Volume 6, Number 2

THE FEDERAL ELEC-rION

COMMISSION

1325 KStreet N.W., Washington, D.C. 20463

February 1

•

FEDERAL ELECTiON CAMPAIGN

ACT AMENDED

On January 8, 1980, the 1979 amendments to the

Federal Election Campaign Act of 1971 (previouslv arnended in 1974 and 1976) became law (Public Law 96-187).

The amendments will reduce record keeping and reporting requirements and expand the opportunities for pol itical

parties to participate in federal elections. Generally, the

amendments will;

Reduce the number of reports required (See "1980

Reports," P. 4 ).

Reduce the number of contributions and expenditures

that must be individually itemized on reports by raising

to $200 the threshold for detailed information.

Reduce the amount of detailed information required for

itemizing disbursements.

Eliminate registration and reporting requirements for

authorized candidate committees with minimal campaign activity (less than $5,000 in annual contributions

or expenditures).

Eliminate altogether the candidate's responsibility for

reporting.

Reduce the amount of information required for registration.

Increase from $500 to $1,000 the exemption for volunteer activities undertaken on behalf of candidates.

Permit local political party units to engage in limited

federal election campaign activity without having to

register or report.

Permit party political committees to engage in certain

federal election activities without incurring a contribution or expenditure subject to the limitations.

Extend exemptions for individual volunteer services and

property, formerly limited to candidate-related activity,

to party-related activity as well. Establish a monetary

limit for such activity.

Permit anyone to request an advisory opinion concerning the application of the law to a specific transaction

or activity by the requester.

Reduce the required time for state officials to preserve

reports.

Permit political committees (other than authorized commlttees), when filing their state reports, to file only t

portion of the report that applies to candidates seek

election in the state where the report is filed.

Retain an individual's right to file a notarized compla

with the Commission; alter Commission enforcem

procedures.

To implement the 1979 amendments, the Commiss

must promulgate new Regulations by February 29, 19

The amendments provide that this first set of Regulati

may be prescribed by the Commission if neither House 

Congress disapproves them within 15 legislative da

rather than the 30 legislative days normally requir

(Subsequent Regulations, however, will be governed 

the 30-day rule.) The FEC is preparing additional inf

mational materials which will be sent to all Record s

scribers as soon as they are available.

PROPOSED REGULATIONS ON

CANDIDATE DEBATES

On December 27, 1979, the Commission submitt

to Congress proposed Regulations on the financing a

sponsorship of federal candidate debates. Previous can

date debate Regulations, proposed to Congress on June 

1979, were disapproved by the senate on september 

1979. After the Senate's disapproval, the Commission h

public hearings on October 23 and 24, 1979. (See Reco

December 1979, p, 2.1 The Regulations submitted by t

Commission on December 27. 1979, provide that:

1. Funds From Certain Organizations to Stage Nonpartis

Candidate Debates Are Neither Contributions N

Expenditures

The proposed Regulations exempt from the definiti

of contribution or expenditure funds spent by cert

nonprofit organizations and bona fide news me

corporations to stage nonpartisan candidate debat

Since the educational purpose of nonpartisan candid

debates is similar to the purpose underlying the A

exemption of nonpartisan voter registration and g

out-the-vote activities, the proposed Regulations prov

a similar exemption.

continu
The list below identifies all FEC documents whic

appeared in the Federal Reg;ster between December 1

1979, and January 7, 1980. Copies ofthese notices are no

available from the FEC.

In accordance with the Act, the proposed Regulatio

may be promulgated by the Commission if neith

House of Congress disapproves them with in 30 legislati

days of their submission,

COMMISSION PRESCRIBES CONVENTION

FINANCING REGULATIONS

On December 20, 1979, the Commission formal

prescribed new RegUlations that define the process b

which political parties may qualify for public funds 

finance their national nominating conventions. (For 

detailed summary of the Convention Financing Regul

tions, see Record, December 1979, p. 2.1

The Commission submitted the proposed Regulations 

Congress on October 26, 1979. The law stipulates th

proposed Regulations may be promulgated 30 legislati

days after their submission, unless either the House or th

Senate disapproves them before that time has elapse

This 3G-day legislative period expired on December 2

1979, without disapproval by either the House or Senat

The new Regulations were published, in their entiret

in the Federal Reg;ster on November 1, 1979. Technic

amendments were published in the Federal Register o

December 31, 1979.

