THE FEDERAL ELECTION 

COMMISSION 

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

Volume 4, Number 12 

REPORTS 

POST-GENERAL ELECTION 

REPORT DUE DECEMBER 7 

All candidates (except those receiving personal reporting 

waivers), principal campaign committees and authorized 

candidate committees must file a post-general election 

report if the candidate sought Federal office in the 1978 

general election. (Authorized committees should file their 

reports with the principal campaign committee which, in 

turn, files a consolidated report.) All other political com· 

mittees must file a post-general election report if they 

supported any Federal candidates in the general election. 

(Support means the committee made a contribution to or 

an expenditure on behalf of a Federal candidate or his/her 

authorized committee.) Pol itical committees which file on 

a monthly basis must file a post-general election report in 

lieu of the December monthly report. 

The post-general election report must be filed regardless of 

the amount of financial activity. FEC Form 3a (postcard 

form) will not be considered an adequate filing and should 

not be used for the post-election report. 

The report must be filed (or postmarked if sent by registered or certified mail) by December 7, 1978, and must 

cover all financial transactions (not previously reported) 

since the closing date of the last full report through 

November 27, 1978 (closing date of the post-general 

election report). Any pre-election contributions of $1,000 

or more which were reported by telegram or hand-delivered 

letter must be included in this report. 

All reports are filed with the Clerk of the House, the 

Secretary of the Senate, or the Federal Election Commission, as appropriate. Questions or requests for forms may 

be addressed to the Commission by calling toll-free (800) 

424-9530 or in Washington, D.C. (202) 523-4068. 

For information on how to terminate reporting, see 800 

L INE, p.6 . 

December 1978 

YEAR-END REPORT 

COMING UP IN JANUARY 

Candidates for Federal office (except those who have 

received a personal reporting waiver) and al l political 

committees supporting one or more Federal candidate(s) 

must file a year-end report if: 

-- They have outstanding debts and obligations; or 

-- They raised or spent more than $1,000 during the 

last quarter (October 1 through December 31, 1978); or 

-- During the last quarter, they either extinguished debts 

(paid, settled or forgave them) exceeding $1,000 or 

incurred debts totaling more than $1,000 (not including 

bills of less than $500 if outstanding less than 60 days). 

(NOTE: Any candidate or committee whose reporting 

obligations have been properly terminated need not file the 

report.) Due on January 31, 1979, the year-end report 

must cover all financial transactions occurring since the last 

complete report through December 31, 1978. (The yearend report is the same as a fourth quarter report.) FEC 

Form 3 or 6 may be used, as appropriate. 

Committees fil ing on a monthly basis (the 20th of each 

month) must file a year-end report in l ieu of the January 

report regardless of the amount of their financial activity. 

In this case, the report must cover the period from November 28 (the day after the close of books for the post-general 

election report) through December 31, 1978. It is due 

January 31, 1979. 

For information on how to terminate reporting, see 800 

LINE, p. 6. 

FEDERAL REGISTER 

NOTICES 

The following list identifies all FEC documents appearing in the Federal Register between August 27, 1978, and 

November 13, 1978. 

Notice Title 

1978·8 Opinion and Regulation Index 

Federal Register 

Publication Date 

10/3 1/78 

Citation 

42 FR 50736 
INFORMATION 

FEDERAL AVIATION ADM INISTRATION 

CHANGES REGULATIONS TO RESOLVE 

CONFL ICT WITH FECA 

On September 26, 1978, the Federal Aviation Administration (F AA) changed its regulations to permit private 

aircraft owners and other noncommercial operators to 

accept payment for transporting candidates for Federal 

office. The FAA's action was prompted by the Federal 

Election Campaign Act (FECA) and Commission regulations which require Federal candidates to pay in advance 

for private air transportation if they wish to avoid receiving 

a contribution in-kind from the aircraft owner. See 11 

CFR 1 14.9(e). This requirement had conflicted with FAA 

rules which generally prohibited the receipt of payments by 

any operator who does not have an air taxi or similar 

commercial certificate. FAA's recent action allows the 

private aircraft owner to carry a candidate and accept 

compensation without first becoming a commercial 

operator. The new regulation became effective on 

September 26, 1978. 

