•
 

FEDERAL ELECTION COMMISSION
 

April 1983 1325 K Street NW Washington DC 20463 Volume 9, Number4 

REPORTS DUE IN APRIL 

The following paragraphs explain the reporting schedule for the various categories of filers 

whose reports are due in April. Note that, during 

this nonelection year, committees authorized by 

candidates for Congress are only required to report semiannually: July 31, 1983, and January 31, 

1984. 

Quarterly Filers 

Authorized Presidential committees which 

have chosen to file on a quarterly (rather than a 

monthly) basis are required to file a quarterly 

report by April 15. The report should cover all 

activity from the closing date of the last report 

filed or from the da te of registration,* whichever 

is later, through March 31, 1983. 

Monthly Filers 

Unauthorized committees (i.e., committees 

not authorized by candidates) and authorized 

Presidential committees which file on a monthly 

schedule are required to file reports by the 20th 

of each month. The report should cover all financial activity of the previous month. For example, 

the April monthly report should be filed by April 

20 and should cover all activity from the closing 

date of the last report filed or from the date of 

registration,* whichever is later, through March 

31, 1983. 

Questions on reporting procedures and requests 

for additional forms should be addressed to the 

Public Communications Office, Federal Election 

Commission, 1325 K Street, N.W., Washington, 

D.C. 20463; or call 202/423-4068 or toll free 

800/424-9530. 

RULES ON CORPORATE/LABOR 

COMMUNICATIONS SENT TO CONGRESS 

On March 1, 1983, the Commission transmit

ted to Congress revised regulations governing 

partisan and nonpartisan communications made by 

corporations* and labor organizations to thei

employees, members and stockholders and to the 

general public. 11 CFR 114.3 and 114.4. Thes

regulations will be prescribed 30 legislative day

after their transmittal to Congress, provided nei

ther the House nor the Senate disapproves them. 

The proposed revisions clarify the specific audi

ences to whom corporations and labor organiza

tions may address various types of communica

tions. Moreover, they expand the types of commu

nications that corporations and labor organiza

tions may direct to the general public, The majo

changes are highlighted below. Readers should no

rely solely on this summary but, instead, should 

consult the full text of the proposed changes

published in the Federal Re ister on March 4

1983 (48 Fed. Reg. 9236 and current regulation

at 11 CFR 114.3 and 114.4. 

Parties Affected 

The revised regulations make clear that in

corporated membership organizations, incorporat

ed trade associations, incorporated cooperative

and corporations without capital stock are among 

the types of corporations that are SUbject to th

rules governing partisan and nonpartisan commu

nications. Moreover, the revisions expand the re

stricted class of personnel who may receive parti

san communications (or nonpartisan communica

tions if the organization so chooses). Under th

proposed amendments: 

An incorporated membership organization, 

cooperative and a corporation without stock 

continue

*The rules governing corporate activity appl

• 

*The first report filed by a committee must 

include all funds received or disbursed prior to 

becoming a political committee, even if the 

transaction did not occur during the reporting 

period covered by the report. 11 CFR 104.3(a) and 

(b). 

to a broad range of incorporated organizations

including national banks, corporations with capita

stock and incorporated membership organization

(including corporations without capital stOCk, in

corporated trade associations and incorporate

cooperatives). 
April 1983 FEDERAL ELECTION COMMISSION Volume 9, Numbe

may address partisan communications to the
 

families of its members, in addition to its
 

members.
 

A labor organization may make partisan com­


munications to its executive and administra­


tive personnel and their families, as well as
 

to its members and their families.
 

Partisan Printed Materials 

Under the current regulations, a corporation 

or labor organization may produce and distribute 

printed materials of a partisan nature only to its 

restricted class.* Moreover, the material must 

convey the views of the organization and may not 

simply be a republication of candidate-prepared 

material. Under the suggested revisions, however, 

a corporation or labor organization, in expressing 

its own views, may use brief quotations from 

candidates' speeches and other candidate-prepared materials. 