44 FR 7713

44 FR 7673

44 FR 7713

44 FR 7673

Federal Register

Notice Title Publication Date Citation

1979·23 Multicandidate Political 12/27/79

Committee Index;

Announcement of

Availability

1979-26 Presidential Election 12/31/79

Carnpaiqn Fund; Federal

Financing of Presidential

Nominating Conventions;

Final Rule; Announcement

of Effective Date and Deletion of Existing Regulations

1979-24 Funding and Sponsor- 12/27179

ship of Federal Candidate

Debates; Transmittal of

Regulations to Congress

1979-25 Presidential Election 12/31/79

Campaign Fund; Federal

Financing of Presidential

Nominating Convention;

Correction

Broadcasters, newspapers, magazines and other periodicals are also permitted to use their own funds to stage

nonpartisan debates. Consistent with ordinary practice

and applicable Federal Communications Commission

(FCC) regulations, broadcasters may accept both regular

commercial advertising and underwriting by corporations and labor organizations to finance the broadcast of

debates staged or covered by the broadcaster. Similarly,

newspapers, magazines and other periodicals may accept

regular paid advertising in an issue wh ich covers a

debate, whether staged by the newspaper or another

entity. Broadcasters, newspapers, magazines and other

periodicals may not, however, accept direct corporate

or labor organization payments (other than for regular

commercial advertising) to finance the staging of

debates.

2. Certain Nonprofit Organizations and Bona Fide News

Media Corporations May Stage Candidate Debates

The proposed Regulations permit nonprofit orqanizations which do not endorse, support or oppose political

candidates or political parties to stage nonpartisan

debates. Specifically included are:

a. All organizations exempt from federal taxation under

26 U.S.C. §501 (c)(3). (Under the tax code, these

organizations are prohibited from participating in

or intervening in any political campaign.)

b. Any organization exempt from federal taxation under

26 U.S.C. §501(c)(4), provided it does not engage

in any political campaign activities.

The proposed Regulations also permit broadcasters,

bona fide newspapers, news gathering services, magazines

and other periodical publ ications to stage nonpartisan

candidate debates. The proposed Regulations define

"bona fide," and specifically exclude from that definition news media that are owned or controlled by a

political party, political committee or candidate, and

periodical publications which are house organs.

a. Include at least two candidates; and

b. Not promote or advance one candidate over another.

3. Debate Structure Is Left to the Discretion of the Staging

Organization

Rather than prescribing a precise structure for the

debates, the proposed Regulations specify only a general

standard. To be considered nonpartisan, a debate must:

4. Labor OrganizatiQns and Corporation.s May Contribute

to Nonprofit Nonpartisan Staging Organizations

In the same way that labor organizations and corporations are permitted to donate funds for registration and

get-out-the-vote activities conducted in conjunction with

a nonprofit organization, the proposed Regulations

permit them to donate funds to nonprofit, nonpartisan

organizations for the staging of candidate debates.

The RECORD ts published by the Federal Election Commission, 1325 K Street, N.W., Washington, D.C. 20463. Com- 

missioners are: Robert 0 .. Tlemen, Chairman; Max L. Friedersdorf, Vice Chairman; Joan D. Aikens; Thomas E. Harris;

john W. McGarry; Frank P. Reiche; J.S. Klmmitt, Secretary of the Senate,Ex Officio; Edmund L. Henshaw,Jr., Clerk

of the House of Representat;ves, Ex Officio. For more information, call 202/523-4068 or toll-free 800/424·9530.

