2004 Index Federal Election Commission Volume 30

ANNUAL INDEX 2004

How to Use This Index

The first number in each 

citation refers to the “number” 

(month) of the 2004 Record issue 

in which the article appeared. The 

second number, following the 

colon, indicates the page number 

in that issue. For example, “1:4” 

means that the article is in the 

January issue on page 4.

Administrative Complaints

Akins v. FEC, 4:10

Alliance for Democracy v. FEC. 

3:8; 10:4

Bush-Cheney ’04 v. FEC I, 10:4

John Hagelin v FEC, 4:11; 8:9; 

10:3; 11:3

Kean for Congress Committee v. 

FEC, 3:7

Administrative Fines

Challenges

– Cooksey v. FEC, 8:11

– Cox for U.S. Senate v. FEC, 3:4

– Lovely v. FEC, 5:12

– Wilkinson v FEC, 4:9

Congressional amendment to 

extend program, 3:1

Fines assessed, 1:24; 2:14; 4:14; 

6:9; 9:9; 11:12

Making program permanent, legislative recommendation, 6:1

Advisory Opinions

Alternative disposition

– AOR 2003-38, 3:14

– AOR 2004-5, 4:9

– AOR 2004-11, 7:10

– AOR 2004-13, 6:6

– AOR 2004-16, 7:10

– AOR 2004-21, 9:7

– AOR 2004-38, 12:5

– AOR 2004-39, 12:5

Summaries of AOs

– 2003-28: Nonconnected PAC 

established by LLC composed entirely of corporations may become 

SSF with LLC as its connected 

organization, 1:20

– 2003-29: Transfer of funds from 

nonfederal PAC to federal PAC of 

incorporated membership organization, 1:21

– 2003-30: Retiring campaign debt 

and repaying candidate loans, 2:1

– 2003-31: Candidate’s loans to 

campaign apply to Millionaires’ 

Amendment threshold, 2:2

– 2003-32: Federal candidate’s use 

of surplus funds from nonfederal 

campaign account, 2:4

– 2003-33: Charitable matching 

plan with prizes for donors, 2:5

– 2003-34: Reality television show 

to simulate Presidential campaign, 

2:6

– 2003-35: Presidential candidate 

may withdraw from matching payment program, 2:7

– 2003-36: Fundraising by federal 

candidate/officeholder for section 

527 organization, 2:8

– 2003-37: Nonconnected PAC’s 

use of nonfederal funds for campaign activities, 4:4

– 2003-39: Charitable matching 

plan conducted by collecting 

agent of trade association, 3:10

– 2003-40: Reporting independent 

expenditures, 3:11

– 2004-1: Endorsement ads result in 

contribution if coordinated communications, 3:12

– 2004-2: Contributions from testamentary trusts, 4:8

– 2004-3: Conversion of authorized 

committee to multicandidate committee, 5:5

– 2004-4: Abbreviated name of 

trade association SSF, 5:7

– 2004-6: Web-based meeting services to candidates and political 

committees, 5:7

– 2004-7: MTV’s mock Presidential 

election qualifies for press exemption, 5:8

– 2004-8: Severance pay awarded to 

employee who resigns to run for 

Congress, 6:4

– 2004-9: State committee status, 

5:10

– 2004-10: “Stand by your ad” disclaimer for radio ads, 6:5

– 2004-12: Regional party organization established and maintained by 

several state party committees, 8:4

– 2004-14: Federal candidate’s 

appearance in public service announcements, 8:6
Federal Election Commission RECORD Index 2004

2

Federal Election Commission

999 E Street, NW

Washington, DC 20463

800/424-9530

202/694-1100

202/501-3413 (FEC Faxline)

202/219-3336 (TDD for the

 hearing impaired)

