March 1993

Table of ontents

Legislation

FECRecommend!' Changes 10

Election Law

Special Elections

Information on Upcoming Special

Elections

Courl Cases

3 FECv. People & Politics. Inc.

3 Advisor)' Opinions

Statis tics

4 1992 House: and Senate Campaigns

or GeneralElection Candidates

6 1992 Year-End PAC COUlll

9 Federal Register

Compliance

9 MURs Released 10 the Public

Publi cat ions

II Updated Brochures Availablc

12 Ind ex

Federal Election Commission

Legislation

FEC Recommends Change!

to Election Law

This year, in anticipation of

Congressional interest in campaign

finance legislation. the Commission

expedited preparation or irs 1993

legislative recommendations. On

January 26. the agency sent the

President and the Congress a comprehensive set of 63 recommendations,

the largest package it has ever

submitted. FEC Chairman Seon E.

Thomas said the Commission wanted

10 "suggest changesin the election

law which could improve public

di closure. remove unwarranted legal

burdens and strengthen enforcerneru-s-all to the benefit of the voting

public."

Recommendations of Special

Significance

In an accompanying lcuer. Chairman Thomas highlighted certain

recommendations asespecially

significant:

• Presidential Election Campaign

Fiaut. The Commission pointed out

mal, unlessCongress takes action.

me Fund wi ll experience a major

shortfall forthe 1996 Presidential

election, leaving primary candidates

without any public funding and

(continued 0 11 page 2)

Volume 19, Num

Special

Elections

Information on Upcoming

Special Elections

This article explains Ole repor

requirements for me special elec

listed below. It also provides info

tion on contributionand coordina

party expenditure limits for the

specials.

The following special election

have been announced:

• Ohio, 2nd Congressional Distri

replace the seal vacated by (he

resignation of Congressman W

D. Gradison. Jr.

Primaryejection: March 16

General election: May 4.

• Mississlppl, 2nd Congressional

District. to replace the seat vaca

by Mike Espy. who is now Sec

of Agriculture.

General election: March 30

Runoff election (held if no cand

wins a majority in the general):

April 13

• Wisconsin, 1st Congressional

Di trier, to replace the seal vaca

by Les Aspin, who is now Secr

of Defense.

Primary election: Apri l 6

General election: May 4

• Californi a, 17th Congressional

District, to replace the seat vaca

by Leon E. Panella,who is now 

(contin ued 011p
rrdt'rI/I 1:/n t;mr Crmrm;« i,,,, RECORn

Legislation

(r:omi l//I('dj n .",page IJ

genera l electio n candidat es wuh

than ibeir full entitlement.

• /I/{:nmplele COll l ributor lllj m lllllfirm,

The agency suggested that Congress

take strong me,e...ures against

commiuecs Ih:u fail to provide full

disclosure about their co,nribltlnl1;.

• "Soft M OIICY , " Soft money is

generally understood 10 ll1C<ltl funds

that do 1l0l comply with the federal

prohibiuons and limits on contribution'>, The recoouncndauon SII);.

ge...ted th~t Congress consider

placing rewiction..on the raising

and spending of "oft money.

• R.lIldmll Audits. Alrbough Congress

eliminated the FEC<; authority to

conduct random audit" in 1900. the

Comllli!»"",l suggested that Con.

gress rejn~ h: the pro i~)oo to

Fed eral Election Co mmtsslon

999 Ex treet, NW

W:l.. ~tu DC 2~'

l«n'-l:!·PJ5JO

2021219·3420

202I2 19-3336IT DDI

SCUll E. Thomas, Chairman

Trevor Potter, Vice Chairman

Jmllll). Aikl·ll.~. Commissioner

Lee Ann Ellinll. Cormuisstoucr

Daney L Mtl)(lnnld.

Commiestoner

J ohn Warn" McGarry.

Commis,..iOlll:r

Wulter J. Sle" "1l.r1. &'\.TCtary

of the Senate. ExOffi\.·in

Commi'isioner

l>Unn:t1d K••\ ndecson. Ck'rl.:

of the House.- of Rcpn:scntatives.

F..x OlTtcio COlllm s..~iOll

John C. Surina. Slaff Director

l.awrt1ltt M. Nublt.. General

Cuunsel

Published by Ihe Infonllillion

Di\'ision

LOlli..... U. Wides. DiI\.'('lor

St hanit' l~l'r.t1d r..diM

Blake I.anlte. Graphics Ad\'isor

I

prevent abuse t)f lhc law and 10

PJUITl(\(C voluntary compliance.

Recommenda tions to Simp lify

the Law

A number 01recomrnendorions

would simplify the law and ease

bunJenSOI11C requirements.Chairman

Thoma." listed the five I~ 'ii gnilicor a rcconun endarions In this gTUl'P:

• Slate Expenditure Limits. TIle

Commissio n recommended thnt

Congress clirnimuc the SLate expenduure limits for Presidemiat primary

candidmesreceiving public funds.

This change would remove a major

nccovruing burden for comminees

and an equally difficult audit task for

the agency but would not subsrantially affect the election process.

• Fwulmitillg !.iII/iI, For the same

reaSHn<;. the Commission recummended ttlm the ullllfili ~in limitfor

publicly funded primary candidate..

be combined with the overall

national limi\.

• \\tt,il'er Allllwrlh'. This rccommendation asked that Congress eliminate

unnecessary reponing by aurhorizing theCommission 10 waive reports

and adjusl filing requirements when

warra nted .

• £/('CI;OI/ Pn 'iod limit\', 111c Commission reconunended thar Congress

simplify the contribution limits for

candidates by applying a single limit

10 0 11 entire election cycle instead or

the current scparme limits for

prim al)' and general elections.

• Dijdaimf'l' ()f 111CCommis·

sion suggcst.;d that Congress

"illlplify the di..c1aimcr provision by

rt=quiring polilical cOOllOillee!> to

include <I disclaimcr on :til their

cOlil ica ion~ (0 till: £cna al

public .

Recommendations to Clarify

the UI\\

'TheCommi!>!> ion also :.ought

guidance from Conl!ress on eeruin

difficull and onlIO~ersi.:t ,; ue~ lhm

have emerged through the years..

