FEDERAL ELECTION COMMISSION

20463 Volume 17, Num

15 INDEX

13 COMPLIANCE: MURs Released to the 

12 FEDERAL REXiISTER lCl'ICES

12 PUBLIC APl'FARANCES

5 ArNISOR'f OPINICI'fS

5 PUBLlCATICNS

Guide for Matching Fund Submission

S'I2\TI STIes

3 Nonfederal Account Activity of Nat

party Committees

4 Six-month Activity of 1992 Senate

campaigns

3 INFORMATICN: FEe Comments on FCC 

TABLE OF CCNI'ENTS

1 PUBJ...IC FUNDIOO: Shortfall project

2 aH'ERENCES: Chicago, November 14

COORT CASES

11 FEC v. political Cont~ibutions Dat

cycle since the public funding program

began. But that third-year dip never

occurred. Consequently, the Commissi

increased its projection for 1992 rec

$3 million.

Because recent information sugges

that the inflation adjustment for 199

be less than the 5 percent used in the

earlier projection, the Commission ad

a 4.2 percent inflation rate for its

current projection. The overall effe

this adjustment is to increase the pu

funds available in the Matching payme

Account in January 1992 by about $1 m

lion, since less money will be needed 

the convention corrrnittees and general

election candidates, whose entitlemen

(conti

October 1991 999 E Street NW Washington DC

lPublic funding of Presidential elections

is financed by dollars checked off by taxpayers on their federal income tax returns.

FEe PEOJECTS SMALLER SfI)R'I'II'ALL

OF 1992 MA'OCHIrtJ FUNDS

'Ihe Comission now expects that 1992

Presidential primary candidates will

receive more matching funds in the early

months of 1992 than previously projected.

According to a revised analysis, the

balance in the Matching Fund Account will

be sufficient to cover January 1992 matching fund payments in full but will be short

about $1 million in February and about $2.5

million in March. As a result, candidates

would receive a pro rata portion of their

matching fund certifications for those two

months. The projection anticipates that

certifications outstanding from Februacy

and March will be paid in April 1992, when

full monthly payments of certifications are

expected to resume.

The current projection, developed in

August 1991, improves the picture for 1992

compared with a projection calculated in

November 1990. Then, the Commission estimated that candidates would be shortchanged

$15 million during the early primary months

and that this amount would not be paid

until spring 1993.

The difference between the projections

is based on three factors: an unexpected

increase in checkoff receipts;1/ a lower

rate of inflation; and the late start-up of

1992 primary campaigns.

Based on checkoff receipts through June

1991, it appears that 1991 revenue in the

Presidential Election campaign Fund will

exceed the 1990 level by nearly $1 million.

The FEC had originally projected a $2 million decrease, based on an anticipated

decline in checkoff receipts in the year

preceding the Presidential election year, a

pattern that has occurred in every election

•
Federal Election CaDIlission, 999 E street, NW, washinqton, OC 20463

800/424-9530 202;219-3420 202;219-3336 (TOD)

FEDERAL ELEC-110I\J COMMISSION

Volume 17, Numbe

.~.' .

CHICAGO <DWERI!NCE

On November 14 and 15, the FEe is

holding a regional conference in Chicago 

assist candidates, political party organ

zations and PACS with their preparations

for the 1992 elections.

Workshops

In addition to workshops on the fede

campaign laws, the conference will inclu

a workshop on state campaign finance law

presented by the Illinois State Board of

Elections.

A representative of the Internal

Revenue Service will be available to answ

election-related tax questions.

Re9istration Infomation

The $130 registration fee for the

conference covers the cost of the confer

ence, materials and meals for both days

(continental breakfast, lunch). Call th

FEe to order a registration form and

schedule of workshops (800/424-9530 or

202/219-3420} .

TO avoid a late fee, the registration

form (with fee enclosed) must be postmar

by October 30.

Hotel

The cQnference will be held at the

SWissotel Chicago, 323 East Wacker Drive

Chicago, Illinois 60601-9722. Call

312/565-0565 for roam reservations. TO

receive the group rate of $110 per night

notify the hotel that you will be attend

the FEe conference.

walter J. Stewart, Secretary of the Senate,

Ex Officio Commissioner

Dannald K. Anderson, Clerk of the House of

Representatives, Ex Officio Commissioner

2

John. warren McGarry, Chairman

Joan D. Aikens, Vice Chairman

Lee Ann Elliott

'ltlomas J. Josefiak

Danny L. McDonald

scott E. 'lbomas

October 1991

2In July 1991, the Democratic and Republican parties each received $10.6 million in

public funds for their 1992 Presidential

nominating conventions. The parties will

receive "catch-up" inflation payments in

1992.

public funds are indexed to inflation.2/

(under Treasury Department rules, publIc

funds needed to cover convention and general election funding are held in reserve at

the beginning of the election year; the

remaining balance is then used for primary

matching fund payments. )

The Commission also reduced by 10 percent its previous estimate of January 1992

certifications for matching fund payments.

This reflects the late start in primary

campaign activity. January 1992 matching

fund certifications will be based on

contributions raised-in 1991. However, by

the end of June 1991, Democratic campaigns

and exploratory conunittees had raised only

about $700,000, compared with $16 million

raised in 1987 and $13 million in ,1983

during the same period.

The Colmt\ission plans to revise its current projection as more precise information

becomes available.

Despite the iJJg;lroved outlook for the

1992 Presidential elections, the commission

projects that the Presidential Election . Campaign Fund will run out of money for the

1996 elections, with the shortfall expected

to exceed $100 million. The agency has

recommended possible actions Congress could

take to avert the shortfall; see the May

1991 issue, page 3.
October 1991 FEDERAL ELECTIOI\J COIVlIVlISSIOI\J Volume 17, Numb

"...... .~;..:

STATISTICS,' .'

NA'l'ICfiMo PARTY' ACTIVI'IY: FIRST DISCLO

OF fOlm!DERAL AC<XXINTS

Reports covering the first six mo

of 1991 disclose, for the first time, 

nonfederal financial activity of the

national party committees. New FEC re

tions now require national party comm

to report information on their nonfede

accounts and building fund accounts.

Nonfederal accounts are used solel

state and local election activity. Th

accounts are not subject to federal co

bution restrictions and therefore con

contributions from corporations and la

organizations. The accounts may not b

used for federal election support.

Building fund accounts are also ex

from federal contribution restrictions

the funds must be used for the purchas

construction of an office facility.

Reports filed through June 30, 199

show that the Republican national com

tees raised $10.9 million for their no

federal and building fund accounts and 

the Democratic national committ~es rai

$3.3 million (see chart on next page).

(conti

video Disclaimers

The FEe also commented on the com

bility between FEC rules and proposed 

rules on disclaimer notices in politic

ads.

Under FEC rules, disclaimers must 

presented in a clear and conspicuous

manner." 11 CFR 110.11 (a){ 1J. The FE

said that the FCC's proposed specifica

for sponsorship identification in tele

ads--display time and visibility--appe

consistent with the FEe's "cfear and

conspicuous" requirement for disclaime

The FCC received suggestions to al

televised advertisements to include on

visual sponsorship identification with

an audio voice-over. The FEC said tha

this could be a problem, noting an exa

raised by the FCC: radios that transm

the audio portion of TV broadcasts.

The FEC pointed out that the Notic

needs to be updated because the FEC's 

claimer requirements were revised unde

1979 amendment to 2 U.S.C. §441d(a). 