Bradley A. Smith, Chairman

Ellen L. Weintraub, Vice Chair

David M. Mason, Commissioner

Danny L. McDonald, 

 Commissioner

Scott E. Thomas, Commissioner

Michael E. Toner, Commissioner

James A. Pehrkon, Staff Director

Lawrence H. Norton, General

 Counsel

Published by the Information

 Division

Greg J. Scott, Assistant Staff

 Director

Amy Kort, Editor

http://www.fec.gov

– 2004-15: Documentary film ads 

showing federal candidate are 

electioneering communications, 

8:8

– 2004-17: Federal candidate’s compensation for part-time employment, 8:8

– 2004-18: Campaign committee’s 

purchase of candidate’s book at 

discounted price, 9:4

– 2004-19: Commercial web site 

allowing contributions to be 

earmarked to candidates based 

on candidates’ support of position 

statements and other criteria, 10:4

– 2004-20: Connecticut party convention considered an election, 9:5

– 2004-22: Unlimited transfers to 

state party committee from campaign of retiring Congressional 

Member, 9:6

– 2004-23: SSF’s solicitation of subsidiaries’ restricted classes, 10:5

– 2004-24: Commercial web site’s 

use of contributor information 

from FEC reports, 10:6

– 2004-25: Senator/national party 

officer’s donation of personal 

funds to organizations that engage 

in voter registration activity that is 

federal election activity, 10:7

– 2004-26: Foreign national’s participation in political committee 

activities, 10:8

– 2004-27: Use of campaign funds 

for unpaid salary of former employees, 11:1

– 2004-28: Disclosure of donations 

to state party committee office 

building fund, 11:6

– 2004-29: Federal candidate’s support of ballot initiative committees, 11:6

– 2004-30: Documentary and ads 

do not qualify for electioneering 

communications media exemption, 10:9

– 2004-31: Business ads not electioneering communications, 10:11

– 2004-32: SSF may solicit affiliated LLC, 11:7

– 2004-33: Corporate-sponsored ad 

as electioneering communication 

and coordinated communication, 

10:12

– 2004-34: State committee status, 

12:3

– 2004-35: Presidential campaigns 

may use GELAC funds for recount 

expenses, 11:8

– 2004-36: Reporting in-kind 

contribution of office space shared 

among five candidates, 11:8

– 2004-37: Brochure advocating 

candidates not a contribution, 12:4

Affiliation

Between 

– delegate committee and Presidential campaign committee, 800 

line, 7:1

– PACs acting in concert, AO 2003-

37, 4:4

– physician practices and their business manager, AO 2004-23, 10:5

– regional party committee and 

each state party committee that 

supports it, AO 2004-12, 8:4

– SSF and LLC, AO 2004-32, 11:7

Excessive contributions 

– affiliated leadership PACs, MUR 

5328, 5:1

– affiliated PACs, FEC v. Malenick, 

5:13

Leadership PACs and authorized 

committees, final rules, 1:18

Nonfederal committee transfer to 

SSF, AO 2003-29, 1:21

Air Transport Association 

of America Political Action 

Committee

AO 2004-4, 5:7

Akin, Todd

AO 2004-29, 11:6

Alice Forgy Kerr for Congress

AO 2004-1, 3:12

Allocation

Amendments to rules for PACs, 

proposed, 4:1; public hearing, 

5:3; extension of Commission’s 

consideration, 6:1; final rules, 9:1; 

12:1

Failure to allocate party committee 

issue ads, MUR 4953, 6:3

Failure to pay allocable expenses 

from allocation account, MUR 

5447, 10:17

Fixed allocation percentage for 

regional party committee established by several state party committees, AO 2004-12, 8:4

Payment for nonconnected PAC’s 

communications, voter registration and get-out-the vote activities, 

AO 2003-37, 4:4

Alternative Dispute Resolution

Cases resolved, 1:25; 4:15; 7:9; 

8:11; 11:9

American Sugar Cane League

AO 2004-8, 6:4

Americans for a Better Country

AO 2003-37, 4:4

Anheuser-Busch Companies, Inc.

AO 2003-33, 2:5

Audits

Friends of Marilyn F. O’Grady, 5:14

Not required for Presidential candidate who withdraws from primary 

matching payment program before 

receiving funds, AO 2003-35, 2:7

Repayment determinations for Presidential campaigns from 2000, 

5:15
Index 2004 Federal Election Commission RECORD 

3

Bereuter, Doug

AO 2004-22, 9:6

Best Efforts

Application of safe harbor to timely 

filing, Lovely v. FEC, 5:12

Bipartisan Campaign Reform Act 

of 2002 (BCRA)

Challenge to Commission’s implementing regulations, Shays-Meehan v. FEC I, 11:1; 12:1

Contributions by minors, prohibition 

found unconstitutional, Notice of 

Proposed Rulemaking, 5:3

Inaugural committee disclosure 

requirements, Notice of Proposed 

Rulemaking, 5:1; final rules, 11:9

Substantially upheld, McConnell v. 

FEC, 1:1

Buchanan, Patrick

Repayment determination for 2000 

campaign, 5:15

Bush, George W.

General election public funding 

grant, 10:17

Campaign Funds

“Any lawful purpose,” legislative 

recommendation to restore language, 6:1

Disbursements not considered personal use of campaign funds

– campaign’s purchase of candidate’s book at publisher’s “remainder copy” discount, AO 2004-18, 

9:4

– compensation for federal candidate’s part-time employment, AO 

2004-17, 8:8

– donations to ballot initiative committees and appearance in ads 

paid for by campaign committee, 

AO 2004-29, 11:6

– donations to state and local candidates, AO 2004-29, 11:6

– retiring campaign debt and repaying candidate loans, AO 2003-30, 

2:1

– transfers to state party committee, 

AO 2004-22, 9:6

Salary payments to campaign staff 

for work initially treated as volunteer work not permissible, AO 

2004-27, 11:1

Use following committee’s conversion to multicandidate PAC, AO 

2004-3, 5:5

Candidates, Federal

Appearance in broadcast ads for 

documentary film 

– AO 2004-15, 8:8 

– AO 2004-30, 10:9

– Petition for Rulemaking for exception to definition of electioneering 

communication for documentary 

ads, 9:4

Appearance in public service announcements, AO 2004-14, 8:6

Reimbursements for brochure 

paid for by candidate expressly 

advocating election of other 

federal candidates; reimbursements received are not support of 

candidate paying for brochure, AO 

2004-37, 12:4

Candidate loan

– Millionaires’ Amendment application, AO 2003-31, 2:2

– repayment, AO 2003-30, 2:1

Compensation for part-time employment, AO 2004-17, 8:8

Debates, challenges, John Hagelin v. 

FEC, 4:11; 8:9; 10:3; 11:3

Donations from state campaign to 

charity, AO 2003-32, 2:4

Donations of personal funds to 

organization that engages in voter 

registration activity that is federal 

election activity, AO 2004-25, 

10:7

Foreign national’s participation in 

campaign committee events, AO 

2004-26, 10:8

Nonfederal fundraising 

– for nonfederal account of nonconnected PAC, AO 2003-37, 4:4

– for 527 organization, AO 2003-36, 

2:8

– legislative recommendation to 

clarify restrictions, 6:1

– regional party committee established by several state party committees, AO 2004-12, 8:4

Purchase of book by campaign committee, AO 2004-18, 9:4

Severance pay, acceptance of, AO 

2004-8, 6:4

Spouse’s excessive contribution, 

audit of Friends of Marilyn F. 

O’Grady, 5:14

“Stand by your ad” provision

See: Disclaimers

Travel, final rules, 1:19

Web service available for free, AO 

2004-6, 5:7

Withdrawal from Presidential 

Matching Payment program, AO 

2003-35, 2:7

Charity

Federal candidate’s 

– appearance in public service announcements, AO 2004-14, 8:6

– donation of excess funds from 

state campaign, AO 2003-32, 2:4

Federal officeholder/national party 

officer’s donations to organization 

that engages in voter registration 

activity that is federal election 

activity, AO 2004-25, 10:7

Matching program for contributions 

to SSF, AO 2003-33, 2:5

Matching program for contributions 

to SSF conducted by collecting 

agent, AO 2003-39, 3:10

Restrictions on party committee 

fundraising, donations, found constitutional, McConnell v. FEC, 1:1

Cheney, Richard B.