Chnimlan lllom<.l!- listed w ille of

th rccommcndrttions:

• C(lIIditlale lradership PAC.t, Th

recommendation asked Congre...

deter mine wbc rber leade rship PA

shw ki he considered affiliated w

the cundidnes campaign comnu

end therefore subject to the same

contribution limirs.

• e mulit/me ',\ PC'n .nItt/1 u'n' (If

COI/lp'ligll Funds. The Cornrnico

recommended that Congress

dehucarc the extent of the banon 

candidate's person aluse of exces

campaign fund s and clarify whet

the b an applies J uring the campa

as well a.. after.

• V()/f/JI1f'C'J" Porticipation in E\ell/p

Pa,.ty A('t; l'ity, The Cc mmiwion

suggested rhm Congress clari fy h

much panicipauon by volunteers 

ncC(."<;'11)' in order for a party

acuvuy 10 be exempt frorn th(:

cor ur ibotion and coordio.ucd par

expenditure limits.

• Ntmpmfit Cor{HJl'lIt/om muf Exp

AtI" ' If."l/cy. The Commiss ion nskc

Congress 10 coo..ldc r lIlilk ing

:JI I)' chcoges thm would 

incorporate the Supreme Court

decision that permits cenam type

nonprofit corporation.. 10 make

independent expenditure". (Fel/i

Election Commission 1'. Ma.Had 

,\{'II.\' Citizensfor Life. I I/c .IThe

agency also asked Congress to

define "express advocacy." •
•

•

•

Court Cases

FEe v, People & Politics, lnc,

On December 7. 1992.lhe U.S.

District Court for the Dorner of

Minnesota di...mi....sed, with prejudice.

,h i) suit in which the FEe soug ht

injunctive relief and monetary ci vil

penelres. (Civil Action No J.91·5K8

(JMR).) Both panics in the hugauon

aerced III a dismissol giveurb.u o

People& Politics had virtually 11 0

funds. had ceased doing. business und

had initiated procedures 10 dissolve.

While neither the FEC nor the

defendant conceded its position 0 11 lhe

meril'i.lhey agreed lh:u :ltIy further

experduure of resources in the ij(,:(i lll)

wacnot wcrramed .

The FEe h:lll alleged llWI People

& Poluicshad mede prohibllW

corpor.ue comn bonoos i:ly d'';lribllling

16.000 free copies of il.. magazire. a

1988 voter guiJe, lo poliucal conmmrees and 10 candidate alit! conmuucc

agems. The Commiscion's pusition is

described in Advisory Opinion 9X~

47 , +

Advisory

Opinions

AO 1992·41

Solid ultion of Membfrs

Ttl.:Itl\ur<m<.:e Coalitionof AI\k:riC.l

(INCAI. a noJl ro Jilc~tion l1l ;lY

....,Iidl PACcontribulion, li \) l1l

memocrs who have aUlhun:lcd a

deduclion (If Ol\e dollar perl1llllllh

from lhe ... ,lIue of Iheir life insl1 r<l ll<:t

or annuily pnhcics. However. ghe n

INCA's one-dulbr-a-monlh :-lal"ldJrd,

member; who !XIY;)Ollt::-liIllC:)25 Ilx

onder 01 11;J ltem;lti\,e mcrnhcrmi p I~ ll

are ouly eligIble foJ' solicil:'ltiOll for 25

mnnlh, . Aftcr that. they woulJ no

lonli!cr meet one {lr Ihe' rcquiremel1 ls

for 71 snlid labht I1lcmbl.'r: l11 [jki ng

regular dues payrrems. Before

soliciting cornribntions. INCA musr

wan untilthe rlrs! dollar is deducted.

under lin: firsl plan. or until pa YITll:OI

is made. under lhe allenlalive plan.

An incorponned membership

ore::mi7alioll may -ohcn comriburions

10 i l" sepa...are scgrcgmcd fund (PAC)

from ils mdividnal membe r.... 2 U.S.c.

X 4 X ): II erR 114.7(. ), To

qualify as J solichoble member. an

mdividui1l lllu"l have "some relatively

enduring and mdcpcodenrly signiflcum fi nancial or organizauonal

anacbmcm." See Federa l Elec/ion

C IIIIIJ1li,(.l ioll I'. Nnliollo! Rif:hl l(J

Work ( 01111111111"£'. 451) U.S. 197.204

(1982). In determining \..hellier an

ol'ganiUtl iOII"S membership qUOl!ilie"

for -ohcuation. lhe Commissiooha..:

,on ~iJt: re wbctbcrthe lI'1(m1)er.;

howe (I) the rig;h! I" 1);H1 il;; p:t1e in the

governance of the organization and

(2) the oNigill101110 tk:lp !iO-'aain the

orga nil.:l.Iion lhrough regular IXlyrrerus of a amount. Sec, for

example. AD 19:{S·J9.

INCA's members ;l1 10 j" )'

ibe first Iactor because they have the

righl lOvole for the corporotiou's

<eovemine_.

hodv, Tbe deduction ofone

dollar a month Iromthc value of the

member s polk y (trflO,rnincd quarlerly to INCA by tile illsur;'lllt:e

pl'llvider) ;1\ fi the l1 f..le[or.

bllt tl1 c one-limc 11lcmocr>.h ip I'<eo or

:iJ25 docs 1l0t. ll1is $25 lifelimc

1l1t"11l1 )C ~hip pl<.lll is dlslinguishahle

from lhc situ:uion ill AQ 19R7-5,

Wlll:fC(;cn:lifl mellltle" llho:;e 65

year<; old (If older) who fwd paiJ JlI

f<V 10 1l" wert' gr.UHCtl it ctl~s tree

mel1lbcn.hip. Tlw: Cornnli~~ion

(;OfK;lu(k:d th.1! 1h<Kc melllbers hOld

mad,,' " 11 llb~ t;l lli ll l"inand ;lII.:OOllllil-

~rll ,uld thu rctaitlCO thei r sialII" a..

'iOlil"ilahle Illetnbcrs. My COlllr.\SI.

