THE FEDERAL ELECTION 

COMMISSION 

• 

1325 K Street NW., Washington, D.C. 20463 

Volume 6, Number 12 

REPORTS DUE 

During December and January, several reports are 

required under the Federal Election Campaign Act. The 

following paragraphs give an overview of the reporting 

requirements. For detailed information, committees should 

consult the notices sent to them directly or contact the 

Office of Public Communications (see below). 

Post-General Election Reports (December) 

All political committees (except those authorized by 

candidates who did not run in the general election) are 

required to file a post-general election report by December 

4, 1980, regardless of their level of financial activity. The 

report should cover all financial activity since the last 

report (or the date of registration, whichever is later) 

through November 24, 1980. 

Filing Alternatives for Some Authorized 

Presidential Committees (December) 

Authorized comm ittees of Presidential candidates who 

did not seek election in the general election, and whose 

committees have filed on a monthly basis during 1980, 

must file either: 

1. A post-general election report	 by December 4, if the 

committee already filed a pre-general election report; or 

2. A	 monthly report by December 20, if the committee 

did not file a pre-general election report (but instead 

filed a monthly report in November). The December 

monthly report should cover all financial activity 

between November 1 and November 30, 1980. 

Vear-End Reports (January) 

All political committees currently registered with the 

Commission must file a veer-end report by January 31, 

1981, regardless of the level of financial activity or whether 

they supported candidates in the 1980 federal elections. 

(The requirement applies, for example, to committees 

authorized by Senate candidates seeking election in 1982 or 

committees authorized by candidates who ran in elections 

prior to 1980.1 The year-end report must include all reportable transactions occurring since the last full report filed, or 

(if the committee is new) from the date of registration, 

December 19

through December 31, 1980, Complete reports must 

include appropriate schedules (e.g., Schedule A for item

receipts and Schedule Bfor itemized disbursements). 

Committees that do not intend to receive contribution

make expenditures, and that have no outstanding de

may be eligible to terminate, For details on termination

the 800 Line article, p. 3. 

Forms and additional information will be sent to all re

tered committees. Questions and requests for forms sho

be addressed to the Office of Public Communicati

Federal Election Commission, 1325 K Street, N

Washington, D.C. 20463; or call 202/523-4068 or toll 

800/424-9530. 

C CERTIFIES PAYMENTS 

o NEW PARTY CANDIDATE 

Payments 

On November 13, 1980, the Commission certifie

grant of $4,164,906.24 to John B. Anderson and 

running mate Patrick J. Lucey. This certification, the 

made to a new party candidate in the history of the pu

financing of Presidential elections, was based on proced

established by the Commission on November 3, 1980 

below). The grant, which Is one percent less than 

Anderson's full entitlement of $4,206,976, is' based on 

Commission's unofficial vote count of the Preside

election. The unofficial vote returns indicated that 

Anderson had received 5,581,379 votes (or approxima

6.5 percent of the total popular votes cast in the electi

Mr. Anderson's final entitlement will be adjusted to re

the official vote returns, Further, the Anderson camp

may be required to repay any federal funds that are 

needed to defray outstanding campaign debts. 

New Certification Procedures 

On November 3, 1980, the Commission appro

procedures for certifying public funds to new party P

contin
dential candidates. These procedures describe the certifications and agreements the candidates must sign before the 

general election as well as the post-election procedures for 

certifying funds. 

To qualify for post-election public funding, the Presidential 

and Vice Presidential candidates of a new party must 

submit certain written agreements and certifications to the 

Commission within 14 days after they qualify to appear on 

the general election ballot in 10 or more states." In the 

letter of agreements, both candidates must agree to furnish 

records of campaign expenses, permit the conduct of an 

audit, identify the person authorized to receive payments 

on their behalf and designate a campaign depository. In the· 

written certifications, the candidates must certify that they 

will comply with the overall spending limits, the limits on 

the use of contributions and the personal spending limits. 

11 CF R 9003.1 and 9003.2. 

Under the new procedures, the Commission certifies public 

funds to a new party candidate who receives at least five 

percent of the total votes cast in the Presidential election, 

provided the candidate submitted the required agreements 

and certifications before the election, The Commission 

bases its initial determination of a new party candidate's 

share of the total popular votes on the unofficial election 

results reported by the News Election Service and state 

election officials. In the event of a disparity, the Commission relies on results obtained from state officials. 

If the candidate receives five percent or more of the total 

popular vote by this informal calculation, the Commission 

certifies .an initial payment from the U.S. Treasury within 

10 days of determining the candidate's eligibility. This 

payment is proportional to the grant provided the major 

party candidates, less one percent. (The formula for calculating the proportional payment is spelled out in Section 

9004Ia)(3) of the Presidential Election Campaign Fund 

Act.) The candidate may challenge the Commission's initial 

determination in writing within 15 days. 

