FINAL CERTIFICATION

TO ANDERSON CAMPAIGN

On January 8, 1981, the Commission determined 

new party Presidential candidate John B. Anderson and 

running mate Patrick J. Lucey were eligible for a maxim

post-general election entitlement of $4,242,304. 

Commission based this final certification on procedure

had established for new party candidates on Novembe

1980, pursuant to 26 U.S.C. §§9004(a)(3) and 9005

(See the December 1980 Record.) This entitlement refl

the official vote results obtained from state election bo

contin

February 19

A former member of Congress from Wisconsin (1961-

Mr. Thomson was one of the original Commissioners of 

F EC, serving between 1975 and 1979. He was chairma

the Commission between 1976 and 1977. Prior to 

Congressional career, Commissioner Thomson served 

Governor of Wisconsin. He also held a seat in the Wisco

State Assembly for sixteen years, including three cons

tive terms as Speaker. Mr. Thomson's career also inclu

service in Wisconsin as Attorney General, Assistant Dis

Attorney of Richland County and City Attorney 

Mayor of Richland Center.

organization of the Council on Governmental Ethics L

in December 1978. Mr. Reiche's term as an FEC Comm

sioner will expire on April 30, 1985.

THOMSON RECEIVES INTERIM

APPOINTMENT AS COMMISSIONER

On January 2, 1981, President Carter gave former F 

Commissioner Vernon W. Thomson an interim appointm

as Commissioner to fill the vacancy created 

Commissioner Max L. Friedersdorf's resignation. 

New Officers, above.] On January 5, Mr. Thomson 

sworn in at the Commission, with Chairman John Wa

McGarry presiding.

THE FEDERAL ELECTION

COMMISSION

1325 KStreet NW., Washington, D.C. 20463

Volume 7, Number 2

New Procedures for Eleeting Officers

The December election of its new officers marked a

change in the Commission's procedures. Previously the

election of officers had occurred in May. Beginning in

1981, the Chairman and Vice Chairman will be elected at

the last public meeting in December of each year, and their

terms will coincide with the calendar year.

NEW OFFICERS ELECTED

On December 18, 1980, the Federal Election Commission unanimously elected John Warren McGarry as

Chairman and Frank P. Reiche as Vice Chairman for

one-year terms commencing January 1, 1981. Chairman

McGarry succeeded Max L. Friedersdorf, who resigned

from the Commission on December 16 to serve as Assistant

to the President for Legislative Affairs.

Prior to his appointment to the Commission in 1979, Vice

Chairman Reiche was a partner in the Princeton, N. J. law

firm of Smith, Stratton, Wise and Heher. He served as a

member of New Jersey Governor William T. Cahill's Tax

Policy Committee from 1970 to 1972. Governor Cahill

appointed Mr. Reiche Chairman of the first New Jersey

Election Law Enforcement Commission in 1973; he was

reappointed as Chairman by Governor Brendan Byrne in

1975. During 1977·78, he also served as chairman of the

Steering Committee of Interstate Agencies, which led to the

New Officer$

Chairman McGarry, a member of the FEC since October

25, 1978, had served as Vice Chairman since May 1980.

Prior to his appointment to the Commission, Mr. McGarry

served from 1973 to 1978 as Special Counsel on Elections

to the Committee on House Administration, U. S. House of

Representatives. Between 1963 and 1973, he combined

private law practice with service as Chief Counsel for the

. House Special Committee to Investigate Campaign Expenditures. Mr. McGarry also served as Assistant Attorney

General of Massachusetts from 1959 to 1962. His term on

the Commission will expire on April 30, 1983.

•

•

•
-_.__._

2

ADVISORY OPINION REQUESTS

Advisory Opinion Requests (AOR's) pose questions o

the application of the Act or Commission Regulations t

specific factual situations described in the AOR. The fol

lowing chart lists recent AO R's with a brief description o

the subject matter, the date the requests were made publi

and the number of pages of each request. The full text o

each AOR is available to the public in the Commission

Office of Public Hecords.

Date Made No. of

AOR Subject Public Pages

1980-144+ Application of the Act 12/19/80 18

to Presidentialinaugural

committee.

1980-145 Solicitation of contri- 12/29/80 3

butionsto retire candidate committee's debts.

1980-146 Trade association solicita- 12/29/80 2

tion of combined dues and

contribution to separate

segregatedfund.