Nonpartisan Printed Materials 

The proposed revisions expand the categories 

of nonpartisan publications which a corporation or 

labor organization may distribute to the general 

public. They also permit the organization to include its logo on the publications or otherwise 

identify itself as the sponsor. 

Voting Records. Under one new provision, a corporation or labor organization may prepare and 

publicly distribute nonpartisan voting records of 

Members of Congress. (A nonpartisan voting record is a publication which describes, in a nonpartisan manner, legislative measures voted on by 

Congress and which records each officeholder's 

votes on these rneasures.) The preparation and 

distribution of such voting records may not, however, be for the purpose of influencing a federal 

election. 

'Those individuals within an organization 

who may be solicited at any time for contributions to the organization's separate segregated 

fund and who may receive partisan communications from the organization. See II CFR ll4.3(a); 

ll4.5(gXlJ and (2); 114.7(a), (c) and (h); 114.8(c), 

(h) and (i). 

Voter Guides. Under another new provision, 

corporation or labor organization may prepare an

publicly distribute voter guides describing cand

dates' positions on issues. (A voter guide consis

of 

positions 

questions 

on campaign 

posed to candidates 

issues and 

concerning 

the candidate

the

responses to those questions.) The proposed rul

identify specific criteria the Commission m

consider when evaluating whether a guide is no

partisan. In brief, the criteria include whether: 

All the candidates running for a given se

are given equal time to respond to questions

The voter guide reprints the responses 

each candidate verbatim; 

The wording of the questions is unbiased; 

The voter guide expresses no editorial pos

tion on any issue and does not support 

oppose any candidate or political party. 

The organization asks all the candidates 

provide biographical information for inclusio

in the voter guide; and 

The guide is made available to the gener

public in the geographic area in which th

organization normally operates. 

Partisan Candidate and Party Appearances 

The revised regulations allow a corporatio

or labor organization to schedule appearances b

candidates, their representatives and represent

tives of a political party at any meeting, conve

tion or other function of the organization a

tended by the organization's restricted class

(Under 

and party 

the 

appearances 

current regulations, 

are limited 

partisan 

to a 

candida

regular

scheduled event that the organization holds f

primarily nonpolitical purposes.) Moreover, und

the suggested revisions, certain individuals ou

side the restricted class may also be present -

specifically, employees who are necessary to a

minister the meeting, news media representativ

and limited invited guests and observers (such 

speakers or recipients of awards). Incidental s

licitation of these individuals would not be 

violation of the law's solicitation provisions. 

Nonpartisan Candidate and Party Appearances 

Under the revised regulations, a corporatio

or labor organization may permit candidate

their representatives and party representatives 

address the organization's employees and the

families at a meeting, convention or other fun

tion of the organization held on the organization

premises or anywhere else. (Under the curre

continue

The Record is published by the Federal Election Commission, 1325 K Street, N. W., Washington, 

D.C. 20463. Commissioners are: Danny Lee McDonald, Chairman; Lee Ann Elliott, Vice Chairman; 

Joan D. Aikens; Thomas E. Harris; John Warren McGarry; Frank P. Reiche; William F. 

Hildenbrand, Secretary of the Senate, Ex Officio; Benjamin J. Guthrie, Clerk of the House of 

Representatives, Ex Officio. For more information, call 202/523-4068 or toll-free 800/424-9530. 

2 
April 1983	 FEDERAL ELECTION COMMISSION Volume 9, Number4 

• regulations, such appearances may only take place 

on the organization's prernises.) Under the proposed rules, the organization's restricted class 

may also a ttend the meeting. 

In addition, the rules for ensuring tha t such activities are nonpartisan have been modified to 

reduce the sponsoring organization's obligation to 

provide a forum for all Presidential candidates. 

Under the proposed rules, if a Presidential or Vice 

Presidential candidate or his/her representative 

addresses employees, the organization must give 

the same opportunity, if requested, only to: 

All major party candidates who are seeking 

their party's Presidential nomination; or 

All candidates who are on the general election ballot in enough states to win a majority 

of electoral votes. 