No later than 10 days after receiving the official election 

results, the Commission makes a final determination of the 

candidate's appropriate payment. At that time, the Commission may adjust its initial payment, jf necessary. 26 

U.S.C. §9004Ia)(3). Further, candidates receiving postelection funds must comply with the audit and examination 

procedures provided by 26 U.S.C. §9007 and 11 CF R 

9007. 

"The deadline may be extended with the approval of the Commission. However, the absolute deadline for submitting the agreements 

and certifications is the day before the general election, 

PRESIDENTIAL CANDIDATES 

ON 1980 

Twenty-one 

BALLOTS 

Presidential candidates, running unde

various independent and party listings, appeared on th

November 4, 1980, general eiection ballots of the 50 state

and the District of Columbia, according to a survey by th

Federal Election Commission. In the 1976 Presidentia

elections, a total of 15 candidates were listed on the 5

state and District of Coiumbia ballots. Only four of th

1980 Presidential candidates appeared on the ballots in a

of the 51 jurisdictions surveyed: John Anderson, Jimm

Carter, Edward Clark and Ronald Reagan. 

Information on the survey was provided to the Federa

Election Commission by individual Secretaries of State an

state election officials. It is current through October 22

1980. The following alphabetical listing indicates eac

candidate in the 1980 Presidential general election and h

or her party affillationtsl: 

Presidential Candidate Party Affiliations 

1. Anderson, John National Unity, Independen

Anderson Coalition, Libera

Anderson Party, Independen

(Republican), The Anderso

Alternative 

2. Bubar, Benjamin Statesman, Independent 

3. Carter, Jimmy Democratic 

4. Clark, Edward Libertarian 

5. Commoner, Barry Citizens 

6. Congress, Richard Independent 

7. DeBerry, Clifton Socialist Workers 

8. Gahres, Biil .American, Independent 

9. Greaves, Percy American Party 

10. Griswold, Deidre Workers World, Independen

11. Hall, Gus Communist 

12. Lynen, Kurt Middle Class Candidate 

The RECORD is published by the Federal Election Commission, 1325 K Street, N.W., Washington, D.C. 20463. Commissioners are: Max L. Friedersdorf, Chairman; John Warren McGarry, Vice Chairman; Joan D. Aikens; Thomas E. 

Harris; Frank P. Reiche; Robert O. Tiernan; J.s. Kimmitt, Secretary of the Senate, Ex Officio; Edmund L. Henshaw, 

Jr., Clerk of the House of Representatives, Ex Officio. For more information, call 202/523·4068 or tot!- free 800/424· 

9530. 

2 
Presidential Candidate Party Affiliations 

13. McCormack, Ellen Respect For Life 

• 14. McLain, Harley National Peoples League 

15. McReynolds, David Socialist Party 

16. Pulley, Andrew Socialist Workers Party 

17. Rarick, John independent, American 

lB. Reagan, Ronald Republican 

19. Shelton, Frank American 

20. Smith, Margaret Peace and Freedom 

21. Wendelken, Martin Independent 

• 

In recent weeks, the Public Communications Office has 

received inquiries on how political committees may terminate their registration and, hence, their reporting obliqations under the Act. The following article, reprinted (with 

a few minor changes) from the June 1980 issue of the 

Record, is offered in response to these Questions. For 

further information, call the Commission on its toll-free 

line: (800)424-9530. 

TERMINATING REPORTING 

OBLIGATIONS 

Following the 1980 general elections, many candidate 

committees may wish to terminate their reporting obligations under the Act. The explanation given below outlines 

procedures for winding down campaign activity, i.e., 

liquidating campaign debts, using excess campaign funds 

and terminating committee registration (and thus reporting 

obligations). All legal citations refer to FEC Regulations. 

FORGIVING DEBTS 

General Rule 

.. 

If a committee fails to pay a campaign debt in a timely 

fashion consistent with normal business or trade practice, 

the debt in effect becomes a contribution made by the 

creditor to the committee, unless the creditor has made a 

commercially reasonable attempt to collect the debt. 11 

CFR 100.7(a)(4). Contributions made under such circumstances may violate the Act. For example, if a committee 

indebted to a corporation fails to pay the debt, the debt 

may result in a prohibited contribution from the corporation. Or, as another example, continued nonpayment of a 

debt owed to a person who may lawfully make contributions may cause the creditor to exceed the Act's $1,000 per 

election contributor limit. 

Rules for Corporate Creditors 

Debt Treated in Commercially Reasonable Manner. A 

po rate creditor may not forgive debts for less than 

amount owed unless the creditor and debtor have tre

the debt in a commercially reasonable manner. This m

that: 

1. Credit	 was extended "in the ordinary course of 

ness" with terms substantially similar to those grante

nonpolitical debtors of similar credit risk; 

2.	 The debtor made all reasonable efforts to retire the d

and 

3. The	 creditor pursued remedies in a manner simila

those used to seek payment from nonpol itical deb

lICFRI14.10. 