1980-147 Use of excess campaign 12/30/80 2

funds to refund eandldate'S contributions to

his principal campaign 

committee.

1981-1 Disclosure by 1972 poittl- 1/6/81 3

cal committees supporting

Presidentialcandidate of

remainingsurplus funds;

transfer of funds to party

county committea.

1981-2 Campaign funds used for 1/15/81

swearing-in reception.

1981-3 Corporate payments for 1/15/81

ads in magazineof party

committee.

1981-4 Contribution of profes- 1/15/81

sionalassociation's PAC

through checkoff on

membershipdues staternents,

+See e. 6 for a summary of the advisoryopinion issued in January,

The RECORD is pUblished by the Federal Election Commission, 1325 K Street, N.W., Washington, D.C. 20463. Commissioners are.' John Warren McGarry, Chairman; Frank P. Reiche, Vice Chairman; Joan D. Aikens, Thomas E. Harris;

Vernon W. Thomson; Robert O. Tiernan; William F. Hildenbrand, Secretary of the Senate, Ex Officio; Edmund L.

Henshaw, Jr., Clerk of the House of Representatives, Ex Officio. For more information, call 202/523-4068 or toll-free

800/424-9530, ' ,

On November 13, 1980, within ten days of determining

their eligibility for post-election funding, the Commission

had certified an initial payment of $4,164,906.24 to the

candidates and their principal campaign committee, the

National Unity Campaign for John Anderson. This initial

payment was based on the unofficial vote results, plus a one

percent "holdback" that reflected the traditional difference

between the unofficial and official vote results. To adjust

the difference between the Anderson campaign's initial

and final entitlements, therefore, the Commission certified

an additional payment of $77,397.76.

and compiled by the FEC's Clearinghouse on Election

Administration. (See p. 2.)

The FEC report shows that Republican Ronald Reagan

received 43,899,248 votes, representing 50.75 percent of

the total; Democrat Jimmy Carter, 35,481 votes or 41.02

percent; Independent John Anderson, 5,719,437 votes or

6.61 percent; and Libertarian Ed Clark, 920,859 or 1.06

percent. Because election laws vary from one state to

another, the official vote returns for the 1980 Presidential

election are based on individual state definitions of a valid

vote cast and counted for a candidate.

OFFICIAL VOTE RETURNS

FOR 1980 PRESIDENTIAL ELECTION

Almost 54 percent of eligible American voters cast

ballots for President in the 1980 general election, according

to official vote totals compiled and released on December

31, 1980, by the Federal Election Commission's Clearinghouse on Election Administration. Based on official reports

from individual state election offices, the Clearinghouse

determined that 86,495,678 votes were cast for 21 Presidential candidates appearing on various state ballots and

write-in ballots. This represents a voter turnout of 53.95

percent.
'.

e·

•

ALTERNATE DISPOSITION OF

ADVISORY OPINION REQUESTS

AOR 198()..124 (use of trust funds of unknown source

for federal elections) was closed as incomplete (l.e. as

containing insufficient information) in a letter issued by

the General Counsel on December 22, 1980.

In response to AOR 1980-136 (artwork given to creditors as debt settlement by Presidential primary committee), the General Counsel informed the requester

in a letter issued January 8, 198\, that the Commission

had failed to approve an advisory opinion by the requisite four-vote majority.

ADVISORY OPINIONS: SUMMARIES

An Advisory Opinion (AO) issued by the Commission

provides guidance with regard to the specific situation

described in the AOA. Any qualified person who has

requested an AO and acts in accordance with the opinion

will not be subject to any sanctions under the Act. Other

persons may rely on the opinion if they are involved in a

specific activity which is indistinguishable in all material

aspects from the activity discussed in the AD. Those seeking guidance for their own activity, however, should consult

the full text of an AD and not rely only on the summary

given here.

AO 1980-6: Association's Solicitation Plan;

Contributions Made by Corporate Check

Association's Solicitstion Plan. A plan proposed by the

Farm Bureau, Inc. [the Farm Bureau), a trade association,

to solicit contributions from its members is not permissible

under the Act and Commission Regulations.