Moreover, the proposed rules make clear that the 

nonpartisan requirements apply only to appearances in connection with a federal election. The 

requirements do not apply when a corporation or 

labor organization requests an incumbent, who 

may also be a federal candidate, to appear in 

his/her capacity as an officeholder at a public 

meeting sponsored by the organization. 

• Nonpartisan V<iter Drives and Education 

The proposed regulations expand the scope of 

permissible activities which a corporation or labor 

organization may undertake in connection with 

voter drives and voter education programs directed to the general public, The new regulations 

also allow an organization to include its logo on 

such communications or otherwise identify itself 

as the sponsor. 

Voter Materials Prepared by Election Officials. A 

corporation or labor organization may set up a 

table or rack on its own premises for distributing 

official voter information to the public, and the 

organizations' employees or members may help in 

the distribution. The distribution must, however, 

be carried out in a nonpartisan manner, and the 

organization may not endorse or support a candidate or party in connection with the distribution. 

Alternatively, a corporation or labor organization 

may donate funds to sta te or local election administrators to help defray their costs in printing 

and distributing official registration and voting 

information and forms. 

•
 

Voter Ads. Under the suggested revisions, a cor­


pora tion or labor organization may make nonpar­


tisan voter registration and get-out-the-vote
 

communications to the general public through
 

posters, billboards, broadcasting media, news­


papers, newsletters, brochures and similar means
 

of communication. (Under the current regulations,
 

such communications are limited to the employ­


Moreover, the revised regulations add a new factor to help the Commission decide whether the 

communication is nonpartisan; i.e., whether the 

communication names all candidates for a particular office, without favoritism, or makes no 

mention of any candidate. 

Voter Drives by Nonprofit Corporation. The revised regulations permit incorporated nonprofit 

organizations to conduct nonpartisan voter registration and get-out-the-vote drives on their own, 

without a cosponsor. 

Voter Drives by Other Corporations and Labor 

Organizations. The suggested revisions permit a 

(for profit) corporation or labor organization to 

jointly sponsor a nonpartisan voter registration or 

get-out-the-vote drive with a state or local agency responsible for administering elections. (The 

current regulations only permit civic or nonprofit 

organizations to act as eosponsors.) Under this 

type of arrangement, one or more representatives 

of the cosponsor must participate in the administration of the drive. Personnel of a corporation 

or labor organization may, however, assist with 

the drive. All voter drive materials prepared for 

distribution to the general public must include the 

full name of all sponsors. 

REVISED REGULATIONS ON 

NOTICES FOR POLITICAL ADS AND 

SOLICITATIONS 

On February 25, 1983, the Commission transmitted to Congress revisions to its regulations 

governing the use of disclaimer notices on political advertisements and solicitations. The proposed 

rules modify the requirements for public political 

advertising (e.g., a newspaper or t.v. ad) which 

expressly advocates the election or defeat of a 

clearly identified federal candidate or which solicits contributions to influence federal elections. 

11 CFR 110.11. The Commission will prescribe 

these regulations 30 legislative days after their 

transmittal to Congress, provided neither the 

House nor the Senate disapproves them. 

The proposed revisions clarify the disclaimer notice requirements for the following types of political communications: 

I.	 Solicitations made to the general public for 

contributions to a political committee which 

is not authorized by a candidate must include 

a disclaimer notice. The notice need only 

state the full name of the person sponsoring 

the SOlicitation. (Illustration: Paid for by the 

XYZ Committee.) On the other hand, separate segregated funds do not have to include 

a disclaimer notice on their solicitations 

since they direct their solicitations to their 

own personnel, not the general public. 

ees of the corporation or labor organization.)	 continued 

3
 
April 1983	 FEDERAL ELECTION COMMISSION Volume 9, Numbe

2.	 Posters and yard signs that carry political ads 

must bear a disclaimer notice. The revisions 

exempt, however, those communications on 

disclaimer 

which it would be 

notice 

impracticable 

as, for example, 

to include 

an ad 

a 

placed on a watertower or displayed through 

skywriting. 