Statement of Settlement. If a debt owed to a corpor

is settled for less than the amount owed and the de

wishes to terminate the reporting status, the corpo

creditor and/or debtor (committee) must file a State

of Settlement with the F EC for Commission appr

before the committee terminates. This Statement 

include: 

1. The initial terms of credit; 

2.	 The steps the debtor took to extinguish the debt; 

3.	 The remedies pursued by the creditor; and 

4.	 The terms of settlement. 11 CF R 114.10. 

Rules for Noncorporate Creditors 

Debt Treated in Commercially Reasonable Manner. A 

corporate creditor may demonstrate to the Commi

that it has made a "commercially reasonable attemp

collect a debt owed to it by a committee, and thereby s

the debt without the settlement being considered a co

bution, provided that: the credit was extended in con

tion with providing goods and/or services to a pol

committee in the normal course of a business or pr

sional enterprise. (A debt involving only the lendin

money could not, therefore, be forgiven without a co

bution being rnade.) 

FEe Review of Debt Settlement. The settlement of 

debt owed to a noncorporate creditor by a committ

subject to FEC approval if either: 

1.	 The amount of the debt forgiven causes the credit

exceed contribution limitations (when added to 

other contributions made by the creditor to the 

candidate); or 

2. The creditor wishes	 the entire amount of the forgive

to be regarded as a debt settlement (and so notifie

Commission), rather than as a contribution in-kind. 

In either case, a Statement of Settlement similar to 

required when corporate debts are settled (above) w

have to be submitted to the Commission by the cre

and/or debtor. (Directive 3, May 10,1978.1 

EXCESS CAMPAIGN FUNDS 

Contributions received by the candidate or hi

committee which, in the candidate's view, exceed 

amount of funds needed to defray campaign expendi

may be used for the following purposes: 

1.	 Future election. 11 CFR 110.3(a)(2)(iii) and (iv). 

2. Defrayal 

113.2(a). 

of federal officeholder expenses. 11 

conti

3 
3. Donations to charity. 11 CFR 113.2(b). 

4.	 Unlimited contributions to national, state or local 

party committees. 11 CFR 113.2(c). 

5.	 Repayment of loans made by the candidate to his/her 

committee. 11 CFR 113.2Id). 

6. Any other lawful purpose, except personal use: 11 CFR 

113.2(d). 

TERMINATING REPORTING STATUS 

Termination by Political Committees 

A political committee may terminate its registration 

(and reporting obligations) only when all its debts and 

obligations have been extinguished and after it no longer 

intends to receive any contributions or make any disbursements. A principal campaign committee may terminate only 

when it has satisfied these requirements and when all the 

debts of its affil iated authorized committees have been 

extinguished. 11 CFR 102.3. 

Political committees terminate their reporting status by 

filing a Termination Report. It may be filed at anytime on 

FEC Form 3 13X or 3P) or by a written statement containing the same information. 11 CFR 102.3(a). The Termination Report must disclose: 

1.	 All receipts and disbursements not previously reported, 

including an accounting of the retirement of all debts; 

and 

2.	 The disposition of all residual funds. 

Administrative Termination by FEe 

The Commission, upon its own initiative or upon the 

request of a political committee, may administratively 

terminate a committee's reporting obligations if the committee's financial activity has been minimal during the 

previous year. For details on administrative termination, 

consult 11 CFR 102.4. 

"The prohibition on using excess funds for personal use does not 

apply to candidates who were Members of Congresson January 8, 

1980. 

SUBSCRIPTIONS 

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You may order these subscriptions by mail from: Superintendent of Documents, U.S. Government Printing Office, 

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Superintendent of Documents. 

DVISORY OPINION REQUESTS 

the 

Advisory 

application 

Opinion 

of the 

Requests 

Act or Commission 

(AOR's) pose 

Regulations 

questions o

t

specific factual situations described in the AOR. The fo

lowing chart lists recent AOR's with a brief description o

the subject matter, the date the requests were made publ

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

each AOR is available to the public in the Commission

Office of Public Records.
 

Date Made No. o

AOR Subject Public Pages

1980·122	 Use of contributions earmarked 10/17/80
 

for general election to retire
 

debts of primary election.
 

1980·123	 Excessprimary campaign funds 10/20/80
 

used for thank you notes to
 

campaign staff.
 

1980·124	 Use of trust funds (of unknown 10120/80 8
 

source) for federal elections.
 

1980-125	 Receipt, use and reportable 10/21/80 5
 

value of $1DO-contribution
 

made in silver dollars.
 