INCA require, ollly onc·

paymcnl of OJn in,ubs4anltal alllo\l~)i,

The $25 paytllCnt w(\uld be 11ie ,em

f(.K' snltt:ililbk memtxr.-hip staill" for

:!5 munlns. INCAt:O\l ld then either

Icncw lhe I11cl11hen.l1 ir ever)' 25

lIIonlhs lilr a $15 doll,u' paymcl1l or

implement ~o me l1l h~'r pktll tlmt

reqoires r-1yll'lClll 00 a regular "a~i

I!;UC h <IS S12 yearlydlles).

The campaign fmaOl:e law pre

cnde... simuhaocoos so!icil;\Iiot\s 

membership and for contriburjoos 

rhe orgamzauon's PAC. INCA,

therefore.should nOI begill 10!'vli

member until t he f r-,1deduction f

the policy or the firsr p ayment is

made Al that ponutbc member w

have metthe obhganon 10 pay du

Should ;I member withdraw autho

zaticn lorthe deduction or tail tn

111<1.kl: it periodic payment. that

individual could nOI be solicited u

or she resumed payment.

Dale Issued:January 8. 199.1 :

Length: 6 pages.

AO 1992-42

Ban k Deposit Lost in Iail

A holm. deposit 1H kd in Octo

1992 andccraaining len coruribu

checks 10 the Jerry Lewis for Con

res" Committee was ~t in the n

iI CtI on documt l1lal)()1) p1 oviJ...-

thi..specific case the Cornrniucc 

U'l:at tbe replacement checks it

receives in IC)lH '; l: onll hu l i ()ll 

the 11J92 ecncrat election rrnher t

for the 199 4 primary even though 

hilSno outsl.:lnch ng debts I'or the 

elcclion. llle' dunor':l mUSI design

their pl em~nl check:-; as <.:ontr

lions for the 1992 gencml ekctio

tlnd the Cornmince mU "1 receive 

'h ck Wi lhill a reasonable Lime ;

r~ei or lhe advisory opinion.

(Thirry d<.lYs would be considcred

.J (Jn ..blc.). If the origin..l ('hed;

luunJ . Ihe)' mu,( be returned 10th

cQOu;bulOrs.

FEe re::;ulaltolls require IhJI

COtllribulions b.:deposited within 

\1.J)'s of the ure ':- l'el.:eip\

I I CFR lOJ.3(a). In thisI.::l!oe .

Uoculllem<ltion rrtwided by lhe

Cllmrnillcc indiC:l!ed thClI illook

n:<l~on:lb step.; 10comply with 

deposit regulatK'm ,uK.! that the lo

ched' \\'''' beyond its control. T

COllllllincc sutlrniued copies of t

l.:hcckt. and lht:' deposil slip. repo

(Wlllilll/"d /II I p
Fedaa/ f lcc/ioll Conunlssion RECORD

Advisory Opinions

[continued from page J)

two of the comriburions in a ag-hour

notice. contacted the cor uriburors 10

verify thn t the checks were still

outsta nding and contacted the bank 10

confirm thai the checks had never

been received.

FEe regulations also require thar

post-election contributions nc r exceed

the committee's net debts for the

election. 11 CFR 110.1(b)(3)(iii) and

II O.2(b)(3](ii). In AO 1989·10.lhe

Commission said th;'\t a committee

could nor accept post-election

coornbotions 10 restore funds thai had

been embezz led by r.he treasurer.

Unlike that committee. the Lewis

Com minee lost (he checks before they

were deposited. and there was no

wrongdoing by committee staff.

111eCommission strongly suggested that the Comrrunee advise

donors to stop payment on the lost

checks. to prevent their deposit in the

Committee's account if they are

found.

Date Issued: January 15. 1993;

Length: 3 pages.

AO 1992-43

Preemption of SOIte Law's

Fundraising Restrictions

TIle Federal Election Campaign

Act preempts the fundraisjn g restrictions of a w ashington Stale law as it

relates to fundraising by stale legislators and their authorized federal

commiuees to retire campaign debts.

Stale Senator Tim Erwin may therefore raise funds to retire the campaign

debt of his 1992 federal campaign

committee without regard to the stare

law's time constraints on conducting

such activity.

Section I I of Initiative 134 (passed

by Washington State voters in

November 1992) prohibits state

officials or persons acting on behalf of

state officials or stale legislators from

raising campaign contributions to

retire debts during the following

period: one month before through one

4

month after a legislative session. The

prohibition is also in effect during

speciallegislative sessions. (For

purposes of this opinion. lhe Commission assumed milt section II was

meam to apply to debt retirement by

federal-ens well usstate-ecandidare s.)

The Federal Election Campaign

Act and the rules prescribed thereunder "supersede and preempt any

provision of Slate law with respect 10

election 10 Federal office." 2 U.S.c.

§453. The report of the House

Committee responsible for drafting

the provision slated: "federallaw

occupies the lield wilh respect

lo...hmirations on campaign expendirures. the sources of campaign funds

used in Federal races. [andl the

conduct of Federal campaigns...: '

H.R. Rep. No.93-1239. 93rd Cong..

Zd Sess. 69 ( J974). The Act's preemptive power over the regulation of

federal campaign finance activity

encompasses the receipt of comri bulions 10 retire federal campaign debts.

Although legislative history

suggests that Congress may not have

intended the Act to supersede state

laws regulating the political conduct

of stare employees (i.e.• "linle Hatch

Acts"). the Hatch ACI is aimed at

regulating. the conduct of Executive

Branch government employees. Such

laws are not aimed al elected legislators. whose jobs. of necessuy. contain

(I political element. Section II . insofar

as it relates 10 the behavior of slate

legislators and their authorized federal

campaign committees. is therefore not

a "Iinle Hatch Act" and is consequer uly preempted by the Act and

FEe regulations.

TIle Commission did nor express

any views on whether the Act would

preempt section t I as applied to other

types of slate officials and employees.

Date Issued:January 28. 1993;

Length: 5 pages. •

Marc

Advisory Opinion Request

Recent requests for advi sorv

opinions (AORs) are listed beiow

The full (ext of each AOR i..avai

for review and comrrcr uin the F

Public Records Office.