COMMISSIONERS 

NEW COMMISSIONER APPOINTED 

On October 25, 1978, John McGarry was sworn in as a 

Commissioner of the FEC, replacing Neil Staebler, whose 

term had expired on April 30, 1977. Mr. Staebler had 

continued to serve on the FEC pending the swearing-in of 

a successor. 

President Carter appointed Commissioner McGarry under 

the "recess appointment" clause of the U.S. Constitution 

(Article II, Section 2). The Senate had adjourned on 

October 22, 1978, without completing action on the 

nomination of Mr. McGarry for the full six-year term. 

Under the Constitution, a "recess appointment" expires at 

the end of the next session of Congress (1979). If Mr. 

McGarry is to serve a full six-year term on the Commission, 

his nomination must be resubmitted by the President and 

confirmed by the Senate. Section 5503, Title 5, of the U.S. 

Code provides that the President resubmit the appointee's 

name within 40 days after the next Senate convenes. 

John McGarry served in the Navy during World War II. 

After the war, he graduated from Holy Cross College and 

earned a law degree at Georgetown Law Center. From 

1959 to 1962, Commissioner McGarry was Assistant 

Attorney General for Massachusetts. In 1962, he was 

named chief counsel for the House Special Committee to 

Investigate Campaign Expenditures. Since 1973, he has 

served as special counsel on elections to the Committee on 

House Administration. Mr. McGarry is married to Marietta 

M. Ethier, Esq. 

Two days after the new Commissioner was sworn in, 

Common Cause filed su it on behalf of Neil Staebler challenging the legality of a "recess appointment" to the Commission. Filed in Federal court, the suit alleges that specific 

provisions of the Federal Election Campaign Act (2 U.S.C. 

§437(c)), concerning the appointment of new Commissioners, preclude a recess appointment by the President. A 

Court hearing will be held in December. 

OPINIONS 

PENDING ADVISORY 

OPINION REQU ESTS 

The following chart lists pending Advisory Opinion 

Requests (AOR's), with a brief description of the subject 

matter, the date the requests were made public and the 

number of pages of each request. The full text of each 

AOR is available to the public in the Commission's Office 

of Pub I ic Records. 

AOR Subject 

1978-81 Unreimbursed travel 

expenses incurred by 

members of political 

committee. 

1978-82 Reporting ticket sales 

forT. V. house parties. 

1978-83 Use of booth at ticket 

association convention. 

1978-84 Definition of trade 

association member. 

1978-85 Expenditure of excess 

campaign funds for 

luncheon. 

Date Made 

Public 

10/20/78 

10/20/78 

10/ 20/78 

11/ 1/78 

11 /6/78 

Number 

of Pages 

5 

4 

11 

The RECORD is published by the Federal Election Commission, 1325 K Street, N.W., Washington, D.C. 20463. Commissioners are: Joan D. Aikens, Chairman; Robert 0. Tiernan, Vice Chairman; Thomas E. Harris; John W. McGarry; 

William L. Springer; Vernon W. Thomson; J.S. Kimmitt, Secretary of the Senate, Ex Officio; Edmund L. Henshaw, Jr., 

Clerk of the House of Representatives, Ex Officio. For more information, call 523-4068 or toll free 800/424-9530. 

2 
1978-86 Multicandidate com· 11 /8/78 

mittee status for former 

principal campaign 

committee. 

1978-87 Contribution of excess 11/8/78 

campaign funds to 

charitable organization. 

1978-88 Filming and airing 11 /9/78 

of public service 

announcements. 

ADVISORY OPINIONS: SUMMARIES 

6 

2 

Designated as AO's, Advisory Opinions discuss the appli· 

cation of the Act or Commission regulations to specific 

factual situations. Any qual ified person requesting an 

Advisory Opinion who in good faith acts in accordance 

with the opinion will not be subject to any sanctions under 

the Act. The opinion may also be relied on by any other 

person involved in a specific transaction which is indistin· 

guishable in all material aspects from the activity discussed 

in the Advisory Opinion. Those seeking guidance for their 

own activity should consult the full text of an Advisory 

Opinion and not rely only on the summary given here. 

