FEDERAL ELECTION COMMISSION

5 l\1JI1ISORY OPINIOOS

9 PUBLIC APPEAR1lNCES

CWRl' CASES

7 .Akins v. FEC

7 New Litigation

2 <rftPl1IER RESOURCES: AOs and Court Cases

4 REnJLM')Um: Repeal of Honorarium Rules

1 PAm;Y ACTIVITIES: 1992 Spending Limits

1 a:m'ERSNCES

23 INDEX

REPORTS

8 April Reporting

10 PACs and Parties: Presidential Primaries

PUBLIC roND~

14 1992 &ntitlements and spendin9 Limits

15 January, February Matching Fund payments

16 1992 Compliance Manual Available

16 Revised Magnetic Media Requirements

16 F'EDERAL- RmISTER MJ'l'ICES

STATIS'l"I:CS

16 Year-End PAC Count

17 Graphs Covering 1990 Cycle

19 <DlPLIANCE: MtJRs Released

800 LINE

12 Compliance with Election Laws outside

FEe's Jurisdiction

999 EStreet NW

PARTY ',AC'rIVITIES

March 1992

-CONFERENCES

FEe '10 BJLD IN IDS A!'IZL£S~

ORLANDO AND~. DC

The FEe is planning to hold three

conferences in upcoming months:

o california Regional Conference, Los

Angeles, March 23-24;

o Florida Regional Conference, Orlando,

April 30-May 1; and

o Washington, DC, Corporate/Labor Conference, May 21-22.

call the FEe to place your name on a

mailing list to receive an invitation to

1992 0XllIDINM"EO PAR'lY EXPENDI'lURE r.no:TS

The 1992 limits on coordinated party

expenditures are now available. party

committees may make these special expenditures on behalf of 1992 general election

candidates. Coordinated party expenditure

linUts are separate from the contribution

Bmits• Coordinated party expenditures

also differ from contributions in that the

party committee must spend the funds on

behalf of the candidate rather than giving

the money directly. Although these expenditures may be made in consultation with the

candidate, only the party comrnittee making

the expenditures-not the candidate committee--must report them. (Coordinated party

expenditures are reported on tine 25 of FEe

Frlrm 3X and itemized on Schedule F, regardless of amount.)

The tables on pages 3 and 4 provide info~mation on 1992 coordinated party

expendi tures. Table 1 shows which party

coImnittees have authority to make coordinated party expenditures on behalf of presidential and congressional nominees. Table

2 shows the 1992 party expenditure limits

and the formulas used to calculate them.

Table 3 lists the state-by-state expenditure limits for 1992 senate nominees.

(continued, page 3)

Washington DC 20463 Volume 18, Number3

--------~----- anyone of these conferences (800/424-9530

or 202;219-3420). Invitations include

registration forms and schedules of workshops. 'l'hose planning to attend the California conference should call right away.

Each of the conferences lasts one and

one-half days, ending after the morning

workshops on the second day.

(continued, page 2)

•
March 1992 FEDERAL ELECTION COMMISSION

california Conference

The conference will be held at the

Sheraton Plaza La Reina Botel (near the

airport). 6101 West Century Boulevard. Los

Angeles. Call 310/642-1111 for room reservations. To receive the group rate of $79

per night, notify the hotel that you will

be attending the FEe conference.

The $100 conference fee covers the cost

of the conference, materials, meals (continental breakfast and lunch) and a reception. The registration form (with fee

enclosed) must be postmarked by March 9 to

avoid a $10 late fee.

This conference will offer assistance

to House and senate candidates, political

party organizations, and corporations and

labor or9anizations and their PACs. It

will feature an introduction to the

campaign finance law as well as workshops

on fundraising, candidate support,

repoIting, and allocation of federal and

nonfederal activity. Moreover, representatives from the Internal Revenue Service and the California Fair political

pr;,;ctices Commission will be available to

answer questions.

Florida Conference

This conference will follow the format

of the California conference. Consult next

month's issue for more information.

washington, DC, Conference for Corporations

and Labor organizations

This conference will focus on the

campaign finance law's requirements for

corporations, labor organizations and their

PACs. More information will appear in

future issues.

Volume 18,Number 3

COMPUTER RESOURCES

DlEECT CI1'IE'UI'ER ACCESS 'ID .ADS AND

COORT Cl\SES

Subscribers to the Commission's Direct

Access Progrcun (DAP) may now access FEe advisory opinions (AOs) and court case SUll'tmaries. These are recent additions to the

OAF service, 'Which continues to offer online access to campaign finance data in a

variety of formats. DI\P subscribers access

the information through personal computers

and modems.

The complete text of all ADs issued

since 1975 is now available on-line, as are

the court cases s~ries that appear in

Selected Court: Case Abstracts. 'ltlat publication contains Record summaries of si9Oificant court suits concerning the federal

campal90 fi.nance law.

Using a key word or phrase, subscribers

can identify all advisory opinions in which

the word or phrase occurs. The user can

then print the full text of the AOs or the

list of cited ADs. A similar search program is available for the court case Sumb

maries. However, to use either of ~e

search programs, subscribers wst be able

to set modem software to some form of VT

emulation (e.g., VT100 or VT10l), as opposed to '1TY or other options available in

the terminal settings portion of the software program.

The cost of the Data Access Program is

$25 per hour, with no additional sign-up

fees. For more information, call Phyliss

Stewart-Thompson, Data Systems Development

Division, 000/424-9530 or 202/219-3730.

Federal Election CoIUission, 999 E Street, lfi, washingtm, OC 20463 800/424~9530 202/219-3420 202/219-3336 (TOD)

Joan D. Aikens, Chairman

Scott E. Thomas, Vice Chairman

Lee Arm Elliott

Danny L. McDonald

John warren McGarry

Trevor Potter

walter J. Stewart, Secretary of the Senate,

Ex Officio Commissioner

Donnald K. Alderson, Clerk of the HOUSe of

Bepresentatlves, Ex Officio Comaissioner 
March 1992 FEDERAL ELECTrON COMMISSION Volume 18, Number 3

"mBLB 1: Al7lB)JU'I'Y '10 MAKE COClIDINI\.'1'fD PARlY EKPmDI'lmES

Expendi.tures on Behalf of:

Presidential Naninee House and Senate Nominees,!/

National Party CoDDittee Yes. (Only national party Yes, has authority to make

committee has authority to make expenditures on behalf of

Presidential expendi.tures.) each nominee; House and

Senate campaign committees

share national committee's

limits.

State party CClaIDittee No authordtyr may make expend- Yes, has authority to make

itures against national expenditures on behalf of

committee's limit only with each nominee seeking election

prior written authorization of in state.

national committee'21

Local party Collmittee No authority; may make expend- No authority~ may make expend

itures against national itures against national or

committee'S limit only with state committee's limits only

prior written authorization of with prior written authorizanational committee.y tion of conmittee.~/

1Also applies to expenditures on behalf of Delegate and Resident Commissioner nominees.

2A prior written authorization should specify the amount the party commdttee may spend.

TABLE 2: 1992 COOODINMBD PAR'I'Y EXPmDI'IDRE LIJUTS

COLA means cost-af-living adjustrnent~/ and VAP means voting age population.

Presidential NcDinee

senate Nallinee

House Nominee in States with

Only One Representative

House NaDinee in other States

Amount

$10,331,703

See table 3

$55,240

$27,620

Fotm.l1a

2 cents x national VAP~/ x COLA

The greater of: $20,000 x COLA or

2 cents x state VAP x COLA

$20,000 x COLA

$10,000 x COLA

(Table 3 follows)

Ncminee for Delegate or

Resident Commissioner~/ $27,620 $10,000 x COLA

1The 1991 COLA-the fi9Ure used to determine the 1992 party expenditure limits-was 2.762.

This figure is unofficial in that it has not yet been certified by the Secretary of Labor.

Committees may nevertheless rely on the limits listed in this table. In the unlikely event

that the certified COLA differs from the 2.762 figure, revised limits will be published in

the April Record.

2The 1991 national voting age population was 187,033,000.

3The District of Columbia, Guam and the Virgin Islands elect Delegates1 Puerto Rico elects

a Resident Commissioner.

3
March 1992 FEDERALELECTION COMMISStON Volume 18, Number3

TABLE 3: 1992 COOBDINATED PARTY EXPJR)I-

'lURE LDII'l'S FOB SFlWrE lUIINE&'S

""In these states, the Senate limit also

applies to the House nominee.

lNumbers rounded to nearest dollar. see

also footnote I, Table 2 (page 3).