3.	 Political communications printed on one side 

(e.g., a political ad or solicitation placed on a 

billboard) must include the disclaimer notice 

on the front side. If, however, a political ad 

or solicitation has more than one side or 

page, Commission Regulations require only 

that the disclaimer be displayed clearly and 

conspicuously within the communication. 

The full text of the proposed revisions to rules 

governing disclaimer notices was published in the 

Federal Re ister on March 2, 1983 (48 Fed. Reg. 

8809 . Copies of the notice may also be obtained 

by writing the FEC's Public Communications Office, 1325 K Street, N.W., Washington, D.C. 

20463 or by calling: 202/523-4068 or toll-free 

800/424-9530. For a complete set of rules on the 

use of disclaimer notices, see also current regulations at II CFR 110.11. 

FEDERAL REGISTER NOTICES 

The items below identify FEC documents 

that appeared in the Federal Register during 

March 1983. Copies of these notices are available 

in the Public Records Office. 

Notice Title 

1983-5 II CFR 1l0.1l: Disclaimer Notices; 

Transm ittal of Regulations to Congress 

(48 Fed. Reg. 8809, March 2, 1983) 

1983-6 II CFR 114.3 and 114.4: Nonpartisan 

Communications by Corporations and 

Labor Organizations; Transmittal of 

Regulations to Congress (48 Fed. Reg. 

9236, March 4, 1983) 

ADVISORY OPINIONS: SUMMARms 

An Advisory Opinion (AO) issued by the Co

mission provides guidance with regard to t

specific situation described in the AOR. A

qualified person who has requested an AO a

acts in accordance with the opinion will not 

subject to any sanctions under the Act. Oth

persons may rely on the opinion if they a

involved in a specific activity which is indist

guishable in all material aspects from the activi

discussed in the AO. Those seeking guidance f

their own activity, however, should consult t

full text of an AO and not rely only on t

summary given here. 

AO 1982-58: Independent Magazine Publishes 

Solicitation for Membership 

Organization PAC 

P.O.B. magazine, a bimonthly publication 

P.O.B. Publishing Company (PubCo), may not pu

lish a solicitation for contributions to ACSM PA

the separate segregated fund of the Amerie

Congress for Surveying and Mapping (ACSM) a

the National SOCiety of Professional Surveyo

(NSPS). erhe two professional associations have 

single PAC and have concurrent membership

The SOlicitation is impermissible because P.O.

magazine is the functional equivalent of an "

house" magazine of ACSM/NSPS. According

P.O.B. magazine is subject to the same solici

tion restrictions as those imposed on ACSM/NS

in soliciting contributions to ACSM PAC; that 

P.O.B.'s solicitations must be restricted to ACSM

NSPS's solicitable members. See 2 U.S.C. §44

(b)(4). Since an estimated 80 percent of P.O.B

readership are not members of ACSM/NSP

P.O.B. magazine may not publish a solielta tion. 

Although P.O.B. magazine planned to publish t

solicitation "independent of and without the a

thority of" ACSM/NSPS, its avowed purpose is 

be the principal source of information concerni

ACSM affairs and to promote membership 

ACSM by elreulating membership applications. 

The Commisson distinguished this opinion fro

AO 1980-109. In that opinion, an independent pu

lishing company (which had no cooperative re

tionship with any incorporated membership orga

ization) was permitted to solicit the general pu

lic for contributions to federal candidates. T

solicitations (and candidate endorsements) pu

lished in its periodical were considered news co

mentaries, which are exempt from the Act's d

finitions of "contribution" and "expenditure

(Date issued: February 18, 1983; Length: 5 pages

4 
April 1983	 FEDERAL ELECTION COMMISSION Volume 9, Number4 

• AO 1983-2: Computer Services Sold by 

Campaign to Retire Debts 

The Citizens for Emery Committee (the Committee), the principal campaign committee for David 

F. Emery's unsuccessful bid for the Senate in 

1982, may sell computer services on a "fee-forservice basis" to retire its campaign debts. The 

sale proceeds will be considered "contributions" 

from the purchasers (e.g., candidates, nonprofit 

organizations and state political committees). 

