**Includes contributions to committees of: 19B2 House and Senate candidates; and all federal

candidates (for House, Senate and Presidency) campaigning in future or special elections or

retiring debts of former campaigns.

***Includes total number of PACs active in federal elections at any time between January 1,

19B 1, and June 30, 19B2. Since some committees have terminated, this figure does not represent

all committees active as of June 30, 1982•

5
FEC v. FLORIDA FOR KENNEDY COMMrITHE

On August 2, 1982, the U.S. Court of Appeals

for the Eleventh Circuit issued an opinion overturning a ruling of the U.S. District Court ~or the

Southern District of Florida in FEC v. Flol'lda for

Kenned~ Committee (FKC) (Civil Action No. 80

6013). 6 1 F.2d 1281 (lIth Cir. 1982). The appeals

court, with Judge Clark dissenting, fou~d .th~t ~e

Commission lacked SUbject matter [urisdictlon

over the FRC's activities. The appeals court

therefore reversed the district court's order enforcing SUbpoenas that the Commission had issued

to FRC.

The suit was one of four separate suits· filed by

the FEC in U.S. district courts that sought enforcement of subpoenas the FEC had issued to

several political committees, which had been engaged in promoting the Presidential candidacy of

Senator Edward Kennedy during 1979." The

Commission had issued the SUbpoenas as part of

its investigation into a complaint alleging that the

"draft Kennedy" committees had unlawfully failed

to disclose their affiliation. The complaint further

alleged that, as affiliated committees subject to a

single $5,000 contribution lim~t, t.he committ~es

had accepted excessive contributions amounting

to $30 000 from the Machinists Non-Partisan Political 'League, the political arm of the International Association of Machinists.

In ordering enforcement of the subpoenas, the

district court held that the subpoenas met the

guidelines for enforceability and were within the

authority of the FEC. Relying on the Supreme

Court's decision in NAACP v. Alabama (357 U.S.

499 [1958] the appeals court maintained, however, that the usual standard for judicial review

of agency subpoenas did not apply in the FEC's

case. The appeals court reasoned that "the FEC

[mustl prove to the satisfaction of the courts that

it has statutory investigative authority" before

the courts may order enforcement of FEC subpoenas. The appeals court then found that "committees organized to 'draft' a person for federal

office" are not "political committees" within the

purview of the Act and are not, therefore, subject

to the Commission's investigative authority.

·For a detailed summary of these suits, see

p, 5 of the JUly 1981 Record,

··The Act, as amended in 1976, defines "political committee" to include any group receiving

"contributions" or making "expenditures" totaling

more than $1,000 to influence federal elections. 2

U.S.C. §43l(d)(l976).

6

Judge Clark, in his dissent to the majority o

ion, concluded that the statutory language 

legislative history both demonstrated that "dr

committees fall within the jurisdiction of the A

Judge Clark argued that to exempt draft c

mittees from the Act "would leave a signific

portion of political activity outside the cover

of the Act a construction rejected by the 

, 

prerne Court." Judge Clark also found the COU

reliance on NAACP v. Alabama to be inappro

ate.

On September 22, 1982, the Commission f!le

petition with the appeals court for a rehearing 

the suit and a suggestion for a rehearing en ba

which was denied October 8, 1982.

FEC v. ROBERT EARL SHORT

On September 27, 1982, the U.S. Dist

COUl't for the District of Minnesota, Third D

sion, issued a consent order resolving cla

brought by the Commission against the defenda

in FEC v. Robel't Earl Short, et al. (Civil Ac

No. 3-82 Civ. 192). The COUl't levied civil pe

ties against the defendant committees and 

missed the suit with prejudice against all def

dants.

FEe's Claims

In its suit, filed March 1, 1982, the F

claimed that Employees of Bob Short Compan

Committee and Just a Bunch of Plain DFL Fo

Who Want Common Sense Government, two po

cal committees, and Larry J. Weisgram 

Walter E. Riordan, the treasurer of each comm

tee respectively, had violated the election law 

faiUng to report disbursements as in-kind con

butions to, rather than as independent expen

tures on behalf of, the Short for Senate Comm

tee of Volunteers, The FEC alleged the disbu

ments had exceeded the Act's contribution lim

2 U.S.C. §§434 and 441a (1976). The FEC furt

claimed that defendants Robert Eal'l Short, a 1

Senate candidate from Minnesota, the Short 

Senate Committee of Volunteers, his princ

campaign committee, and Robert J. Foster, 

treasurer, had also viola ted the Act by failing 

report the Short committee's receipt of these 

kind contributions." 2 U.S.C. §434 (1976).

Resolution of Claims

In the consent order, the defendant comm

tees agreed that they had viola ted these pro

sions of the election law. The defendant comm

tees further agreed to amend their respect

reports within 30 days of the consent order 

reflect the disbursements made by the do

committees as "in-kind contributions" from 

committees to Short's principal campaign co

mittee. Additionally, the Court imposed a c

penalty of $400 on each defendant committ

The court voluntarily dismissed the case as to 

individual defendants.
NEW IJTIGATION

William A. William v. FEC

On September 28, 1982, plaintiff filed suit in

the district court requesting that the court:

Declare that the FEC's failure to take final

action on an administra tive complaint he had

filed on April 28, 1982, was contrary to law;

and

Require that the FEC take final action on the

complaint on or before October 28, 1982.

(Under the Act, if the FEC has not taken

action on a complaint within 120 days after it

has been filed, the complainant may file a

petition with the U.S. District Court for the

District of Columbia. If it finds the FEC's

failure to act on the complaint was contrary

to law, the court may order the FEC to t

final action within 30 days. 2 U.S

§437g(a)(8)(A).)

On September 29, 1982, plaintiff filed a mot

for a temporary restraining order, a prelimin

injunction and an expedited hearing on his ca

On October 1, 1982, the court denied plainti

motion for a temporary restraining order 

scheduled a hearing on his request for a preli

nary injunction for October 6, 1982. Since, how

er, the Commission took final action on 

administrative complaint on October 5, 1982, 

suit was voluntarily dismissed on October 6, 19

U.S. District Court for the District of Columb

Docket No. 82-2778, September 30, 1982.

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 1

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

the FEC, as appropriate.

OtherSubseribers

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

address, are asked to provide the following information:

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

2. Old address.

3. New address.

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

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

guarantee that your subscription can be located on the computer.

7
FEDERAL ELECTION COMMISSION

1325K Street, N.W.

Washington, D.C.20463

Official Business

First Class Mail

Postage

& Fees Paid

FEC

Washington, D.C.

Permit No. G-31