FEC recommended that the two agencies 

together to issue a revised Public No

3

INFORMA1"ION

Free Aictim to candidates

Although FCC rules permit broadcasting

stations to donate free airtime to candidates, the FEe has not resolved the issue

of whether such donations constitute

prohibited contributions by an incorporated

station. In AD 1986-35--later vacated--the

Commission said that if an incorporated

station donated free airtime to U.s. House

candidates for the broadcast of their

campaign ads, the donation would result in

a corporate contribution, prohibited under

2 U.S.C. §441b. The opinion explained that

the FECA media exemption--the provision at

5431(9)(B)(i) that exempts news stories,

commentaries and editorials from the

definition of expenditure--would not apply

in this case, since the station would not

be informing the electorate through the

discussion of issues but, rather, would be

airing campaign ads on a commercial advertising basis.

AD 1986-35 was vacated in order for the

FEe to reconsider the issue. However, when

voting on alternative responses to AOR

1986-35, the agency was unahle to approve

an advisory opinion by the required fourvote majority. Since then, the Commission

has not revisited the issue.

Joint Public Notice

The FEe and the FCC issued the 1978

Joint Public Notice on broadcast political

advertising to give examples of notices

that complied with both: (1) FEe rules on

the disclaimer requirement for public political advertising that expressly advocates

the election or defeat of a candidate; and

(2) FCC rules that apply to broadcast

licensees and that require the sponsor to

be identified in political ads.

FEe CCI91ENl'S (If FCC PROPOSED RlJlBWm«}

On August 2, 1991, the Commission

submitted comments on a proposed rulemaking

by the Federal Communications Commission to

revise their political broadcast regulations. (For a synopsis of the proposed

rulemaking, see 56 FR 30526, July 3, 1991.)

The FEe commented on three areas that

related to the Federal Election Campaign

Act (the FECA): the donation of free

airtime to candidates; a 1978 Joint Public

Notice on advertising notices that was

issued by the two agencies; and specifications for video disclaimers.

•.,--------
1 Graphs show the aggregate activity'ofthe three national

committees of each major party: the nationalparty committee, the Senatorial campaign committeeand the Congressional campaign committee. .

2The National Republican Congressional Committee's

cash-an-hand total was not available. .

$25.

$ 5.4

4

$29.3

$ 9.6

45

Volume 17, Numbe

Receipts $33.3

Disbursements $10.1

Number of

Candidates 55

1992 1990 1988

campaigns campaigns campai

FEC RELF.ASES: SIX--KNl'H ACTIVI'lY OF

1992 SIH\TE Cl\MPAICN)

During the first six months of 1991,

the campaigns of 1992 Senate candidates

raised $33.3 million and spent $10.1

million. They began the second half of 

yeat with $44 million cash on hand and $

million in debts. Thus far, 55 candidat

have registered for the 1992 Senate elec

tions (including the 1992 California

special election).

Of the money raised, $20 million was

received from individuals and $9.4 millio

from PACs and other nonparty conunittees.

The chart below compares the six-mon

financial activity of 1992 Senate campai

with that of 1990 and 1988 Senate

canpaigns.

An'FECpress release of August 22,

1991, breaks down the data on six-month

activity of 1992 Senate campaigns by par

affiliation and candidate status (incumbent, challenger, open seat). The relea

also individually lists the campaign

activity of each 1992 Senate candidate a

well as candidates registered for -the 19

pennsylvania special election. For incum

bent candidates, the list covers activity

from 1987 through June 1991; for other

candidates, the list covers activity from

the beginning of their: campaigns through

Jtme 1991,

To order a free copy of the press

release, call 800/424-9530 (ask for Publ

Records) or call the office directly at

202/219-4140.

Senate campaigns: ,Janua~une Activity

in Year Preceding the Election Year

(in millions of-dollars)

4

FEDERAL ELECTION COMMISSION

,Receipts Disbursements Cash onHand 2

$0

October 1991

$4

$6

with respect to their federal activity"

Republicans again outraised the,· Democrats

by more than $31 million •. Republicans

raised $40.9 million and spent $34.7 .million, while the Democrats raised $9.7 million and spent $9.6 million.

A recent FEC press release provides

sUmmary data on the financial activity of

the Democratic and Republican national

party committees, comparing their,federal

activity rhrouqh June 1991 with six-month

activity in previous election cycles. The

release also provides summary informatiorr

on nonfederal activity through the end of

June 1991. To order a free copy of the

August 6 release, call the Public Records

Office: 800/424-9530 (ask for Public

Records) or 202;219-4140.

$8

$10

$2

National Party Committees: Activity of

Nonfederal and Building Fund Accounts 1

January through June 1991

_ Republican

_ Democratic

Millions of Dollars

$12
FEDERAL ELECTION COMMISSION Volume 17, Num

(Advisory Opinions cont'i

ADR 1991-30

Individual contributors' names and

addresses copied from FEe reports and 

for lobbying mailings by tax exempt co

ration. (Date Made Public: September 

1991; Length: 17 pages)

.AOR 1991-31

Incumbent candidate committee's report

obligation with respect to charitable

donations given in Congressman's name 

individual responding to committee so

tation for canpaign contributions. (D

Made Public: september 18, 1991; Leng

11 pages)

2(continued)

agree to submit records in the require

format as a condition 'for receiving-fe

funds. -See proposed 11 CFR 9003.1(b)(

and-9033.1(b)(5)-in the final rulernaki

notice, 56 FR 35898, Ju1y29, 1991, se

also the summary of the proposed revis

in the September 1991 Record.

3The document is entitl~d Computerized

Magnetic Media Requirements for Title 

candidates/Committees Receiving Feder

Funding.

ADVISORY OPINI(J\f REUJESTS

Recent requests for advisory opini

(ACRsl are listed below. The full tex

each AOR is available for review and c

ment in the FEe's Public Records Offic

ADR 1991-28

Videotaped twice-yearly solicitation.

(Date Made Public: August 27, 1991;

Length: 2 pages)

NJR 1991-29

Corporation's contribution program und

which employees contribute to accounts

established in their names and designa

outgoing contributions through the

corporation's PAC. (Date Made Public:

september 13, 1991; Length: 16 pages)

details the format specifications for

matching furid submissions. Moreover, 

separate attachment sets forth the mag

media requirements for the campaign's

entire ~ccounting system.~/

5

I'-UBLICATIDNS':::

',~ ~,.~ •." -, ~./~-.~:.~! "-";>~'

.. : .. :

. ;'"

October 1991

GUIDE FOR MA.'l'OIIN:; FUND SUBKISSI<:n5

AVAILABLE

on August 15, 1991, the cormnission

approved the 1992 edition of the Guideline

for Presentation in Good Order, a manual

for Presidential primary candidates eligible to receive federal matching funds.

The Guideline describes the format and

documentation requirements for matching

fund requests. Also explained are the

procedures campaigns must follow when

submitting matching fund requests and the

FEe's procedures for certifying the amount

of matching funds payable to the campaign

by the U.S. Treasury. The FEC's Audit

Division will provide the Guideline to

Presidential campaigns. Other interested

parties may obtain copies from the Public

Records Office at a charge of $7.50 per

copy. To order, call 800/424-9530 (ask for

Public Records) Or 202;219-4140.

The 1991 Guideline incorporates

changes contained in a recent FEC rulemaking that substantially revises procedures for matching fund submissions and

certifications.1/ The rulemaking is based

on Treasury Department regulations under

which Treasury will make matching fund

payments to candidates only once a month.

To conform with this change, the CoImlission's rulemaking also specifies a monthly

schedule for subnUssions and certifications

rather than the more frequent schedule that

previously applied.

The Guideline also incorporates new ~les on magnetic media requirements.