Accordingly, the sale proceeds are subject to the 

prohibitions, limits and disclosure requirements of 

the Act. 

• 

The Commission distinguished this opinion from 

several other opinions in which the Commission 

concluded that, as exceptions to the general rule, 

the disposal of committee assets did not result in 

a contribution under certain circumstances. For 

example, in AO 1979-24, a committee was allowed to sell leftover campaign equipment in 

order to terminate; the proceeds did not count as 

contributions. In several AOs, the Commission 

allowed committees to sell (or exchange) contributor or mailing lists for the usual and normal 

fee, without considering the funds received (or 

the value of the item) as a contribution. See AO's 

1979-18, 1981-46, 1981-53 and 1982-41. (Date 

issued: February 24, 1983; Length: 4 pages) 

AO 1983-3:	 Affiliation of Utility Company's 

State and Federal PACS; Transfer 

of Funds Between Them 

The Philadelphia Electric Company has established two political committees: the Philadelphia 

Electric Company State Political Action Committee (the State PAC), an unregistered committee 

which supports state candidates, and the Philadelphia Electric Company Federal Political Action 

Committee (the Federal PAC), a registered committee which supports federal candidates. If the 

State PAC triggers its status as a "political 

committee" under the Act by transferring funds 

of any amount to the Federal PAC, the State PAC· 

and the Federal PAC will become affiliated committees, since both committees were established 

by one company. II CFR 102.6; 2 U.S.C. SS433(a) 

and 434(a)(4). As the Federal PAC's affiliated 

committee, the State PAC may transfer unlimited 

funds to the Federal PAC (II CFR 102.6(a». The 

State PAC, however, must use one of two permissible methods to ensure that transferred funds 

comply with all of the contribution and solicitation requirements spelled out in Commission Regulations. See II CFR 102.5 and 114.5. 

period covered by the report. II CFR 104.3(a) and 

104.12. 

The State PAC must comply with Commission 

Regulations pertaining to solicitations by separate 

segregated funds. II CFR 114.5. However, since 

the advisory opinion request did not indicate 

whether the State PAC had already solicited or 

accepted any donations (Which it planned to transfer to the Federal PAC), the Commission did not 

address the issue of whether remedial measures 

would be necessary to correct prior solicitations 

(not in compliance with the Act). (Date issued: 

February 24, 1983; Length: 3 pages) 

AO 1983-4:	 PAC Funds Used for Lobbying 

Expenses of Parent Labor Union 

The National Legislative Director for the American Federation of Musicians (AFM) may use funds 

of the AFM's separate segregated fund, the 

Tempo Club, to defray expenses arising from his 

legisla tive lobbying duties for AFM (e.g., travel 

and secretarial expenses). Neither the Act nor 

FEC Regulations preclude the use of the Tempo 

Club's funds for lobbying expenses. Moreover, this 

use is considered a lawful purpose consistent with 

the Act and FEC Regulations. See AO's 1978-36 

and 1979-12. Although lobbying expenses are not 

considered "expenditures" made to influence federal elections, they must be reported as general 

"disbursements." See 11 CFR 104.3(b)(I) and 

(b)(3). 