AOR 1993-2

Coordinated party spending limit

Texas special Senate runoff. (De

cratic Senatorial Campaign Com

tee: February I. 1993; J pages) +

Statistics

1992 House and Senate

Campaigns of General Elec

Candida tes

Spending by the Campaigns of

1992 House and Senate general

election ca ndidates jumped to S5

million, $ 113 million more than 

spe nt by 1990 campaigns during 

same period (Jan uary 1 of the yea

before the,election through 20 da

after the general election).The 19

campaigns raised $498 million fr

January I. 1991. lhrough Novem

23. 1992. and had $67 million in 

on hand.

The campaign activity of Hou

general election candidates show

marked increase in 1992 compar

with 1990. Receipts rose by 27

percent. and there was J 41 perce

increase in disbursements. Media

disbursemen ts of House challeng

tripled for Republicans and doub

for Democratic challengers. How

median disbursements of open-sc

candidates dropped 7 percent for 

Republicans and 14 percent for th

Democrats. These comparisons a

shown in tbe graphs on the oppos

page.

Comparisons of Senate activit

difficult because of six-yearterm

staggered elections and. this year

(co ll tin ued 01/pa
Federal Election Commission 

House Campaigns of Major Party Candidates in the General Election

Through 20 DaysAfter the Election

I. Con tributions , Disbursements, Cash on Hand and Debts

lillions of Dolla rs

350

300

_ 1990 Cycle ~ 0 candid

1992 Cycle (843 cand id

250

200

150

100

50

u

Coni r-iburions

from

Individual s

2. Median Disbursements"

Tho usands of Dolla rs

600

500

4110

300

200

100

o L...l._

Contr lbuttons

fr om

Other

ommluees I

Contributions

and Loans

from the

Cand ida te

Net

Disbursements s

Cas h on Hand

Democrats

_ Repu blicans

Debts

Open-Seat Ca ndida tes

1988 1990

Incum ben ts

1992 1988 1990

hallcngers

J992 1988 1990 1992

I "Otlrer Conunittees " include PACs (/1/(/ all adler conunittees that are not party committees.

I Condidates ill the 1990 election cycle contributed $2.49 /11 i/livlI and loaned $12.J7million tv their 0 11'1/ campaignsfrom their

personalfund s. The fi gnrcsfor candidates in the 1992 cycle are: 'O Il/ "; JI(l i IIS $6.0I I11iIfiIJl/: loans, $ 19.90 million.

,Net disbursements III C(/IIS totot disbu rsements minus transfersjrom other committees authorizrd by l it e candidate.

I Medialldisbursementsmetm . that(fI1 equa!III/mba of candidateshad activity above(/1/(1 be/oil'tI,e amountshown ill each bar.
I Gain or IO:H is net. Far f');(IfIl/'/{', tilt' KlIi ll o/ j(w/ cm pflm tf' P,\C, mt:am /1111/. ill ,hi,i

(rIIl'!fory. IIII' number vI IIt'1I1, ' ,-eJ; i~ lf' rf( f~t\ C\· exceeded ril l' 11111111'(;'1" a/tt't"lIIimur d

PACs by /our.

Number of PACs

December 1992

1992 Yea r-End PAC Counl

By December 31, 1992. lhe total

number or PACs registered with the

FEe had grown to 4.195, ,10 increase

anD PACs since (he last count was

taken in July 1992. See table below.

Th e number of PACs, however,

does not necessarilycorrespond with

fi nancial activity, since many PACs

have little or no activity. For example.

acc ording 10 their reports, 2J percent

of a ll mad e no cont ributions or

indeper uem expenditures between

January I, 1991, aud November 23,

1992. the closing date of their postelection reports.

Forstatistics on twice-yearly PAC

Counts taken since 1975, order the

FEC press release of January 29, Call

800/424-9530 (ask for Public Records)

or 20212 J9-4 140 . +

I-l>i.lf'1II1 Elrrtion C"",miIS;i)f/ RECORD

Statistics

(wllIiJllledjrul/i pllRr 4)

unusual occurrence of Iwo Senate

contests in California.

TIle increaxed finnucinl activity in

the 1991-92 election cycle may be

attri butable to an increase in the

number of House challengers and

open-seat races caused by Congression nl redismcring and se veral

incumbent departures.

A press release issued December

30, 1992, provides comprehensive

in form ation all 1992 House and

Senate campaigns based on their postelection reports. The release includes:

• Summary data all 19'-J2 activity;

• Data on each 1992 House und

Senate general election candidate:

• Comparisons of 1992 activity Wilh

activit)' in previou selection cycles :

and

• The top 50 House ccmpcigns and

the top SOSe nate campaigns in

various categories or ca mpaign

activity.

To order a copy of the release. call

&001424-9530 (ask for Public Records)

or 20212 19-4140.

PAC Category

C OrpOr.IIe'

Norconrec red

T mde/Membcrship/Health

Labor

Corporation without Capital Stock

Cooperative

1.735

1.1 . 5

770

J47

142

56

Gain/LossJ Since

Jul y 1992

+. + 54

+11

+.1

- 2

o

Marcil 

Special Elections

tcotuinurdfrmn ros« /)

Di rector of the Office of Menage

mem and Budget.

General election: April 13

Runo ff election (held if no candi

winsu maj ority in the general):Jun

• Texas, Senate election 10 replace 

sear vacated by Lloyd Ber nsen. w

is now Secretary of the Treasury

General election: May J

Runoff election (held if no candi

wins a majority in the general): d

to be announced after the genera

elec tion results have been counte

The Ohio primary was. announc

too late for the Record to provide

advance Halice of the repon ing da

However, candidates on the ballot 

that election were notified of the

reporting deadlines by moil.The

reporting dales for that election are

included in rte accompanying tabl

for infornuulou purposes.

If you have allYquestions on t h

information presented below, callt

FEe 800/424·95300' 20212 19·)4

Reporting by Candida te

Committees

Pre- mul Post-Election Reports

Principal campaign committees of

candidates on the ballot in a specia

election must file the appropriate

report or reports as shown in the ta

11' a candidate loses the first electio

and does nOI proceed (0 the next

election. there is no reporting requ

ment for the second election.