State

Alabama

"'Alaska

Arizona

Arkansas

California

Colorado

Connecticut

*DelaWare

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

M.innesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Harnpshir-e

New Jersey

New Mexico

New York

North carolina

*North Dakota

ohio

Oklahoma

Oregon

pennsylvania

Rhode Island

South Carolina

"'South Dakota

Tennessee

Texas

Utah

ItVermont

Virginia

Wash~ngton

West ViI:"9inia

Wisconsin

*Wyoming

Votin9 Age

Population

3,018,000

391,000

2,740,000

1,746,000

22,218,000

2,493,000

2,527,000

512,000

10,280,000

4,848,000

846,000

721,000

6,545,000

4,144,000

2,069,000

1,822,000

2,754,000

3,018,000

924,000

3,659,000

4,622,000

6,884,000

3,243,000

1,841,000

3,818,000

585,000

1,158,000

962,000

824,000

5,919,000

1,089,000

13,691 ,000

5,094,000

461,000

8,120,000

2,330,000

2,174,000

9,132,000

774,000

2,622,000

503,000

3,723,000

12,380,000

1,128,000

422,000

4,748,000

3,703,000

1,364,000

3,644,000

323,000

1991

Limit!/

$166,714

$55,240

$151,358

$96/449

$1,227,322

$137/713

$139,591

$55,240

$567,867

$267,804

$55,240

$55,240

$412,026

$228,915

$114,292

$100,647

$152,131

$166,114

$55,240

$202,123

$255,319

$380,272

$179,143

$101,697

$210,906

$55,240

$63,968

$55,240

$55,240

$32.6,966

$60,156

$756,291

$281,393

$55,240

$448,549

$128,709

$120,092

$504,452

$55,240

$144,839

$55,240

$205,659

$683,871

$62,311

$55,240

$262,280

$204,554

$75,347

$201,295

$55,240

4

REPEAL OF R!GJLATIms 00' BCNJRARIA

The Commission recently repealed all

FEe regulations on honoraria to reflect the

legislative repeal of 2 U.S.C. §441i, which

had applied to the acceptance of honoraria.

Section 441i was repealed in August 1991.

The repealed regulations were 11 eFR 110.12

and two provisions that contained references to section 110.12 (11 eFR 100.7(b)

{19} and 114.1{a}(2)(iv). Because these

amendments were technical in nature, they

became effective upon their publication in

the Federal Register on January 15, 1992

(57 FR 1640) •

The 1976 amendments to the Federal

Election campaign Act gave the Commission

jurisdiction over the acceptance of honoraria bY all federal officeholders and

employees. However, the Ethics Reform Act

of 19891/ amended section 441i to apply

only to-U.S. Senators and Senate officers

and employees; all other federal officers

and employees-inclucIin9 Members of the

U.s. House of Representatives--were prohibited from accepting honoraria. That amendment became effective January 1, 1991.

In 1991, the Legislative Branch Appropriations Act2/ extended the prohibition on

honoraria to the Senate and repealed section 441i. This legislation thus ended the

Commission'S jurisdiction over honoraria

transactions of federal officers and e~

ployees taking place after August 14, 1991,

the effective date of the law.1/

Isection 601, Public Law No. 101-194, 103

stat. 1716.

2sections 6(d) and 6(£)(1), Public Law No.

102-90, 105 Stat. 447 (1991).

3The Commission's jurisdiction ove r honoraria transactions occurring before August

14, 1991, remain5 intact. FEe v. wright,

NO. 4-91-0542-A, slip op. at 13 (N.D. Te~.

Nov. 12, 1991).
March 1992 FEDERALELECTION COMMISSION

ADVISORY OPINIONS

ADVISORY OPINUN ~TS

Recent requests for advisQ~ opinions

(AORS) are listed below. The full text of

each AOR is available for review and comment in the FEe's Public Records Office.

1IOR 1992-5

Incumbent candidate's participation in

cable television public affairs programs.

(Date Made Public; January 24, 19ni

Length: 3 pages)

AOR 1992--6

Ptesidential candidate's paid speaking

engagement at university. (Date Made

Public: J':lnuary 28, 1992; Length: 4

pages)

NJR 1992-7

Corporate PAC's solicitation of franchisees

and their executive and administrative personnel. (Date Made Publ~c I Februa ry 11,

1992; Length: 15 pages plus attachments)

AL'l'EANM'E DISPOSITI<»l OF ADVISORY OPINICIf

mnJES'l'

NJR 1991-40: Use of Candidate's in

Special project of Joint

FuOO,raising Coomittee

On February 6, 1992, the Commission failed

to approve an advisory opinion by the required four votes. See Agenda Documents

92-19 and 92-1~.

1JD 1991-36: Corporation's payment of ElDployee~s Travel EXpenses to

AtteJxl Party Ftmdraiser

While Boeing PAC, the Boeing Company~s

separate segregated fund, intends to pay

the fee for a Boeing representative to

attend a fundraise~ sponso~ed by the ~mocratic Congressional Campaign Committee,

the Company may use its treasury funds to

pay the employee's travel and lodging expenses, since those costs may be viewed as

an administrative ~xpense of Boeing PAC.

As an exception to the ban on corporate

contributions and expenditures, the Federal

Election Campaign Act permits a corporation

to use its treasury funds to establish, administer and solicit contributions to its

separate segregated fund (SSF). 2 U.S.C.

§441b(b) (2) (C).

5

Volume 18, Number 3

with respect to travel expenses, ADs

1978-13 and 1980-50 said that a corporation

could pay, as an administrative expense,

the costs of employee travel to attend

events sponsored by the corporation's SSF.

In Boeing's situation, the travel is to a

fundraising event; sponsored by another

political committee to whom Boeing PAC

plans to made a contribution (by paying the

attendance fee). Nevertheless, the travel

costs arising from Boeing PAC's participation in the fundraiser may be viewed as an

administrative expense, payable with Company treasury funds. (Date Issued:

January 10, 1992i Length 3 pages)

NJ 1991-37: Nonconnected PAC's payment to

Incorporated Firm. for Shared

Facilities and services

Contributed to Catmittees

The Democratic Election Reporting Education

Fund (DEREF), a political committee, was

or9anized and initially funded by the president of an incorporated accounting firm

and four other individuals. DEREF may

share office facilities with the finn (Campaign Financial Consultants or CFC) and

purchase CFC services to provide in-kind

accounting and compliance services to federal candidates and committees. Based on

facts presented in the advisory opinion

request, DEREF is considered a nonconnected

committee rather than a seperate segregated

fund of CFe. Because CFC is not the com--

mittee's connected organization, DEREF does

not have to pay the finn in advance for inkind services contributed to committees.

The value of the in-kind contributions may

vary, depending on whether DEREF purchases

them from CFC or whether, unde r an alternative plan, OEREF acts as a dual-employer of

ere personnel. Finally, the presence of

any candidates on OEREF~s honorary board

may result in contributions, depending on

the circumstances.

Nonconnected coumi.ttee status

Even though DEREF plans to share CFC

office facilities and use ere services to

make in-kind contributions, the committee

will pay its own expenses rather than

receive financial support from eFC. Moreover, four of the five individuals who

founded and provided initial funding to

DE:REF were not associated with CFC. Given

these circumstances, CFC is not the connected organization of DEREF, and DEREF is

a nonconnected connnittee rather than a

separate segregated fund. See 2 U.S.C.

§431(7); 11 CFR 100.6(a); see also ADs

1984-12 and 1982-63.

(continued)
March 1992 FEDERAL ELECllON COMMISSION

Office Facilities

DEREF may maintain a separate office

or, under a second alternative, share an

office with eFt and pay a portion of office

expenses. Under this second alternative,

photocopying charges would be based on the

number of pages copied. Telephone charges

would be based on a combination of actual

long-distance charges and the base monthly

charge allocated on the basis of staff time

spent on DEREF activities to total staff

time. Other overhead expensesI such as

rent and utilities, would be allocated on

the same percentage basis. These proposed

allocation methods are consistent with N)

1977-12.

DEREF', however, would have to pay its

full allocated share of office expenses

within a commercially reasonable time. See

11 eFR 114.9(d}. Insufficient or late payment could lead to the conclusion that CFC

was DEREF's connected organization (through

its financial maintenance of DEREF) and

that the committee was a separate segregated fund. see 11 CFR 114.5(g)(1); see

also NJ 1984-12.

payment to CFC for services Contributed

to candidates

ere may bill DEREF for services provided as in-kind contributions to committees and later receive payment from DEREF.

DEREF is not required to make advance payment to ere because the firm is not the

connected organization of DEREF. (Compare

with AD 1984-37, wherein the separate segregated fund of a corporation was required

to pay in advance for the use of the corporation'S employees to provide in-kind services to candidates. That conclusion

stemmed from the unique relationship between a separate segregated fund and its

connected organization.)

Although CFC, as a commercial vendor,

may extend credit to DEREF, the credit must

be extended in CFe's ordinary course of

business with terms substantially the same

as those applied to similar amounts of

credit extended to nonpolitical debtors of

similar risk. This is necessary to avoid

naking a prohibited contribution to DEREF.

11 CFR 100.7(a)(4) and 116.3(b). Additionally, CFC must charge its usual and normal

fee for the services (see below). 11 crn

lOO.7(a)(1)(iii)(A).

Valuation of In-Kind services

If CFC acts as a vendor, the usual and

normal charge for its services would be the

same as the hourly rate it charges other

customers. 11 crn 100.7(a)(l)(i)(B). The

value of DEREF's in-kind contributions

would equal CFG's charges.

6

Volume 18, Number 3

If DEREF chooses a dual~mployment arrangement in providing services to coromittees, the in-kind contributions could equal

the pro rata share of employee salaries

based on the number of hours spent on inkind services. The salary rate, although

much lower than CFe's commercial rate,

would be a permissible valuation under the

dual-employment method because DEREF would

not be operating as a commercial vendor to

recrpient committees. The salary rate

would have to be the usual rate paid to the

e1llployee for the type of services performed. Furthermore, DEREF would have to

include as part of each in-kind ccntrIbution the pro rata share of fringe benefits

for each employee who provided services and

an appropriate charge for the facilities

used for a particular committee. See AD

1984-37 and 11 eFR 114.9{d). If it wishes

to, however, OEREF could value in-kind

services at the higher commercial rate.