Under the plan, the Farm Bureau would have combined the

collection of annual membership dues with the solicitation

of contributions to its proposed separate segregated fund,

Agrlpac. Members would have been billed for both a

contribution to Agripac (in an amount specified by the

Farm Bureau) and their dues. Members who did not wish to

contribute to Agripac could then have requested a refund

for the amount of the contribution. The plan is not permissible because the Farm Bureau would not have merely

suggested contribution guidelines, permitted by 11 CFR

1.14.5(a)(2), but it would have required that contributions

be for a specified amount. Moreover, the Farm Bureau

would not have informed the members that they were free

to contribute more or less than the specified amount, as

required by 11 CFR 114.51a1l21 through (5).

Since the Farm Bureau's solicitation plan was not permissible, the Commission did not decide on whether the

method it proposed for separating contributions and dues

was permissible.

Contributions Made By Corporate Check. An individual

who is a stockholder in a small, closely-held corporation

may not make a combined payment of membership dues

and a contribution to the Farm Bureau with the corporation's check. Payment by corporate check would result in

3

a prohibited contribution from the corporation unles

check were drawn on a nonrepayable corporate ac

established for the individual. (Date Issued: April 9, 

Length: 4 pages)

AO 1980-18: Separate Segregated Fund Established

by Four Affiliated Corporations

Four affiliated corporations, the Kanter Corporation

Corporation, National Bank of Florida and the Ba

Florida in South Florida, may jointly sponsor a sep

segregated fund, KAN PAC," Neither the Act nor 

mission RegUlations preclude joint sponsorship of 

PAC by the four corporations because they mee

requirements for affiliation spelled out in Comm

Regulations at 11 CFR 110.3(aj(1 )(iii}(AI. Specificall

controlling interest in the voting stock of each comp

owned beneficially by Joseph H. Kanter or the K

Corporation, which, in turn, is owned by Mr. Kante

his immediate family. Since the corporations mee

affil iation requirement, their proposed plan to al

KAN PAC's administrative and solicitation expenses (

are not reportable as contributions or expenditures 

the Act) would also be permissible. 2 U

§ §431(8)(B )(vi) and (9}(B){v). (Date Issued: Apr

1980; Length: 3 pages)

*KAN PAC's official title will include the names of all four 

rations as requiredby 2 U.S.C. §432(e)(Sl.

AO 1980-63: Costs of Fundraiser

as In-Kind Contribution _

Costs ($250) incurred by Mr. Collis Chandler for co-h

a fundraiser on behalf of the Committee for Tim Wirth 

Committee) are reportable as an in-kind contribution t

Committee. Comparable costs ($250) incurred by h

host, Mr. Michael Murphy, are not, however, repo

as a contribution because the fundralser was held 

home. Under the 1979 Amendments to the Act, the 

of providing volunteer services on behalf of candi

including costs of invitations, food and beverages, ar

considered contributions to the candidate if:

1. The volunteer activity is conducted in the indivi

home or a church or community room; and

2. The costs for such volunteer activity do not e

$1,000 per election. 2 U.S.C. §437f; 11 CFR 100

(4) and 15). (Date Issued: June 30, 1980; Leng

pages)

AO 1980-106: Summary of Presidential candidates'

Positions on Public Issues Published

by Unincorporated Association

Payments made by FaithAmerica, an unincorpo

association of Christian laymen, to publish and distrib

proposed brochure summarizing Presidential candi

views would constitute "expenditures" made for 

purpose of influencing a federal election, The pay

would be considered "expenditures" because the 

mation, and the manner in which it was to be pres

were designed to influence the reader's choice in the 

Presidential election rather than to promote discussi

public issues. The publication listed the position of 

cont
Presidential candidate, pro or can, on issues of concern to

Christian clergy and laymen. Moreover, FaithAmerica

planned to distribute the publication close to the time of

the Presidential election. If the expenditures for the proposed publication exceeded $1.000 during 1980,

FaithAmerica would have to register and' report as a political committee. 2 U.S.C. §§431, 433 and 434. (Date

Issued: December 23.1980; Length; 4 pages)

AO 1980-122: General Election Contributions

Used to Retire Primary Debts

New Yorkers for Myerson, Inc. (the Committee), the

principal campaign committee of Bess Myerson's campaign

for the U.S. Senate. may not use contributions earmarked

for the general election campaign to retire debts of her

primary campaign. Miss Myerson was a candidate only

in the primary, and all the Committee's debts and obligations were incurred for that election. Since the contributions earmarked for the general election were from indio

viduals who had already contributed up to $1,000 to Miss

Myerson's primary campaign, use of these contributions to

retire primary debts would cause the contributors to exceed

their primary election limits ($1,000 per donor). 2 U.S.C.