Note abo 111,,1 reporting is requ

only ifthe individual bus become 

"candidate" onder the Federal

Election Campaign Act. Candidate

status is triggered when campaign

activity exceeds $5.000 in either

contributions or expenditures. 2

U.S.c. §43 It2). Al tha! point. the

can didate and the principal campa

commiuee become subject to the

Act's registration and reporting

requirements. For rnore infbrmruio

see the Campaigll Guidefor Ol IK 

sianal Candidates IIlId Connntttees

(mil/ iI/lied 011pag

6
•

•

Mard i 1'J9J

Special Election Reports

Election

Oh io Primary. l\lan:h 16

Ohio Ge nera l. May 4

Mississippi Oencral, March .' 0

i\l ississippi Runoff. April IJ

Wisco nsin Primary, April 6

Wisconsin Ge neral, May 4

Cal ifornia General, April 13

California Runoff, June g

Texas General , i\.loty I

Te xas Runoff, to be announ ced

Semiannual Reports

F",taa' £/..f/iOlI COlilminiml RE

Clost' Reg./CcrL

Report of 800k.<; I Mailing Date z Filing Date

Pre-Primary February 24 March I March

Pre-General April 14 Apri l 19 April 22

Post-General May 24 June 3 June 3

--- ---

Pre-General March 10 Marcil IS March 18

Posr-Gencral' April 19 April 19 April 29

Pre-Runoff March 24 March 29 April I

Posi-Runoff May 3 May 13 May 13 -

Pre-Primary March 17 March 22 March 25

Pre-General April 14 Apri l 19 Apri l 22

Post-General MilY24 June :\ June 3

Pre-General March 24 March 29 April I

Post-General I May 3 May 13 May 13

Pre-Runoff May 19 May 24 May 27

Post-Runoff June 30 July 8 July 8

anti rVlitlyc.ar 4

- - - -

Pre-General April II April 16 Apli l 19

Posr-Ocneral' M<lY21 Jnnc I June I

----

Midyear" Year-EndI,June30

December J I

July31

JanuaryJ I , 1994

July 31

January .1 1, 1994

•

I TII(" c1mr <ljlNok\' it /11("(:'//lI I)[,he reponing f a im(. The I'eliml begins II/(.' dny Uf!I'I' IJ'I' du\'illR dille 11/ fhe IClw rep ort /i lell, IfIh

COIIII/liltc'c' i 5 tlCI\' fIIUI/lIlS111)1p''l''I'lolldv jilt-·,I u f C-INI1'I. ,11..fir JI 'C'JM'" 11111." em ·er (III (/('/il'II\' 111m (I( rnrred before " Ie c"<Nll/niuel'

re.t i.u<!r(',1(l1It1. i(I1PJlltnlbJe. beforr tlu: illf/il'ic!f/(/I I'tH III//' (I I cmdi,lf'IIc.

Re{J(}f{.f sent by tex is/ert'll (I ' t' /' f l lji ..tlll/ll illl!llSI h('(lo,\'ll/llIl'kl'll by lilts dme. Repor ts J'('1I1 by oilier IIICllllJ I/JI/.\I be receivedby ti l

filillR date.

'The'l IOS(·rt/lloD'rt.'llUrt Will thc' lII t.' '1"I'0r( may be n )lI/billl;',1 ifllre condnucd rrport rove rs "/OmS" JWI(' 30 and i!' Jilnl hy J

"" JIIlJ\nl ill fhl! fuhlf'. AIt.·mullI't'ly, II comminer 111m fite 1" '0 ~f'/"U(//t' reports:

J. P(I!I·RIIIW(j Repoll - do<c II/books: 1111/e 28: Ilwiling dare flildfifillf? date: 1111." 8

2. IHirlYe'a{ Report- close o/ buok.l': hme 30 trepan would coverjust two days. h.ne 211 end 31J): mailillg dme ondjilillt; dll le: J

.' A mit/Y{'(lr report mllsl b.:filelf hv aI/ HOII.\t.' lint! Sauuc com.ntnees and b l' ((1/PA Ct (Inri pIII'/r {' lll lll /1l'e .~ (l-,rcep l /lW/ll hl,l' /iler~

flU' case flf tIlt' Glli(urnill IWIIl.I/ elec tion. IIII.' m1cf.l'eor "1'1",,.t /l1lI)' be cumblru:d 1,-/111 Ihl" po)t· runnjf report {)'C'I ' / OO/IIUtt> 4/.

All commntees 1II1I.>tfilr (I \'(·II" .("II(/ I(:/,."t.
------ Ft'du (li f.'k('/u", Commission RECORD

Special Elections

(('(Jillioued from pagl' 6)

4X·Hour Notices. Pri ncipal

campaign comminccs must file 48-

hour notices on contributions of

$1.000ormore received after the 20th

cl ay. but more than 48 hours before.

the date of any election in which the

candidate participates. The notice

mUSI be received by the federal and

state filin z offices within 48 hours

after the c.'Hnpaign·s receipt of the

contribuuon? U.S.c. §434(a){6)(A):

II CFR 1045 (f).

This requirement applies to all

contributions of $1.000or more.

including;

.. M oneta ry and in-kind contributions:

.. Loans (other than bank loans);

• Guarantees and endorsements of

bank loans: an d

..Cor uri bntlons. personal loans and

endorsement!' of bank loans made by

the candidate. 2 tj.S'C. §4:l1{8XA);

11CFR lOO.7(a).

For information on [he conrem of

the notice. see I I CFR J04.5(f) and

the Campll;gl' Guide.

Midvear Reports. Because seminnnual reponing is required during an

off-election year. principal campaign

committees must file a midyear report

in addition 10 special election reports.

II CFR IO·t5(u)(2). However. for

committees participating in ute

California runoff election. the mldyear report may be combined with the

post-runoff report:see the reporting

table. previous page.

Reporting by Party Committ ees

and PACs

Semiannual Hiers. Party committees and AC Fi ling on a semiannual

(radier than monthly) basis are subject

to special election reponing if they

make previously undisclosed contributions or expenditures in connection

with a special election by the close-of.

books dale shown in the reporting

table. II CFR 100.5(c)(I)(;;) and (h).