Under those rules, if a campaign has

prepared matching fund requests from a

computerized system, the campaign must

submit computer tapes or disks containing

the necessary documentation in a format

compatible with the FEC's computer sys- tem.~/ An appendix to the Guideline

1see 56 FR 34130, July 25, 1991; see also

the summary in the August 1991 Record.

2Those rules also require campaigns with

computerized systems to submit records for

mandatory FEC audits in a compatible

format. 11 eFR 9003.6 and 9033.12. (See

55 FR 26392, June 27, 1990; see also the

sununary in the August 1990 Record.) Moreover, under recently proposed revisions to

the public funding rules, candidates must

(continued next column)

•
October 1991 FEDERAL ELECTION COMMISSION

REUJEST roR :RECXJmIDERATIOO OF

NJ 1991-13 DENIED

on August 15, 1991, the Convuission

denied a request for a reconsideration of

AO 1991-13. The request was submitted by

the New York state Public Employees Federation, AFL-CIO (PEF), a local union. In AD

1991-13, the Commission concluded that a

proposed separate segregated fund formed by

PEF would be affiliated with the separate

segregated funds of the two international

unions that jointly controlled PEF. (The

opinion was summarized in the July 1991

Record. )

Because none of PEF's arguments

presented any grounds for a reconsideration

of the opinion, the Commission denied the

request.

ADVISORY OPINICI'l SUMMARIES

AD 1991-20: Procedures for service Bureau

providing 90G-Line Fundraisinq

services

When providing 900-1ine fundraising services to political committees, Call Interactive, a service bureau, must:

a Establish one separate bank account for

the deposit of proceeds to its political

cOIlUllittee customers and the withdrawal of

its fees;

o Keep separate records on each committee's

account activity;

a Forward contributions to the committee

within the time lim!ts of 11 CFR 102.8;

o Provide the services necessary to obtain

contributor information or, alternatively, obtain certification that the committee has arranged to receive comparable

services from another company; and

o Obtain certification that the committee

will lawfully dispose of illegal contributions and contributions from unidentified sources.

Call Interactive is not, however,

required to obtain an up-front deposit from

political committee customers, given the

facts described in the opinion.

Contract with AT&T

In providing 900-line services, Call

Interactive contracts with AT&T to provide

phone network services and a billing service. AT&T does not bill callers directly

but sells its receivables ,to local exchange

carriers (LEes), which then collect charges

from the callers. AT&T remits the funds it

receives from this sale to Call Interactive

after first deducting charges for its own

services. ' Call Interactive, in turn,

6

Volume 17, Numbe

deducts its charges and remits the proce

to its customers. It takes from two to

three months for the customer to receive

proceeds from the end of the month in wh

the calls are made.

Contract with Coomittees

In its contracts with political comm

tees, Call Interactive plans to hold the

committee responsible for ensuring that 

fundraising program complies with all

applicable laws and with AT&T guidelines

(described in AO 1990-14).

call Interactive also plans to requi

that advertisements promoting the 900-li

ntunber:

o Disclose the name of the political

committee clearly and conspicuously;

o State that the entire charge for a cal

is a political contribution, which is 

tax deductible;

o state that corporations, labor unions 

foreign nationals are prohibited from

contributing.

Call Interactive intends to place a 

limit on the amount that can be charged 

call.

Deposits from Coomittees

When providing services to political

committees, Call Interactive proposes

following its usual practice of not requ

ing payment of deposits or advances. Th

company also proposes to:

o Bill committees for upfront costs, whi

are low, when they are incurred.

o Deduct other charges from the proceeds 

collects before forwarding the funds t

the committee.

a Deduct amounts for chargebacks, i. e •,

calls for which the callers have

requested refunds, if the committee do

not submit payment for them in a timel

manner.

o To the extent the company doubts a

committee's ability to pay chargebacks

contract for the right to retain a

reasonable percentage of the proceeds 

security.

In view of these payment arrangement

and the fact that they conform to the

company's ordinary course of business wh

dealing with nonpolitical customers, Cal

Interactive is not required to obtain

deposits from political committees. H~

ever, to avoid a prohibited advance of

funds from the company, the initial exte

sions of credit to political committees

must be substantially similar, in amount

and risk, to extensions of credit the

company makes to nonpolitical customers.
FEDERAL ELECllON COMMISSION

•

October 1991

separate Account

Call Interactive receives proceeds for

900-1ine calls from AT&T in one lump sum

and must use a Call Detail Report provided

by AT&T, and its own records, to separate

the funds received by each customer.

Given the way Call Interactive receives

proceeds, the potentially large number of

political committee customers that a service bureau may have, and the company's plan

to keep separate records for each committee, Call Interactive may use one separate

bank account for the deposit of all political committee proceeds. This alternative

to setting up separate accounts for each co~ttee is premised on call Interactive's

maintaining separate book records for each

committee customer.

The company must forward proceeds to

each committee within 10 days (authorized

committees of. candidates) or 30 days (unauthorized committees). 2 U.S.C. §432(b)(1)

and (2); 11 CFR 102.8(a) and (b). With the

exception of charges billed directly to the

committees, Call Interactive should

withdraw charges for its services from this

account. again keeping separate records for

each committee.

Information on Contributors

It is necessary to obtain information

on callers making 900-line contributions in

order for the committee to identify and

refund prohibited contributions, monitor

contribution limits and comply with

reporting requirements.

Although the political committee is

ultimately responsible for identifying

contributors and refunding illegal contributions, Call Interactive also has certain

responsibilities. The company must either:

o Provide its own services for obtaining

the information. charging the committee

its usual fee for the services; or,

alternatively,

a Obtain certification from the commdttee

that is has arranged to obtain comparable

services elsewhere.

Call Interactive must follow the procedures described below for each alternative.

call Interactive Services. If Call

Interactive provides contributor identification services, it must develop a script

for 900-line calls that asks callers to

make responses (either by voice or by

touchtone) that are later transcribed. In

this way, Call Interactive must seek and

transcribe the following information:

o The caller's name and address;

o The number of the phone the caller is

using;

7

Volume 17, Numb

o Whether the call is made from a phon

billed to a corporation, labor organ

tion or foreign national (to identify

prohibited contributions); and

o Whether the call is made from a phon

that is not billed in the caller's ow

name or that of an immediate family

member (to minimize or avoid contrib

tions made in the name of another 1•

In conjunction with this procedure

Call Interactive must use a reverse di

tory data base that matches phone numb

with names and addresses. In this way

company can identify an average of 90 

cent of callers' names and addresses.

Although Call Interactive stated th

it would not be relying on the call De

Report (provided by AT&T) to obtain te

phone numbers. the call Detail and Cal

Refund Reports appear to be useful--per

essential--in determining ~nen a payme

representing an individual caller's co

bution was received by Call Interactiv

thus enabling the payment to be monito

for purposes of 11 CFR 102.8 (time lim

for forwarding contributions). Theref

unless there is an alternative way of

determining this date, call Interactiv

must consult the Call Detail Report.

Finally, Call Interactive must forw

information on contributions to the co

tee in a timely manner to ensure prope

reporting.

Comparable services. If the comm

obtains contributor information from a

other source, the services must be sim

or superior in identifying contributor

prohibited sources. Call Interactive

should obtain a written statement, cer

fied by a responsible committee office

that identifies the company providing 

services and briefly describes them. 

ever, if Call Interactive has actual k

ledge that the certification is incorr

it should contact the committee which, 

turn, should cease the program until c

rable services are found.