Travel Related to In-Kind services

COmmittees benefiting from cre services

may pay for related travel, lodging and

meal expenses incurred by DEREF or cre personnel and still receive the services as

in-kind contributions from DEREF. OEREF

also suggested that employees themselves

initially pay travel-related expenses from

their own pocket, with reilllbursement by

DEREF. The opinion did not address whether

such payments would constitute in-kind contributions from the employees because DEREF

did not fully explain the circumstances

under which this activity would occur.

Honorary Advisory Board

The presence of a candidate on DEREF's

advisory board, or the appearance of the

candidate's name in DEREF's letterhead or

literature, raises the possibility of an

in-kind contribution either to or from the

candidate. (See ADs 1985-38 and 1983-12.)

DEREF, however, has stated that board

members will not influence the choice of

recipients for committee contributions.

That fact plus two other factors would tend

to negate the conclusion that a contribution would result from the presence of any

candidates on DEREF's board: (1) the candidates will not be involved in DEREF's

operations and (2) DEREF will make no reference to their candidacies.

(Date Issuad: January 17, 1992;

Length: 8 pages)

NJ 1991-38: Repayment of &abezzled Funds

to Candidate Cc:mnittee

A court-ordered repayment of embezzled

funds to Senator Dennis neconctndrs
FEDERAL ELECTION COMMISSION

•

•

•

March 1992

previous campaign committee (DeConcini '88)

is reportable on Schedule D as a debt owed

to the committee. 2 u.s.c, S434(b)(8);

11 erR l04.3(d) ~nd 104.11. Payments to

extinguish the debt must be itemized as

"other receiptsl1 on Schedule A, with a note

explaining the nature of the receipt to

show that the funds are not subject to the

contribution limits. 11 ern l04.3(a){3) (x)

and (4)(vi). DeCoooini '88 may transfer

the debt, which is an account receivable,

to Senator DeConcini's current committee

(DeConcini ' 94) •

A $500,000 embe~zlement by a former

treasurer left DeConcini ' 88 approximately

$60,000 in debt. Following the Commission's advice in AD 1989-10 (issued in JUly

1989), the committee held a fundraiser to

retlre the debt. Now, a district court has

required the former treasurer to repay the

funds. The amount owed is considered an

account receivable of DeConcini '88, reportable as a debt owed to the cornmittee

until extinguished. . The debt may be transferred to the

DeConcini '94 under 11 CFR ll0.3(c)(4),

which permits the transfer of unlimited

funds between a candidate's previous and

current c~ign committees (unless the

candidate is a candidate for more than one

federal office or the transfer contains impermissible funds). '!'he rollover of the

debt should be disclosed on Schedule D by

both cornmi ttees.

The fomer treasurer, who is making

restitution, may not act as a conduit for

funds from prohibited sources or for contributions made in the name of another

(which ~re prohibited under 2 U.S.C.

S44lf). (Date Issued: January 17, 1992;

Length: 3 pages)

COURT CASES

AKINS v , FEe

On January 21, 1991, with the consent

of all parties, the U.S. District Court for

the District of Columbia remanded the case

to the FEC and ordered the agency to make a

final determination on plaintiffs' administrative complaint by May 29, 1992. (Civil

Action No. 91-2831.)

The court then dismdssed the case from

the court dockets but allowed plaintiffs to

apply for the case to be reinstated after

May 29, 1992. If they do not apply by June

29. however, the court will dismiss the

case with prejudice.

7

Volume 18, Number 3

Mr. Akins and five other individuals

had originally asked the court to: declare

that the FEe's failu~e to act on their c0mplaint within 120 days was contrary to law

pursuant to 2 U.S.C. §437g{aH8){C~; and

order the agency to take action within 30

days.

REH LITIGM'ICN

Trinsey v. FEC, et al.

John H. Trinsey, Jr., who is on the New

Hampshire ballot as a 1992 Republican·Presidential candidate, brings suit against the

FEC, 49 of the 50 states (all states except ~ew Hampshire), the District of Columbia

and Guam. He seeks a declaration that the

ballot access laws in South Dakota (where

he alleges he was denied access to th~

Presidential primary ballot) and in the

other ~d jurisdictions a~e unconstitutional. Be asks the court to issue restraining orders and injunctions to prevent

the jurisdictions from holding 1992 Presidential primary elections. Mr. Trinsey

also asks the court for a restraining order

and an injunction to suspend payment of

matching funds to 1992 candidates until he

is permitted to gain access to the ballots

in the jurisdictions.

u.s. District Court for the Eastern

District of pennsylvania, Civil Action No.

91-8041, December 31, 1991.

Freedom Republicans, Inc. v, FEe

The Freedom Republicans, Inc., and its

president, Lugenia Gordon, allege that the

Republican Party's delegate selection rules

result in the underrepresentation of Af~ican Americans and other ethnic minorities

in the party's national nominating convention. Based on this allegation, plaintiffs

claim that the selection procedure for the

Party's 1992 convention is in violation of

Title VI of the Civil Rights Act of 1986,

42 U.S.C. §2000d, which bars racial and

ethnic discrimination in any program receiving federal funding. Plaintiffs further claim that the FEe, as the agency

responsible for certifying public funds, is

also responsible for ensuring that the convention funding program complies with 'ritle

VI. plaintiffs had included these allegations in an administrative complaint that

was dismissed by the FEe for lack of jurisdiction.

Plaintiffs therefore ask that the court

order the FEe to:

o Accept jurisdiction over the administrative complaint;

(continued)
PUBLIC APPEARANCES

March 1992 FEDERAL ELECTION COMMISSION

a Adopt regulations to irrplement Title VI

of the Civil Rights Act with respect to

convention funding I

o prohibit the National Republican Committee from spending the federal funds it

has received for the 1992 convention

until it has complied with Title VI; and

o If it fails to comply, recover federal

funds in the Cowmittee's possession.

U.S. District Court for the District of

Columbia, civil Action No. 92-0153, January

17, 1992,

Ccmnon cause v. FEe' (92-0249)

Common cause asks the court to: declare that the FEC's failure to act on an

aOministrative complaint within 120 days is

contrary to law pursuant to 2 U.S.C. §437g

(a)(8)(C); and order the agency to take

action within 30 days.

Plaintiff claims that the FEe has

failed to take required action on an administrative complaint Common Cause had filed

with the agency on November 1, 1990. In

that complaint, Common Cause had alleged

that seven individuals had each violated

2 U.S.C. §441a(a)(3) by making contributions in excess of the $25,000 calendaryear limit on aggregate contributions.

U.S. District Court for the District of

Col\l1\'tbia, Civil Action NO. 92-0249, January

28, 1992.

aceeetcct v , FEe

Eugene Branstool, chairman of the Ohio

Democratic Party, and five other plaintiffS

ask the court to (l) find that the FEe's

decision to take no action on their adnUnistrative complaint was contrary to law and

(2) order the FEC to act on the allegations

contained in the complaint.

The administrative complaint was filed

by the former chairmen of the Ohio Democratic Party and the alack Elected Democrats of Ohio on behalf of their respective

committees. lThe former and current chairmen and the two committees are plaintiffs

in the court suit.) The complaint (MUR

3069) alleged that independent expendi tures

made by the National Security political

Action cou:cmi.ttee to advocate the defeat of

198B Presidential nondnee Michael Dukakis

were actually coordinated with agents of

the Bush-Quayle 'BS campaign. As a result,

plaintiffs claim, the expenditures were not

independent but instead constituted excessive and unlawful contributions to the

Bush--Quayle '88 campaign.

U.S. District Court for the District of

Columbia, Civil Action No. 92-0284, January

31, 1992.

6

Volume 1B, Number 3

3/4 D.C. Bar Association

Washington, DC

Lawrence M. Noble, General

Counsel

3;20-22 Center for the study of the

Presidency

Washington, DC

Commissioner Lee Ann Elliott

3;26-27 practising Law Institute

Washington, DC

Lawrence M. Noble, General

Counsel

4;1 Close Up Foundation

Washington, DC

Chairman Joan D. Aikens

4/4 The Society of Professional

Journalists

Alexandria, Virginia

Kent C. Cooper, Assistant

Staff Director, Public

Disclosure Division

Counsel

REPORTS

l\PR[L REl'ORTIl«i

comndttees filing on a quarterly basis

mst file their first quarter report by

April 15. Those filing on a monthly schedule must file their report by April 20.

The table on page 9 explains which reports your committee must file. 'rhe tables

on page 10 list 1992 reporting due dates

starting with April (not included are preprimary and pre-runoff dates; see Index to

this issue).