1980-126	 Political committee status for 10121/80 4
 

individual engaging in get-outthe-vote actlvltv.
 

1980·127	 

established by state partv
 

Federal/nonfederal accounts 10/24/80 9 

committee; allocation of debts.
 

1980-128	 Corporation's distribution of 10/27/80 26
 

position paper on national
 

issuesto federal candidates
 

and the general public.
 

1980-129	 Corporate status of corporation 10/27/80
 

organized pursuant to Alaska
 

Native ClaimsSettlement Act.
 

1980-130	 Funds used by state committee 10/30/80
 

to repay loan from federal
 

committee.


, 

1980-131	 Application of national party 11/4/80 4
 

committee contribution and
 

expenditure limits to two
 

committees that support independent Presidential candidate.
 

1980-132	 Contribution from partnership 11/7/80
 

that has one corporate partner.
 

1980-133	 Solicitation to labor PAC 11/10/80 2 

through $l-checkoff from 

membership dues. 

1980-134	 Application of limits to 11/13/80 2 

contributions to primary 

and general election campaigns 

of independent Senate candidate. 

4 
Date Made No. of 

• 

AOR Subject	 Public Pages 

1980-135	 Payments made by corporation 11/14/80 2 

to indemnify staff of its separate 

segregated fund against legal 

llebilltv. 

1980·136	 Artwork given to creditors as 11/14/80 

debt settlement by Presidential 

primary committee. 

1980·137	 Senate candidate's use of his 11/18/80 

corporation's Personnel and 

equipment to produce cornputerized FEe reports. 

1980·138	 Senator-elect's status as federal 11/19/80 2 

officeholder; use of excess 

campaign funds for winding 

down campaign, transition 

activities and living expenses. 

ATERNATE DISPOSITION OF
 

ADVISORY OPINION REQUEST
 

In response to AOR 1980·112 (post-election public 

funding used by new party candidate for loan repayments) 

the General Counsel informed the requester in a letter 

issued on November 18, 1980, that the request: 1) did not 

qualify as an AD R because it posed a hypothetical situation 

(11 CFR 112.1(b)) and 2) was rendered moot by the vote 

results of the 1980 Presidential general election. 

ADVISORY OPINIONS: SUMMARIES 

An Advisory Opinion (AD) issued by the Commission 

provides guidance with regard to the specific situation 

described in the AD R's. Any qualified person who has 

requested an AO and acts in accordance with the opinion 

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

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

specific activity which is indistinguishable in all material 

aspects from the activity discussed in the AD. Those 

seeking guidance for their own activity, however, should 

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

summary given here. 

~980.103: State Party's Distribution 

of Tax Checkoff Funds 

to Federal Candidates 

Since the North Carolina State Democratic Executive Committee (the State Party), a multicandidate committee, 

e~escontrol over funds which are accumulated through 

a state tax checkoff and distributed to Democratic Congressional candidates, the funds would constitute contributions 

from the State Party. They are subject to the $5,000 per 

candidate, per election, contribution limit. 

The source of the funds is the North Carolina Election 

Campaign Fund, provided for by state law and funded by 

individuals who check off a dollar from their taxes on their 

state income tax forms. The state law does not, however, 

specify a formula for distributing the funds to eligible 

candidates. This decision is made by a committee c

prised of the State Party chairman, Party treasurer and 

eligible candidates. The State Party would therefore e

cise control over allocating the funds, rather than sim

acting as a distribution agent or conduit. (Date Iss

October 10, 1980; Length: 3 pages) 

{980.110: Local Party Organization's Status JO 1~ as a Political Committee 

The local Greenbur.gh Democratic Campaign Comm

(the local committee) may use $2,250 in contributi

which it had received from two candidates for state of

a Congressional candidate and two local political com

tees, to rent a campaign headquarters and provide ph

services, volunteer activities and mailings for the t

candidates. The local committee would not becom

political committee subject to the Act's registration 

reporting requirements provided: 

1. Total costs incurred by the local committee for activ

exempted from the Act's definition of "contribut

and "expenditure" did not exceed $5,000; 

2. The	 cost of the phone services benefitting the Con

sional candidate did not exceed $1,000; and 

3.	 The local committee made no other "expenditures

"contributions" on behalf of the Congressional ca

date. 