General election public funding 

grant, 10:17

Citizens United

AO 2004-30, 10:9

Clark, Wesley

Certified for matching funds, 1:22

Collecting Agent

Charitable matching program for 

contributions to SSF conducted 

by collecting agent, AO 2003-39, 

3:10

Failure to transfer contributions, 

MUR 5229, 1:7

Commercial Vendor

Commercial web site for earmarking 

contributions to candidates, AO 

2004-19, 10:4
Federal Election Commission RECORD Index 2004

4

Commissioners

Smith, Bradley

– Elected Chairman, 1:2

– Message from Chairman, 1:1

Weintraub, Ellen, elected FEC Vice 

Chair, 1:2

Compliance

Disclosure policy for closed enforcement matters and press release 

policy for closed MURs, 1:6

Enforcement profile examined, 1:6

Enforcement Query System online, 

1:6; system updates, 7:10

MUR 4818/4933: Contributions in 

the name of another and excessive 

contributions, 8:1

MUR 4919: Fraudulent misrepresentation of opponent’s party through 

mailings and phone banks, 6:2

MUR 4953: Party misuse of nonfederal funds for allocable expense, 

6:3

MUR 5197: Donations from Congressionally chartered corporations, 4:13

MUR 5199: Campaign committee’s 

failure to report recount activities, 

6:4

MUR 5229: Collecting agent’s failure to transfer contributions, 1:7

MUR 5268: Labor organization’s 

use of employee time in federal 

campaign activity and coerced 

contributions to federal candidates, 12:5

MUR 5279: Partnership contributions made without agreement of 

partners, 8:3

MUR 5328: Excessive contributions 

to and from affiliated leadership 

PACs, 5:1

MUR 5357: Corporation’s reimbursement of contributions, 2:1

MUR 5447: State party committee’s 

financial discrepancies and failure 

to pay allocable expenses from 

federal account, 10:17

Naming of treasurers in enforcement 

matters, proposed statement of 

policy, 3:4

Petition for rulemaking on naming 

treasurers in enforcement matters, 

3:4

“Reason to believe,” replacement of 

language, legislative recommendation, 6:1

Conduit

Exception for commercial fundraising firm from prohibition on 

corporate conduits, AO 2004-19, 

10:4

Conferences/Workshops

Conference schedule, 1:26; 2:13; 

2:15; 3:18; 4:18; 5:18; 12:10

Connected Organization

Name of SSF

– AO 2003-28, 1:20

– AO 2004-4, 5:7

Payment of administrative expenses 

of SSF

– AO 2003-29, 1:20

– AO 2003-39, 3:10

Constitutional Issues

BCRA substantially upheld, McConnell v FEC, 1:1

Contributions across state lines, alleged unconstitutional, Jim Sykes 

v. FEC, 4:12; 11:3

Electioneering communications alleged unconstitutional as applied 

to grass-roots lobbying efforts, 

Wisconsin Right to Life v. FEC, 

9:1; 10:1

Contributions

Across state lines, Jim Sykes v. FEC, 

4:12; 11:3

Ads that are coordinated communications result in in-kind contribution, AO 2004-1, 3:12

Amendment to definition, proposed, 

4:1; public hearing, 5:3; extension 

of Commission’s consideration, 

6:1; final rules, 9:1; 12:1

Attribution of portion of contributions received by regional party 

committee to state party committees that support it, AO 2004-12, 

8:4

Compensation to federal candidate 

for part-time employment not a 

contribution, AO 2004-17, 8:8

Connecticut convention counts as 

separate election for contribution 

limits, AO 2004-20, 9:5

Contributor authorization not necessary for Presidential candidate 

who withdraws from primary 

matching payment program after 

receiving contributions, AO 2003-

35, 2:7

Delegates to national convention, 

contributions by, 800 line, 7:1

Earmarked via commercial web 

site based on candidates’ support 

of position statements and other 

criteria, AO 2004-19, 10:4

Excessive

– from affiliated committees, FEC 

v. Friends of Lane Evans, 3:9

– from affiliated leadership PACs, 

MUR 5328, 5:1

– in-kind contribution of mailing 

list, alleged, Alliance for Democracy v. FEC, 3:8; 10:4

– resulting from partnership contributions made without agreement 

of partners, MUR 5279, 8:3

– various schemes to funnel funds 

to campaign, MUR 4818/4933, 8:1

Increase in limits for multicandidate 

PACs and indexing for inflation, 

legislative recommendation, 6:1

Minors, from, Notice of Proposed 

Rulemaking, 5:1

Partnership contributions made without agreement of partners, MUR 

5279, 8:3

Provision of funds from leadership 

PAC to authorized committee, 

final rules, 1:18

Office space contributed to five candidates and shared equally among 

them, AO 2004-36, 11:8

Spouse’s contribution from business, 

audit of Friends of Marilyn F. 

O’Grady, 5:14

Testementary trust, from, AO 2004-

2, 4:8

Use after principal campaign committee converts to multicandidate 

PAC, AO 2004-3, 5:5

Written notices to contributors required for funds received by nonfederal committee that becomes 