2
•

ADVISORY OPINION REQUESTS

Advisory Opinion Requests (AOR's) pose questions

on the application of the Act or Commission Regulations

to specific factual situations described in the AO R. The

following chart lists recent AO R's, with a brief description

of the subject matter, the date the requests were made

public and the number of pages of each request. The full

text of each AOR is available to the public in the Commission's Office of Public Records.

and cooperate with the Kennedy Presidential campa

without creating a relationship between the Committee 

the Kennedy campaign committee. The facts presented 

the Committee do not suggest that the individuals invol

would simultaneously be officers or principals of two ac

committees raising funds for a federal election or that t

would become officers of the Kennedy campaign. Assum

that there was no coordination between Committee- 

sonnel and agents of Senator Kennedy before the Com

tee became inactive, and provided that no Kennedy c

paign personnel participate in the only activity cont

plated by the Committee (payment of outstanding deb

Committee personnel may participate as individuals in 

Kennedy campaign without effect on the Committee. (D

Issued: December 12, 1979; Length: 3 pages)

1979·80 Effect of relationships between 12/26/79 7

vendors employed by both a

candidate and a political comrnittee on political committee's

capacity to make independent

expenditures to defeat opponent

of same candidate.

1979-81 Candidate's reporting obligations 1/8/BO

for free use of state-owned

• faci Iitv for fu ndraiser.

1979-82 Transfers from authorized corn- 1/BIBO

mittee of candidate for federal

office to committee of another

candidate for state offil:e.

AD 1979-65: Relationship Between Inactive Draft

Committee and Authorized Committee

Officers and personnel of the Virginia Democrats for

Leadership and Commitment (the Committee), a draft

Kennedy committee which is inactive for all purposes

except debt satisfaction, may, as individuals, communicate

ADVISORY OPINIONS: SUMMARI ES

An Advisory Opinion (AO) issued by the Commission

provides guidance with regard to the specific situation

described in the AOR. Under the 1979 amendments to the

Act, any person may request an AO on a specific activity

which the person intends to undertake. The requester

will not be subject to any sanctions under the Act if he/she

acts in accordance with the opinion. Other persons may

rely on the opinion if they are involved in a specific activity

which is indistinguishable in all material aspects from the

activity discussed in the AO. Those seeking gu idance for

their own activity, however, should consult the full text of

an AD and not rely only on the summary given here.

1. Have the authority to nominate a Presidential candid

2. Express a preference for Presidential nominees b

formal primary ballot process; or

3. Select delegates to a national nominating conven

by a'forrnal primary ballot process.

FEC APPROVES ELIGIBILITY

OF TWO MORE CANDIDATES

FOR 1980 MATCHING FUNDS

The Commission has determined that both Lyn

LaRouche and Senator Edward Kennedy have establis

their eligibility to receive primary matching fund paym

for the 1980 Presidential primary election. Mr. LaRou

and Senator Kennedy established their eligibility 

December 18, 1979, and January 3, 1980, respectively. 

Commission's determinations followed a review by the F

Audit Division of the candidates' threshold submissi

With respect to the determination of Mr. LaRouche's e

bility, Commissioner Frank Reiche stated: "I am voting 

it solely on the advice of the Commission's counsel to 

effect that we should certify eligibility for matching f

payments unless we have found patent irregUlarities wh

suggest the possibility of fraud. Thus far, no such irregu

ties have apparently been found." Commissioner Thoma

Harris concurred with Commissioner Reiche's statement

The caucuses only select delegates to county convention

the political parties. The fact that the caucuses are 

an "election" has no effect on the application of 

contribution or expenditure limits. {Date Issued: Decem

21,1979; Length: 5 pages)

AO 1979-71: Committee's Pre-Election

Reporting Obligations

PASPAC, the separate segregated fund of the EI Paso C

pany, need not file a pre-election report for the Janu

1980 Iowa Presidential caucuses since its contributions 

Presidential candidate have already been disclosed 

previous PASPAC report and because the Iowa caucuses 

not "elections" under the Act. The Iowa precinct cauc

do not constitute an election under 2 U.S.C. §43

because they do not:

No. of

Pages

"14/80

1/10/80

12/19/79

Date Made

Public

1980-2 Reporting obligations of nonfederal committee for payroll

deduction contributions.

1980·1 Solicitation of agents paid on

commission basis for contributions to corporation's separate

segregated fu nd.

AOR Subject

1979-79 Effect of contemplated contributions on affiliated status

of committees opposing same

candidate.