Since tax rules and federal lobbying laws are not 

within the Commission's jurisdiction, the agency 

expressed no opinion on their application to the 

lobbying expenses. (Date issued: February 18, 

1983; Length: 2 pages) 

FEC CLEARINGHOUSE ADVISORY 

PANEL MEETS IN WASHINGTON 

On March 28 and 29, 1983, the Advisory 

Panel of the FEC's National Clearinghouse on 

Election Administration met in Washington to 

discuss problems associated with administering 

federal elections. The 17-member panel, comprised of state and local election officials, discussed four major topics in their two-day session: 

• 

If the State PAC becomes a political committee, 

the first report it files with the FEC must disclose all funds (as cash-on-hand) which the State 

PAC received prior to registering a federal PAC, 

even if the funds were not received during the 

I.	 A Voting System Standards Project mandated 

by Congress. Preliminary results of the FEC's 

study point to the need to establish voluntary 

procedural performance standards for the 

continued 

5
 
April 1983	 FEDERAL ELECTION COMMISSION Volume 9, Numbe

various types of vote counting and recording 

systems used in the United States. 

2.	 New cooperative working arrangements between the National Association of Secretaries of State and the Council of State 

Governments. 

3.	 Two research projects approved by the FEC. 

One project will update a published compilation of state campaign finance laws. The 

other project will produce an inventory of 

current computer applications to various 

election functions, such as candidate filings, 

voter registration, ballot design and format, 

and vote counting. 

4.	 The FEC's next series of regional conferences 

on campaign financing and election administration, which will begin in the Fall of 1983. 

The March meeting was the ninth held by the 

Advisory Panel since it was created in 1975 to 

advise the FEC on how to best use its resources to 

improve the administration of elections throughout the nation. The FEC is the only agency 

specifically charged by Congress to conduct research on the administration of federal elections. 

CHANGE OF ADDRESS 

Political Committees 

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 I (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: 

I.	 Name of person to whom the Record is 

sent. 

2.	 Old address. 

3.	 New address. 

4.	 Subscription number. The subsertption 

number is located in the upper left 

hand corner of the mailing label. It 

consists of three letters and five 

numbers. Without this number, there is 

no guarantee that your subscription 

can be located on the computer. 

MATCHING FUND SUBMISSION PROCEDURES 

On February 10, 1983, the Commission 

proved a recommendation by the General Coun

that, until proposed revisions to the Commissio

Primary Matching Fund Regulations have be

prescribed,* the Commission will take no offic

action on contributions submitted by President

campaigns for primary matching funds in 19

(As of March 4, 1983, two Presidential campaig

had submitted contributions to establish eligibil

for primary matching funds.) This decision co

forms with the Commission's longstanding pol

of not implementing regulations until they ha

been promulgated. During the period before t

revised regulations become effective, howev

Commission staff will provide, upon request, 

formation on the requirements of the propo

regulations. 

Once the proposed regulations become effectiv

the Commission will begin to review match

fund submissions in order to make determinatio

regarding candidates' eligibility for matchi

funds. Moreover, the Commission will establish 

schedule for receiving additional matching fu

submissions (i.e., those submitted after eligibil

requirements have been satisfied). The Comm

sion will also set a date in December of 1983 

making determinations and certifications to t

U.S. Treasury concerning the amount of matchi

funds payable to eligible candidates. (Under t

Presidential Election Campaign Fund Act, t

Treasury may not begin making payments to eli

ble candidates until January I, 1984.) 

When a Presidential candidate submits the agre

ments and certifications required as a conditi

of matching fund eligibility, the Commission w

send the candidate a letter notifying him or her 

the review procedures. For more detailed inf

mation on the procedures, consult FEC Agen

Document No. 83-23, available from the Comm

sion's Public Records Office. Call 202/523-40

or toll free 800/424-9530. 

*The Commission transmitted proposed 

visions to the Primary Matching Fund Regulatio

to Congress on January 24, 1983. They will 

prescribed 30 legislative days later, provided n

ther the House nor the Senate disapproves the

The full text of the proposed revisions was p

lished in the Federal Register on February 4, 1

(48 Fed. Reg. 5224). 