For more complete information on 1992

reporting, see the January issue or order

the 1992 reporting handout (call 800/424-

9530 or 202/219-3420).
•

Bequi["ed Reports

March 1992

GJIDE ro 1992 REPOR'I'Dl3

FEDERAL ELECTION COMMISSION Volume 18, Number3

•

•

semi- Quar- Pre- 1 Pre- PoStType of Filer annual terly _thly Primary """"'al General

House and Senate eantpaigns .r .r .r .r

of 1992 Candidates required only if candidate

runs in election

other Rouse and Senate .r

Campaigns

1992 Presidential Campaigns .r .r .r

Anticipating Activity of filed in lieu of

$100,000 or Above Nov. and Dec.

monthly reports

if candidate runs

in gen'1 election

1992 Presidential CanQ?aigns .r r .r .r

With Activity Less Than required only if candidate

$100,000 runs in election

Other Presidential Campaigns2 .f--or-----/

PACs and Party Committees .r .r .r

Filing: Monthly filed in lieu of

Nov. & Dec.

monthly reports

PACs and party 3Commitl:ees .f .f .f .f

Filing Quarterly required only if require

committee makes regardcontributions or less of

ex.penditures in activit

connection with

election during4 report period

(more reporting tables follow

lcategory also includes pre-convention and pre-runoff reports.

2presidential commdttees in this category that wish to change their filing frequency during

1992 should notify the commdssion in writing.

3pACS and party committees that filed on a semiannual basis in 1991 file on Ell quarterly

basis in 1992. To avoid the need to file pre-primary and pre-runoff reports, these

committees may change to monthly filing if they first notify the Commission in writing.

Committees may change filing frequency only once a year. 11 CPR 104.5(c).

4see article on pre-election reporting, page 10.

9
March 1992 FEDERAL ELECTION COMMISSrON Volume 18,Number 3

1992 ~yREFOln'S

1992 IDmILY IU!POR'l'S

Close of Books Filing Date1

PACS .Nm PAR'IY CCIIn'M'EES: PRE-ELECTIQI

RE1'()R'1']l\I3 FOR PRESIDENTIAL PRIMARIES

PACs and party comnittees filing on a

quarterly basis in 1992 may have to file

pre-primary reports if they make a contribution or expenditure in connection with a

House. Senate or Presidential primary election.1/ The pre-primary reporting requirement Is triggered if the contribution or

expenditure is made during the applicable

reporting period for a primary. 11 eFR

l04.5(c)(1)(ii). A reporting period begins

the day after the close of books for the

last report filed and continues through the

close of books for the pre-election report.

pre-pcimary Reporting Dates

1 The reporting dates for House and

Senate primaries were published in the

Jcmuary issue. The February issue listed

reporting dates for the February and March

Presidential primaries, and the dates for

the remaining Presidential primaries appear

on the opposite page.

Please note that Presidential caucuses

and conventions held by major political

parties at the state or local level are not

considered "elections" for reporting purposes. 11 eFR 100.2(e). Therefore, preprimary reports are not required. AO

1979-71.

April 15

July 15

october 15

Jan. 31, '93

Filing Datel

April 20

May 20

June 20

July 20

August 20

September 20

October 20

OCtober 22

December 3

Jan. 31, '93

March 31

June 30

september 30

Dece:rober 31

Period Covered

March 1-31

April 1-30

May 1-31

June 1-30

July 1-31

August 1-31

September 1-30

OCt. i-eee. 14

Oct. IS-Nov. 23

Nov. 24-Dec. 31

Report

1st Quarter

2nd Quarter

3rd Quarter

Year-End

Report

March

April

May

June

July

August

September 2

Pre-Genetal

Post~neral

Year-End

PRE- AND POST-ELECTI<N REfORTS FOR

l«)VDtBER 3 GJ!iNEllAL ELECTICN

Close of Books Filing Date1 Report

pre--Genera12

Post--General

October 14

N:Jvernber 23

October 22

December 3

Changing the Filinq schedule

PACs and party cmmUttees filing on a

quarterly schedule may change to a mnthly

s~hedule in order to avoid having t.o file

pre-convention. pre-primary and pre-runoff

reports. The conmittee must first notify

the Commission in writing. The notification should accompany a report filed under

the committee's current reporting schedule.

A cOllllllittee may change its filing frequency

only once a year. 11 eFR l04.S(c). See

the I1lOnthly rep::lrting table, opposite

column.

lReports sent by registered or certified

mail m<lst be postmarked by the filing date

(except in the case of the pre-general

election report; See £oot~ote 2). ~eports

sent by other means must be recaived by the

filing date. 11 eFR l04.5(e}.

21£ sent by re9istered or certified mail,

the pre-general must be postmarked by

OCtober 19.

lA PAC or party committee filing on a quarterly basis may also have to file a pregeneral election report and must file a

post-genera1 report. 11 CFR l04.5(ct(1)

(if) and (iii). See the "Guide to 1992

Reportin9" table on page 9.

10
March 1992 FEDERAL ELECTION COMMISSION Volume 18, Number 3

,

• APRIL, MAY AND JtH!: PRPSIDENl'IAL PRIMARIES:

PRE-PlUJIW\Y BEPClR'I'IOO: MTES fOR PACS AND PARTY CCft1I'r1'EES FILm:; ~y

election Day state or Territory Close of Books!/ Reg.ICe<t. 2/

Mailing Date- Filing Dat~

April 7 Kansas March 18 March 23 March 26

Minnesota

New York

Wisconsin

April 28 Pennsylvania April 8 April 13 April 16

May 5 District of Columbia April 15 April 20 April 23

Indiana

North Carolina

Ohio

May 12 Nebraska April 22 April 27 1\pril 30

West Virginia

May 19 Oregoo April 29 May 4 May 7

Washington

May 26 Arkansas May 6 May 11 May 14

Idaho

Kentucky

• June 2 Alabama May 13 May 18 May 21

California

Montana

New Jersey New !'texico

June 9 North Dakota May 20 May 2~/ May 28

•

IThis date indicates the end of the reporting period. A reporting period always begins the

day after the closing date of the last report filed.

2Reports sent by registered or certified mail must be postmarked by the mailing date.

Otherwise, they must be received by the filing date.

~ote that the last day for a registered/certi fied postmark is a federal holidayI when post

offices are closed. The report should therefore be postmarked before that date.

11
FEDERAL ELECTION COMMISSION

-

March m92

800 LINE

-CCMPLIANCE WI'l'B IAWS <XJTSIDE FEe' 5

JURISDICTICW

The FEe admdnisters and enforces the

federal campaign finance law. But there

are other laws related to federal elections

and political activity that are not under

the FEe's jurisdiction. As an information

service, this article refers readers to the

agencies responsible for administering

those laws.

Ballot Access

State laws and procedures govern how

federal candidates come to appear on election ballots. (Filing a statement of Candidacy on FEe Form 2 does not qualify a

candidate for the ballot.) For information

on obtaining ballot access, candidates

should contact their state election Office.

To order an FEe handout listing addresses

and telephone numbers of state election

offices, call 800/424-9530 or 202/219-3420.

The FEC's Clearinghouse on Election

Administration has published a reference

guide to each state's ballot access laws

for U.S. House, Senate and Presidential

candidates as well as political party committees. For more info~tion, see "Clearinghouse Publications, II page 13.

Personal Financial Reports Filed by

candidates

The Ethics in Gover~nt Act, as ~nded, requires candidates for federal

office to file reports on their personal

finances (as distinct from campaign finance

reports). This obligation applies only to

individuals who have met the definition of

"candidate" under the Federal Election

Campaign Act.

under that definition, candidate status

is triggered when an individual and persons

authorized to conduct campaign activity on

his or her behalf receive over $5,000 in

contributions or make over $5,000 in expenditures. 2 U.S.C. §43l(2); sea also

11 eFR 100.3(al.

A personal financial report must; be

filed within 30 days after the individual

becomes a "candidate" or by May 15 of that

year, whichever is later, but in no event

later than 30 days before the primary election.1/ Candidates should contact the

lOr whichever election (or caucus) is the

first in which the candidate participates

after exceeding the $5,000 threshold.

12

Volume 18, Number 3

appropriate office listed below, which can

provide further infoO'lation on forms and

filing requirements.

o Bouse C8ndidates~ Bouse Committee on

standards of Official Conduct, The

capitol, ROOm HT-2, Washington, IX:: 20515

(202;225-7103) .

o senate candidates: Senate Select Comnittee on Ethics, 220 Hart Senate Office

Building, Washington, DC 20510

( 202;224-29811.

o Presidential and Vice Presidential

candidates: U.S. Office of Government

Ethics, 1201 New York Avenue, W, Suite

500, Washington, DC 20005 (202/523-5757).

Individuals who voluntarily register as

House or Senate candidates without exceeding the $5,000 threshold should notify the

appropriate Ethics committee of the voluntary registration. Otherwise, they could

receive notices of their failure to file

personal financial statements.

Bouse and senate Rules

The U.S. House of Representatives and

the U.S. Senate each have rules regulating

activity of incumbent Representatives and

Senators. Contact the House and Senate

commdttees listed above for information.

Federal Tall: Laws

All political corondttees of whatever

type--candidate, party or political action

commdttees--must comply with federal tax

laws, which are interpreted and applied by

the Internal Revenue Service. Listed below

are three areas of concern to political

committees.