§441a(a)(1)(Al. The Committee must, therefore, return

these earmarked contributions to the contributors to avoid

receipt of contributions in excess of the limits. (Date

Issued: December 22, 1980; Length: 3 pages)

AO 1980-126: Political Committee Status

• of Get-Out-The-Vote Activity

Independent Voters for a Hepublican Victory (Independent

Voters), a political organization established by Mr. Warren

Lewis, is a "political committee"under the Act even though

Mr. Lewis alone was responsible for the committee's

activity and decisions Ii.e., establishing a bank account in

the organization's name, soliciting contributions, preparing

and distributing a brochure urging independent voters to

vote for Republican candidates in the 1980 general elections). 2 U.S.C. §431 (4)(a); 11 CFR 100.5{a). As such,

Independent Voters is subject to all appl icable provisions

of the Act, including the registration and reporting reo

quirements of 2 U.S.C. § §433 and 434.

Mr. lewis and the contributors to Independent Voters

constitute a political committee because they comprise

" ... a group of persons ..." that received or spent more

than $1,000 to influence a federal ejection. 2 U.S.C.

§431 (4) (A). Also relevant are the facts that Mr. lewis:

1. Established an organizational identity (all contributions

were solicited to, and deposited in a bank account estabIished in the name of, Independent Voters); and

2. Reached beyond his personal funds to involve numerous

people in the same activity by soliciting contributions

from a broad range of persons across the country.

Moreover, these contributors divested themselves of any

control over how the organization's funds were spent.

(Date Issued: December 22,1980; Length: 3 pages)

4

AO 1980·132: Contributions from Partnership

with One Corporate Member

Contributions made by Multivisions, a partnership with on

corporate partner, to the primary and general electio

campaigns of Alaskans for Gruening do not constitut

prohibited corporate contributions because Multivlslons di

not attribute any portion of the contributions to th

corporate member. When making a contribution, Mult

visions could choose to attribute a contribution to onl

certain individual partners as long as:

1. The contributing partners' respective profits wer

reduced (or their losses increased) by the exact amoun

of the portion of the contribution attributed to them;

2. The profits (or losses) of only the contributing partner

were affected;

3. The contributions did not affect the corporate member

share of profits (or losses);

4. The portion of the contribution attributed to eac

individual partner did not exceed his or her contributio

limits (2 U.S.C. §437f and 11 CFR 110.t(e){2)); an

5. The contributions were reported pursuant to 2 U.S.C

§434. (Date Issued: December 12, 1980; Length: 2 pag

AO 1980·133: Solicitation to labor PAC Through

Checkoff from Membership Dues

The Central States Joint Board International Union o

Allied, Novelty and Production Workers, AF L-CIO (th

Joint Board) may not use a procedure it proposed fo

soliciting contributions to its separate segregated fund.

Under the Joint Board's proposed solicitation plan, indi

vidual members of the local affiliates would be asked to

make voluntary contributions by designating a portion o

their monthly dues to the fund without increasing tota

dues required. Donors would have the option of not con

tri.ing any portion of their dues to the separate segre

gated fund, in which case they would still pay the fu

amount of dues. Commission Regulations explicitly pro

hibit the plan because, in effect, it would result in a transfe

of funds from the local affiliate's general treasury to th

separate segregated fund. 11 CFR 114.5(al(l} and 114.

(b). (Date Issued: December 22, 1980; Length: 2 pages]

AO 1980-134: Application of Contribution limits

to Independent Senate Campaign

If Senator Lowell Weicker campaigns for reelection in 198

as an independent, rather than as a Republican candidate

his principal campaign committee, Weicker '82 Committe

(the Committee), may:

1. Accept up to $1,000 from an individual for the primar

election and up to $1,000 from the same individual fo

the general election; and

2. Accept contributions for both the primary and genera

election campaigns prior to the primary election. A

contributions for the general election must, however, b

so designated. Moreover, the Committee must use a

acceptable accounting method to distinguish betwee

primary and general election contributions and may hav

to return general election contributions if Senato

Weicker does not campaign in that election.