. Although the Act specifically exempts from the defin

of "contribution" and "expenditure" payments for 

cards and campaign materials used in connection 

volunteer activities (e.g., campaign pins, bumper stic

and handbills), the local committee would have to reg

and report as a political committee if such costs exce

$5,000. The costs of phone services provided on beha

the Congressional and local candidates would, howeve

considered in-kind contributions to each candidate in 

portion to the benefit each candidate reasonably expe

to derive from the services. 11 CF R 106.1. Therefore, i

amount attributable to the Congressional candidate exc

ed $1,000, the local committee would be required 

register and report as a political committee. (Date Iss

ct er 10, 1980; Length: 4 pages) 

o 1980·111: Separate Segregated Fund Established J
 by Trade Association With Dues-Paying 

Foreign Members 

The.fortland Cement Association (the Association), a 

association whose members include dues-paying fo

corporations, may pay the costs of establishing, adm

tering and soliciting contributions to a separate segreg

fund (the fund). Moreover, contributions made by the 

will not violate the Act's prohibition on contribution

foreign nationals, 2 U,S.C. §441e, 

The Association's payments for establishing and adm

tering the fund would be permissible because: 

1.	 The Association itself is not a "foreign national" 

"foreign principal" but a discrete corporation organ

under United States laws with its principal plac

business in the United States; and 

conti

5 
2. The Association will not allow foreign nationals to exer- nate. Under these circumstances, the telephone refund does 

cise decision-making authority over the fund's activities.
 

Contributions made by the fund would be lawful because
 

the Association does not plan to solicit or accept contribu­


tions from foreign nationals.
 

The Comm ission noted that it had authority to audit the
 

fund's activities, including its decision-making processes.
 

2 U.S.C. § §437d and 438. Commissioner Thomas E. Harris
 

filed a dissenting opinion. (Date Issued: October- 16,1980;
 

Length: 3 pages, including dissenting opinion)
 

J 1980-113: Disposition of Excess
 

Campaign Funds
 

The .bell Miller far!! S S"."t" Ca",,,,iuee (the Committee)
 

may use its excess campaign funds to:
 

1. Establish	 campaign funds for any of Mr. Miller'~_Juture

campaigns for federal, state or local office; 

2. Reimburse Mr. Miller's state campaign for funds it transferred to the Committee; and 

3. Establish	 a fund for official state duties Mr. Miller will 

carry out as lieutenant governor. 

If excess funds may be used for these purposes under 

Georgia law, they may be similarly used under the Act and 

Commission Regulations provided: 

1. Excess funds transferred to future campaigns for federal 

office are lawful under the Act (11 CFR 110.3(a)(2) 

liv)};and 

2.	 Excess funds transferred to either Mr. Miller's state campaign or to any future campaigns are used for campaign 

purposes. 11 CFR 113.2. 

The Committee may not, however, use the excess funds to 

establish a travel fund to be used by Mr. Miller's wife when 

she accompanies him on official duties because no specific 

information suggests her trips would serve an official 

purpose. The travel fund would therefore constitute a 

"personal use" of the excess funds, which is prohibited 

by 2 U.S.C. §439a and 11 CFR 113.2. (Note: As amended 

in 1979, the Act provides that excess campaign funds may 

not be converted to personal use, unless the candidate was a 

member of Congress on January 8, 1980. Mr. Miller was 

not.) 

The Commission expressed no opinion on the application 

of federal tax laws to the use of excess campaign funds 

since those laws are not within its jurisdiction. (Date 

Issued: November 7,1980; Length: 3 pages) 

) AO 1980·114: Disposition of Refunds Made 

to Terminated Campaign Committee 

Telephone refunds received by the terminated Calabrese for 

Congress Committee (the Committee) may be transferred 

toMr. Calabrese as partial repayment for loans he had 

previously made to the Committee. The refunds are not 

considered "excess campaign funds" - and, therefore, not a 

prohibited transfer of excess campaign funds for personal 

use - because Mr. Calabrese originally made a loan to the 

Committee rather than a gift. The loan was consistently 

reported as a loan until the Committee decided to terminot constitute "excess campaign funds" - i.e., funds "in 

excess of any amount necessary to defray ... expenditures." 

The Committee must report receipt of the refunds from the 

Ohio 8ell Telephone Company, and their payment to Mr. 

Calabrese, in an amended termination report pursuant to 2 

U.S.C. §434 and 11 CFR 104. (See also AO 1979-5.) [Date

Issued: November 7,1980; Length: 2 pages)
 

- ~80'115; L.aw Firm's Compensation to Partner V H. Campaigning for Congress
 

To avoid making a contribution to Mr. Pierce O'Donnell's
 

Congressional campaign, his law firm must either:
 

1. Reduce	 Mr. O'Donnell's share of partnership profits to
 

reflect actual-hours billed to his clients; or
 

2. Indicate	 that Mr. O'Donnell's value to the firm throuqh­


out the year increased, offsetting the reduction in Mr.

O'Donnell's "client billable hours."
 

In the absence of any indication that Mr. O'Donnell's value
 

to the firm had increased, any compensation to Mr.
 