AO 1978·61 : Corporate Solicitation 

of Franchisees 

Jerrico, Inc. (Jerrico) or its separate segregated fund may 

solicit contributions from the executive and administrative 

personnel of the franchisees (restaurants) of Jerrico and of 

Long John Silver's, Inc. (LJS). a wholly-owned subsidiary 

of Jerrico. 

Because of Jerrico's " . . . continuing control and direction 

over the business policies, practices and procedures of its 

franchisees, as well as the nature and extent of the fran· 

chisees' contractual obligation to Jerrico ... " the fran· 

chisees are considered to be affiliates of Jerrico. 

All separate segregated funds established by the franchisees 

would share a single contribution limit with Jerrico's 

separate segregated fund. 

Commissioners Neil Staebler and Thomas Harris filed a 

dissenting opinion. (Length, including the dissenting 

opinion : 6 pages) 

AO 1978-65: Report ing Rules and Contribution 

Limits for Unopposed Candidates 

Although Andy Ireland, candidate for Congress, is unopposed in Florida 's general election, he is considered a candi· 

date because he wi ll not receive a certificate of election 

until after the general election. Accordingly, Mr. Ireland is 

required to file pre· and post-general election reports. 

Regulations concerning quarterly reports are also appl i· 

cable. See 11 CFR 104.1(c)(1)(i) and 104.4(d). 

3 

A separate contribution limit applies to each election 

which Mr. Ireland seeks nomination or election. Thus, on

individual could contribute $1,000 for his primary an

another $1,000 for the general election. As a general rul

contributions made after the date of the primary cou

toward the general election. In this case, the date on whic

a primary election would have been held is considered to b

the date of the primary. 

Surplus funds from the 1978 campaign, consisting of fund

received before the general election, may be transferred as 

lump sum to the 1980 campaign comm ittee. These fund

are not subject to the 1980 election limits. The individu

contributors of surplus funds need not be identified o

subsequent reports since they were already disclosed 

1978. 

Except for contributions made to retire debts outstandin

from the 1978 election, contributions received after th

1978 general election are attributable to a 1980 electio

and count against the 1980 election limits. (Length: 

pages) 

AO 1978-69: 1976 Campaign Committee 

Redesignated for 1982 Campaign 

The Melcher for Senate Committee (the Committee

Senator Melcher's principal campaign committee for th

1976 election, may begin receiving and expending funds f

the Senator's 1982 campaign. Senator Melcher, aft

receiving the first contribution for the 1982 campaig

must file a Statement of Candidacy for the 1982 electio

An amended Statement of Organization (FEC Form 

must also be filed to designate the Committee as th

principal campaign committee for the 1982 election. 

Committee campaign reports indicated that it had suf

cient funds on hand on January 1, 1977, to satisfy 

outstanding debts from the 1976 campaign. The Com

mission concluded, therefore, that contributions receive

by the Committee between January 1977 and the date 

the 1982 Montana Democratic primary election cou

against the 1982 primary election contribution limit

(Length: 2 pages) 

AO 1978-72: Sale of Pamphlet 

by Candidate 

House candidate Max Carasso may publish and sell a pa

phlet consisting of articles he previously wrote (betwe

1956 and 1969) without the expenses or proceeds of t

sale counting as campaign contributions or expenditure

The income received from the sale of the pamphlet wou

be considered personal funds provided that: 

The price charged for the pamphlet is a reasona

reflection of Mr. Carasso's costs and profit, and is t

same as he would charge if he were not a candidate; a

·· Neither the advertisements for the pamphlet nor t

articles themselves include solicitations for his campa

or advocate the election or the defeat of any clea

identified candidate. (Length: 3 pages) 
AO 1978-73: Donation of Honorarium to 

Charitable Organization 

An honorarium offered to Representative Dan Rostenkowski is not subject to the monetary I imitations on 

honoraria as long as the payor organization contributes 

the honorarium directly to a charitable organization according to the ru les prescribed by 2 U.S. C. 441 i(b). Under that 

provision, adopted by Congress on December 20, 1977 

(Public Law 95·216, Section 502). an honorarium is not 

considered to have been "accepted" by an officeholder 

(and, therefore, is not subject to the I im its) when the 

payor organization contributes it directly to one of five 

charitable organizations suggested by t he officeholder. 