If Senator Weicker campaigns as a minor or new party

candidate (l.e., a candidate "without nomination by 
STATUS OF FEe REGULATIONS

Date Sent Federal Register Date Prescribed*·

Regulations* to Congress Publication by the Commission

11 CFR 9033.9 4/10/80 4/15/80 7/3/80

Suspension of Primary (45 F R 25378)

Matching Fund Payments

11 CFR Part 4 Not applicable 5/13/80 6/12/80

Public Records and the (45 FR 31291)

Freedom of Information Act

11 CFR Part 5 Not applicable 5/13/80 6/12/80

Access to Public Disclosure (45 FR 31292)

Division Documents

11 CFR, Parts 100 and 110 5/14/80 5/23/BO 8/7/80

Contributions to and {45 F R 34865)

Expenditures by Delegates

to National Nominating

Conventions

11 CFR, Parts 100, 106, 6/13/80 6/27/80 9/5/80

110,140·146 and 9001-9007 (45 FR 43371)

Public Financing of Presidential General Election

Campaigns

"The chart is cumulative, listing all amendments to the FEC Regulations proposed after the April 1980 edition of 11 CFR was p

lished, including any technical amendments.

• *TheCommission may prescribe itsregulations 30 legislative daysafter it has transmitted them to Congress, providedneither the H

nor the Senatedisapproves them during this period.

major party") instead of as an independent, the same

contribution limits will apply.

As an independent or as a minor or new party candidate,

Senator Weicker may select one of three primary election

dates provided by FEC Regulations. See 11 CFR 100.2

(c)(4)(i), (ii) and (jjj).

The Commission did not decide on any separate issues that

may arise if Senator Weicker changes his cu rrent Republ iean fil ing status after he qual ifies for the ballot under Connecticut law. (Date Issued: December 22, 1980; Length:

3 pages)

AO 1980-135: Payments Made by Corporation

to Indemnify Staff of its Separate

Segregated Fund Against Legal liability

Payments made by the Raytheon Company (the Corporation) to indemnify corporate officers and employees

against any legal liability (e.s.. fines, [udqments or settle5

ments) incurred in connection with activities of the C

ration's separate segregated fund (the Committee

permissible. Such payments constitute expenses of ad

tering the Committee rather than prohibited corporat

tributions. 2 U.S.C. § §431(B)(B)(vil and 441 b(b)(

11 CF R 114.11!bl. (Date Issued: December 22, 

Length: 2 pages)

AO 1980-137: Candidate's Use of His Company's

Resources to Comply with the Act

Costs incurred by Mr. Don L. Richardson's com

Logic Systems, Inc.. in providing accounting s

to Mr. Richardson's Senate campaign are exempt fro

Act's definitions of contribution and expenditure. 1

114.1 (a)(2)(viil. His company's personnel may p

accounting services, including use of the com

computer equipment to produce computerized sched

contributions and expenditures required for 

Richardson's campaign reports, as long as:

1. The services are rendered solely to ensure th

campaign committee complies with the Act;

2. The company does not hire additional person

either render the accounting services or to 

personnel already employed to render the services; 

3. The company's costs for the services are reported 

Richardson's campaign committee [n accordance 

con
Part 104 of Commission Regulations. See also 2 U.S.C.

§ §431(8)(8)(ix) and 431 (9)(B)(vii). (Date Issued:

January 16, 1981; Length: 3 pagesl

AO 1980-138: Senator-Elect's Use of Excess Campaign

Funds for Transition Expenses, Winding

Down Costs and Living Expenses

Senator-elect Frank H. Murkowski could use excess campaign funds of his 1980 Senatorial campaign to pay for his

transition expenses (e.g., travel between Alaska and Washington, D.C., moving his family to Washington and maintaining a transition office between November 5, 1980,

and the date he was sworn in as a U.S. Senator). The Act

and Commission Regulations permit a candidate or individual to use excess campaign funds for "ordinary and necessary expenses" incidental to his/her duties as a federal

officeholder. 2 U.S.C. §439a and 11 CFR 113. Although

Mr. Murkowski had not yet been sworn in as a U.S. Senator, he nevertheless could use excess campaign funds in

these ways because federal officeholder is defined as "an

individual elected to or serving in the office of ... Senator ... ." 11 CFR 113.1(c). The Senator-elect's principal

campaign committee could also use the excess funds to pay

costs of winding down his campaign (e.q., office rental,

postage, staff salaries and telephone costs) because campaign committees have wide discretion in determining how

campaign funds may be spent in winding down a campaign.