SSF, AO 2003-29, 1:21

48-hour notice of

See: 48-Hour Notice
Index 2004 Federal Election Commission RECORD 

5

Contributions, Prohibited

Corporate

– by corporation established by authority of Congress, AO 2003-36, 

2:8; MUR 5197, 4:13

– employee bonuses to reimburse 

employee contributions, MUR 

5357, 2:1

– funding for television series 

depicting fictional Presidential 

campaign not a contribution, AO 

2003-34, 2:6

– free and fee-based web services to 

federal candidates not a contribution, AO 2004-6, 5:7

– political committee that failed to 

register and report, acceptance of, 

FEC v. Malenick, 5:13

– professional corporation contributions, audit of Friends of Marilyn 

F. O’Grady, 5:14

– production and promotion of mock 

Presidential election not a contribution, AO 2004-7, 5:8

– sale of candidate’s book to campaign committee at discounted 

price not a contribution, AO 2004-

18, 9:4

– severance pay to former employee/candidate not corporate 

contribution, AO 2004-8, 6:4

– through affiliated committee, 

alleged, FEC v. Friends of Lane 

Evans, 3:9; FEC v. Malenick, 5:13

From foreign nationals, AO 2004-26, 

10:8

From minors, prohibition found 

unconstitutional, McConnell v 

FEC, 1:1

In the name of another

– various schemes to use straw contributors, MUR 4818/4933, 8:1

Labor union’s payment of employee 

salaries during work for federal 

campaigns, MUR 5268, 12:5 

Conventions

Final rules, effective date, 1:19

Public funding, adjustment to entitlements, 5:15

Repayment determination, challenge 

by Reform Party of the USA, 

O’Hara v. FEC, 6:6; 8:11

Repayment determination, lawsuit 

to collect funds, FEC v. Reform 

Party of the USA, 9:3

Rules for national convention delegates, 800 line, 7:1

Coordinated Communications

Ads distributed 120 days before 

election, AO 2004-1, 3:12

Ads referring to “Republicans in 

Congress” coordinated with Republican party, AO 2004-33, 10:12

Appearance of federal candidate in 

state ballot referendum ads, AO 

2004-28, 11:6

Challenge to regulations, ShaysMeehan v. FEC I, 11:1; 12:1

Public service announcements 

featuring federal candidate, AO 

2004-14, 8:6

Coordinated Expenditures

“Choice provision” of BCRA found 

unconstitutional, McConnell v 

FEC, 1:1

New rules removing “choice provision,” Notice of Proposed Rulemaking, 8:1; final rules, 12:3

Party limits for 2004, 3:15

Coordination

Alleged between 527 organization 

and campaign, Bush-Cheney ’04 

v. FEC I, 10:4

Among PACs, AO 2003-37, 4:4

BCRA definition found constitutional, McConnell v. FEC, 1:1

Corporation

Charitable matching program for 

contributions to SSF, AO 2003-33, 

2:5

Corporation established by authority 

of Congress 

– prohibited contributions to party 

committee, MUR 5197, 4:13

– may not make contributions to 

527 organization, AO 2003-36, 2:8

Disclosure of communications to 

restricted class, Akins v. FEC, 4:10

Reimbursement for contributions, 

MUR 5357, 2:1

Corrections

Listing, 6:7

Corzine, Jon

AO 2004-25, 10:7

Court Cases

_____ v. FEC

– Akins, 4:10

– Alliance for Democracy, 3:8; 10:4

– Bush-Cheney ’04 I, 10:4

– Bush-Cheney ’04 II, 11:4

– Citizens for Responsibility and 

Ethics in Washington, 11:5

– Cooksey, 8:11

– Cox for Senate, 3:4

– Hagelin, 4:11; 8:9; 10:3; 11:3

– Kean for Congress, 3:7

– LaRouche’s Committee for a New 

Bretton Woods, 6:7; 9:3; 11:3

– Lovely, 5:12

– McConnell, 1:1

– O’Hara, 6:6; 8:11

– Shays-Meehan I, 11:1; 12:1

– Shays-Meehan II, 11:3

– Sykes, 4:12; 11:3

– Wilkinson, 4:9

– Wisconsin Right to Life, 9:1; 10:1

FEC v. _____ 

– California Democratic Party, 4:9; 

8:10

– Dear for Congress, 8:10

– Friends of Lane Evans, 3:9

– Malenick, 5:13

– Reform Party of the USA, 9:3

Credit Union National Association

AO 2003-39, 3:10

Davis, Tom

AO 2004-14, 8:6

Dayton, Mark

AO 2003-31, 2:2

Dean, Howard

Requests withdrawal of certification 

for matching funds, 2:13

Debates

See: Candidates

Democrats for the West

AO 2004-12, 8:4

Diane Farrell for Congress

AO 2004-20, 9:5

Disclaimers

Failure to include 

– FEC v California Democratic 

Party, 4:9; 8:10

– Kean for Congress Committee v. 

FEC, 3:7
Federal Election Commission RECORD Index 2004

6

– MUR 4919, 6:2

“Stand by your ad” provision 

– for ad authorized by two candidates, AO 2004-1, 3:12

– ten-second live-read radio announcement, AO 2004-10, 6:5

Disclosure

See: Reporting 

Documentary Film

Film ads showing federal candidate 

are electioneering communications, AO 2004-15, 8:8; AO 2004-

30, 10:9

Exception from definition of electioneering communication for ads 

for political documentary, Petition 

for Rulemaking, 9:4

DollarVote.org

AO 2004-19, 10:4

Dooley for the Valley

AO 2004-3, 5:5

Edwards, John

Certified for matching funds, 1:22

General election public funding 

grant, 9:7

Election Administration

Voting system brochures available, 

1:23

Electioneering Communications

Ad featuring federal candidate is 

electioneering communication if 

aired in her district, AO 2004-33, 

10:12

Application of Supreme Court’s 

treatment of electioneering 

communications to definition of 

“political committee,” 4:1; public 

hearing, 5:3; extension of Commission’s consideration, 6:1; final 

rules, 9:1; 12:1

Book ads clearly identifying federal 

candidates, AO 2004-30, 10:9

Challenge to regulations, ShaysMeehan v. FEC I, 11:1; 12:1

Communications by PAC that otherwise meet electioneering communication criteria, AO 2003-37, 4:4

Definition and disclosure rules found 

constitutional, McConnell v. FEC, 

1:1

Documentary film ads showing federal candidate, AO 2004-15, 8:8; 

AO 2004-30, 10:9

Exception for ads for political documentary, Petition for Rulemaking, 

9:4

FCC database available, 3:3

Not electioneering communications

– broadcast of mock Presidential 

election, AO 2004-7, 5:8

– business ads, AO 2004-31, 10:11

– public service announcements 

featuring federal candidate, AO 

2004-14, 8:6

– television series depicting fictional 

Presidential campaign, AO 2003-

34, 2:6

Reporting, 1:9

Unconstitutional as applied to grassroots lobbying efforts, alleged, 

Wisconsin Right to Life v. FEC, 

9:1; 10:1

Elections

Definition, AO 2004-20, 9:5

See Also: Election Administration

See Also: Reporting

Electronic Filing

Senate committee filing, legislative 

recommendation, 6:1

Enforcement

See: Compliance 

Expenditures

Amendment to definition, proposed, 

4:1; public hearing, 5:3; extension 

of Commission’s consideration, 

6:1; final rules, 9:1; 12:1

Communications by PAC that otherwise meet electioneering communication criteria, AO 2003-37, 4:4

Communications by PAC that promote, support, attack or oppose 

a clearly identified federal candidate, AO 2003-37, 4:4

Delegates to national convention, 

expenditures by, 800 line, 7:1

See Also: Coordinated Expenditures

See Also: Independent Expenditures

Express Advocacy

Brochure expressly advocating federal candidates; reimbursement to 

candidate paying for brochure, AO 

2004-37, 12:4

Failure to disclose activity, Akins v. 