For example. if a PAC made a

contribution on February 25 10 a

candidate rur ming in the Ohio

s

primary, the comminee would not

have 10 file a pre-primary report

because the conuibuti on was made

after February 24, the close of books

for the primary.Htbe comminec

made a general election contribution

to the same candidate on May 3, the

comminee would have to file a pregeneralelection report in which it

would have 10 d isclose both the

primary lind general election contributions.

Monttuv Filers. PACs nlin£ on a

monthly ba:::.is are nor required 10 fi le

pre- and post-special election reports

but may have to file 24 hour reports.

as explained below. See 2 V.S.c.

§434(, )(9).

24-Hour Reports on Independen t

Expendit ures

PACs (including monthly filers)

and orher persons making indcpendent expenditures in connection with

II "pedal election may have 10 file 24-

hour reports. This report is required if

the cormui uee or person makes

independent expenditures aggregating

$1.000 or more after the 20th day. but

more than 24 hours before. the day of

Ihe election. The report mUSI be moo

within 24 hours after the expenditure

is made. For more information, see II

CFR 100.4(b) and (cj and 104.5(g l.

See also"Where 10 File" for special

filing requirements.

Where to File Reports

Filing with Ille Fedeml omc«

Principal campaign committees tile

reports and -ig-Iour notices with Ihe

Clerk of the House of Representatives

or the Secretary of the Senate. as

appropriate. Other committees file

reports with the FEC (except that

those supporting only House candi -

dates file with the Clerk of the House

and those supporting. only Senate

candidates file with me Secretary of

the Senate). 11 em Part lOS.

Twemy-fonr-hour reports all

independent expenditures arc filed

with the Clerk of the House (for

expenditures supporting or opposing

House candidates) or with the

M(II"(. h 

Secretary of the Senate (for expend

rurcs supporting or opposing Sena

candidates).

Addresses and further filing

infonuauon are provided in tile Fo

.3 and Form 3X instructions.

Filing with State Offices. Copie

all reports and notices. including 4

hour notices and 24-hour reports. mUMsimultaneously be filed with 

appropriate stare election offi ce lis

below. Party committees and PAC

need file only that portion of the

report applicable to the candidate

seekina election in that stale (e.g.. 

Summary Page and the schedule

showing the contrib utio n or expen

tore). 2 U.S.c. §439(a X2)(B).

• California: Political Reform Divi

sion. Office of the Secretary of

Slate. P.O. Box 1467. Sacrament

CA 95812- 1467.

..Mississippi: Office of the Secreta

of State. P.O. Box 136. Jackson. 

39205.

• Ohio: Elections Division, Office 

the Secretary of Stare. 30 East Br

Street. 14th Floor, Columbus. OH

43266-0418.

• Texas: Ethics Commission. P.O.

Box 12070. Capitol Station, Aus

TX 787 11.

..Wisconsin: State Ejections Board

132 East Wilson Street. Jrd Floo

Madison. WI 53702.

Cont ribution Limits

There is a separate contribution

limit for each special election in

which a candidate participates:

primary. general or runoff. I I CFR

11 0 .1G)(I) and 11 0.2(;)(I).

Coordinated Party Expenditure

Limits

The national committee of a

political parry has a coordinated pn

expenditure limit for expenditures

made in connection with the gener

election campaign of a candidate

affiliated with the party.

In each starewhere a special

election is held. the state party

commince also has a coordinated

party expenditure limit for the part
•

•

•

Mar"h /903

ca ndidate in the general election. The

state comminee's ..pend ing limi' is

separme from the national commitlee's limit. I I CFR I IO.7(b)( t ),

House Seals. lnthc five stares

holding special elcctions. fhe 1993

coordinated p arty spending limit for a

general election House candidate is

$28.460. Thisfigure is based on the

fonnula used for slates with more

tha n one Represent ative: $10.000

multiplied by the COSt of living

adjusrmeru (COLA). The /992 COLA

(used ro calculate 1993 spending

limits) was 2.846. as certified by the

Secretary of Labor. 11 CFR

JJO.7(b)(2)(;;) and IJO.9(cl.

Texas Senate Seal. The coordinatcd party spe nding limit fo r the

TexasSenate election is based on [he

following formula: 2 ceruslimesthe

1992 Texas voting age population

(VAP), multiplied by2.846. the 1992

COLA. II CFR 1IO.7(b)(2)C;)(AJ and

11 0.9(c ) and (d). The spending limn

could nor be published in this issue

because the Secretary of Commerce

had nOI yet certified lhe 1992 Texas

VAP. For further lntor mation. call the

Commission.

RUlloff E'er/ions. With respect to

the possible runoff elections in

Mississippi. California and Texas.

Commission precedent since 1983

indicates that there is no separate

party spending limit fur the runoff

beca use it is considered a continuation

of the first election and not a separate

general election. AO 1983-I6. The

Commission was recently asked 10

review this precedent in Advisory

Opinion Request (AOR) 1993-2.

which was submitted by the Democratic Senatorial Campaign Committee. TIle AOR seeks guidance on

whether there is a separate coordinated party spending limit for the

Texas runoff. The Commission is

expected to consider this matter on

February 25, too late for inclusion in

this issue of the Record. For infcnnauon, call the FEe.

Prohibition on Transfers

from Nonfcderal Campaigns

Campaigns of candidates participating in the special elections should

be aware that (J new rule prohibiting

transfers from nontederut campaigns

to Iederat campaigos il'> currently

before Congress for legislative

review. 111e Commission expects Lh e

new rule 10 go into effect in late

Marc h or early April. See page J of

the January 1993 Record for a

discussion of how this rule will apply

10 transfers in the 1994 election cycle,

including 1993 special elections. +

Federal Register

Copies of Federal Register notices

are avail,lhle from the PublicRt'l:.Xlllk

ornee,

1993-1

II CFRP:u1 J10:Transrcrsof Funds

fromState to f ederal Campaigns:

Final Rule and Rctrunsmiual 10

Congress(58 FR3474,January 8.