The campaign committee, however, had to report these

costs pursuant to 2 U.S.C. §434.

Mr. Murkowski could not, however, use the excess funds to

pay his living expenses or those of his family during the

transition period since these were not incidental to his

election but rather were "personal expenses." Only those

federal officeholders who were members of Congress when

the 1979 Amendments to the Act were passed on January

8, 1980, could use excess campaign funds for such personal

expenses. 11 CFR 113.1(cl. (Date Issued: December 22,

1980; Length: 3 pages)

AD 1980·140: Income From Radio Commentaries

Not Honorarium

Compensation that Senator Robert Dole receives for

making periodic radio commentaries under contract to

O'Connor Creative Services, Inc. constitutes a stipend,

rather than an honorarium subject to the $25,000 per year

limit. Under the Act and F EC Regulations, compensation

by news media that is paid on a continuing basis for commentary on events other than the campaign of the individual compensated is considered a stipend, not an honorarium.2 U.S.C. §441 i; 11 CFR 110.12(a)(2) and (c)(3).

The Commission expressed no opinion on relevant tax laws

or Senate rules since they are beyond its jurisdiction. (Date

Issued: January 9, 1981; Length: 2 pages)

AO 1980-144: Statu. of Inaugural Committe.

as Political Committee

The Presidential Inaugural Committee - 81 (the Cornmittee), the successor to the 1977 Inaugural Committee,

may accept unlimited donations from any person, including

government contractors, corporations and labor organiza6

tions, The Committee is not subject to the Act's contribution limits and prohibitions or its registration and reporting

requirements because the Committee's purpose is to finance

inaugural activities rather than federal election campaigns.

The funds donated to and expended by the Committee

are not, therefore, contributions or expenditures, and the

Committee is not a "political committee." Moreover, any

residual funds will be used exclusively to fund a future

inaugural committee, a charitable organization or an

organization of the federal government and not to influence

a federal election. (Date Issued: January 9, 1981; Length:

3 pages)

FRED P. AMES v, FEe

On October 29, 19110, the U.S. District Court for the

District of Columbia granted the FEe's motion to dismiss a suit brought by Fred P. Ames against the FEC on

August 13, 1980. The FEC sought dismissal of the suit,

Fred P. Ames v. FEe (Civil Action No. 80-2051), on the

grounds that:

1. Plaintiff failed to provide a plain and direct statement of

his claim;

2. The Court lacked jurisdiction over the subject matter;

and

3. The suit failed to state a claim on which relief could be

granted.

In the SUit, plaintiff had sought an injunction from the

Court that would have prevented the FEC from certifying

public funds to the two major political parties. Plaintiff had

also demanded that the FEe provide a grant of $4 million

to Concerned Citizens of America, an unidentified organization.

NEW LITIGATION

FEe v. Committee for Better

Government, et at

The FEC seeks a court finding that Densmore Sales and

Service, Inc. violated 2 U.S.C. §441 b(a) by making three

$1,000 contributions between July 25, 1978, and March 7,

1979, to its separate segregated fund, Committee for Better

Government (CBG). The Commission further seeks a

determination that CBG violated 2 U.S.C. §441 b(a) by

accepting _the contributions.

(U.S. District Court for the Southern District of Illinois,

Docket No. 80-5356, December 12, 1980.)
•

•

•

FEC .... Zamparelli, et at

The FEC seeks a declaratory judgment that the Committee to Re-Elect John Zamparelli violated 2 U.S.C.

§441a(a)(1)(A) by making a $5,000 contribution to the

Tsongas for Senate Committee. (At the time it made

the contribution, the Committee to Re-Elect John Zamparelli had neither registered wit'n the FEC'r1Or qualified as

a multicandidate committee.' The FEC also asks the court

to permanently enjoin the defendants from making any

further unlawful contributions and to assess a $5 000 civil

penalty against them. r

(U,S. District Court for the District of Massachusetts

Docket No. 80·2768-C, December 12, 1980.) ,

DESIGNATING A PRINCIPAL

CAMPAIGN COMMITTEE

Under what circumstances must an indi ...idual who plans to

run for federal office in 1982 or 1984 designate a principal

campaign committee?