The limitations on honoraria are triggered only if the 

honorarium is in fact "accepted." (Length: 2 pages) 

AO 1978-74: Payroll Deduction Plan 

For Labor Organization's Members 

The International Union of Operating Engineers (IUOE), 

Local 675, and Lone Star of Florida, Inc. (or any other 

corporation employing IUOE members) may agree to use a 

payroll deduct ion plan to col lect contributions from IUOE 

members for IUOE's separate segregated fund. The agreement may be made even if the corporation does not provide 

such a plan for sol iciting contribut ions from it s own executive and administrative personnel. See 11 CFR 114.5(k)(4 ). 

(Length: 3 pages) 

AO 1978-75: Solicitation of Parent Corporation's 

Stockholders by Subsidiary's 

Separate Segregated Fund 

The United Good Government Fund (the Fund), the 

separate segregated fund of United Airlines, Inc. (United). 

may solicit the stockholders of United's parent corporation 

UAL. Under the Commission's regulations, a corporation 

or its separate segre-gated fund may solicit the executive 

and administrative personnel of the corporation's subsidiaries and affi l iates. In this case, the parent corporation 

(UAL) is considered an affiliate of the wholly-owned 

subsidiary (United); hence, the Fund may lawfully solicit 

the individual stockholders of UAL. All separate segregated 

funds establish ed by a corporation, its affiliates, subsidiaries, branches and divisions are subject to a single contribution limitation. 

Commissioner Thomas E. Harris filed a dissenting opinion. 

(Length, including the dissent: 4 pages) 

AO 1978-76: Use of Fi lm 

Produced with Campaign Funds 

A film produced with campaign funds may be shown on 

television, as a publ ic service announcement, after the 

November election. The film depicts facilities and services 

available to constituents through Representative Robert 

Duncan's congressional office. A station's offer to run the 

film as a public service announcement, free of charge to 

Mr. Duncan, would not constitute an in-kind contribution 

to Mr. Duncan. Under the Act, a news story, commentary 

or editorial distributed through the facilities of a broad4 

casting station is not considered an expenditure and is 

not treated as an in-kind contribution unless the broadcast 

facilities are owned or controlled by a political party, 

political committee or a candidate. The Commission 

concluded that this exception applies to the broadcast of 

publ ic service announcements. 

The Commission expressed no opinion as to the appl ication 

of tax laws, House Rules, or the rules of the Federal Communicat ions Commission to t he situation described, since 

these matters fall outside the Commission's jurisdiction. 

(Length: 2 pages) 

AO 1978-77: Volunteer Activity 

Rendered by Corporate Officer 

Congressman Les Aspin may use a campaign radio commercial in which an officer of American Motors Corp. (AMC), 

identified by name and title, describes the legislative efforts 

of the Congressman. The activity would not constitute a 

contribution to Representative Aspin's campaign because 

the campaign committee will pay for all the production and 

broadcasting costs of the commercial. The actual time 

spent in taping the commercial would be regarded as volunteer activity by the AMC officer. Under the Act, volunteer 

act ivity is not considered a political contribution. (Length : 

2 pages) 

AO 1978-78: Funds Contributed to 

Defray Office Rent 

Th~ National Conservative Political Action Committ ee 

(NCPAC) may not, under 2 U.S.C. 431 (e)(5)(H), solicit 

persons otherwise prohibited from making political contributions for funds to defray office rental expenses. This 

special provision of the Act exempts certa in funds from the 

definition of contribution, but only when contributed to a 

national or State committee of a polit ical party. Even 

though NCPAC supports a wide variety of Federal and 

State candidates and engages in political education on 

specific issues of public interest, it is not a "political party" 

under the Act. 