Taxpayer ID tlmber. Before opening a

bank account, a committee must have a taxpayer identification number. The corrauittee

should apply for an "employer identification number," even if the cOJllIllittee has no

paid staff. To obtain a number, a cotllltlittee should order Form SS-4 (call 1-800~­

FORM) . The form provides instructions on

how to phone in the required' information so

that the committee may immediately receive

an assigned number.

Tax Obligations. Political organizations do not pay taxes on amounts received

as contributions. A committee may nevertheless have to pay taxes on:

o "Business income" such as dividends or

interest earned on invested funds; and

o Committee funds spent for nonpolitical

purposes. Note that the IRS may consider

spending as nonpolitical even if the

expenditures are permissible under the

Federal Election campaign Act and House

and Senate rules.
FEDERAL ELECTION COMMISSION

•

•

•

March 1992

Only committees with a tax obligatipn

are required to file an annual tax return

on Form H20-POL.

The IRS Exempt Organizations Technical

Division can provide further information.

The address is: 1111 Constitution Avenue,

NW, Washington, DC 20224 (Attn: E:EO).

Phone calls may directed to either Jack

Reilly (202/566-4050) or Dave Jones

(202/566-3272) ,

IRS Disclaimer Notice. Under the

Internal Revenue Code, political committees

whose gro~s annual receipts normally exceed

$100,000 must carry a disclaimer on solicitations. The disclaimer notifies donors

that their contributions are not tax deductible. There are substantial penalties

for failure to comply with this provision.

Committees should contact the IRS Exempt

Organizations Technical Division (see

,above) for more complete information.

State Tax Laws

committees should also contact the

appropriate state agenay for information on

compliance with state tax laws.

CCIlIIlBlications Act

The Federal Communications Co~ssion

(FCC) is the agency responsible for administering the laws on cable, broadcasts and

900-line communications.

Broadcast Ads. The FCC's Fairness/

political Prograndng Branch is the office

to contact for information on the rules

governing political broadcasts. Among the

subject areas the office regulates are the

fairness doctrine, equal opportunity rules,

sponsor identification notices and rates

for purchasing airtime for political ads.

Call or write the Fairness/political Programing Branch, Federal Communications

Commission, 2025 M street, NW, Room 8202,

Washington, DC 20554 (202/632-7586).

gOD-Line Telephone Messages. eor

in£o~tion on regulations related to 900-

line messages, including the required preamble, contact the Common Carrier Bureau,

Enforcement Division, Federal Communications Commission, 2025 M Street, I\W,

Washington, DC 20554 (202/632-7553).

HatCh Act

The Hatch Act bars certain partisan

political activities by most federal

government employees and by ceccarn state

and local government employees. Contact

the Office of Special Counsel, 1120 Vermont

Avenue, NW, Suite 1100, washington, DC

20005 (600/872-9855 or 202/653-7188) 7

13

Volume 18, Number 3

Note that some federal agencies have

their own rules on the p.?1itical conduct of

employees. Additionally, there are nonfederal laws regulating state and local

el'l'ployees.

S\lppOrt of Nonfederal Candidates

Although federal law permits committees

to make contributions to nonfederal candidates, some state laws place restrictions

on such contributions. For information on

a particular state, call the state election

office.

The FEC's Clearinghouse has published a

summary of state campaign finance laws that

includes quick-reference charts. See

"Clearinghouse t>ublications," below.

COntected Elections and Recounts

This is an area regulated by federal

law and state government. state election

officers should be consulted. A Clearinghouse study in this area, Contested Elections and Recounts, is described under

"Clearinghouse Publications," below.

voting Rights Act

For infonnation on the Voting Rights

Act of 1965, and to report suspected violations of the Act, contact the Voting

Section, civil Rights Division, U.S.

DQpartment of Justice, P.O. Box 66128, ...hington. DC 20035 1202/307-2767).

The Clearinghouse publication Federal

Election LaW 91 describes provisions of the

Voting Rights Act; see below.

Voter Fraud

Allegations of voter fraud should be

reported to either the nearest Federal

Bureau of Investigations office or the

nearest U.S. Attorney's office. Federal

Election Law 91 (see below) summarizes

teaeral statutes that pertain to voter

fraud and other illegal voting activity.

Cleatinghou6e Publications

The Clearinghouse publications cited in

this article are listed below. They are

available at federal depository libraries

(state, university and major metropolitan

libraries). The last publication listed,

Federal Election Law 91, is also available

free from the Cleadnghollse. The others

may be ordered from the u.s. covernmerrt

Printing Office at the charge given below.

To order, list each title and stock number

(also given below) and enclose a check for

the full amount made payable to the superintendent of Documents. Mail the order to:

Superintendent of DOcuments, c,e, Government printing Office, Washington, OC 20402,

(continued)
March 1992 FEDERAL ELECTION COMMISSION Volume 18, Number 3

For further information on clearinghouse publications, call that office:

800/424-9530 (ask for the Clearinghouse) or

202;219-3670.

Ballot ACcess (Autumn 1988)

o volume I: Issues and Options

052-006-00042-2, $ 4.50

Comprehensive study of current issues and

trends in ballot access law throughout

the U.S.

o volume 2; For Congressional cancnclates

052-006-00046-5, $10.00

Volume 3: For Presidential Candidates

052-006-00047-3, $ 9.00

Volumes provide state-by-state ballot

access requirements in bOth primary and

general elections for U.S. House, Senate

and Presidential candid~tes (major party,

minor party, independent and write-in

candidates) . o Volume 4: For POlitical Parties

052-006-00048-1, $ 3.75

State-by-state rules for the fonnation

and ballot access of political parties.

<:aJq;laign Finance Law gO: A SolIDary of

State Campaign Finance Laws with Quick

Reference Charts (March 1990)

052-006-00045-7, $23.00

(An updated version will be available this

spring.)

Contested Elections and Recounts

(AuttmUi 1990)

o VolUJDe 1: Issues and Options in

Resolving Disputed Federal Elections

052-006-00049-0, $ 4.25

Legal background and procedures for

handling contested elections.

o volume 2: A SUDmary of State Procedures

for Resolving Disputed Federal Elections

052-006-00050-3, $9.00

Federal Election Law 91 (May 1991)

Summarizes the constitutional provisions

and selected federal statues that apply to

registration and voting. (Call the Clearinghouse for a free copy.)

PUBLIC FUNDING

1992 PUBLIC FtH>DG PNl'I'l'LmU!NI'S AND SPENDING LIMITS

With the release of the 1991 cost-of-living adjustment (COLA), the 1992 public funding

entitlements and spending limits are now available and are listed in the accompanyin9

tables.

The 1991 COLA was 2.762. This figure is unofficial in that it has not yet been certified by the Secretary of Labor. Committees may nevertheless rely on the limits listed in

the tables. In the unlikely event that the certified COlA differs from the 2.762 figure,

revised limits will be published in the April Record.

National

Expenditure

Limit

1992 Limit $~7.62

million

FoIDl.l1a $10 million

x COLA

hiditional

Fundraisil19'

Limit

$5.524

million

20% of

national

limit

Expenditure Limit

in Each state

The greater of $552,400 or

amount calculated under

fonnula(b)31

The greater of:

(a) $200,000 x COLA; or

(b) 16 cents x state voting

age population x CCtA

Maxilua Matchinq

Funds caMidate

May Receive

$13 •&1 million

50\ of national

limit

fA candidate ~y also spend $50,000 from personal fwds.

2The state-by-state expenditure limits were published in a February 12 press release. To

order a copy, call: 800/424-9530 (ask for Public Records) or 202/219-4140.

14
March 1992 FEDERAL ELECTION COMMISSION Volume 18,Number3

E

Major Party National

Nominating Convention

Kajor party

Presidential NaDine

1992 Public f'UDding Entitlement $11.048 million~1 $55.24 million

1992 Expenditure Limit Same as above Same as above

Fotllllla $4 million x COLA $20 million x COLA

lA candidate may akse spend $50,000 from personal funds.

2In July 1991, the 1992 Democratic and Republican national nominating conventions each

received $10.6 mdllion in public funds; they will ~eceive their remaining entitlement

($448,000 apiece) in 1992. The Democratic conventron will be held in New York City on July

13-16; the Republican convention will be held in Houston on August 17-20.

l NUmber s rounded to th0 nearest dollar.

200 January 8, Governor Wilder amounced

that he would no longer seek the Presidential nomination.

determination. The candidate must also

agree to comply with the law in a letter of

agreements and certifications (a "9033

letter").

once eligible, a candidate may submit

additional contributions for matching funds

(matching fund submissions) on the first

working day of each month. The Commission

reviews the submission and certifies payment at the end of the month. Treasury

then makes the payment to the candidate

within one or two days. Candidates may

continue to make matching fund submdssions

once a month through March 1, 1993.

$ 393,048

100,000

3,640,889

1,400,599

763,928

1,327,120

833,364

556,445

289,027

$9,304,420

CUJDulative

'1'otal

$ 158,122

100,000

1,011,524

821,235

139,431

251,931

258,767

99,910

90,711

$2,931,632

Feb. 4

Payment

Brown $ 234, 926

Buchanan 0

Bush 2,629,366

C1inton 579,364

Fulani 624,497

Barkin 1,075,189

Kettey 574,597

T$ongas 456,535

WiIder2j 198,315

Total - $6, 372,788

Jan. 2

payment

15

'8UCfWWl, E'IClfl' <11'HER CANDIMTES

RECEIVE MM'CHIR; FWDS

On January 27, 1992, Patrick J.