1993)

199.l·2

II CFR Part 104: Rccordkeeping

and Reporting: by Polilical

Committee..; Best Efforts; Notice

of Public Hearing (58 foR 4110,

January 13. 1993)

J993-3

II CFR Part201: Ex Pane Communications: Noticeof Public Hearing

(58 FR6875, February3,1993)

1993-l

Filing Dates for the Ohio Special

Elections (58 FR 7230. February 5,

1993)

1993-5

filing Dates forthe Texas Speciul

Election (58 FR 7785, February9,

1993)

.993-6

Filing Dates for the Mississippi

Special Election (58FR8052,

February II, 1993)

Fe ~af F./ecliol l ('1"11/11;.1'.1;"'1 R

Compliance

MURs Released to the Pub

Listed below are FECenforc

cases (Matters Under Review or

MURs) recently released for pu

review. The list is based 0 11 the 

pres~ releases ofJanu ary 8 and 2

February 3. 1993. Files on close

MURs are available for review 

Public Records Office.

Unless otherwise noted. civil

penalties resulted from conciliat

agree ments reached between the

respondeusand ibe Commissio

M UR 1658

Respondents: 1984 Victory Fu

Vincent G. Downing. treasurer

(fonnerly known as 1982 victo

Fuod) (N Y)

Co mplainan t: FEC initialed

Subj ect: Corporare/lator conrn

lions: Iailure 10 file reports on ti

Disposition: U.S. District COUll

DefaultJudgment: $5,000 civil

penahy (linal court action occur

(986)

MUR J847

Respondents: New Re pub lican

Victory Fund, Charles R. Black

treasurer (VA)

Complainant: FECinitiated

Subject: Failure 10 file reports o

time

Disposition: U.S. District Cour

Conse nt Order: $2,350 civil pen

(final court action occurred in 1

MUR 1886

Respondents: Mid-America Co

va tive Political Action Com mitt

Leroy Corey, treasurer (tA)

Compl ainant: FECinitiated

Subject: Failure 10 file reports o

lime

Disposition: $750 civil penalty 

was closed in 1986)

M UR 1903

Respondents: Jimmy Caner Co

mirtee for a Greater America, C

Carter, treasurer (GA)

tcansinued (>/1 pa
FtJeral Eltt',wll (il1l1n1i.ui..., NECORD

Compliance

(cflmi,Ill('d j roJII/)(Ige 9)

Compla tnant: FEC initiated

Subject: Failure to file repons on

lime

DisposulcruU.S. District Court

Consent Order: 5250 civil pcnilhy

(final court action occurred in 1986)

MUIl 211 2

Respondents (till in t.1E):

(al Chipman C. Bull for Congress.

Denise M. Deshane, treasurer:

(b) Chipman C. aun. (e) J. Gregory

Freeman; (d) Severin M. Beliveau;

(c) Michael J. Gentile

Complaina nt: Key Bank of Eastern

Maine

Subject Campaign loans

Uisposition : (a) U.S. District Court

Jodgmern: SI8.H7.50 civil peoclty

against cornmmee: S50n civil penalty

against treasurer; (b) no probable

cause; (c) .$250 civil penally: (d) S250

civil pen.lil y; (e) $250 civil penally

(fillol coon aetioooccum::d 1111 990,

~IU 22115

Respondents: (a) American Fcderation of Stale. County and Municipal

Employecs·P.E.O.P.L.E., QU<llj fj eu.

william Lucy. treasurer (DC);

(b) Francis McCloskey (IN,;

(c) McClo!'>key for Congress Commitlee. BettyMerriman.rrecsurcr

(d) National Rural Leuer Carriers

Association PAC. Frank Newham.

treasurer (DC)

Complainant: Bernard BlackSchaffer (IN)

Subject: In-kind contributions:

inaccurate disclosure; excessive

comribouons

Disposition: (a l U.S. District Court

Final Judgment S1.OOO civil penally;

(b) no rea..on to believe: (e) $300 civil

penalty: (d)(I) reason to believe but

look 110 funber action (insccunuc

disclosure): (d)(2) no reason to

believe (cxces..ive coraribunonj {fina l

co urt action occurred in 199I)

MUR 2553

Rcspcndems: Californians for a

Strong America PAC. Alben Cook.

treasurer (CA)

/(I

Complainant: FEe initialed

Su bject: Failure to file reports on

time

Oisposilion: U.S. District Coon Final

Order:SI5.(XX) civil penalty (final

court action occurred in 1988)

MUR284 1

Respondents: (a ) &I Jenk ins for

Conercss Conuniuee. Hollis Lathem.

lrea;urcr (GA): (b) Gephardr for

President Commiuee. S. Lee King.

treasurer(MOl

Complainant: FEC initialed

Subjec t: Independent expenditures

Disposilion: (a) $5.500 civil penalty:

(b) reason to believe b UI look no

further ncuon: se nt admo nishme nt

lener

MUR 2982

Respondents: (a) EN Texas First

Pcluical Action Comr mnee and

treasurer: (b) Jim Chapman for

Congress. Nancy J. Rocks. treasurer

fTX); (c ) Democratic Congressional

Campaign Conuniuee. Le...hc C.

Francis. treasurer (DC)

Com plainant: Fred Meyer. Slate

Chairman. Republican Party of Texas

Subject: Independent expenditures

Disposition: (;l)-(cl Reason 10 believe

bur rook no further action

MUR 3007

Respond ents (in PA unless otherwise

noted): (a) Edward E. Kopko:

(b) Debra Kopko; (c) Deborah Smink:

(d) Joanne O'Toole: (e) Irene

Bcrersky; (n Janet Smith;

(g) Marcella Kopko: (h) James

Yacobacci; (i) Tami Poslosky;

(jl Franklin Fetter: (k)Joseph Geles:

(I) Henry Tmscn: (m) David w eruz;

(11 ) Haig [Of Presidcm. Dominic J.