Any funds given to NCPAC for the purpose of defraying 

office rental expenses are, therefore, considered contributions subject to the Act's I imitations and report ing requirements. (Length: 2 pages) 

AO 1978-79: Separate Contribution Limit for 

Candidate Unopposed in General Election 

Senator J. Bennett Johnston's name will not appear on the 

general election bal lot in Louisiana because he is unopposed 

in that election. He may nevertheless receive contributions 

with respect to the 1978 general election because the certificate of election is not granted until after the general 

election. See 11 CFR 110.1 (j). Contributions made after 

the Louisiana primary on September 16, 1978, but not 

later than the general election on November 7, would be 
• 

attributed to the general election. They would count 

against a separate I imit for that election, rather than against 

the I imits for an election in 1984. 

Senator Johnston's campaign committee is required to file 

pre-election and post-election reports covering the general 

election period. (Length: 2 pages) 

AO 1978-80: Campaign Use of Property 

Owned by Candidate 

Representative Benjamin Gilman's campaign committee 

may use its funds to lease office space in a building owned 

by Mr. Gilman. Such payments must be reported as 

operating expenditures by the committee. (Length : 2 

pages) 

ALTERNATIVE DISPOSITION OF 

ADVISORY OPINION REQUESTS 

Since November 1978, the Commission has responded to 

the following Advisory Opinion Requests in a manner other 

than the issuance of an Advisory Opinion. 

-- AOR 1978-76 was partially withdrawn by its requestor. 

A response to the first of two questions was subsequently covered in an Advisory Opinion summarized in this 

issue. 

-· AOR 1978-82 was withdrawn by its requestor. 

COMPLIANCE 

FEC PUBLISHES 

NAMES OF NONFILERS 

The Commission is required by the Federal Election 

Campaign Act to publish the names of candidates and political committees who fail to file required reports of receipts 

and expenditures. Before pub I ish ing the name of a cand idate or committee who has failed to file, the Commission 

sends them at least two notices. If, following receipt of 

these notices, a candidate or committee continues not to 

f ile the required report, the name of that "nonfiler" is 

made public. 

The Commission recently published the names of candidates and political committees who failed to file a required 

report. The fol lowing list summarizes Commission action: 

Publication 

Date 

10/5/78 

10/30/78 

11 /4/78 

Report 

Not Filed 

Hawaii 

(Pre-Primary) 

October 10 

(Quarterly ) 

October 28 

(Pre-General) 

Number of 

Nonfilers 

294 

11 7 

5 

THE LAW 

IN THE COURTS 

LITIGATION STATUS INFORMATION 

The following is a list of new litigation involving the 

Commission, together with the date the suit was filed, the 

Court involved, the Docket Number and a brief description 

of the major issue(s) involved in the case. Persons seeking 

additional information on a particular case should contact 

the Court where the suit is filed or the Commission. 

John D. Hemenway v. D. Douglas Barnard and FEC, U.S. 

District Court for the District of Columbia, Docket No. 

78-1426, August 2, 1978. 

Suit challenges Commission's failure to act on a 

complaint. 

FEC v. Seith for Senate, et al., U.S. District Court for the 

Northern District of Illinois, Docket No. 78C 3237, August 

14, 1978. 

The Commission alleges that the defendant 

violated the Act by failing to file required 

reports. On November 3, the suit was settled by 

consent. 

FEC v. Illinois Democratic Campaign Committee, et al., 

U.S. District Court for the Northern District of Ill inois, 

Docket No. 78C 3238, August 14, 1978. 

The Commission alleges that the defendant 

Anthony R. Martin-Trigona and his principal 

campaign committee violated the Act by failing 

to file required reports. 

FEC v. Jerry Lebovitz, et al., U.S. District Court for the 

Western District of Pennsylvania, Docket No. 78 1061 D, 

September 19, 1978. 

The Commission alleges defendant violated the 

Act by exceeding contribution limits and failing 

to report contributions. 

FEC v. Service Station Dealers PAC, et al., U.S. District 

Court for the Eastern District of Pennsylvania, September 

22, 1978. 