Unlawful and Unidentified Contribution

Regardless of whether Call Interac

or another source provides the informa

Call Interactive should obtain certifi

cation from the committee that it will 

contributor information to return proh

bited or excessive contributions and t

dispose of contributions from sources 

cannot be identified despite call iden

fication procedures. Call Interactive

should therefore forward all proceeds 

the committee (after deducting charges

regardless of their legality.

(contin
October 1991 FEDERAL ELECTION COMMISSION

It is the committee's responsibility to

refund prohibited or excessive contributions in compliance with 11 CFR 103.3(b).

With respect to proceeds from unidentified callers, the committee must promptly

dispose of the funds for some purpose

unrelated to federal elections or federal

candidates. unidentified contributions may

not be retained as anonymous contributions

under 11 CFR 1l0.4(c)(3l or N) 1980-99.1/

Fundraising through 900-line technologydoes not result in truly anonymous contributions, since it usually produces the name

and 'address of a telephone subscriber to

whom a bill is sent. Moreover, the ability

of callers to make repetitive calls distinguishes 900-line fundraising from the

situation in AD 1980-99.

Reporting call Interactive Cha~s

call Interactive may provide political

committees with a gross figure for its

charges without a breakdown of amounts paid

to third-party vendors such as AT&T. The

conunittee, when itemizing payments made to

Call Interactive, may describe the purpose

of the expenditures in general wording such

as "services and charges for 900-line

program." The conunittee must separately

itemize charges deducted from proceeds and

charges that are billed directly.

(Date Issued: August 30, 1991; Length:

13 pages)

NJ 1991-21: Ter:mi.nating PAC's Payment of

ReDiaim.ng· Funds to Individual

Subject to certain conditions, the Alliance

for Representative Government (ARG), a

multicandidate PAC that plans to terminate,

may distribute $30,000-$35,000 in remaining

funds to Mr. Peter schabarum, the

individual who formed the committee.

ARG was fonned by Me. Schabarum to

support Congressional candidates. Mr.

schabanwn, although a former California

officeholder, was never a candidate for

federal office.

ISection Il0,4(c)(3j permits th~ retention

of anonymous cash contributions of $50 or

less; the commdttee must promptly dispose

of anount.s in excess of $50_, using the

excess amounts for any lawful purpose

unrelated to federal candidates or elections. AD 1980-99 involved the mass

collection of small contributions at a

fundraising event and permitted a committee

to record the name of event and the amount

collected each'day, without identifying

each contributor.

B

Volume 17, Numbe

Because ARG was not an authorized

committee of Mr. Schabarum, it may expen

its funds for any lawful purpose consist

with the Federal Election Campaign Act a

FEe rules. ADs 1986-32, 1985-34 and 198

4. (Authorized committees of candidates

by contrast, are subject to the ban on t

candidate's personal use of excess campa

funds under 2 U.S.C. §439a and 11 CFR

113.2.)

If, however , ARG were to give the fu

to Mr. Schabarum in anticipation of, or 

relation to, a possible federal candidac

on his part, then the conmittee's paymen

to him would be subject to the contribut

limits. The funds would not be consider

the candidate's "personal funds" under

11 CFR'110.10(bl.

The contribution limits would also

apply if ARG distributed the funds to Mr

Schabrum in contemplation of his forward

them to specific federal political comm

tees. That would result in contribution

made by ARG with Mr. schabarum's acting 

the agent or conduit. See 11 ern 110.6.

As long as the funds are paid to Mr.

Schabarum for a purpose unrelated to

federal elections, the distribution is n

subject to any limdt under the federal

campaign law, and the payments would be

reported under the category- "other

disbursements." -11 CFR 104.3(b)(1)(ix) 

(b)(3)(ix). In this case, the federal

campaign law would not preempt any state 

local law that might awly to the distrib

tion. See 2' U.S.C.- S453; 11 CFR 108.7; 

1986-39 and 1986-5. Moreover, any tax

ramifications would be outside the FEC's _jurisdiction.

ARG may terminate only upon filing a

termination report pursuant to 11 CFR

102.3(a). (Date Issued: August 19, 199

Length: 3 pages)

AD 1991-23: -Donation of Raffle Prize to

Trade Association

by NonmerItler Cocporation

Because it is not a member of the trade

association, ,an incorporated automobile

distributor may not donate a car to the

National Association of Retail Druggists 

a fundraising raffle prize for the Asso

tion's PAC.

Incorporated members of a trade asso

ciation may make donations to help defra

fundraising expenses of the association

PAC. AO 1986-13. Donations by nonmemb

however, are considered contributions to

the PAC and thus are subject to the con

bution limits and prohibitions as well a

the solicitation restrictions of Part 11

See ADs 1969-18 and 1983-24. Therefore,
FEDERAL ELECTION COMMISSION

•

October 1991

the proposed donation by the automobile

distributor would result in a corporate

contribution, prohibited under 2 U.S.C.

§441b.

The corporate prohibition applies

despite any promotional value to the

automobile distributor in donating a car.

A corporate contribution may be avoided due

to the promotional aspect of a gift only

under narrow exceptions that do not apply

here. See, for example, ADs 1988-25 and

1987-24. (Date Issued: August 19, 1991t

Length 3 pages)

AD 1991-24: candidate-Advocacy CooDmications by Trade Associations to

fteB)ers

An incorporated trade association, the

credit Union National Association, Inc.

(CUNA), may make partisan communications to

its league members {also incorporated trade

associations) recommending that they support or oppose certain federal candidates

and asking that they pass on the recommendations to their own members. In response

to the CUNA communication, the Wisconsin

credit union League (a member of CUNA) may

make similar communications to its member

credit unions.

As an exception to the ban on corporate

expenditures, FEC regulations permit

incorporated trade associations to make

partisan communications to their members.

11 crR 114.3(a)(2) and 114.8Ih). However,

in the case of incorporated members, a

trade association must direct partisan communications to official representatives

of the member. 11 CFR 114.8(h)".

CUNA and the wisconsin League both

satisfy the definition of trade association

at 11 CFR 114. 8(a) and therefore may make

partisan communications to the representatives of their incorporated members. Moreover, OJNA league members and Wisconsin

League credit union members qualify as

"memosra" under 11 era 114.1{e) because

they may participate in the governance of

the organization by exercising voting

rights and must pay regular dues of a fixed

amount. See AOs 1990-18, 1987-13 and

1984-33.

'Itle partisan communications proposed by

CUNA and the Wisconsin League comply with

FEC rules because:

o The communications will not reproduce, in

whole or in part, candidate campaign

materialst

o They will not facilitate contributions,

that iSI provide the means for recipients

to make contributions to candidates (for

exampleI by enclosing envelopes or

stamps)t and

9

Volume 17, Num

o Neither CUNA nor the Wisconsin Leag

will subsidize any partisan commun

tions made on the basis of their

recommendations. 11 CFR 114.3; AOs 

29 and 1982-2.

OJNA and the Wisconsin League may 

to report their disbursements for par

communications on FEe Form 7 if:

o The communication is primarly devot

expressly advocating the election o

defeat of a clearly identified cand

and

o The cost of the communication excee

$2,000 per election. 11 ern 100.8t

and 104.6.

Although the advisory opinion req

asked whether the Wisconsin League's 

union members could make partisan com

cations to their own memberships, the 

mission could not respond because the

credit union members did not particip

the request. See 11 CFR ll2.1(bl. T

Commission did note, however, the pos

relevance of AD 1990-18, which permit

federal credit union to solicit its n

corporate members for separate segreg

fund contributions. The opinion cont

footnote stating that restrictions on

solicitations (Le., who may be solit

are similar to restrictions on partis

communications.