Sarceno. treasurer (VA )

Comp lainant: Edward E. Kopko

(PAt

Subject: Conmbutior e made in the

namesof ot hers

Disposition: (a) tj .S. District Coun

Stipulation and Order: $ I,SOOcivil

penalty:(b) reason to believe bUI look

no further <le iion: (c)·(m) $:!50 civil

penally each: (n) rejected General

Counsel's recommendation 10 find

reason 10 believe (final court acuoo

occurred in 1992)

MUll 3015

Respondents: (OIl Michael Caulder

(PA); (b) Alerted Democratic Mcjo

ity. William W. Baroff. treasurer (P

Complainant: Ak rtcd Democrrulc

Majolil}'

Subject: Commingling campaign

funds with personal funds: inaccura

disclosure

Disposition: (a) U.S. District COlin

Final Consent Order: S I03,200 civ

penalty (all bUI$3.000 suspended b

court);(b) reason lU believe but too

no further action tfl nal COUll action

occurred in 1992)

"-JUR J.:I29

Respondents: Nita Lowey (or

Con gress. Aaron Eidelrnan. rrcn...ur

(N Y)

Com plainant: FEC iniu.ued

Subject: Exces......ive comn borions

Oisposition: $.l.500 civil penahy

MUR3514

Respondents: (a) Chandler '02. G

W. Sergeant, treasurer (\VA);(b)

Congressman Rod Chandler (\VA )

Compla inan t: Stanley J.

Trolurnovich

Subject: In-kind contributions

Disposition: (a)-(b) No reason 10

believe

lU 3595

Respondents: (a)The Carpenters

Legislative tmprovemcm Commiu

James S. Btcdsoe.ueasurer (CA);

(h) The Lo.. Angeles District Coun

of CitJ"PCn1e,..,lC Aj

Complainant: Referral from U.S.

Department of Labor

Subject: Failure to forward conm b

tions

Disposition: (il) SIO.OOO civil

penally;(b).'it 10.000 civil penalty

i\1UR 3hl l

Respondents (all ill VI): (a) Hono

able Ron de Luge; (b) ROll de Lug

Congressional Commiuee. David

Hamilton. treasurer; (e) Ralph de

Chabcn: (d) Mario de Cbabert:
Brochure Order Fonn

Send your order to: Fed eral EIL'4,.'OOIlCommission

Information Division

99<) Ii Street. NW

Washington. DC 20463

~----------------------

Intended as an introduction 10 

law and Commission resources. 

brochure is usefullor students an

e thers who wanl general inform 

wuhout the technical derail. The

brochure also provides a useful 

other agencies 10 " III for intornu

un election-related topics such a

voring, I;l X questions and telepho

solicirarions.

Born versions of the updated 

chore are available 10 large qoan

The second brochure coven; t

federal prohibitionsthat apply to 

and local election activity and al

discusses federal preemption of 

law, citing numerous advisory

opinions.The updated version

incorporates ad visory opinions i

since the 1984 edition.

Use the lonn below 10 order 

brochures. ...

F,.d"r,,1£/"<"/I' l/! ('(mll/m,liml /(£

Upda ted Brochures Availab le

111e Commission recenny updated

two brochures:

I . The FEe and 1/1l' Fer/end CamfJlliJ;/I Finance Lilli'

2. S/(I/(' oml u ln t! EIC'C'rivlIs IIl/d file

Fnlem l CWIIIN,igll Fill(//If"e Law

The lirsl brochure. published in

both English ;JIlUSpanish. provides.

and overview u l" thc Commission nnd

the election law. It briefly summarizes

the three major elements of the law:

puhlic disclosure of campaign fi nance

mfor mauon: the restrictions on

contributions and expenditures: and

lilt Presidential puhlic funding

program. It also gives a short history

ofthe law and describes the FEC" s

functions.

Publications

MUll 3645

Respondents (all in AZ): (il) Phoenix

Magazine: (b) Arizona Business

Gazene: (c) Today'S Arizona

Woman: (d) ClaireSa rgent for U.S.

Senate Campaign. Archie wa lker.

treasurer

Complainant: Richard E. Schnhkey

iAZI

Subject: N~ ws articles

Disposition: (aHdJ No reason to

believe ...

MUll .1640

Responden ts : (il) President Bush;

(h ) Bush -Quayte '92 Ge neral COIllmiuee. Inc..J. Stanley Huckaby .

trenserer (DCI

Complainant: Rabbi Kenneth D.

Roseman (T X)

Subject: Federal government paymem of Rosh Hashanah greetings

Icncr Irom me President

Disposition : (R)-(b) No reason to

believe

(e) Leon Hess:(0 Espcrnnza Developmcut COnJlJJny

Complainant: Victor O. Frazer (V])

Subje ct: Excessive coruribuncns:

improper disclosure

Disposltlon: (il) no reason [ 0 believe:

(b)( I) reason (0 believe bintook Il l)

further action (contributions and

disclosure): (bJi. 21nu reason to

believe (other allegation s): (c)-(e) no

reason to believe; (l) reason to believe

bUI 1\lul.. no furthe r action

•

•

Th e FEe nnd the Federa l ll1 plli~1I Finance Law

No, or Copi

No. of Copi

1...;1Ley Federal relanva .11Ffnanciamlento cit' (;,s CU Ill I~l iias -,--,--,-_-

Sta te WId Local ElecliUllSlind lhl' Federal Campnign t.aw

No, of Copi

Name

Orgentaeuon

Addrcs.s

Cily State Zip Code
Federal Election Commission RECORD

Index

The first number in each citation

refers (0 the "number" (month) of the

1993 Recordissue in which the article

appeared. The second number, following the colon, indicates the page number in mm issue.

Advisory Opinions

1992-38: Loan from Presidential

campaign's legal and compliance

fund to public funding account. 1:6

1992-40: Commissions earned by

state party committees. 2:5 ...

1992-41 : Solicitation of members, 3:J

1992-42: Bank deposit lost in mail.

3:3

1992-43: Preemption of state law' s

fundraising restrictions, 3:4

FEDERAL ELECTION COMMISSION

999 E Street, NW

Washington. DC 20463

Official Business

12

Court Cases

FEC v. _ _

. In ' 1 ? - International Funding sUiute. :~

- People & Politics, Inc.. 3:3

v, FEC

- Common Cause(92-2538). 1:8

- Lyndon H. LaRouche (92-1555),

1:8

U.S. Senator John Seymour Commitlee Y. Dianne Feinstein, 1:8

Reporting

Schedule for 1993. I:J

Special elections in California.

Mississippi, Ohio. Texas and

Wisconsin, 3:I

800 Line Art icles

Party cornrniuee allocauon: carrying

debts from previous election cycle.

2:7

Marcil J

Bulk Rate Mail

Postage and Fees Paid

Federal Election Commissio

Permit Number G-31