O'Donnell in excess of the actual hours he worked for the
 

firm would be considered a contribution to his campaign
 

because compensation to partners is based, in part, on the

number of hours they bill to clients. The Commission
 

distinguished this situation from that presented in Advisory
 

Opinion 1979·58, where full compensation to a senior
 

partner was not considered to be an in-kind contribution
 

from his firm because, in that firm, compensation was
 

based solely on the partner's proprietary interest in the firm
 

and not on the amount of time spent on firm matters.
 

Commissioner Frank P. Reiche filed a concurring opinion.
 

(Date Issued: October 14,1980; Length: 7 pages, including
 

concurring opinion) "j j l
 

J
 P"erCe. 0 DoVlV'\ e.. t i 

-(;;1" C·(T/,\sre.<;,S CO\'\I\

01980-117: Conversion of State Comnifttee 

to Principal Campaign Committee 

of Federal Candidate 

The ~ed Citjzens for Klecz.~~ (the Committee), Mr. 

Gerald Kleczka's state campaign committee, may register 

and report as his principal campaign committee for federal 

office, even though the treasury of the state committee 

contains some contributions that are not permissible under 

the Act, The newly registered federal cornmittee must, 

however, handle its cash-on-nand (i.e., funds left over from 

the state committee) in the following way: 

1. The	 Committee must exclude from cash-on-hand any
 

contributions not permissible under the Act. This means
 

the Committee may not keep or use funds donated by a
 

separate segregated fund that received contributions
 

through a reverse checkoff system. 11 CFR 104.12.
 

2. On	 its first report, the Committee must disclose the
 

source of all cash-on-hand on the basis of last in, first
 

"on hand." Mr. Kleczka's cash-on-hand may only in­


clude those permissible contributions most recently
 

received by the state committee prior to its registration

as a federal committee. 11 CFR 104.12. (Date Issued:
 

November 7,1980; Length: 3 pages)
 

6 
980-119: Allocation of Coordinated Party 

Expenditures for Television Ads 

• 

he ~!ip.IJ.aJ Republican Senatorial Committee (the 

Committee), which was desiqnated as an agent by the 

Republican National Committee to make coordinated party 

expenditures for several Senatorial candidates, must attribute the full amount of such expenditures to the spending 

limits stipulated by 2 U.S.C. §441ald)(31. 

In making the coordinated party expenditures, the Committee planned to purchase television time in certain 

markets that would result in broadcasting a political ad in 

several states. The ad would advocate the election of a 

single Senatorial candidate in one state; none of the content 

would be directed to a race in another state reached by the 

broadcast. 

In calculating the amount of coordinated party expenditures, the Committee must count the total costs for the 

advertising, rather than only that portion of the costs 

corresponding to the proportion of the total viewing 

audience that lives in the candidate's state. Calculating 

coordinated party expenditures Or) the basis of "political 

effectiveness" is not permissible because: 

1.	 The Act and Regulations do not provide for such a 

calculation; and 

2. Section 106.2{c)	 of the Commission's regulations does 

not apply to this case. This regulation applies only to 

expenditures by Presidential primary candidates. (Date 

Issued: October 24,1980; Length: 4 pages) 

• 

The list below identifies all FEC documents that appeared in the Federal Register between October 9, 1980, and 

October 24, 1980. Copies of these notices are not available 

from the FEC. 

Federal Register 

Notice Title PUblication Date Citation 

1980-29 Public Records; 

Indexes to Statements and Reports 

(Notice of availabilltv

October 9, 1980 

} 

45 FR 67146 

1980-30 11 CFR Part 112; 

Ad ..... isory Opinion 

Requests, Barring 

October 24. 1980 45 FR 70474 

DURKIN FOR U.S. SENATE 

COMMITTEE v. FEC et al, 

Plaintiff initially sought a declaratory judgment from th

Court that certain individuals associated with a "Defe

Durkin" effort constituted a "political committee" und

the Act, which had failed to register and report with th

FEC, and that one of the individuals had made excessiv

contributions to the "Defeat Durkin" effort. Plaintiff al

sought a preliminary injunction to enjoin the "Defe

Durkin" effort from: 1) spending any additional funds unt

it registers with the FEC or 2) spending any funds whic

consist of contributions in excess of the limits. Finall

plaintiff asked the Court to order the FEC to expedi

review of a complaint plaintiff had filed three days earlie

on October 24, against the same individuals and th

"Defeat Durkin" effort. 

On October 31,1980, the District Court denied plaintiff

request for declaratory and injunctive relief and dismisse

the suit. The Court maintained that it had no jurisdictio

over the suit because the Act stipulates the time frame 

which the Commission must resolve complaints. The Cou

said, "The FECA explicitly requires ... that the par

accused of a violation be given 15 days to 'demonstrate, 

writing ... that no action should be taken against suc

person on the basis of the complaint.' : ... By the terms o

the statute, the Commission cannot act until they [th

accused parties} have responded or until 15 days hav

passed.' 