•

3
INDEX TO

MULTICANDIDATE COMMITTEES

On December 15, 1979, the FEC released a new Index

of Multicandidate Political Committees. Notification of the

availability of the Index was published in the Federal Register on December 27, 1979. A "multicandidate committee"

is defined under the Act as a committee registered for at

least six months, which has received contributions from

. more than 50 persons and, except in the case of state party

'organizations, has made contributions to five or more

candidates for federal office. A muJticandidate committee

is permitted to contribute up to $5,000 to each federal

candidate, per election. Contributions made by any polltical committee affiliated with a multicandidate committee

count against that multicandidate committee's $5,000

limit.

The Multicandidate Committee Index contains two sections: party-related committees and nonparty-related

committees. It is based on a review of reports and statements filed with the Commission, the General Accounting

Office, the Clerk of the U.S. House of Representatives and

the Secretary of the U.S. Senate since April 7, 1972.

Committees which have met the qualifications for "multicandidate committee" prior to January 1, 1975, were

determined to have been qualified as of January 1, 1975,

the effective date of the 1974 amendments to the Federal

Election Campaign Act. In addition, the Index specifically

identifies the connected or affiliated orqanlzatlonts] reported by each committee.

The Index includes each committee's date of registration and the date it qualified as a multicandidate committee, either on its own or through affil lation with another

qualified multicandidate committee. The Index may be

used to verify the contributing committee's status as a

"rnulticandldate committee" qualified to give up to $5,000.

Notices of the availability of the next Index updates

will be published in the Record. Upon written request

and advanced payment of $4 per copy, the current Index is

available from the Commission's Office of Public Records,

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

FEC PUBLIC APPEARANCES

To provide information on campaign finance laws

and the FEC, the Commission regularly accepts

invitations to address public gatherings. This regular

column lists upcoming scheduled Commission appearances, the name of the sponsoring organization,

the location of the event and toe name of the Commission's speaker. For additional information on any

appearance, please contact the sponsoring organization:

2n Chamber of Commerce

PAC Seminar

San Francisco, California

Bill Loughrey, Assistant Staff Director

2/11 American Institute of CPA's

Training Conference on Federal

Election Compliance

Washington, D.C.

Chairman Tiernan

2/12 Capital Associated Industries, Inc.

Raleigh, North Carolina

Commissioner Aikens

1980 REPORTS

The charts on the following pages, which provide Win

dates for reports required during 1980, reflect the 197

amendments to the Act. Those familiar with the electio

law should note the following changes contained in th

1979 amendments:

1. The post-primary report has been eliminated;

2. Pre-election reports are required at an earlier date; an

3. Quarterly reports are due on the 15th rather than th

10th day after the close of the calendar quarter.

GENERAL ELECTION

FEC PUBLISHES NAMES

OF NONFILERS

On December 19,1979, the FEC published the names of

304 nonfHers who failed, under the Federal Election

Campaign Act of 1971, as amended in 1974 and 1976,

to file the required October 10 quarterly campaign finance

report. Nonfilers included federal candidates, their principal

campaign committees and other political committees from

43 states and the District of Columbia. Three political party

committees, composed of American citizens living abroad,

were also included among the nonfilers.

4

Date of Election:

Pre-Election Report

Closing Date of Books:

Mailing Date:

Filing Date:

Post- Election Report

Closing Date of Books:

Filing Date:

November 4

October 15

October 20

October 23

November 24

December 4
•

•

FILING DA,ES - 1980 REPORTS

PRIMARY ELECTION REPORTS 12·Day Pre-Election Report

CONGRESSIONAL

Mailing Date lif sent

?Date of Closing Date by registered or Filing

State Eleetion of Books certified mall] Date

°Afabama September 2 August 13 August 18 August 21

Runoff September 23 September 3 September 8 September 11

"Alaska August 26 August 6 August 11 August 14

*Arizona September 9 August 20 August 25 August 28

*Arkansas May 27 May 7 May 12 May 15

Runoff June 10 May 21 May 26 May 29

·California June 3 May 14 May 19 May 22

·Colorado September 9 August 20 August 25 August 28

"Connecticut September 9 August 20 August 25 August 28

Delaware September 6 August 17 August 22 August 25

District of Columbia May 6 April 16 April 21 April 24

"Florida September 9 August 20 August 25 August 28

Runoff October 7 September J7 September 22 September 25

*Georgia August 12 July 23 July 28 July 31

Runoff September 2 August 13 August 18 August 21

Guam September 6 August 17 August 22 August 25

*Hawaii September 20 August 31 September 5 September 8

"Idaho MaY 27 May 7 May 12 May 15

*llIInois March 18 February 27 March 3 March 6

"Indiana May 6 April 16 April 21 April 24

*Iowa June 3 May 14 May 19 May 22

* Kansas August 5 July 16 July 21 July 24

*Kentucky May 27 May 7 May 12 May 15

"Louislana September 20 August 31 September 5 September 8

Maine June 10 May 21 May 26 May 29

°Maryland May 13 April 23 April 28 May 1

Massachusetts September 16 August 27 September 1 September 4

Michigan August 5 July 16 July 21 July 24

Minnesota September 9 August 20 August 25 August 28

Mississippi June 3 May 14 May 19 May 22

Runoff June 24 June 4 June 9 June 12

5 continu
12·Day Pre-Election Report

Mailing Date (if sent

Date of Closing Date by registered or Filing

State Election of Books certified maill Date

*Missouri August 5 July 16 July 21 July 24

Montana June 3 May 14 May 19 May 22

Nebraska May 13 April 23 April 28 May 1

*Nevada September 9 August 20 August 25 August 28

*New Hampshire September 9 August 20 August 25 August 28

New Jersey June 3 May 14 May 19 May 22

New Mexico June 3 May 14 May 19 May 22

*New York September 9 August 20 August 25c August 2B

"North Carolina May 6 April 16 April 21 April 24

Runoff June 3 May 14 May 19 May 22

"North Dakota September 2 August 13 August 18 August 21

·Ohio June 3 May 14 May 19 May 22

"Oklahoma August 26 August 6 August 11 August 14

Runoff September 16 August 27 September 1 September 4

"Oregon May 20 April 30 May 5 May 8

"Pennsvtvania April 22 April 2 April 7 April 10

Puerto Rico May 25 May 5 May 10 May 13

Rhode Island September 9 August 20 August 25 August 28

"South Carol ina June 10 May 21 May 26 May 29

Runoff June 24 June 4 June 9 June 12

"South Dakota June 3 May 14 May 19 May 22

Tennessee August 7 July 1B July 23 July 26

Texas May 3 April 13 April 18 April 21

·Utah September 9 August 20 August 25 August 28

"Vermont September 9 August 20 August 25 August 2B

Virginia June 10 May 21 May 26 May 29

Virgin Islands September 9 August 20 August 25 August 28

"Wash ington September 16 August 27 September 1 September 4

West Virginia June 3 May 14 May 19 May 22

·Wisconsin September 9 August 20 August 25 August 28

Wyoming September 9 August 20 August 25 August 2B

"States holding Senate elections.

6
QUARTERLY REPORTS·

Filing Date land

meiling date if

sent by registered

Quartltr Close of Books or certified mell}

First March 31 April 15

Second June 30 July 15

Third September 30 October 15

Fourth [Year-End] December 31 January 31, 1981

-Quarterly Waiver: If a pre-election report is due within the

period beginning on the 5th day and ending on the 15th day

after the close of a calendar quarter, the quarterly report is

wail/ed.

MONTH LY REPORTS

..$.05 per page plus

$2.50 per half hour

of search time after

the first half hour.

contributions from individuals, groups and political

committees to other individuals, groups and political

committees which, in turn, make independent expenditures as defined by the Act. Plaintiffs also allege

that the challenged sections, Regulations, advisory

opinions and other written interpretations further

define the terms "contribution" and "pol itical

committee" -in unconstitutionally broad and vague

language.

Paper copies from microfilm

reader-printers $.10 per page plus

$2.50 per half hour

of search time after

the first half hour.

Paper copies reproduced by

Kodak, IBM and Xerox copiers

Transcripts of tape

recorded matter $3.00 per page.

Paper copies produced at lab

from microfilm $.10 per page.