FEC, 4:10

Payment with nonfederal funds

– nonconnected PAC’s federal/

nonfederal communications, AO 

2003-37, 4:4

– party committee ads, FEC v. California Democratic Party, 4:9; 8:10

Facilitation

By labor union, MUR 5268, 12:5

“Fair Market Value”

Campaign committee’s purchase of 

candidate’s book at publisher’s 

“remainder copy” discount, AO 

2004-18, 9:4

Free and fee-based web services 

provided to federal candidates, AO 

2004-6, 5:7

Web site’s provision of fundraising 

services to candidates, AO 2004-

19, 10:4

Federal Election Activity

Allocation of salary by regional 

party committee established by 

several state party committees, AO 

2004-12, 8:4

Application of Supreme Court’s 

treatment of FEA to definition of 

“political committee,” 4:1; public 

hearing, 5:3; extension of Commission’s consideration, 6:1; final 

rules, 9:1; 12:1

Periods for 2004 elections, 3:1

Restrictions on state and local party 

committee use of nonfederal funds 

found constitutional, McConnell v. 

FEC, 1:1

Salary and compensation, legislative 

recommendation to aggregate staff 

activity by pay period, 6:1

Federal Election Campaign Act

Congress amends law to extend 

administrative fine program and 

expand safe harbor for timely filing, 3:1

Legislative recommendations sent to 

Congress, 6:1

See Also: Bipartisan Campaign Reform Act of 2002 (BCRA)
Index 2004 Federal Election Commission RECORD 

7

Federal Election Commission

Alternative Dispute Resolution 

Office

See: Alternative Dispute Resolution

Commissioners

See: Commissioners

Electronic Filing 

See: Electronic Filing

Legislative recommendations sent to 

Congress, 6:1

Office of Administrative Review

See: Administrative Fines

Office of Election Administration

See: Election Administration

Publications

See: Publications

Web Site

See: Internet

Federal Office Holder

Appearance in 

– documentary film ads, AO 2004-

15, 8:8 

– public service announcements, 

AO 2004-14, 8:6

BCRA restrictions on use of nonfederal funds found constitutional, 

McConnell v. FEC, 1:1

Donation of personal funds to 

organization that engages in voter 

registration activity that is federal 

election activity, AO 2004-25, 

10:7

Participation in nonfederal fundraising, AO 2003-36, 2:8; AO 2003-

37, 4:4; AO 2004-12, 8:4; legislative recommendation, 6:1

Federal Register

Notices, 1:18, 3:3; 4:3; 5:13; 8:3; 

11:13

Final Rules

See: Regulations

Fitzgerald for Senate Committee

AO 2003-30, 2:1

Foreign Nationals

Participation in political committee 

activities, AO 2004-26, 10:8

Prohibited from donating to 

– inaugural committees, Notice of 

Proposed Rulemaking, 5:1; final 

rules, 11:9

– nonfederal account of nonconnected PAC prohibited, AO 2003-

37, 4:4

Forms

See: Reporting

Fraudulent Misrepresentation

Legislative recommendation to expand scope of prohibition, 6:1

Scheme to deceive voters, MUR 

4919, 6:3

Freedom of Information Act

Citizens for Responsibility and Ethics in Washington v. FEC, 11:5

Friends of Joe Lieberman 

Committee

AO 2004-18, 9:4

Fundraising

See: Solicitations

Generic Voter Drives

See: Federal Election Activity

Gephardt, Richard

AO 2003-35, 2:7

Certified for matching funds, 1:22

Gore, Al

Repayment determination for 2000 

campaign, 5:15

Green Rainbow Party

AO 2004-9, 5:10

Hardy, David T.

AO 2004-17, 8:8

Horizon Lines Associated Good 

Government Fund

AO 2003-28, 1:20

Independent Expenditures

Aggregation of, AO 2003-40, 3:11

“Choice provision” of BCRA found 

unconstitutional, McConnell v 

FEC, 1:1

Failure to report

– FEC v. California Democratic 

Party, 4:9; 8:10

– Kean for Congress Committee v. 

FEC, 3:7

New rules removing “choice provision,” Notice of Proposed Rulemaking, 8:1; final rules, 12:3

48-hour notice of

See: 48-Hour Notice

Inaugural Committees

Notice of Proposed Rulemaking, 

5:1; final rules, 11:9

Internal Revenue Service

IRS 527 disclosure initiative, 9:10

Internet

Commercial web site for earmarking contributions to candidates 

based on their support of position 

statements and other criteria, AO 

2004-19, 10:4

FEC Web Site

– Enforcement Query System online, 1:6; system updates, 7:10

– new site unveiled, 10:18

Iowa Ethics and Campaign 

Disclosure Board

AO 2004-28, 11:6

Issue Ads

See: Electioneering Communications

See: Federal Election Activity

Joint Fundraising

Rules applied to fundraising by 

regional party committee established by several state party committees, AO 2004-12, 8:4

Kerry-Edwards 2004, Inc.

AO 2004-35, 11:8

Kerry, John

General election public funding 

grant, 9:7

Keyes, Alan

Repayment determination for 2000 

campaign, 5:15

Klein, Becky A.