Individuals running for federal office in 1982 or 1984

must designate a principal campaign committee within 15

days of becoming a candidate. (Individuals become candidates once they raise or spend more than $5,000 to influence their future election or when someone they authorize

to work on their behalf raises or spends $5,000 to influence

their election. See 11 CFR 101.1(a).)

Candidates designate a principal campaign committee by

filing a Statement of Candidacy on FEC Form 2 or a letter

containing the same information (I.e., the name and address

of the principal campaign committee, as well as the candidate's name and address, party affiliation and office sought;

and the district and state in which the office is sought).

This information must be filed with the Clerk of the House,

the Secretary of the Senate or the FEC, as appropriate.

This requirement also applies to individuals who were

candidates in a previous election, and whose authorized

committees are still registered with the Commission. They

must file a new FEC Form 2, either designating a new

principal campaign committee or redesignating their current

committee. If the candidate redesignates a committee, the

committee must amend its current Statement of Organization (FEC Form 1) to reflect any new information (e.g .. a

change in the committee's name or address).

To obtain FEC Forms or more information, contact the

FEC's Office of PUblic Communications by writing or

calling 202/523-4068 or toll free 800/424·9530.

7

REQUESTING AN ADVISORY OPINION

Who may request an ad...isory opinion?

An advisory opinion may be requested by any per

affected by the Federal Election Campaign Act or C

mission Regulations. The request may also be made by 

authorized agent, as long as the agent discloses the 

quester represented. T1 CFR 112.T(aJ:

Must an ad...isory opinion request (AOR) follow any spe

format?

The requester must submit the request in writing. 

request must pertain to the application of the Act or 

Regulations to a specific transaction or activity invol

the requester. Moreover, the request must include a c

plete description of all facts relevant to the specific tr

action or activity. 11 CFR 112.1(b) and (c).

Under what circumstances would a request for Commis

guidance qualify as an AOR?

The request must concern a specific transaction 

activity that the requester plans to undertake or is prese

undertaking and intends to continue in the future. 11 C

112.1 (b). The Commission will also consider requests t

represent the requester's "best efforts" to determine 

legality of contributions accepted on a conditional ba

See 11 CFR l03.3(bl.

When would a request not qualify as an AOR?

A request would not qualify as an AOR if it:

1. Presented a general question of interpretation;

2. Posed a hypothetical situation;

3. Concerned the activities of third parties who were 

represented in the request; or

4. Contained insufficient information. 11 CFR 112.1lb)

Where should the request be sent?

Requests for advisory opinions should be addressed 

the Federal Election Commission, Office of Gen

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

CFR 112.1(e).

When is the requester notified if his/her request does 

qualify as an AOR?

The Office of General Counsel notifies a reque

within ten days of receiving his/her request jf the reque

incomplete (Le, lacks sufficient information) or otherw

does not qualify as an AOR'":

What happens to the request once it has been received 

the FEe?

Each request that qual ifies as an advisory opinion 

contin

• All citations refer to sections of the FEC Regulations. They 

be found in Chapter 11 of the Code of Federal Regulations.
- -------~

quest (AOR) under 11 CFR 112.1 is assigned an AOR

number and is promptly made public at the Commission.

At this time, the full text of the request is placed in the

Commission's Office of Public Records. 11 CFR 112.1 (f)

and 112.2 (a). The AO R is also Iisted in the Commission's

monthly newsletter, the Record.

Are copies of AORs made available to the public?

Yes. Copies of AORs (and any supplements to AORsl

may be reviewed and copied at a cost of five cents per page

in the FEC's Office of Public Records. 11 CF R 1t2.2(b).

Copies may also be obtained by writing to the Commission's Public Records Office. Orders should be accompanied by a check or money order made payable to the

U.S. Treasurer.

May interested parties comment on AORs'made public by

the Commission?

Yes. Written comments on AORs may be addressed tc

the FEC's Office of General Counsel within ten days after

the AOR is made public. (These comments are also made

public.) Commission Regulations require the Commission

to consider all written comments submitted within the

to-day comment period before issuing an advisory opinion.

11 CFR 112.12(e).

Must comments be submitted according to any special

format?

Yes. Comments on AORs should refer to the AOR

number, and statutory references should be to the United

States Code - not to Public Law citations. Written comments should be addressed to the FEC's Office of General

Counsel.

Does the Commission grant extensions for submitting comments?

Yes. The Commission may grant additional time for

written comments. 11 CF R 112.3(bl.