The Commission alleges defendant violated the 

Act by making excessive contributions and 

failing to file required reports. 
800 LINE 

HOW TO TERMINATE 

REPORTING OBLIGATIONS 

Following the 1978 general election, many candidates 

and political committees may wish to terminate their 

reporting obligations under the Act. The process is not 

com pi icated, but certain conditions must be met before 

committee registration or candidacy (and thus reporting 

obligations) may be terminated. In the explanation given 

below, citations refer to FEC regulations. 

WHO IS ELIGIBLE TO TERMINATE 

A candidate may terminate his or her candidacy (and 

thus reporting obligations) once all campaign debts for 

which he or she is personally responsible have been retired. 

An authorized comminee may terminate its registration 

(and reporting obligations) when : 

1. The committ ee has either retired all obligations, including debts owed by and debts owed to the commitee ; or 

the committee has settled the debts in a manner permissible under the Commission's regu lations. 102.4 (a); 

114.10(c). See "Settling Debts With Creditors" below. 

2. The committee has decided not to raise or spend more 

than $1,000 during the calendar year to influence 

Federal elections. 

A. principal campaign comminee may terminate its registration (and reporting obligations) only if: 

1. Candidate status has been terminated for the candidate. 

2. Debts owed by or to the commit tee have been retired; or 

the committee has settled the debts in a manner permissible under the Commission's regulations. See "Settling 

Debts With Creditors" below. 

3. All debts of affiliated authorized committees have also 

been retired. 

4. The committee has decided not to raise or spend more 

than $1,000 during the calendar year to influence 

Federal elections. 102.4(b). 

Any other political committee may term in ate its registration (and reporting obligations) when : 

1. The committee has either retired all obi igations, including debts owed by and debts owed to the committee; or 

the committee has settled the debts in a manner permissible under the Commission's regulations. 1 02.4(a); 

114.10(c). See "Settling Debts With Creditors" below. 

2. The committee has decided not to raise or spend more 

than $1,000 during the calendar year to influence 

Federal elections. 

HOW TO TERMINATE 

Candidates and political committees terminate their 

reporting status by f iling a Termination Report. It may be 

filed at any time by letter or by checking the appropriate 

box on FEC Form 3 (or Form 6, if appropriate). The 

Termination Report must disclose : 

6 

1. All receipts and disbursements not previously repor

2. The disposition of any residual funds (if the commi

is also disbanding). 

SETTLING DEBTS WITH CREDITORS 

A political committee may not terminate its repor

status until it pays its debts. Under limited circumstan

however, a political committee in debt may terminate 

settles its debts according to the rules outlined below: 

Debt Must Be Treated In 

Commercially Reasonable Manner 

A corporate creditor may not forgive or settle debts 

less than the amount owed" unless the creditor and de

have treated the debt in a commercially reasonable man

A debt settled or forgiven which has not been treated 

commercially reasonable manner would constitute 

prohibited corporate contribution. To treat a debt 

commercially reasonable manner means that: 

1. Credit was ext ended " in the ordinary course of b

ness" with terms substantially similar to those gran

to nonpolitical debtors of similar credit risk; and 

2. The debtor committee made all reasonable efforts 

retire the debt; and 

3. The creditor pursued remedies in a manner simi la

those used to seek payment from nonpol itical debt

including lawsuits if filed in similar circumstances. 

A noncorporate creditor may settle debts for less than 

amount owed only if, in addition to satisfying the ab

three conditions, it extended credit in connection w

providing goods or services in the ordinary course 

business or professional enterprise. Loans of mon

therefore, may not be settled for less than the full amo

without counting as a contribuiton, subject to limits, fr

the creditor. 

Statement of Senlement 

Must Be Filed 

If a debt owed to a corporation is settled for less t

the amount owed and the committee wishes to termin

its reporting status, the corporate creditor and/or 

debtor committee must file a Statement of Settlement w

the FEC. The Commission must approve the Statem

before the committee may terminate. The Statement m

include: 

1. The initial terms of credit; 

2. The steps the debtor took to extinguish the debt; 

3. The remedies pursued by the creditor; and 

4. Their terms of settlement. 

When a noncorporate creditor forgives a debt, the cred

and/or debtor must file a Statement of Settlement with 

Commission if either of the following circumstances occ

1. If the creditor's forgiveness of the debt causes him/

to exceed the contribution limits; or 

2. If the creditor notifies the Commission that he/

wishes to treat the amount forgiven as a debt settlem

rather than a contribution in-kind. 
• 

The Statement of Settlement is subject to Commission 

approval and must contain the same information required 

when a corporate creditor forgives a debt. See above. 