AO 2004-17, 8:8

Kucinich, Dennis

Certified for matching funds, 1:22

Labor Union

Use of employee time in federal 

campaign activity; coerced contributions to federal candidates; 

failure to report partisan commu-
Federal Election Commission RECORD Index 2004

8

nications to restricted class, MUR 

5268, 12:5

LaRouche, Lyndon

Appeal of repayment determination, 

LaRouche’s Committee for a New 

Bretton Woods v. FEC, 6:7; 9:3; 

11:3

Repayment determination for 2000 

campaign, 5:15

Leadership PACs

Excessive contributions to and from 

affiliated leadership PACs, MUR 

5328, 5:1

Final rules on affiliation, 1:18

Legislation

Congress amends law to extend 

administrative fine program and 

expand safe harbor for timely filing, 3:1

Legislative recommendations sent to 

Congress, 6:1

Levin Funds

Challenge to regulations, ShaysMeehan v. FEC I, 11:1; 12:1

Restrictions found constitutional, 

McConnell v FEC, 1:1

Libertarian Party of Virginia

AO 2004-34, 12:3

Loans

Failure to disclose, audit of Marilyn 

F. O’Grady, 5:14

From candidate

– Millionaires’ Amendment application, AO 2003-31, 2:2

– repayment, AO 2003-30, 2:1

Major Purpose Test

For defining “political committee,” 

Shays-Meehan v. FEC II, 11:3

Proposed use to define “political 

committee,” 4:1; public hearing, 

5:3; extension of Commission’s 

consideration, 6:1; proposal not 

included in final rules, 9:1; 12:1

Triggering political committee registration, FEC v. Malenick, 5:13

Mail

Safe harbor for timely filing applied 

to overnight mail, 3:1

Mailing List

Excessive in-kind contribution, alleged, Alliance for Democracy v. 

FEC, 3:8; 10:4

Repayment determination for 2000 

campaign, overpayment for mailing list, 5:15

Matching Payment Act

Appeal of repayment determination, 

LaRouche’s Committee for a New 

Bretton Woods v. FEC, 6:7; 9:3; 

11:3

Audits

See: Audits

Certifications, 1:22; 2:13; 3:17; 4:15; 

5:15; 6:8; 7:8; 8:13; 9:8; 10:16; 

11:13; 12:9

Dean, Howard, requests withdrawal 

of certification for matching 

funds, 2:13

Repayment determinations for Presidential campaigns from 2000, 

5:15

Shortfall

– averting, legislative recommendation, 6:1

– February payouts, 3:17

– not expected for January, 1:23

Withdrawal from program after certification, AO 2003-35, 2:7

See Also: Audits

See Also: Presidential Election Campaign Fund Act

Matters Under Review (MURs)

See: Compliance

Media Exemption

Exemption from electioneering communication definition not applied 

to documentary film ads and book 

ads paid for by organization that 

is not a media entity, AO 2004-30, 

10:9

Mock Presidential campaign, AO 

2004-7, 5:8

Reality television series depicting 

fictional Presidential campaign, 

AO 2003-34, 2:6

Meetup, Inc.

AO 2004-6, 5:7

Membership Organization

Disclosure of communication costs, 

Akins v. FEC, 4:10

Metro Networks

AO 2004-10, 6:5

Millionaires’ Amendment

Candidate loan is expenditure from 

personal funds even if repaid, AO 

2003-31, 2:2

MTV Networks

AO 2004-7, 5:8

Nader, Ralph

Certified for matching funds, 7:7

National Committee for an 

Effective Congress

AO 2004-2, 4:8

National Fraternal Order of Police

AO 2003-29, 1:21

News Story Exemption

See: Media Exemption

NGP Software, Inc.

AO 2004-24, 10:6

Nominating Conventions

See: Conventions

Nonfederal Elections

Federal candidate/officeholder fundraising for, AO 2003-36, 2:8; AO 

2003-37, 4:4; AO 2004-12, 8:4; 

legislative recommendation, 6:1

Public service announcements 

featuring federal candidate not in 

connection with nonfederal election, AO 2004-14, 8:6

Restrictions on federal officeholder 

fundraising and spending for nonfederal elections found constitutional, McConnell v. FEC, 1:1

Nonfederal Funds 

BCRA restrictions found constitutional, McConnell v. FEC, 1:1

Federal candidate donations to charity, AO 2003-32, 2:4

Federal officeholder/national party 

officer’s donation of personal 

funds to organization that engages 

in voter registration activity that is 

federal election activity, AO 2004-

25, 10:7

Party committee misuse of, MUR 

4919, 6:2
Index 2004 Federal Election Commission RECORD 

9

Restrictions on fundraising by 

federal candidates/officeholders 

for state and local candidates, 

AO 2003-36, 2:8; AO 2003-37, 

4:4; AO 2004-12, 8:4; legislative 

recommendation, 6:1

Used by 527 organization to influence a federal election, alleged, 

Bush-Cheney ’04 v. FEC I, 10:4

Used for express advocacy communications, FEC v California 

Democratic Party, 4:9; 8:10

Nonfilers

Listings, 3:16; 4:13; 5:18; 6:7; 7:5; 

8:13; 9:4; 10:17; 12:6

Nonprofit Organization

See: Charity

Partnerships

Contributions made without agreement of partners, MUR 5279, 8:3

Party Committee

Allocation

See: Allocation

Campaign travel payment and timing, final rules, 1:19

Fraudulent scheme to defraud voters 

by posing as local committee, 

MUR 4919, 6:2

Levin Funds

See: Levin Funds

Increase in limits for multicandidate 

PACs and indexing for inflation, 

legislative recommendation, 6:1

National party committee payment 

for polling and research data generated with nonfederal funds and 

provided by state party committee, 

AO 2004-12, 8:4 

Retiring candidate’s transfers to state 

party committee, AO 2004-22, 9:6

Soft Money

See: Nonfederal Funds

Solicitation and donation restrictions 

for 501(c) and 527 organizations 

found constitutional, McConnell v. 