FEC ESTABLISHES FEE SCHEDULE

FOR COMMISSION INFORMATION

On December 13, 1979, the Commission approved the

following schedule of fees for reproducing Commission

information for public use:

February 20

March 20

April 20

May 20

June 20

JulY 20

August 20

September 20

October 20

October 23

December 4

January 31. 1981

PeriDd Covered Filing Date

1/1 -1/31

2/1 ·2/29

3/1 ·3/31

4/1 - 4/30

5/1 - 5/31

6/1 - 6/30

7/1 - 7/31

8/1 - 8/31

9/1 - 9/30

10/1 - 10/20

10/21 - 11/24

11/25 ·12/31

Month

February

March

April

May

June

July

August

September

October

Pre-Electlon

Post-Election

Year-End

LITIGATION STATUS INFORMATION

The following is a list of new litigation involving the

Commission, together with the date the suit was filed,

the Court involved, the Docket Number and a brief description of the major issue(s) involved in the case. Persons

seeking additional information on a particular case should

contact the Court where the suit is filed or the Commission.

Record certification $2.00 per order.

Microfilm Index .....•.•.......$1.00 per reel.

Microfilm documents $10.00 per reel.

Multicandidate Committee

Index $4.00

•

Stewart Mott, R'honda Stahlman and the National Conservative Political Action Committee v. FEC, U.S. District

Court for the District of Columbia, Docket No. 79-3375,

December 17, 1979.

Plaintiffs challenge the constitutionality of certain

provisions of the Federal Election Campaign Act, as

amended in 1974 and 1976 (the Act), certain FEC

Regulations, certain advisory opinions, an informational letter and an opinion of counsel letter issued

by the FEC. Plaintiffs allege that the challenged

sections of the Act, Regulations, advisory opinions

and written interpretations by the FEC regulate

independent political activity in an unconstitutional

and unlawful manner by prescribing limitations upon

Index of Committee/Sponsor

or Sponsor/Committee $5.00 each.

Office Account Index $1.00

Advisory Opinion Index $2.50

Reports on Financial Activity

or Disclosure Series $5.00 per volume.

Presidential Financial Control

and Compliance Manual $7.50

continued

7
Date Made

Audit Public

1. Rick Tonry Campaign Cornmirtee

Tonry for Congress Campaign

Committee, LA/1 12/111

2. McCarthy '76 Michigan (Lansing Areal 12/141

3. National Committee for an Effective

Congress 12/141

4. Democratic National Committee, Travel

Escrow Account 12/16/7

5. Idaho State Democratic Central Committee 12/26/7

6. Connecticut Republican Federal Campaign

Committee 12/261

7. National Hepublican Heritage Groups

(Nationalities) Council 12126n

Requests for twenty or fewer

computer indexes

(A, B, C, D, E indexes or

variations thereof and G

index of a candidate or

committee) , .No charge.

Requests for more than twenty

indexes or a computer search of

the entire individual contributor

file for a particular individual

Lesser of:

1) $.0008 per CRU (Computer

Resource Unit) plus $.01

per page; or

2) where copies of existing

indexes can be made, the

charges specified in above

listing.

Computer tapes Determined at the

end of each twoyear cycle.

For additional information, contact the Public Records

Office, Federal Election Commission, 1325 K Street,

N.W., Washington, D.C. 20463; or telephone 202/523-

4181, toll-free 800/424-9530.

AUDITS RELEASED

TO THE PUBLIC

The Federal Election Campaign- Act, as amended (t

Act) requires candidates and political committees to fi

financial disclosure reports with the-- Commission. The A

also gives the Commission authority to audit campaigns 

all Presidential candidates who receive public funds and-t

reports of other candidates and committees. Final aud

reports are those that have been approved by the Comm

sion. Interim audit reports (designated by an asterisk f*) 

the list below) are those that have been discussed in 

open Commission meeting but have not been approved b

the Commission. Both final and interim audit reports a

available to the press through the Press Office and to th

general public through the Office of Public Records. Th

following is a chronological Iiining of audits releas

between December 10, 1979, and January 7, 1980:

FEDERAL ELECTION COMMISSION

1325 K STREET, NW

WASHINGTON, DC 20463

OFFICIAL BUSINESS

FIRST CLASS MAll

POSTAGE & FEES PAID

FEC

WASHINGTON, D.C.

PERMIT NO. G-31