(Date Issued: August 30, 1991; L

a pages)

NJ 1991-25: 1991 Special Election an

Local Elections:

Ballot Composition Chang

Due to the 1991 special Senate electi

their state. the Pennsylvania DemOc

and Republican State Party Committee

adjust their ballot composition ratio

adding an additional federal point; t

adjusted ratio applies only to generi

voter drive costs incurred between A

(the date the seat become vacant) anc

November 5, 1991 (the date of the spe

election). (For convenience, commit

may use May 1 as the starting date.) 

the conuuittees may add one more nonfe

point to their ballot composition rat

for the entire 1991-92 election cycle 

reflect partisan local offices, even 

elections for local offices will take 

in 1991, While elections for other no

federal offices will occur in 1992.

Ballot Composition Ratio

Under rEe regulations that became

effective at the start of 1991, state 

conmU. ttees with separate federal and 

federal accounts must use the ballot

"(cont
October 1991 FEDERAL ELECTION COMMISSION

composition method to allocate their administrative and generic voter drive costs

between the two accounts. 11 CFR 106.5(dl.

This method is "based on the ratio of

federal offices•.. to total federal and nonfederal offices expected on the ballot in

the next general election to be he ld in the

committee's state or geographic area."

11 CFR 106.5{d)(I)(i). The ratio is

determined at the start of each two-year

federal election cycle. Thus, the ratio

for the 1991-92 cycle is based on the 1992

general election ballot.

Ratio AdjusbDent for

Special senate Election

The effect of a special election on

the ballot composition ratio is decided on

a case-by-case basis. In AO 1991-6, the

Commission concluded that a special Senate

election should count as an additional

federal point for the entire 1991-92

election cycle. In that situation, however, the vacancy in the seat occurred

before the start of the 1991-92 cycle, and

the special election to fill the seat was

scheduled for the 1992 general election.

(See also AD 1991-15, which presented a

sirndlar situation with respect to a .special

election for a nonfederal statewide

office. )

The Pennsylvania special election presents a different situation: The vacancy

did not occur until April 4, 1991 (the date

of Senator Heinz's death), and the election

is scheduled for 1991 (November 5). In

this situation, the committees must add an

extra federal point to the ballot composition ratio, but the adjusted ratio applies

only to the .period of the vacancy (April

4-Noverober 5). (Committees may use May 1

as a starting date, for convenience.) . Furthermore, the adjusted ratio applies

only to generic voter drive costs incurred

during the vacancy period; it need not be

applied to administrative expenses. See

11 CFR 106.5(a)(2)(i) and (iv) and

106.5(d)(2).

Ratio Adjustment for

1991 Partisan Local Offices

The regulations did not contemplate the

situation in Pennsylvania, where elections

for partisan local offices are held in oddnumbered years and elections for state

offices are held in federal election years.

However, the intent of the regulations was

to allow state party committees to include

a nonfederal point for local offices to

adequately reflect the scope of their

activity. See the Explanation and Justification for 11 eFR 106.5(d), 55 FR 26064

10

Volume 17, Numbe

(June 26, 1990)j see also AD 1991-6.

Therefore, even though local. offices wil

not appear on the 1992 ballot, the state 

party commdttees may recalculate their

ballot composition ratios for the 1991-92

cycle to include an additional nonfedera

point for those offices.

Computing the Adjusted Ratios

The additional nonfederal point for 

1991 local elections results in the foll

ing allocation percentages: 37 percent

federal and 63 percent nonfederal (3 fed

al points and 5 nonfederal points).1/

The addition of the federal point fo

the special Senate election increases th

federal portion of generic voter drive

costs to '44 percent and reduces the nonfederal portion to 56 percent (assuming 

committees choose to take the optional n

federal point for 1991 local elections.)

On November 6, the day after the special

election, the additional federal point i

subtracted, and the allocation formula fo

generic voter drive costs returns to 37

percent federal and 63 percent nonfedera

(based on the same assumption).

Corrective Transfers

The committees may have to transfer

funds between their federal and nonfeder

accounts to reflect the changes in the

federal percentages caused by the adjuste

ballot composition ratios. Corrective

transfers must be made within 30 days af

the date of the advisory opinion. See A

1991-15.

with respect to the additional feder

point for the special Senate election, i

may be necessary for the committees to

transfer funds from their federal accoun

to their 'nonfederal accounts to reflect 

higher federal percentage applied to gen

ic voter drive costs incurred during the

applicable period.

With respect to the addition of a oo

federal point for local offices, the

commit~ees may apply the revised ratio to

1991 expenses that were allocated under 

old ratio and accordingly transfer funds

from their nonfederal accounts to their

federal accounts to reflect the lower

federal percentage.

IBefore this advisory opinion was issued

the ballot composition formula for the

Pennsylvania state party ccnmittees was

based on.3 federal points and 4 nonfeder

points, for a federal/nonfederal ratio o

43 percent/57 percent.
FEDERAL ELEC-nOI\J COIVllV1ISSI0N Volume 17, Num

lFor a detailed summary of this decisi

see the February 1991 Record.

District Court Decision

On December 19, 1990, the U.S. Dis

Court for the souijthern District of Ne

York ruled that PCO's sale of contribu

lists violated the "commercial purpose

prohibition. (Civil Action No. 89-eIV

5238.) In reaching this decision, the

district court found that the FEe's de

mination in AD 1986-25 was reasonable. 

Commission had concluded that PeA's fo

profit status indicated a commercial

purpose. The Commission also conclude

that PDA could not claim the exception 

media use of contributor information u

11 CFR 104.1S(c) because FDA's lists w

have a commerica1 value to list broker

because the FEC information contained 

the lists was not incidental to the sa

the communication (as in a newspaper) 

was instead the primary focus of the

communication. ' The court also considered but reje

PCO's constitutional challenges to sec

438(a)(4). The court imposed a $5,000

penalty against PCD but stayed paymen

pending the resolution of PCO's appea

Court of Appeals Decision

The court of appeals rejected the

Commission's conclusion in AD 1986-25 

unreasonable interpretation of section

438(a)(4) and 11 CFR 104.15(c). The c

instead found that PCD's sale of contr

utor lists was permissible under those

provisions.

Under section 104.l5(c), the use o

information copied from FEC reports "i

newspapers, magazines, books or other

similar communications is permissible 

long as the principal purpose of such

COl1U1'lUnicatioIis is not to cOmJm.JOicate a

contributor information•.•for the purp

(conti

After the opinion was issued, PeA

established Political Contributions Da

Inc. (POD), a for-profit corporation, 

then sold lists of individual contribu

information compiled from FEe reports. 

marketed two standard reports: a list 

contributions made by officers and upp

level employees of the 700 largest u.s

corporations1 and a list of individual

contributing $500 or more, sorted by

congressional district.

The commission filed suit in Augus

1989 alleging that POD had violated se

438(a)(4) •

11

: '.:.:; >.":

:COURT CASES;:->x-

.. :.- "... /' .:"1 . '. _:".

October 1991

Background

Section 438(a)(4) protects information

on individual contributors (including

names, addresses, occupations and employers) that is disclosed on reports filed

with the FEC. Under section 438(a)(4),

information copied from such reports "may

not be sold or used by any person for the

purpose of soliciting contributions or for

commercial purposes.... " (The names and

addresses of political committees, however,

may be used for solicitation purposes.)

In AD 1986-25, issued to Public Data

Access, Inc. (PDA), the Commission considered PDA's proposed sale of information on

individual contributors that was compiled

from FEe reports. The Commission concluded

that the proposed sale would be for

"conunercial purposes" and would therefore

violate section 438(a)(4).