Buchanan became eligible to receive matching funds for his 1992 Presidential prima~

campaign. The Commission certified his

initial $100,000 matching fund payment on

January 30, When it also certified payments

to the other eight candidates who have

become eligible for matching funds. The

candidates received payment from the u.s.

Treasury on February 4. Each candidate,

except Mr. Buchanan. had received an

earlier January payment representing

matching funds certified in November and

December 1991.

The table below lists the amount of

matching funds each candidate had received

as of; February 4. Candidates have requested an additional $3.6 million in

matching fwrls for the March payment.

Under the matching fund program, eligible candidates receive matching federal

dollars for a portion of the contributions

they raise. The federal government will

match up to $250 per contributor, but only

contributions from individuals qualify for

matching. To establish eligibility for the

program, a candidate must submit documentation showing that he or she raised in

excess of $5,000 in matchable contributions

in each of at least 20 states (i.e., over

$100,000). This threshold matching fund

submission is reviewed by the FEC's Audit

Division before the Commission makes its

•
March 1992 FEDERAL ELECTION COMMISSION

1992 PIlESIDENl'IAL <nIPLIMCE !Il\NUI\L

AVAILABLE

On January 31, 1992, the COImtlission

approved the 1992 edition of the Financial

control and compliance Manual for ~residential primary Candidates Receiving Public

Financing. Th& Manual i5 desi.gned to help

matching fund recipients comply with the

the campaign finance statute and FEe regulations. The Manual suggests an overall

plan to control and manage campaign accounting, reporting and recordkeeping in

order to achieve compliance. The 1992 edition reflects the extensive changes made to

the public funding regulations for Presidential primary candidates (effective

NOvember 6, 1991). It also includes, as an

appendix, the revised computerized magnetic media requirements (see following article).

The FEe's Audit Division has provided

copies to all campaigns eligible for matchi09 funds. other interested part.Les may

pu~chase the Manual at a cost of $7.50 from

the Publio secords Office. call 800/424-

9530 (ask for Public Records) or 202/219-

4140.

lJPDl\TED MMNE'.I'IC I'IEDIA REOOIREmNI'S

The ccenaseton recently updated its

conputerfaed magnetic media requirements to

broaden the technical standal:"ds for computet files submitted on diskettes. The new

standards appear in the revised document

"Computerized MagnetiC Media Requirements

for Title 26 candidates/Committees Receiving Federal Funding" (CMMR).

As its title implies, the CMMR applies

to magnetic tapes and diskettes required of

oommdttees of publicly funded Presidential

candidates if the campaign maintains co~

puterized records. See 11 CFR 9003.1(b)(4)

and 9033.1(b)(S). The technical standards

set forth in the CMMR ensure compatibility

with the FEe's computer system.

The commission has sent the revised

CMMR to all Presidential primary campaigns

eligible for matching funds. It is also

available from the FEe's Public Records

Office and Audit nivrston. The changes to

the QlMR were announced in the Federal

Register on February 5, 1992 (57 FR 4453).

16

Volume 18, Number 3

FEDERAL REGISUR

Copies of Federal Register notices are

available from the Public Records Office.

1991-24

Correction; 11 erR Parts 100 and 104:

Loans from Lending Institutions to

candidates and political Committees (57 FR

2638, January 22, 1992)

1992-1

11 CFR Parts 100, 110, 114: Honoraria;

Final Rule; Technical Amendments (57 FR

1640, January IS, 1992)

1992-2

Computerized Magnetic Media Requirements for Pl:"esidential primary and General Election caum1ttees; Announcement of Changes

(57 FR 4453, Februacy 5, 1992)

STATISTICS

1991 YEAR-mID PAC COlJNI'

The total number of PACs registered

with the FEe fell to 4,094, the lowest

total since mid-l986, when PACs numbered

4,092. With the exception of PACs with

cooperative sponsors, all categories of

PACs registered declines since the last PAC

count was taken in mid-1991.

Please note, however, that the number

of PACs does not necessarily correlate with

financial activity by PACs. Some registered PACs have little or no financial

activity. For statistics on semiannual PAC counts

taken since 1975, order the press release

of January 20, 1992; call 800/424-9530 (ask

for Public Records) or 2021219-4140.

No. as of Gain or Loss

PAC Category 12/31191 Since 7/1/91

Corporate 1,738 -7

Nonconnected 1,083 -13

Trade/Membership/

Health 742 -7

Labor 338 -1

Corporations

Without Stock 136 -1

Cooperatives 57 0

Total 4,094 -29
March 1992 FEDERAL ELECTION COMMISSION Volume 18, Number 3

CANDIDM'E, PAR'!'Y AND PAC AC'l'IVI'lY IXJRING

1989-90 CYCLE:; FINM. REPORTS

on December 10, 1991, the Commission

announced the release of FEe Reports on

Financial Activity, 1989-90, Final Report,

a five-volume series containing final

statistics on the 1989-90 election cycle.

The graphs that follow a re based on Final

Report data.

Three FEe press releases issued December 10 also use final data to present overviews of candidate, party committee and

political action committee (PAC) activity

during the 1990 cycle. The releases contain numerous tables and graphs summarizing

1989-90 activity and comparing it with

activity in previous cycles.

The Final Report series and the press

releases ate available from the FEe's PUblic Records Office. The press releases are

free, while each volume of the Final Report

costs $10, payable in advance. To order,

call BOO/424-9S30 (~sk for Public Records}

or 202/219-4140.

The Final ltep:>rt is also available on

three computer tapes at $50 pet tape. For

ordering information, call the FEe's Data

Systems Devolopment Division, 202/219-3730

(or use the 800 number and ask for the Data

Division) •

PAC Contributions to Candidates

1980 - 1990 Election Cycles

_ Democrats

_ Republicans

1980 1982 1984 1986 1988 1990

o

60

20

40

80

Millions of Dollars

100

1'7
March 1992 FEDERAL ELECTION COMMISSION Volume 18, Number 3

Party Committee Cash on Hand and

Debts at End of Ejection Cycles

1980-1990

_ Cash on Hand

II1II Debts

1980 1982 1984 1986 1986 1990

Republican

1980 1962 1964 1986 1988 1990

Demacratic

National Party Committees

Millions of Dollars

6 r-------------------------------------

5

4 1-------

3 l----~-­

2 I----~­

1

o

National senatorial Party Committees

Millions of Dollars

6

5 I--------------------------------l~

4

31--------------

2

1

o

~1

1980 1982 1984 1986 1988 1990

Democratic

1980 1982 1984* 1986 1988 1990

Republican

National Congressional Party Committees

Millions of Dollars

6 r---------

5

4 1----------.----------

3 --------------------

2

1

o

1980 1982 1984 1986 1988 1990

Democratic

1980 1982 1984 1986

Republican

1990

---------------

State and Local Party Cammittees

Millions of Dollars

3.5

3.0 f.'----------------------------

2,5

2.0 1----------------=----------

1.5

1.0 1------------

,5

o

1980 1982 1984 1986 1988 1990

Democratic

1980 1982 1984 1986 1988 1990

Republican

"The National Republican Senatorial Committee reported a negative cash balance at the end of 1984.

18
March 1992 FEDERAL ELECTION COMMISSION Volume 18, Number 3

"Disbursement figures have been adjusted to subtract funds transferred to another committee of the same campaign.

0-- .,...,8- .~ [y;:?'"'~

• • •

r----"

-

1968 1990

(£)-(9) civil penalties of between $300 and $1,000.

I«IR 2938

Respcndents: (a) Kansas State

Republican Conmittee, Duane

Nightingale, treasurer;

(b) Kansans for Meinhardt,

ROsemary Boston, treasurer

Complainant: FEe initiated

SUbject: Excessive contributions; contributions from

unregistered organization

Disposition: (a) and [b) Reason to believe but took no

EUI::ther action

l'tUB 3030/2600

Responr;lcnts: (a) Richard Lehmann & Associates, Inc. (FL)i

(b) aondholdets protective

Association, Inc. (FL);

(cl Natiooal Washington Public

Power Supply System Bondholders

COIIallittee, Inc. (FL);

(continued)

1986

House Campaigns

Millions of Dollars

165

150

135

120

105

90

75

60

45

30

15

o

-rn-- Democrats

......... Republicans

1990

19

COMPLIANCE

report, or to report correctly,

financial activity

Disposition: Cal $2,500 civil

-penalty; (b) no probable cause

to believe

KJR 2893

Hespondents (all in CA):

(a) Norman J. Pattiz; (b) Westwood One, Inc.; (e) William J.

Eattison; (oj Gary J.Yusko,

(e) Elizabeth Hines Battiscn;

et a1. (£)-1 g)

Coolplainants: Mark H. Kress,

Margaret M. Kress and Robert D.

xrsss

SUbject: Knowing and willful

corporate contributions and

contribJtions in the names of

others

Disposition: lal $26,000 civil

penalty, (b) $26,000 civil penaltYi (c) $8,000 civil penalty;

(dl $8,000 civil penalty (e) no

reason to belip.ve;

1986 1988

fOlIJR 2572

Respondents (both in NY):

(a) The Committee to Elet:t

Levitt, Alvin Smolin, treasurer; (b) John Levitt

Camplainant: Georqe McDonald

(NY)

Subject: Failure to file

report on time; failure to

IIIJRS ro 'lItE I'UBLIC

Listed below are MURs (FEe

enforcement c:ases) recently

released for public review.