(U.S. District Court for the District of New Hampshir

Docket No. C80-503D, October 27, 1980) 

~EM, GELMAN AND CITIZENS 

FOR LaROUCHE, INC. v, FEC 

On October 27, 1980, the U.S. District Court for th

District of Columbia enjoined the FEC from continuing 

investigations of volunteers and contributors to Citizens f

LaRouche, lnc., the principal campaign committee 

Presidential primary candidate Lyndon H. LaRouch

without first notifying the plaintiffs of the factual and leg

basis for the investigation, pursuant to 2 U.S.C. §437g(

and 11 CFR 111.8IbJ. 

In their suit, brought October 1, 1980, plaintiffs claime

that FEC investigations of individual contributors to th

LaRouche committee had violated the Act's procedure

which require the Commission to notify a respondent whe

it has determined the respondent has, or is about t

violate the Act. This notice must provide the factual an

• 

of Withdrawals legal basis for the Commission's determination. Plaintif

(Notice of proposed also contended that the investigations had harmed th

rulemaking) LaRouche committee's fundraising efforts by deterrin

1980·31 Negative Campaigns; October 24, 1980 45 FA 70568 potential contributors who feared their contributions mig

Denial of Rulemaking also be investigated. 

Petition continu

7 
The investigations had resulted from the FEe's determination that certain contributions submitted by the LaRouche 

committee for primary matching funds required verification. On August 6, 1960, the FEC had ordered that depositions be taken of 25 contributors to the LaRouche committee and, in a letter of August 26, 1960, had notified the 

LaRouche committee of its action. The FEe maintained 

that, since the LaRouche committee had not itself been a 

party to the FEC's investigation, the Commission did not 

have to provide the committee with specific information on 

the investigation. The FEe also argued that such notice was 

not required by 26 U.S.C. §9030(b), which authorizes the 

FEC to conduct investigations it deems are necessary to I 

carry out its responsibilities under the Presidential Primary 

Matching Payment Account Act. 

The Court said that the FEC's decision to investigate 

contributors to the LaRouche committee was predicated on 

the Commission's belief that the election Jaw had been 

violated. The Court therefore held that the Commission 

must afford the LaRouche committee notice, pursuant to 

2 U,S.C. §437g(a)(2), 

J

NEW LITIGATION 

George C, Finn et al, v. FEC 

Pursuant to 26 U.S.C. §9011(bl, plaintiffs sought a 

declaratory judgment from a three-judge court that Section 

9042 of the Presidential Election Campaign Fund Act and 

Section 441a of the Federal Election Campaign Act are 

unconstitutional. Plaintiffs further asked the Court for an 

order protecting their issuance of campaign items promoting the election of Republican candidates in the general 

election. On October 30, the Court denied plaintiffs' 

motion for an ex parte protective order. The Court stated 

that it could not enjoin a governmental agency from 

enforcing a law without a definitive showing that those 

portions of the law being challenged were unconstitutional. 

The same day, plaintiffs asked the Supreme Court to issue a 

protective order. 

(U.S, District Court for the District of Columbia, Docket 

No, 60-2675, October 20,19601 

CHANGE OF ADDRESS 

Political Committees 

NAMES 

FEC PUBLISHES 

OF NON FILERS 

On October 31, 1960, the Federal Election Commiss

published three separate listings of nonfilers who 

failed to file campaign finance reports required by 

Federal Election Campaign Act (the Act). The Commiss

published the names of 90 committees authorized by 19

Senate and House candidates which had failed to file th

third quarter reports on time. The reports, due October 

should have covered financial activity from the last rep

(or from the date of registration, whichever is la

through September 30, 1960, The second list included 

names of 25 House and five Senate campaigns that 

failed to meet the October 23 deadline for filing th

pre-general election reports. This report, due 12 d

before the general election, should have included financ

activity occurring from October 1 through October 

1960, The Commission also published the name of o

Presidential campaign which had failed to file its mont

report. The report, due October 20, should have cove

financial activity from September 1 through September 

1960. 

The Act specifies that the Commission publish only 

names of committees authorized by candidates (l.e., in

viduals who have received or expended in excess of $5,0

in seeking nomination or election to federal office). 

Registered political committees are automatically sent the Record. Any change of address by a registered committee 

must, by law, be made in writing as an amendment to FEC Form 1 (Statement of Organization) and filed with the 

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

Other Subscribers 

Record subscribers (who are not political committees), when calling or mailing in a change of address, are asked to 

provide the following information: 

1. Name of person to whom the Record is sent, 

2. Old address.
 

3. New address,
 

4, Subscription number. The SUbscription number is located in the upper left hand corner of the mailing lable, It con­


sists of three letters and five numbers. Without this number, there is no guarantee that your SUbscription can be 

located on the computer, 

6
 
• AUDITS RELEASED 

TO THE PUBLIC 

The Federal Election Campaign Act, as amended (the 

Act) requires candidates and political committees to file 

financial disclosure reports with the Commission. The Act 

also gives the Commission authority to audit' campaigns of 

all Presidential candidates who receive public funds, and 

the reports of other political committees. Final audit 

reports are available to the press through the Press Office 

and to the general public through the Office of Public 

Records. The following is a chronological listing of audits 

released between October 3, 1980, and November 14, 

1980. 