Reporting Ratio Adjustments and Transfers

In reporting the change to the ballot

composition ratio necessitated by the

Senate special election, each comndttee

should, in its next report, file an amended

Schedule HI noting the change to the ratio

and the reason for the change. See NJ

1991-15. The report filed after the

November special election should similarly

include a Schedule HI amendment that notes

and explains the ratio change that occurred

on November 6.

If the committee adjusts its ratio for

the 1991-92 cycle to include a nonfederal

point for local offices, it must also file

a Schedule HI amendment.

with respect to either ratio adjustment, the committees are not required to

recalculate previously reported entries on

joint federa!jnonfederal disbursements

(Schedule H4). Instead, the conunit tees may

enter the amount of the corrective transfer

on Schedule H4 with a note explaining why

the adjustment was made.

(Date Issued: August 20, 1991; Length:

5 pages)

FEe v : POLITICAL C<N1'RIBUTI~ MTA, INC.

On AUgust 21, 1991, the U.S.- Court of

Appeals ruled that political Contributions

Data, Inc. did not violate 2 U.S.C. §438(a)

(4) by selling, for profit, individual

contributor information copied from FEC

reports. (Civil Action No. 91-6084). This ~ling reversed the district court's

decision.

•
FEDERAL ELECTION COMMISSION

1991-11

11 CPR Parts 100, 102, 106, 110, 116, 90

.9007, 9012 and 9031-9039: Public Financ

of Presidential Primary and General Elec

tion Candidates; Final Rule and Transmit

to Congress (56 FR 35898, July 29, 1991)

PUBLICAP~

9/18-10/6 SUpreme Soviet of the

Russian Republic

International Foundation for

Electoral Systems

The Brookings Institution

Moscow, USSR

Commissioner. Danny L. McDonald

Volume 17, Numbe

·.i)'>i~(tlig?bi<ji·· ".

11/1-3 Center for the Study of the

presidency

Richmond, Virginia

Commissioner Lee Ann Elliott

10/4-5 American Bar ASsociation

Prouts Neck, Maine

vice Chairman Joan D. Aikens

FEDERAL RroISTER NOl'ICES

Copies of Federal Register notices a

available from the Public Records Office

1991-12

11 CFR Parts 102 and 113: Use of Excess

Funds; Final Rule and Transmittal to

Congress (56 FR 34124, July 25, 1991)

1991-13

11 CFR Parts 9034, 9036 and 9037: Match

Fund Submission and Certification Procedures for Presidential primary Candidate

Final Rule and Transmittal to Congress (

FR 34130, July 25, 1991)

1991-14

Filing Dates for Virginia Special Electio

(56 FR 36153, July 31, 1991)

1991-15

Rulemaking Petition: Common. Cause; Noti

of Availability (56 FR 41496, August 21,

1991)

12

National Republican Iostitute

for International Affairs

Moscow, USSR

Commissioner Thomas J. Josefiak

Ro.bert A. Dahl, Executive

Assistent.to Mr. Josefiak

9;20-22

October 1991

of soliciting contributions or for other

commercial pucposes. II [ernphasis added)

The court found that POD's contributor

lists qualified as "other similar communications" and that PCD's sale of FEC Lnfor->.

mation did not'violate the commercial

purposes prohibition: "The absence from

PCD's reports of mailing addresses and

phone numbers, as well as the caveat on

each page against solicitation and commercial use, make it virtually certain that

these reports will be used for informative

purposes (similar to newspapers, magazines,

and books••. l, not for commercial purposes

(similar to soliciting contributions or

selling carsl."

The court based this conclusion on its

interpretation of the commercial purposes

prohibition: liThe §43B(a)(4) prohibition

is only violated by a use of FEC data which

could subject the 'public-spirited' citizens who contribute to political campaigns

to r all kinds of solicitations,' 11 such as

commercial solicitations for magazine

subscriptions or credit cards. The court

said that this reading of the prohibition

balances the need to protect the privacy of

individual contributors with statutory

intent to promote public disclosure of

campaign finance information.

Finding the PCD did not violate section

438(a) (4), the court remanded the ca se to

the district court with instructions to

dismiss the FEe's complaint.
FEDERALELECTION COMMISSION Volume 17, Numb

Complainant: FEe initiat

Subject: Erroneous repo

excessive contributions;

improper transfer; corpo

contribution '

Disposition: (a) $1,500 

penalty; (bJ reason to b

but took no further -actio

...:", ..:\.~<:.-.-

..-; .·oJ :" .: 

.' ".. 

".. "';'0.":._,~: . . :

.'." <:

MlJR 3178

Respondents: (a) Handgu

Control, Inc. (DC) i (b) ,

Control political Action

Committee, Edward 0, We

treasurer (DC)

Coq;llainant: Absalom F.

Jordan, Jr. (VA)

SUbject: Solicitations

(cont

I'IUR 3141

Respondents: NationalR

can Senatorial committee

L. Hagen, treasurer (DC)

Coaplainant: ,Linda aurk

(Wi)

SUbject: Improper reque

contributor information

Disposition: No reason 

believe

JIIJR 3065

Respondents: Federal Ex

corporation PAC, A. Doyl

Cloud, Jr., treasurer (TN

CCIrIllainant: FEC initiat

SUbject: Misreported co

tions; excessive contribu

Disposition: $1,000 civ

penalty

JIIlJR 3129

Respondents: Agenda for 

90'S, Douglas Sharenstein

treasurer (CA)

~lainant: FEe initiat

SUbject: Excessive cont

tions; acceptance and de

of nonfedera1 funds; fail

identify a contributor

Disposition; $5,500 civ

penalty

1'IJR 3146

Respondents: (a) Nita L

for Congress, Aaron Eidel

treasurer (NY); (b) Repr

tive Nita Lowey (NY)

Coatllainant: AIda Vitag

(NY)

SUbject: Failure to file 

hour notices

Disposition: (al $3,500 

penalty; (b) no reason to

believe

. ,":",

.' :_:COMP,LIAN,CE~:· " _...." -.. "

. ".:

, ,

I'IIJR 3063

Respondents: (a) Bonker for

Senate Committee, Gary Gayton,

treasurer (WA); (b) Omniservices, Inc. (WA)

13

MOR 2708

Respondents: (a) Friends of .

Con9ressman Sikorski, Deanna

Peterson. treasurer (MNli (b)

Congressman Gerry Sikorski (MN)

C<Dplainant: Raymond C. Ploetz

(MN)

Subject: Failure to disclose

contributions; failure to file

report amendments with Secretary of State

Disposition: (a) $2,250 civil

penalty; (bl no reason to

believe

MlJR 3041

Respondents: (all located in

NJ) (a) Kirk W. Conover;

(b) Conover fot" Congress '68,

Michael S. Warner, treasurer;

(c) 1988 Republican Campaign

Commi ttee c/o Cape May County

Republican Organization, Mary

LOuise McCall, treasurer; (d)

Atlantic County Republican

Committee, William H. Ross,

III, tresurer

Complainant: FEC initiated

SUbject: Excessive contributions; failure to file Statements of candidacy and Organization; failure to register and

report; contributions made from

account containing corporate

contributions

Disposition: (a)-{d) Reason to

believe but took no further

action

JllUR 2619

Respondents: (all located in

IL) (a) Davis for Congress

Commcittee; (b) Jack oavis;

(c) Mark R. Tezak; (d) Robert

J. Tezak

complainant: Martin J. Gleason

(IL)

SUbject: Excessive contribution; disclaimer

Disposition: (a) Reason to

believe but took no further

action; (b) no reason to

believe; (c) and (dl reason to

believe but took no further

action

sible funds into federal

account

Disposition: $1,000 civil

penalty

.:-',": .