The list is based on the FEe

pre55 releases of November 21,

26 and December 9, 1991, and

January lS, 1992. Files on

closed MURs are available for

review in the Public Records

Office.

Unless otherwise noted,

civil penalties resulted from

conciliation agreements reached

between the r~spondents and the

Commission.

Senate Campaigns

Millions of Dollars

::F----------

135 f----------------

House and Senate Campaign

oisbursements*

1986- 1990 Ejection Cycles
March 1992 FEDERAL ELECTION COMMISSION Volume 18, Number 3

{d) l1Vnicipal Bond Investors

commcittee (Bond Investors

1ISsociation, Inc.) (no); (e I

comfElt Sales Corporation (MA),

(f) NOrth carolina Fam Bureau;

(9) Bi:ank of HitJhland (IN); (h)

platte valley Bank (NE)

ca't)hdnant: FEe initiated

Subject: Failure to file

stateJllent of organization;

failure to file reports on

time, corporate contrib.1tions

Disposition: (a) $1,000 civil

penalty; (b) and (c) probable

cause to believe but took no

further action; (d)-(h) reason

to believe but took no further

action

)11K 3D31

Respondents: (a) Jo Ann i'epper

(FL); (b) Jo AM Pepper Cam--

paiqn conwittee, ternando J.

Solano, treasurer (F'Ll;

(c) Arlton N. Handal (CA)

Coaplainant: FEe initiated

SUbject: Failure to itemize

loans properly and to continuously report them; excessive

contribution

Disp::lsition: (a) and (b)

$2,000 joint civil penalty,

(c) reason to believe but took

no further action

!IJR 3048

Respal'rlents (all 1n 'l'X):

(a) RUcker for Congress, H.

Ward Lay, treasurer; Ib) Jerry RUcker~ et al. (c)-(h)

COIIplainant: Gregg A. Cooke

('I'Xl

SUbject: Excessive contributions; inaccurate disclosure

Disposition: (a) $1,500 civil

penalty; (b) no reason to believe; (c)-(h) reason to believe but took no further

action

I'lJR 3069

Respondents: (a) Bush-Quayle

'S8, stanley Huckaby, treasurer

(VA); (b) National Security

Political Action Ccmmittee,

Elizabeth I. Fediay, treasurer

(DC), (el Roger Ailes (NY);

(d) Ailes Conmunications (NY);

(e) Larry MCCarthy (DCl:

(i) Jesse T. Raiford (NY)

Ceeplainant: James M. Ruvolo,

chairman, ohio DemOcratic

Party; Ray Miller, ~resident,

Black Elected Democrats of Ohio

SUbject: Independent expenditures

Disposition: (a) and (b) Reason to believe but took no further action; (c)-(f) took no

action

IU\ 3095

Respondents: Missouri Democratic state Committee federal;nonfederal account, Douglas

Brooks, treasurer (MOl

CCIIIUainant: FEe initiated

Subject: Improper deposits and

use of corporate and

unregistered organization funds

DiS);Osition: $6,000 civil

penalty

1'IUR 3108

Respondents: (a) Demcratic

State Central Canmittee of California Federal Account, Martin

H. Eber, treasurer: (b) Arthur

J. Shartsis, Inc. (CA);

(e) Bartley M. O'Hara, P.C.

(DC); (d) Judd D. Malkin (FL);

le) Barbara B. Carlson lCA}

Coaplainant: FEC initiated

Subject: Corporate and exces- sive contributions; improper

transfer frOll'l nonfederal account, inaccurate disclosure

Disposition: (a) $10,nOO civil

penalty; (b) no probable cause

to believe; (c) reason to believe but took no further action; (d)-(e) no probable cause

to believe

KJR 3167;'3027;2931

Respcmdents (both in VA)

(a) PUblic Affairs Political

Action committee, Eugene Delgaudio, treasurer: (b) Direct

Marketing Fi~ce and Escrow,

Ine.

~lainant: Thomas Wollman,

Controller, ~lecommunications

Industries, Inc. (~l

SUbject: Failure to disclose

debt continuously; failure to

file report on time; corporate

cont.ributions

Pisposition: (a)ll) $2,050

civil penalty, (a)(2) reason to

believe but took no furthiH action (corporate contributions);

(bl ~eason to believe but took no further action (corporate

contributions)

IIJR nss

Respondents (both in NY):

(a) LOcal 1199 Federal Political Action Fund, Phyllis Harris, treasurer; (bl Local 1199

Drug, Hospital and Realth care

Employees union ~lainant: FEe initiated

SUbject: Labor union contribuHons

Disposition: (a) and {bi

$4,000 joint civil penalty

!lIJR 3193

Respondents: ~ign fer a

New Majority (Federal), Scott

20

B, Mackenzie, treasurer (VA)

CaIlplainantz FEe initiated

SUbject: Excessive contributions

Disposition: $4,000 civil

penalty

3213

Respondents: Comittee to ReElect Esteban E. Torres to

Conqress, Sharon J. salcido,

treasurer (CAl

COq)1ainant: FEe initiated

SUbject.; Failure to file

reports on time

Disposition: $1,300 civil

penalty

MUll 3273

Respordents; lleed for Congress

Committee, Elizabeth R. Young,

treasurer (RI)

Coaple.inant: lEe initiatecl

SUbject: Failure to file 48-

hQU( notices

Disposition: $2,500 ciVil

penalty

J1UR 3271

Re8pondent:s: American Financial Services Association

Politic;Jl Action COlmlittee

(formerly known as National

Consumer Finance AssociatLo~

PAC), Thomas L. Thomas, treas- urer (DC)

Complainant: FEe initiated

Subject: Failure to file re- port on time

Disposition: $875 civil

penalty

MUll 3269

Resp;wdents: Home Shopping

Network, Inc. Political Action

COllIllittee (HSN PAC), Les R.

Wandler, treasurer (Ft)

Ccqllai.nant: FEe initiated

SUbject: Failure to file

report on til"l'le

Dispositioo: $300 civil

penalty

JII[JR 3310

Respn:ients: Osteopathic Political Action ComDittee, Frank

J. MCDevitt, treasurer (IL)

Cc:Jq:Ilainant: FEe initiated

SUbject: Failure to file reports on time

DisposiHan: $2, DOO civil

penalty

JIII{JR 3311;3263

Respoments: Employees of

Merabank political Action ComlUit tee (E!'IPAC}, John E.

Bridger, treasurer (AZ)

Complainant: FEe initiated

SUbject: Failure to file r~

ports on time
FEDERALELECTION COMMISSION

(continued)

Volume 18, Number 3

2

SUbj!!Ct: Excessive contributions

Disp)Sition: (a) $800 civil

penalty; (b) $800 civil penalty

I'IUR 3378

Respondents: Citizens for

Eleanor Holroes Norton, Pauline

Schneider, treasurer (DC)

coaplainant: FEe initiated

SUbJ'ect: Failure to file 4Bhour notices

Disposition: $1,350 civLl

penalty

JIIJR 3388

RespOrdenta: American Pharmaceutical Association PAC, Gary

Schneider: treasurer (DC)

COlIplainant: FEC initiated

SUbject: Failure to file report on tilDe

Dispositim: $500 civil

penalty

lIJR 3390

Respondents: Association for

the Advancement of :Psychology,

Inc./Psychologists fo~ Legislative Action Now, Roqers H.

Wright, ph.D, treasurer (00)

coq;Uainant: FEe initiated

SUbject: Failure to file

report on time

DispositiCll: Reason to believe

but: took no further action

l1UR 3391

~spandents: Burson-Marsteller

PoUtical Action Comni.ttee, J.

Gordon stephens, Jr.; treasurer

(DC)

COqUainant: FEe initiated

SUbject: Failure to file report on time

Dispositiom $400 civil

penalty

MVR 3392

Bespondents: CallpUter Sciences

Corporation PAC. Leon J. Level,

treasurer (CA)

Ccql1ainant: FIlC iniHated

SUbject: Failure to file

report on time

DiqJOsition: seoo civil

penalty

PIJR 3396

~ts: Rutak Rock &

Campbell PAC, Patrick !'l.. Murphey, treasurer (DC)

Catplainanb FEe initiated

SUbject: Failure to file re-

[Xlrt on time

Disposition: $1,000 civil

penalty

21

JlIlR 3366

Respordents: (a) Bruce

Herschensohn (CAl;

(b) Herschensohn for U.s.

senate-1992, Betty presley,

treMurer (CA); (e) ltABC-'IV and

!<ABC lladio (CA); (d) capital

Cities ABC, Inc. (NY)

COlIlplainant: Judy H. Hersher,

counsel to the California Democratic Party

Subject.: Corporate contributions

Disposition: (a)-(d) No reason to believe

l'IIJR 3346

Respondents: MECIA: Municipal

Elections Committee of LoS

Angeles, Rodney scott, .treasurelt

Complainant: FEe inibated

SUbdect: railure to file

reports on time

Disposition: $1,200 civil

penalty

l'roR 3350

Respondenta: John Vogt fer

Congress e~ttee, Ronald

Bray, treasurer (FL)

C~ainant: FEC iniHated

SUbject: Failure to file 48-

hour Mtices

Disposition: $1,500 civil

penalty

JIIJR 3362

Respalldents: Al Smith for

Congress Comittee, Ellen

Camhi, treasurer (CT)

CQI!{ilitinant: FEe initiated

SUbject: Failure to file 48-

hour notices on time

Di6(101i1tion: $500 civil

penalty

SUbject: ·Failure to file

repoees on time

Disposition: $3,000 civil

penalty

)(JR 3372

ltespcndents: Bill 'Iholnas Campaign Comrnittee , John eurom.ings,

treasurer (CA)

cmp1ainant: Fee initiated

SUbject: Excessive contributions; corporate contributions:

inaccurate [epo[ting; untiltlely

deposit

Disposition: $1,250 civil

penalty

lUI 3374

Respondents (both in TX):

(a) Pride Refining Co, PAC

(pride PAC-Federal ~, Itobert J.