Who actually issues the advisory opinion?

The staff of the Office of General Counsel drafts advisory opinions, which are then presented to the six Commissioners for their consideration in regularly scheduled

open sessions. An advisory opinion IS issued only when it

has been approved by at least four Commissioners. 11 CF R

112.4.

Who may rely on the guidance provided by the advisory

opinion?

As long as they act, in good faith, in accordance with the

advisory opinion, the opinion provides legal protection to

the requester and to any person involved in a specific

activity"... indistinguishable in all its material aspects ..."

from the activity described in the opinion. 11 CFR 112.5

(a)(1) and (2).

What happens to adyisory opinion drafts that are not approyed by the Commislion?

When the Commission is unable to agree on what advice

to give, the General Counsel sends a letter to the requester

with a copy of any drafts considered by the Commission.

8

The letter states that the Commission was unable 

approve an opinion by the required four-vote majority. 

CF R 112.4(a). This letter is then made public in the F E

Public Records Office.

May the Commission reconsider an advisory opinion it h

approved and issued?

Yes. The person who originally asked for the opini

may request reconsideration, provided the request is 

writing and is submitted within 30 days after receiving t

opinion. Alternatively, a Commissioner may initiate reco

sideration within 30 days after the opinion was approve

In either case, the motion to reconsider an opinion mu

be made by a Commissioner who voted with the major

approving the original opinion. If the Commission approv

the motion by a vote of at least four Commissioners, t

original opinion is vacated. Once it completes reconside

tion of the substance of the opinion, the Commission m

approve the original opinion or another one drafted by t

Office of General Counsel. 11 CF R 112.6.

Is there a statutory deadline for issuing an adviso

opinion?

Yes. The Commission must issue an advisory opini

within 60 days of receiving a qualified AOR. If the deadli

falls on a weekend or holiday, the deadline is moved to t

next business day. 11 CFR 112.4(c).

Note: If the Commission cannot agree on an opinion, t

requester must be so notified within the 50.day period. 

CFR 112.4(a}.

Is the deadline for issuing an advisory opinion shorten

. when the request concerns an upcoming election?

Yes. The Commission must issue an advisory opini

within 20 days to candidates, or their authorized co

mittees, who submit an AOR within 60 days before 

election. However, the request must present a specific tran

action or activity related to the election, and that relatio

ship must be explained or be apparent in the request. 

CF R 112.4(b)(1) and (2).

Note: The Commission must meet this deadline only if 

has received a qualified request with complete informatio

Once issued, are advisory opinions made available to t

public?

Yes. All advisorv opinions are summarized in the FE

Record, and copies of opinions (along with any concurri

or dissenting opinions filed by the Commissioners) a

available for review, and purchase, in the FEC's Office 

Public Records. 11 CF R 112.4(9). A cumulative Index 

Adtl;sory Opinions (also available for review and purchas

indexes all FEe opinions by subject and by citation to t

U.S. Code and FEC Regulations. Copies may be ordered 

phone (202/523-4181 or toll free 800/424-9530) or 

writing to the Public Records Office. To facilitate p

chases, which are payable in advance, the Record summa

indicates the length of the opinion.
•

AUDITS RELEASED

TO THE PUBLIC

The Federal Election Campaign Act, as amended (the

Act] gives the Commission authority to audit campaigns of

atl Presidential candidates who receive public funds, and the

campaigns of other political committees. Final audit reports

are available to the press through the Press Office and to

the general public through the Office of Public Records.

The following is a chronological listing of audits released

between December 16, 1980, and January 14, 1981.

•

•

Audit

1. Edmund G. Brown, Jr., Brown for

President (Post-Primary Audit Report)

2. Robert J. Dole, The Dole for President

Committee, Inc. (Post-Primary Audit

Report)

3. John B. Anderson, The Anderson for

President Committee (Post·Primary

Audit Reportl

4. Howard H. Baker, Jr., The Baker

Committee (Post-Primary Audit

Report)

5. Connecticut Democratic Federal

Candidates Committee

6. Communications Workers of AmericaC.O.P. E., Political Contributions

Committee

7. Eugene McCarthy, Com mittee for a

Constitutional Presidency and

McCarthy'76

8. Michigan Republican State Committee

Date Made

Public

12/16/80

12/16/80

12/18/80

12/18/80

12/29/80

.12/29/80

12/29/80

1/14/81

9

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