A not ice summarizing termination procedures was recently 

mail ed to all candidates and political committees participating in the 1978 elections. For additional information contact the Reports Analysis Division by calling toll-free '(800) 

424-9530 or in Washington, D.C. 523-4048. 

STATISTICS 

FEC UPDATES REPORTS ON 

FINANCIAL ACTIVITY OF 

NONPARTY POLITICAL COMMITTEES 

Updating earlier studies on nonparty political committee activity, the FEC released figures on November 2, 

1978, detailing the financial activity of 1,828 nonparty and 

noncandidate political committees. The study covered a 

21 -month period from January 1, 1977, through September 

30, 1978. Highlights included the following : 

-- Out of a total of $60.4 million spent by these committees, $18.7 million was contributed to Federal candidates. As of September 30, 1978, the committees still 

had $19.2 million in cash-on-hand. Remaining disbursements defrayed fundraising costs; administrative costs; 

contributions to party committees or State and local 

elections; and other miscellaneous activities not related 

to Federal elections. 

-- Sixty percent of all nonparty and noncandidate committees (1,101 committees) registered with the FECduring 

1977-78 contributed to Federal candidates. 

-- House candidates received $13.7 million (73 percent); 

Senate candidates received $5 mill ion (27 percent) and 

Presidential candidates received $43,000 (.2 percent). 

-- Democratic candidates received $11 .8 million (63 

percent); Republican candidates received $7 million (37 

percent) and minor party and independent candidates 

received $11 ,000 (.06 percent). 

-- Incumbents received $12.5 million (67 percent) ; challengers to incumbents received $3.1 mill ion (16 percent); and cand idates in open-seat races (no incumbent) 

rece ived $3.2 million (17 percent). 

In releasing these new figures, the Commission noted that: 

1. Since the study was run on the FEC computer on 

October 27, 1978, the data from committees filing a late 

third quarter report may not be complete as of September 30. 

2. The study includes only gross figures for committees 

filing the October monthly report. 

3. Receipt and disbursement figures have been "adjusted" 

to subtract transfers between affiliated committees. 

4. Contribution figures may include contributions for 

elections held before 1978, such as contributions to 

1977 special elections and contributions made to retire 

old campaign debts. 

7 

The current study supersedes figures contained in three 

earlier versions released in March, April and September 

1978 and summarized, respectively, in the April, June and 

November issues of the Record. 

NEW UPDATE ON FINANCIAL ACTIVITY 

OF 1977-78 SENATE AND HOUSE CAMPAIGNS 

On November 3, 1978, the Commission released updated 

figures which show that 1,919 Senate and House candidates 

raised $149.5 mill ion and made disbursements of $138.2 

million. (NOTE: Gross receipt and disbursement totals 

were adjusted to el iminate transfers between fi lers within 

the same campaign.) The study covers the financial activity 

of candidates who have registered with the FEC and have 

been certified by appropriate State officials as official 

candidates in a 1977 or 1978 election. Data is taken from 

reports f iled by candidates and their authorized committees 

from January 1, 1977, through their last report filed 

as of October 27, 1978. In some cases, certain itemized 

information is complete for those reports filed through 

October 1 0, 1978. 

The study highlighted the following facts: 

-- The 257 Senate campaigns reported total receipts of 

$63.6 million and disbursements totaling $61.8 million, 

while 1,662 House candidates reported $85.9 million in 

receipts and $76.4 million in disbursement s. continued 

FEC PUBLIC APPEARANCES 

In keeping with its objective of making information available to the pub I ic, the Federal El ection 

Commission regularly accepts invitations for its 

representatives to address public gatherings on the 

subject of campaign finance laws and the Commission 

itself. Th is regular column l ists scheduled Commission appearances, detailing the name of the sponsoring organization, the location of the event and the 

Commission's representative. 