October 1991

1'IJR 2611

Respondents: Arizona Republican Party, David L. Hanna,

treasurer (AZ)

CClIIplainant: FEe i oi tiated

Subject: Deposit of impermisMUR 2270/2259/2233/2231

Respondents: (a) Nevada Republican Party/ Nevada Republican

State Central Committee-Federal

Account, Kevin G. Higgins,

treasurer (NY); (b) Jim Santini

for Senate, J. Glen sanford,

treasurer (NV)i (c) National

Republican Senatorial Committee, Rodney A. Smith, treasurer

(DC)

complainants: John N. schroede r , Chairman, Democ ratic Party

of Washoe county (NVl (2231);

Evan J. Wallach (NV) (2210/2259/

2233}

SUbject: Excessive coordinated

expenditures; disclaimers

Disposition: (a) $25,000 civil

penalty; (0) and (e) no reason

to believe

IKJRS RELEASED TO 'tHE PUBLIC

Listed below are MURs (FEC

enforcement cases) recently

released for public review.

The list is based on the fEe

press releases of July 19 and

30 and August 2, 12, 16 and 26,

1991. files on closed MURs are

available for review in the

Public Records Office.

unless othe~ise noted,

civil penalties resulted from

conciliation agreements reached

between the respondents and the

COmmission.

1'IIR 1472

Hespondents: (a) J!lmerican

International Demographic

services, Inc., Ernest Halter,

President (VA); (bl working

Names, Inc., Meyer Cohen,

President (MO); (c) American

Legislative Exchange Council

(DC)

Complainant: Lawrence J.

Halloran, Legal Counsel,

National Republican Congressional committee (DC)

SUbject: Improper use of

contributor infoonation

Disposition: (a) u.s. District

Court: $3,500 civil penalty;

(bl $2,500 civil penalty;

(c) no reason to believe (case

closed in 1966)

•
October 1991 FEDERAL EL£CTIOl\J COMMISSIOI\J

DiBpOsitim: COlllPlaint dismissed

_ 3196

1la8pClJdlmts: Tom Christo for

U.S. Senate. Inc., Jon Howell.

treasurer (NIl)

~lainant: FEe initiated

SUbject: Excessive contributions; failure to amend Statement of Organization on time

DispoSition: $1.000 civil

penalty

... 32Z4

Respondents: Fred Lockwood for

Congress, Rick A. Morehouse,

treasurer (NE)

ee.p1aioant: FEe initiated

SUbject: Failure to file 48-

hour notices on time

Disposition: $1,500 civil

penalty

IIDt 3233

Respondents: Committee to

Elect "Duke" cunningham.

Kenneth Burnell Batson. treasurer (0.)

OOIlp1ainant: F'EC i nitiated

SUbject: Failure to file 48-

hour notices on time

Diapoeition: $1,900 civil

penalty

JIJD. 3241

Respondents: Friends of Butler

Derrick, Lynne J. Richardson,

treasurer (VA)

COlIplai.nant: FEC initiated

Subject: Failure to file 48-

hour notice

Disposition: Reason to believe

but took no further action

RUB 3250 . Jte&pordents: Mangini for Congress, James E. Rafferty,

treasurer (NJ)

ocmplainant: FEe initiated

SUbject: Failure to file 48-

hour notices

Disposition: $1,500 civil

penalty

ICIR 3253

Respondents: Everly- for Congress. oavid Everly, treasurer

(MOl

Complainant: FEe initiated

SUbject: Failure to file

report on time

Dispositim: Reason to believe

but took no further action

MlIR 3255

Respondents: "Friends of Hugh

D. Shine for U.S. Congress,

Jack Nelson, treasurer (TX)

Ccaplainant: FEe initiated

SUbject: Failure to file 48-

hour notice on time

Disposition: $3,350 civil

penalty

IIJR 3259

Respondents: Gephardt for

Congress commdttee, John R.

Tumbarello, treasurer (MO)

~ainant: FEC initiated

Subject: Failure to file

48-hour notices

Disposition: $1,750 civil

penalty

liI.IR 3265

Respcnients: Friends of Phil

McConkey, Ted Resnick, treasurer (NJ)

~ainant: FEe initiated

SUbject: Failure to file 48-

hour notices

Disposition: $1,000 civil

penalty

KJR 3267

Respondents: COllIlIittee to

Elect Ralph Waite to Congress,

cliff Shinn. treasurer (CAl

ceqJlainant: FEe initiated

SUbject: Failure to disclose

original source of loan; failure to file 4B-hour notices

Disposition: Reasen to believe

but took no further action

I'IJR 3275

Respc:n::lents: Aetna Life and

casualty company Political

Action committee, Tillk>thy A.

Holt, treasurer (CT)

Complainant: FEC initiated

Subject: Failure to file

report on time

Disposition: $400 civil

penalty

fIBJR 3276

Respondents: American COnsulting Engineers political Action

Committee, Howa rd M. Messner,

treasurer (DC)

Coqllainant: FEe initiated

SUbject: Failure to file

report on time

Disposition: $500 civil

penalty

I'!lJR 3278

Respondents: Amco Employees'

Political Action Committee,

Jacqueline A. Anderson, treasurer (DC)

COql1ainant: FEe initiated

SUbject: Failure to file

report on time

Disposition: $250 civil

penalty

PIJR 3280

RespoOOents: Bell Atlantic

corporation Political Action

CotllIlittee, Cynthia Worthman,

14

Volume 17, Numbe

treasurer (PAl

Coq>lainant: FEC initiate

Subject: Failure to file 

report on time

Disposition: $625 civil 

penalty

IUl 3290

Respondents: Hudson valle

Political Action Oommdttee

Marilyn Enison, treasurer 

CClIlIplainant; FEe initiate

SUbject: Failure to file

report on time

Disposition: $1,240 civil

penalty

PIJR 3291

Respordents: Internationa

Chiropractors political A

Committee, Bruce E. Nordst

treasurer (VA)

Cclqllainant: FEe initiate

SUbject: Failure to file

report on time

Disposition: $375 civil

penalty

fIIlR 3292

Respondents: Investment

Management Political Actio

Committee of the Investmen

Company Institute, C. Rich

Pogue, treasurer (DC)

Complainant: FEC initiate

SUbject: Failure to file

report on time

Disposition: $500 civil

penalty

JIIlR 3294

Respondents: Local 401 Ir

Workers political Action F

Joseph J. Dougherty, treas

(PA)

Calplainant: FEe initiate

SUbject: Failure to file

report on time

Disposition: $400 civil

penalty

1CIR3296

Responjents: MAPCO ~loye

POlitical Action Committee

James J. Davis, treasurer 

Complainant: FEC initiate

SUbject; Failure to file

report on time

Disposition: $600 civil

penalty

fIIDl. 3301

Respondents: OCcidental O

and Gas Corporation PAC (A

Cities Service Oil .& Gas

Corporation PAC), Howard C

Frank, treasurec (OK)

CCDplainant: FEe initiate

SUbject: Failuce to file

report on time

Disposition: $725 civil

penalty
FEDERALELECTION COMMISSION Volume 17, Numb

subject: Failure to file

report on time

Disposition: $500 civil

penalty

PIJR 3333

RespDJdents: Warehouse E

ees union Local 169 Poli

Action comnittee, William 

Nolen, treasurer (PAl ~lainant: FEe initiat

SUbject: Failure to file

report on time

Disposition: $500 civil

penalty

MtJR 3337 Re~nts: Bamey Fran

Congress Committee, Dori

Breay, treasurer (MAl

cOllP1ainant:.: FEC initiat

SUbject: Failure to file 

hour notices

Disposition: $3,450 civ

penalty

MtJR 3330

Respondents: lBEW 349 E

PAC, 5ryan Rappaport, tre

(FL)