Schumacher, treasurerr

(b] Jillbert J. Schumacher

cmp1ainant: FEe initiated

March 1992

Disposition: Probable cause to

believe but took no further

action

MlJR 3316

Respondents: Re-Elect slaughter fQr Congress Connittee,

Gary W. Lee, treasurer (VA)

CCIIPlainant: FEe initiated'

SUbject: Failu~e to file 48-

hour notices

Disposition: $1,200 civil

penalty

I'IJR 3323

Respondents: Daniel K. Akaka

for U.S. Senate, Joseph F.

Blanco, treasurer (HI)

CCIIIPlainant: FEe initiated

SUbject: FaillJre to fi Ie 48-

hour notices

Disposition: $2,000 civil

penalty

P.VR 3326/3314/3185/3103

Respondents: Black Political

Action ColfllClittee (Black PAC).

William A. Keyes, treasurer

{VA)

~ainant: FEe initiated

SUbject: Failure to file reports on time

Disposition: $15,000 civil

penalty

JIJR 3329

Bespoodent&: DeLeuw, cather &

co. PAC, a subcc:=mittee of the

Parsons corporation PAC, David

P. Hansgen, treasurer (OC)

CaIOlainant: FEe initiated

SUbject: Failure to file report on time

Disposition: $500 civil

penalty

I'IlR 3340

ResponCents: Don Davis for

Congress, con Davis, acting as

treasurer (NCl

COlIIplainant: FEe initiated

SUbject: f'allure to file Uhour notices on time

Disposition: $600 cIvil

penalty

!'IJR 3341

Respondents: J'ohn F. MacGovern

for Congress DOmIdttee, John w.

Reedy, treasurer (MAl

coq>lainant: FEe initiated

Subject; Failure te file 48-

hour notices

Disposition: $2,050 civil

penalty

l'IJR 3343

Respc:mdents: Democratic

Congressional Fund. Bruce A,

Lehman, treasurer (nel

COlIplainant: FEe initiated
March 1992 FEDERAL ELECTION COMMISSION

MOR 3399

Respondents: National Association of Trade and Technic~l1

Schools PAC, John Freeman,

treasurer (DC)

Callplainant~ FEe initiated

SUbject: Failure to file report on tine

Disposition: $500 civil

penalty

JIJ1l 3404

Respmclents: Hollywood WOJDen'S

Political Co1IIIl:ittee, Judith

tcmseetn, treasurer (CAl

~ainant: FEe initiated

SUbject: Failure to file report on time

Disposition: $800 civil

penalty

MUa 3405

Respmdents: Korean American

National Political Action Committee, Yong C. Kim, treasurer

(CA)

Cc:llIlIpl.ainant: FEe initiated

SUbject: Failure to file report on time

Disposition: $300 civil

penalty

MUll 3406

Respon;lenu>: National pork

Producers Council Pork PAC,

Jeff A. seccse, treasurer (IA)

C<lIIIplainlmt; FEe in1 tiated

Subject: Failure to file report on time

Disposition: $750 civil

penalty

JIIUR 3407

Respondents: Pelican Political

Action collllllittee, Robert G.

Szabo, treasurer (DC)

coqUainant: FEe initiated

SUbject: Failure to file report on time

Disposition: $500 civil

penalty

J'IJR 3408

Respondents: Pfizec PAC,

William E. aervev. treasurer

INYI

CQIIPlainant: FEe initiated

SUbject: Failuce to file

report on till1e

Disposition: $aoo civil

penalty

JllJR 3409

Resp::mdents: Pipe-fitters Local

Union NO. 274, Political Action

Comntittee, Edward Plander,

treasurer (NJ]

COapla.inant: FEe initiated

SUbject: Failuce to fi te ceport on time

Oispositim: $1{10 civil

pelUllty _

JIJR 3412

Resp:nlents: S'l'ERLPAC-Sterling Drug me, ~loyees,Political Action COlIlmittee for re- proved ccvemeene, sal J.

RubinQ, cceesurer (NY)

~ainant: FEC init1ated

SUbject: Failure to file report on time

Di&pCBiUon: $500 civil

penalty

I'IlR 3413

Re&pClldents: Tele-colllllW'licat1oos, rnc, PAC, Gary K.

Bcacken, tceasurer (CO)

CoIIplainant: FEe initiated

Subject: Failure to file cepoct on time

Disposition: $300 civil

penalty

I'IlR 3416

Resprxdents: Vote Choice,

Margery Tabankin, treasurer

(CAl

CCmplainant: FEe iniHated

Subject: FaBure to file report on time

Disposition: $1,500 civil

penalty

HIm 3411

RespOo:lents: Wine and Spirits

Wholesalers of Ametica, Inc.

Political Committee, Douglas W.

Metz, treasurer (DC)

CCapla:i.nant: FEe initiated

SUbject: Failure to file report OIl time

Disposition: $1,100 civil

penalty

JIIlJR' 3423

IlespaOOents: Conmil:tee to

Elect John Raub, Janes nonehen ,

treasurer (NIl)

CCIIp1ainant: FEC initiated

SUbject: Failure to file 48-

hour notices on time

Disposition: $5,000 civil

penalty

MUR 3442

Respondents (both in DC):

(a) NRA-·lnstitute for Legislative Action (DC}; {b} NRA.

Political Victory Fund, Grant

A. wills, treasurer (DC) ~ajJW\t: 'FEe initiated

SUbject: Untimely reimburse--

ment of corporate funds

Disposition: (al and (bl Rea- son to believe but took no further action

22

Volume 18, Number 3
'!be first number in each citation

refers to the "number" (month) of the 1992

Record issue in which the article appeared;

the second number, following the colon,

indicates the page numoer in that issue.

ADVISORY OPINlrnB

1991-29~ Contributions received and made by

corporation's employee pledge program,

1:4

1991-33: Allocation of expenses when party

commdttee administers primary election,

1:6

1991-34: Committee sale of access to voter

data base as ongoing venture, 1:6

1991-35: Application of allocation rules

when SSF's nonfederal account pays its

own administrative expenses, 2:10

1991-36: Corporation's payment of employee's travel expenses to attend party

fundraiser, 3:5

1991-37: Nonconnected PAC's payment to

incorporated firm for shared facilities

and services contributed to cornndttees,

3:5

1991-38: Repayment of embezzled funds to

candidate committee, 3:6

•

March 1992 FEDERALELECTION COMMISSION

INDEX

Volume 18. Number3

•

COURT CASES

FEe v.

- AFS~PQ, 1:7 - NRA POlitical Victory Fund, 1:7

v. FEe

~Akins, 1:8, 3:7

- ~tool. 3:8 - Common Cause (91-2914), 1:9 - Common Cause (92-0249), 3:8 - Freedom Republicans, Inc., 3:7 - Trinsey, 3:7

REPORl'ING

pre-primacy dates, 1992 - House and Senate, 1:14

- Presidential, 2:10; 3:10

schedule for 1992, 1:10; 3:8

SPENDING l.IMITS FOR 1992

Coordinated party, 3:1

presidential, 3:14

800 LINE

COlTpliance with laws outside FEe's jurisdiction, 3:12

Last-minute contributions: 48-hour notices

required, 1:18

Registration by candidates and their co~ttees, 2:12

23
Political Committees

Treasurers of registered political committees automatically receiv@ the Record.

A change of address by a political comncittee (or any change to infonnation disclosed

on the Statement of organization) must, by law, be made in writing on FEe Form 1 or by

letter. The treasurer ImJst sign the amendment and file it with the secretary of the

Senate, the Clerk of the House or the FEe (as appropriate) and with the appropriate

state office.

other Subscribers

Record subscribers who are not regi6tered political comnattees should include the

following information when requesting a change of address:

o Subscription number (located on the upper left hand corner of the mailing label);

o Name of the subscriber;

o Old address;

o New address.

SUbscribers (other than political cammittees) may correct their addresses by

phone as well as by mail.

Volume 18, Number3

Bulk Rate Mail

Postage and Fees Paid

Federal Election Commission

Permit NumberG-31

FEDERAL ELECTION COMMISSION

FEDERAL ELECTION COMMISSiON

999 E Street, NW

Washington, DC 20463

March 1992

Official Business