12/ 1 Secretary of State of Connecticut and 

12/4·6 

12/ 13 

Federal Bar Association-Hartford Chapter 

Hartford, Connecticut 

Vice Chairman Robert 0. Tiernan 

Gary Greenhalgh, Director, 

National Clearinghouse 

National Association of Secretaries of State 

Buena Vista, Florida 

Gary Greenhalgh, Director, 

National Clearinghouse 

Tom Haselhorst, Assistant Staff Director, 

Reports Analysis 

Richard Thomas, State Coordinator 

National Municipal League 

National Conference on Government 

Campaign Disclosure Enforcement Panel 

Minneapolis, Minnesota 

Ken Gross, Assistant General Counsel 
·· The 997 Democratic candidates raised $83.1 million and 

spent S76.5 million, while 693 Republican candidates 

received $65.6 million and spent $61 mi ll ion. The 

229 minor party and independent candidates received 

S.8 million in contributions and spent $.7 million. 

·· The 414 Senate and House incumbents raised $58.4 

million and spent $51 million, while their 984 challengers accumulated $44.1 million and spent $42.2 

mill ion in attempts to unseat them. The 521 candidates 

in open-seat races received $47 million and spent $45 

mill ion. 

Figures in the study update those released in September 

ar.d summarized in the November issue of the Record. 

FEC RELEASES INDEX OF 

1977-78 INDEPENDENT EXPENDITURES 

The Index of Independent Expenditures, released by 

the Commission on November 3, 1978, I ists the 18 Senate 

and 51 House candidates for or against whom independent 

expenditures were made. Based on reports filed as of 

October 10, 1978, the Index reveals that a total of 

S 104,901 was spent in independent expenditures. An 

independent expenditure is an expenditure made by an 

individual, a group of people or a political committee 

"for a communication expressly advocating the election 

or defeat of a clearly identified candidate." The expenditure must be made without any consultation or coordination with the candidate or his/her authorized committee or 

staff. 

The following ten political committees reported the greatest dollar amounts in independent expenditures: 

Committee For Against 

American Medical PAC $42,359 $ 0 

National Conservative PAC 616 9,729 

5th District Political 0 6,675 

Research Committee 

Plaquemines Campaign 6,076 0 

Fund· Faucheux 

FEDERAL ELECTION COMM ISSION 

1325 KSTREET, NW 

WASH INGTON, DC 20463 

OFF ICIAL BUSINESS 

Total 

$42,359 

10,345 

6,675 

6,076 

8 

I 

NRA Political Victory Fund 0 4,825 4,82

Brown Committee for 4,454 0 4,45

Marvin Leath 

Minnesota Gun Owners' 0 4,072 4,07

Political Victory Fund 

Cook County Concerned 0 1,693 1,69

Citizens 

Conservative Caucus 2nd 1,505 0 1,50

CD of South Dakota 

Our United Republic PAC 1 ' 178 0 1 '17

Copies of all financial studies are available in the Office o

Publ ic Records by calling 523-4181 or tol l-free (800)424

9530. 

STAFF 

JOB OPENINGS FOR 

ACCOUNT ANT I AUDITORS 

The Federal Election Commission is seeking job appl

cants for financial audit work . A Bachelor of Scienc

degree in accounting is required, with one to three years

experience. Approximately 40 percent of the employee

time would be spent in traveling. Salary range is $13,01

to $19,263. Interested individuals should call the Commis

sion at (202) 523-4155. 

MANAGEMENT PLAN APPROVED 

FOR FY 1979 

On October 26, 1978, the Commission approved th

management plan for FY 1979. Under the plan, th

Commission authorized programs costing $8 million, th

amount appropriated by Congress. This figure represent

$623,128 less than the budget the Commission requeste

in September 1977. The management plan envisions 

permanent staff of 259 nd 13 temporary personnel. 

FIRST CLASS MAIL 

POSTAGE & FEES PAI D 

FEC 

WASHINGTON, D.C. 

PE RMIT NO. G-31