FEC, 1:1

State allowed to require disclosure 

of donations to nonfederal building fund, AO 2004-28, 11:6

State Committee Status

See: State Party Committee

Statistics

See: Statistics

Personal Use of Campaign Funds

See: Campaign Funds

Policy Statement

Disclosure of closed enforcement 

and related files, interim policy, 

1:6

Political Action Committee (PAC)

Affiliation

See: Affiliation

Allocation

– Proposed amendment to rules, 

4:1; Public hearing, 5:3; extension 

of Commission’s consideration, 

6:1; final rules, 9:1; 12:1

Campaign travel payment and timing, final rules, 1:19

Collecting agent’s failure to transfer 

timely contributions to SSF, MUR 

5229, 1:7

Conversion of principal campaign 

committee to multicandidate PAC, 

AO 2004-3, 5:5

Foreign national’s participation in 

committee events, AO 2004-26, 

10:8

Name and abbreviation of SSF, AO 

2004-4, 5:7

Nonfederal account, use of, AO 

2003-37, 4:4

Nonfederal committee’s conversion 

to SSF, AO 2003-28, 1:20

Statistics

See: Statistics

Voter registration and identification, 

allocation of expenses, AO 2003-

37, 4:4

Political Committee

Definition

– Bush-Cheney ’04 v. FEC II, 11:4

– FEC v. Friends of Lane Evans, 

3:9

– Kean for Congress Committee v. 

FEC, 3:7

– Notice of Proposed Rulemaking, 

4:1; Public hearing, 5:3; extension 

of Commission’s consideration, 

6:1; final rules approved, 9:1; 12:1

– Shays-Meehan v. FEC II, 11:3

Delegate committees, rules for, 800 

line, 7:1

Political Party

See: Party Committee

Presidential Candidates

See: Matching Payment Act

See: Presidential Election Campaign 

Fund Act

Presidential Election Campaign 

Fund Act

Bush-Cheney public funding grant, 

10:17

Final rules, effective date, 1:19

General election funding, 4:15

Kerry/Edwards public funding grant, 

9:7

Repayment determinations for Presidential campaigns from 2000, 

5:15

Repayment determination regarding convention payments, lawsuit 

to collect funds, FEC v. Reform 

Party of the USA, 9:3

Use of GELAC funds for recount 

expenses, AO 2004-35, 11:8

See Also: Audits

See Also: Matching Payment Act

Press Exemption

See: Media Exemption

“Promote, Support, Attack, or 

Oppose”

Applied to political committee 

status rules, Notice of Proposed 

Rulemaking, 4:1; Public hearing, 

5:3; extension of Commission’s 

consideration, 6:1; not included in 

final rules, 9:1; 12:1

Communication by PAC that 

promotes, supports, attacks or opposes a clearly identified federal 

candidate, AO 2003-37, 4:4

Definition of “federal election activity,” 3:1

Public Appearances

Listings, 1:27; 2:12; 4:12; 6:10

Public Disclosure

See: Reporting

Publications

Annual Report 2003, 6:10; 8:12

Brochures, updated, 5:18; 9:8

Campaign Guide for Congressional 

Candidates and Committees, 6:10

Campaign Guide for Political Party 

Committees, 10:18
Federal Election Commission RECORD Index 2004

10

Commission regulations, updated, 

5:18

PACronyms, 11:13

Selected Court Case Abstracts, 8:12

Voting system brochures, 1:23

Quayle 2000 Inc.

AO 2004-27, 11:1

Recounts

Failure to report activities, MUR 

5199, 6:4

Federal candidate/officeholder 

fundraising for, legislative recommendation, 6:1

Use of GELAC funds, AO 2004-35, 

11:8

Reform Party of the USA

FEC v. _____ , 9:3

O’Hara v. FEC, 6:6; 8:11

Regulations

Administrative Fine program extension, final rule, 3:1

Challenge to regulations implementing BCRA, 

– Bush-Cheney ’04 v. FEC II, 11:4

– Shays-Meehan v. FEC I, 11:1; 12:1

– Shays-Meehan v. FEC II, 11:3

Contributions by minors, Notice of 

Proposed Rukemaking, 5:3

Electioneering communication 

definition exception for ads for 

political documentary, Petition for 

Rulemaking, 9:4

Electioneering communications, 

FCC database, 3:3

Federal election activity periods, 3:1

Inaugural committees, Notice of 

Proposed Rulemaking, 5:1; final 

rules, 11:9

Leadership PACs, final rules, 1:18

Overnight delivery safe harbor, 3:1

Political committee status, Notice 

of Proposed Rulemaking, 4:1; 

Public hearing, 5:3; extension of 

Commission’s consideration, 6:1; 

final rules approved, 9:1; 12:1

Public access to materials from 

closed enforcement matters, Petition for Rulemaking, 3:4

Public financing of Presidential 

candidates and nominating conventions, correction and effective 

date, 1:19

Travel on behalf of candidates and 

political committees, final rules, 

1:19

Reporting

April reminder, 4:1

Connecticut Convention, 5:10; AO 

2004-20, 9:5

Delegates and delegate committees, 

800 line, 7:1

Due in 2004, 1:9

Failure to File

See: Administrative Fines

See: Nonfiler

October reminder, 10:1

Overnight mail considered timely 

filed, 3:1

Inaugural committees, Notice of 

Proposed Rulemaking, 5:1; final 

rules, 11:9

Increasing and indexing for inflation all registration and reporting 

thresholds, legislative recommendation, 6:1

Independent expenditures aggregating in excess of $10,000, AO 

2003-40, 3:11

In-kind contributions of office space, 

AO 2004-36, 11:8

July reminder, 7:1

Misreporting of financial activity, 

MUR 5447, 10:17

Reimbursements for attributable 

portion of costs of brochure with 

candidate advocacy, AO 2004-37, 

12:4

Special Elections

See: Special Elections

Virginia Convention, 5:10

Republican Governors Association

AO 2003-36, 2:8

Ripon Society

AO 2004-33, 10:12

Risleu for Congress

AO 2004-36, 11:8

Roundtable Sessions

Notices, 1:26; 3:18; 4:18; 6:10; 7:10; 

8:14; 9:10; 12:10

Rulemaking

See: Regulations

Russ Darrow Group, Inc.