~lainant: FEe initiat

SUbdect: Failure to file

report on time

Disposition: $1,800 civ

penalty

MUR 3332

Respondents: Virginia B

Walt~~ C. Ayers, treasure

CompJainant: FEe initiat

SUbject: Failure to file

report on time

Disposition: $600 civil

penalty

1991-1: Credit card contr

tions to nonconnected P

federal contractor

partnership, 5:4

1991-2: Disposition of po

i11e981 funds raised th

900-line telephone call

1991-3: PAC newsletter di

uted outside restricted

class, 6:6

1991-4: Payment to senate

employee for two-week

teaching appointment, 5

1991-5: Party office buil

fund; preemption issues

1991-6: caleu1ating ballo

(cont

u. s-. CO'l,l'"II: r-nl'IH;!P"lt" P:tinhng OffiLl.! : 1991. - 281 ..73'1/4000

15

1990-25: Parent corporation'S

obligations to labor organization under twice-yearlY

provisions, 2:5

1990-26: Sale of eampaign

asset; personal use of excess

funds after November 30,

1989, 3:7

1990-27: Transfer to party's

federal account of funds

mistakenly deposited in state

account, 3:9

1990-29: Return to federal

account of funds trans:erred

to state account, 4:5

1990-30: Designation of postelection contributions to

[@tire debts, 4:6

lIIJR 3329

Re&pondents~ Freeze voter,

Richard Hark, treasurer (oc)

CClIIplainant= FEe initiated

" ..-.

Political Action Camrittee,

Richard K. Weinrotn, treasurer

(NJ)

~lainant: FEC initiated

SUbject: Excessive contribu-·

tions

Disposition: $900 civil

penalty

IIIUR 3320

Respondents: connecticut

Carpenters Legislative

Improvement Committee, John

cunningham, treasurer (CT)

CCIIPlainant:. FEe initiated

SUbject: Failure to file

reports on time

Disposition: $750 civil

penalty

MUR 3322

RespoOOents: Clay Campaign

C'ORIIli t tee, Pear1ie I. Evans,

treasurer (MO) ~lainant: FEC initiated . Subject: Failure to file 48-

hour notices

Disposition: $1,750 civil

penalty

NUB 3327

Re~ts: Brooklyn Democrats Fede:al Campaign Account,

Gerald P. Garson, treasurer

(NY)

Ca!plainant: FEe initiated

SUbject: Failure to file

report on time

Disposition: $500 civil

penalty

October 1991

ADVISORY OPINICN)

1990-14: AT&T's 900-line

fundraising service, 2:4

1990-19: Vendor/comni t tee

relationship; sale and

repurchase of fundraising

items, 1:8

1990-22: Blue CrossjBlue

Shield's solicitation of

member plans' personnel, 1: 9

MVR 3307

Respondents: Shooey's Political Action COlTIIlittee, Fred E.

McDaniel, Jr., treasurer (TN)

C<lI1Iplainant: PEt initiated

SUbject: Failure to file

report on time

Disposition: $375 civil

penalty

I«J:R 3319

Respondents: Hannoch weisman

The first number in each

citation refers to the "number"

(month) of the 1991 Record

issue in which the article appea~ed; the second number,

following the colon, indicates

the page number in that issue.

JIIUR 3306

Respondents: San Franciscans

for cood Government, Rus~ll 5.

Holdstein, treasurer (CAl

Complainant: FEe initiated

SUbject: Failme to file

report on time

Disposition: Reason to believe

but took no further action

MUR 3303

Respondents: Pacific Mutual

Life InsuriU1ce COtIIpany

po~itical Action Committee,

RObert G. Haskell, treasurer

(CA)

Ccq:llainant: FEe initiated

SUbject: Failure to file

report on time

Disposition: $375 civil

penalty

Ml1R 3302

Respcanents: Pacific Enterprises Political Assistance

COhIIlittee, George P. Williams,

treasurer (CA)

cedplainant: FEe inibated

SUbject: Failure to file

report on time

DiSposition: $650 civil

penalty

•
October 1991 FEDERAL B£CTION COMMISSION

composition ratios; allocating pre-1991 expenses, 6:6

1991-8: Payment to Senator for

radio series, 6:8

1991-9: Retroactive interest

payments on loans made by

candidate, 7: S

1991-10: Candidate's use of

assets jointly held with

spouse, 6:8

1991-12: Transfer from candidate's nulti-purpose committee to c~iqn commdttee,

8:6 . 1991-13: Labor union jointly

established by two other

unions, 7:5

1991-14: State tax checkoff

funds used for party's

federal activity, 8:7

1991-15: Party committee's

transfer to correct federal

account's overpayment of

allocated expenses, 8:7

1991-16: sale/Use restriction

applied to FEe forms filed

under Indiana law, alB

1991-11: Corporabe sponsorship

of "good citi2:enship" video

tape featuring Member of

Congress, 8:9

1991-18: Telemarketing services

provided by corporate vendor,

9:7

1991-19: Employee payroll

deductions after corporate

merger, 9:8

1991-20: Procedures for service

bureau providin9 900-line

FEDERAL ELECTION COMMISSION

999 E Street, NW

Washington, DC 20463

Official Business

fundraising services, 10:6

1991-21: Terminating PAC's

payment of remaining funds to

individual, 10:8

1991-23: Donation of raffle

prize to trade association by

nonmember corporation, 10:8

1991-24: Candidate-advocacy

communications by trade associations to members, 10:9

1991-25: 1991 special election

and local elections: ballot

composition change, 10:9

COUR1' CASE3

Dole v. International

Association Managers, Inc.,

6:9

FEe v ,

- AugUStIne for Oongtess, 2:7 - oramesi for Congress, 3:1Q - Fletcher, Friends of

Isaiah, 4:6 - Lawson, 6:10 - ~ech, Inc., 3:11 - Mann for Congress

Comrni.ttee, 5:7 - Mid-America Conservative

PAC, 2:10

- National Republican

Senatorial committee, 6:10 - NRA Political Victory F\lOd,

3:10 - political Contributions

Data, Inc., 2:8; 5:7; 10;11 - ~list Party, 8:11 - SChaefer, Friends of, 7:8 - StIli til, Dennis, for

Congress, 5:7

Volume 17, Numbe

- speelman, 3:10 - Webb for Congress

Connittee, 2:10 

- West Virginia Republic

State Executive comm

3:10

- Working Names, Inc. (9

l009-GAG and 87-2467-G

5:7

v . FEe ~ollU1lOn Cause; Nationa

RepUblican Senatorial

Cqrnmittee, Appellant 

5317), 1:7

- Faucher and Maine Righ

Life Comntittee, Inc. 

1832), 5:8

- International Associa

Managers, Inc., 7:6 - Republican Party of

I(entucky, 7:8 - Schaefer, 6:11 - spannaus (91-0681), 6:

- stern, 2:7

ster~General Electric

Company, 7:6

800 LINE

Allocating expenses throug

ballot composition, 2:1

Debt retirement by candid

committees, 4:7

PACs: allocating federal a

nonfederal expenses, 6:1

Redistricting, 8:12

Staff advances and salarie

2:6

Bulk Rate Mail

Postage and Fees Paid

Federal Election Commission

Permit Number G-31