Audit 

Date Mad

Public 

1. Edward M. Kennedy, Kennedy for 

President Committee (Threshold 

Audit Report of Primary Campaign) 

1013/80 

2. George Bush, George Bush for President 

Committee (Threshold Audit Report 

of Primary Campaign) 

10/6/80 

3. State Democratic Party of Connecticut/ 

Voter Registration Committee 

10/6/80 

4. Ronald Reagan, Reagan for President 

(Threshold Audit Report of Primary 

Campaign) 

10/16/80 

5. Anthony R. Martin·Trigona, D-IL 

Illinois Democratic Campaign Committee 

11/5/80 

6. Democratic Party of New Mexico 11/13/80 

7. Michigan Republican State Finance 

Committee 

11/13/80 

8. Association for Better Citizenship 11/13/80 

9. Philip M. Crane, Crane for President 

Committee (Post-Primary Audit Report) 

11/14/80 

STATUS OF FEe REGULATIONS 

Regtllations" 

Date Sent 

to Congress 

Federal Register 

Publication 

Date Prescribed** 

by the Commission 

11 CFR 9033.9 

Suspension of Primary 

Matching Fund Payments 

4/10/80 4/15/80 

(45 FR 25378) 

7/3/80 

11 CFR Part 4 

Public Records and the 

Freedom of Information Act 

Not applicable 5/13/80 

(45 FR 31291) 

6/12/80 

11CFRPart5 

Access to Public Disclosure 

Division Documents 

Not appiicable 5/13/80 

(45 FR 31292) 

6/12/80 -

11 CFR, Parts 100 and 110 5/14180 5/23/80 8/7/80 

Contributions to and (45 FR 34865) 

Expenditures by Delegates 

to National Nominating 

Conventions 

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

110, 140-146 and 9001·9007 (45 FR43371) 

Public Financing of Presidential General Election 

Campaigns 

"The chart is cumulative, listing all amendments to the FEC Regulations proposed after the April 1980 edition of .11 CFR was published, inclUding any technical amendments. 

**The Commission may prescribe its regulations 30 leqfstetive davs after it has transmitted them to Congress, provided neither the House 

nor the Senate disapproves them during this period. 

9 
JALICE K. HELM APPOINTED 

DEPUTY GENERAL COUNSEL 

Alice K. Helm has been appointed FEe Deputy General 

Counsel, a new position created within the Commission's 

Office of General Counsel. Mrs. Helm, who began serving 

in the position on October 27, was formerly Legal Advisor 

to the Office of Civil Rights, U.S. Department of Commerce, from 1978 to 1980. She was the Deputy Assistant 

General Counsel for Administration and Management 

at that Department between 1970 and 1978. Mrs. Helm was 

a Supervisory Attorney in the Office of General Counsel 

at the U.S. Department of H.E.W. from 1968 to 1970 and 

a trial attorney in the Civil Division of the U.S. Department 

of Justice from 1954 to 1966. Mrs. Helm received a B.B.A. 

from City College of New York in 1947 and an LL.B. from 

Columbia University in 1950. She also attended the 

Graduate School of Education, American University, 

Washington, D.C. 

EMPLOYMENT OPPORTUNITY 

The Commission has an immediate opening for a 

GS-11 Statistician (Social Science I to assist in development/implementation of system to monitor validity/reliability of information entered into a computer 

data-base. Candidate must have demonstrated statistical skills, substantive knowledge of American elections/campaign finance and tacllltv in oral communication. Experience with measurement theory, sampling, and techniques of statistical analysis and 

inference appropriate for complex data universes is 

required. No travel funds are available for interviews. 

Send resume, letters of recommendation and description of methodological skills/experience (and Standard Form 171, if availablel to: Personnel Office, 

Federal Election Commission, 1325 K Street, N.W., 

Washington, D.C. 20463. 202/523-4114. Applications 

will be accepted through January 2. 19B1. The Commission is an Equal Opportunity Employer. 

FEDERAL ELECTION COMMISSION
 

1325 K STREET, NW
 

WASHINGTON, DC 20463
 

OFFICIAL BUSINESS 

FIRST CLASS MAIL
 

POSTAGE & FEES PAID
 

FEC
 

WASHINGTON. D.C.
 

PERMIT NO. G·31
 

10