AO 2004-31, 10:11

“Sale and Use” Prohibition

Applied to commercial web site’s 

proposed software package containing contributor information, 

AO 2004-24, 10:6

Separate Segregated Fund

See: Political Action Committee 

(PAC)

Sharpton, Alfred

Certified for primary matching 

funds, 4:16

Repayment determination, 7:8

Suspension of funds, 6:8

Smith, Bradley

Elected FEC Chairman, 1:2

Message from Chairman, 1:1

Soft Money

See: Nonfederal Funds

Solicitations

BCRA restrictions on solicitation of 

nonfederal funds found constitutional, McConnell v FEC, 1:1

By federal candidate/officeholder for

– 527 organization, AO 2003-36, 

2:8

– nonconnected PAC’s nonfederal 

account, AO 2003-37, 4:4

Charitable matching program for 

SSF, AO 2003-33, 2:5

Costs for charitable matching 

program for contributions to SSF 

conducted by collecting agent 

considered solicitation costs, AO 

2003-39, 3:10

Federal candidate’s solicitations may 

be used for ballot initiative, AO 

2004-29, 11:6

Foreign national’s solicitation of 

political committee contributions, 

AO 2004-26, 10:8

Funds received treated as contributions, final rules on political committee status, 9:1; 12:1

Publicity material for nonfederal fundraiser showing name or 

picture of federal candidate, AO 

2003-36, 2:8
Index 2004 Federal Election Commission RECORD 

11

Public service announcement 

featuring federal candidate not 

a solicitation in connection with 

federal or nonfederal election, AO 

2004-14, 8:6

Special Elections

Kentucky reporting dates, 1:9

North Carolina reporting dates, 7:9

Spirit Airlines, Inc.

AO 2004-32, 11:7

State Filing Waiver Program

States qualifying, 1:9

State Law

Marital property determination, 

audit of Friends of Marilyn F. 

O’Grady, 5:14

Required disclosure of donations to 

state party office building account, 

AO 2004-28, 11:6

State and Local Candidates

Communications by PAC that support both federal and nonfederal 

candidates, allocation of expenses, 

AO 2003-37, 4:4

Contributions of campaign funds 

from candidate no longer seeking 

office, AO 2004-3, 5:5

Contributions of campaign funds 

from candidate seeking office, AO 

2004-29, 11:6

Federal candidates/officeholders 

fundraising on behalf of

– AO 2003-36, 2:8

– AO 2003-37, 4:4

– legislative recommendation to 

clarify restrictions, 6:1

Restriction on activities in connection with federal elections found 

constitutional, McConnell v. FEC,

1:1

State Party Committee

Building fund, disclosure of donations to nonfederal account, AO 

2004-28, 11:6

Coordinated Party Expenditures

See: Coordinated Expenditures

See Also: Party Committee

Status as

– Green Rainbow Party, AO 2004-9, 

5:10

– Libertarian Party of Virginia, AO 

2004-34, 12:3

Statistics

Congressional financial activity, 

4:17; 7:6; 10:14; 12:7

Independent expenditures, 12:7

PAC

– financial activity, 5:16; 10:14

– semiannual PAC count, 3:17; 7:7; 

10:14

Party committee financial activity, 

5:16; 10:14; 12:7

Tax-Exempt Organization

See: Charity

Transfers

Collecting agent’s failure to transfer 

timely contributions to SSF, MUR 

5229, 1:7

From LLC PAC to affiliated nonfederal PAC, AO 2003-29, 1:21

From retiring candidate to state party 

committee, AO 2004-22, 9:6

New rules removing “choice provision” restrictions, Notice of 

Proposed Rulemaking, 8:1; final 

rules, 12:3

Restrictions on transfers by party 

committee for general election 

following coordinated or independent expenditures found unconstitutional, McConnell v. FEC, 1:1

Travel

Candidate’s payment for travel applies to Millionaires’ Amendment 

unless exempt from definition 

of contribution/expenditure, AO 

2003-31, 2:2

On behalf of candidates and political 

committees, final rules, 1:19

Tennenbaum, Inez

AO 2003-32, 2:4

Treasurers

Petition for rulemaking on naming 

treasurers in enforcement matters, 

3:4

Trust

Contributions from testementary 

trust, AO 2004-2, 4:8

Union

See: Labor Union

U.S. Navy Veteran’s Good 

Government Fund

AO 2003-40, 3:11

U.S. Oncology Inc.

AO 2004-23, 10:5

“Usual and Normal Charge”

See: “Fair Market Value”

Viacom, Inc

AO 2003-34, 2:6

Volunteer Activity

Foreign national’s participation in 

political committee activity, AO 

2004-26, 10:8

Payments for salary of campaign 

workers who agreed to volunteer 

services not a permissible use of 

campaign funds, AO 2004-27, 

11:1

Voters

See: Election Administration

Voting Systems 

See: Election Administration

Waters, Maxine

AO 2004-37, 12:4

Weller, Gerald C.

AO 2004-26, 10:8

Weintraub, Ellen

Elected FEC Vice-Chair, 1:2

World Wide Web

See: Internet

48-Hour Notice

Of contributions

– failure to file, Cox for U.S. Senate 

v. FEC, 3:4

– failure to file, audit of Friends of 

Marilyn F. O’Grady, 5:14

Of independent expenditures

– aggregation for reporting purposes, AO 2003-40, 3:11

“501(c) Organization”

See: Charity
FEDERAL ELECTION COMMISSION

999 E Street, NW

Washington, DC 20463

Official Business

Penalty for Private Use, $300

PRESORTED STANDARD

U.S. POSTAGE

PAID

FEDERAL ELECTION COMMISSION

Federal Election Commission RECORD Index 2004

“527 Organization”

Application of “major purpose test” 

to political committee status, Notice of Proposed Rulemaking, 4:1; 

public hearing, 5:3; proposal not 

included in final rules, 9:1; 12:1 

As political committees

– Bush-Cheney ’04 v. FEC II, 11:4

– Shays-Meehan v. FEC II, 11:3

Federal candidate/officeholder 

participation in fundraiser, AO 

2003-36, 2:8

Federal officeholder/national party 

officer’s donations to organization 

that engages in voter registration 

activity that is federal election 

activity, AO 2004-25, 10:7

IRS disclosure initiative, 9:10

Purpose of organization, AO 2003-

36, 2:8

Raising and spending funds to influence a federal election, coordination with federal candidate, 

alleged, Bush-Cheney ’04 v. FEC 

I, 10:4

Restrictions on party committee 

fundraising, donations, found constitutional, McConnell v. FEC, 1:1

800 Line

FEC rules for national convention 

delegates, 7:1