6 
April 1983 FEDERAL ELECTION COMMISSION Volume 9, Number4 

• 

1984 COMPLIANCE MANUAL FOR PRIMARY 

MATCIDNG FUND RECIPIENTS 

On March 8, 1983, the Commission approved 

a revised edition of its Financial Control and 

Compliance Manual for Presidential Primary Candidates Receiving Public Financing. The manual, 

which incorporates recent revisions to the FEC's 

primary matching fund regulations, is now available for use by Presidential primary candidates 

and their committees. In addition, a limited number of copies are available for purchase by other 

parties, at $7.50 per copy, from the FEC's Public 

Records Office. (For more information, call 

202/523-4181 or toll free 800/424-9530.) 

The manual is designed to help primary matching 

fund recipients comply with the Act and Commission Regulations. The manual does not prescribe a 

standard financial control system. Instead, it offers a flexible system, which may be modified to 

suit each campaign's need for: receipt and disbursement controls; recordkeeping and reporting 

procedures; budget planning; and internal financial management. Since most of the campaigns 

receiving primary matching funds will be processing large amounts of campaign finance data, 

certain compliance procedures are geared to automated data processing systems. 

NEW LITIGATION 

FEC v. Citizens for LaRouche 

The FEC asks the district court to declare 

that Citizens for LaRouche, the principal campaign committee for Lyndon H. LaRouche, Jr.'s 

campaign for the Democratic Party's Presidential 

nomination in 1980, violated a conciliation agreement entered into with the FEC. The Commission 

alleges that Citizens for LaRouche failed to pay 

the $15,000 civil penalty stipulated in the agreement.· (The conciliation agreement resulted from 

an enforcement action that the FEC had brought 

'Under the terms of the conciliation agreement, the LaRouche campaign agreed to pay a 

against the LaRouche campaign for accepting 

unlawful contributions in 1979 and 1980.) The FEC 

therefore asks the court: 

To order the LaRouche campaign to pay the

$15,000 civil penalty (with interest);
 

To permanently enjoin the LaRouche cam­


paign from further violations of the concilia­


tion agreement;
 

To declare that, in failing to pay the civil

penalty, Lyndon H. LaRouche, Jr. also vio­


lated One of the terms of a certification

letter, which he signed in November 1979 as

a prerequisite to being eligible for primary

matching funds; and
 

To permanently enjoin Mr. LaRouche from

further Violating the terms of the certifica­


tion letter.
 

V.S. District Court for the District of Columbia 

Circuit, Docket No. 83-0373, February 9, 1983. 

Alwin E. Hopfman V. FEC 

Mr. Hopfman asked the court to declare tha

the FEC's dismissal of an administrative com

plaint, which he had filed against Senator Edward 

M. Kennedy (D-Mass.) and the Committee to 

Re-Elect Senator Kennedy on September 13

1982, was contrary to the law and to the V.S

Constitution. In his administrative complaint, Mr

Hopfman had claimed that Senator Kennedy had 

violated provisions of the election law which 

culminated "in the exclusion of [Mr. Hopfmanl 

from the [Massachusetts Senate primary election] 

ballot in a manner which•••is improper and illegal." (Mr. Hopfman had failed to obtain access to 

the state's primary election ballot as a candidate 

of the Massachusetts State Democratic Party 

because, under the Party's "15% Rule," he had 

failed to receive at least 15 percent of the votes 

cast at the Party's nominating convention.) 

Mr. Hopfrnan amended his complaint, asking the 

Court: 

To find that the FEC and the Federal Election Campaign Act, as amended, had violated 

Mr. Hopfrnan's Constitutional rights under 

the First, Fifth, Sixth, Ninth, Tenth, and 

Seventeenth Amendments and had violated 

portions of Articles I and 3 of the Constitution; 

To enjoin the FEC from permitting the Secretary of the Senate or any other officer of 

Congress to participate in FEC functions; 

To declare 2 V.S.C. S437g(a) unconstitutiona

and order the FEC to cease actions under 

• 

civil penalty by making an initial payment of that provision until it can be brought in line 

$5,000 and 10 monthly in.'ltallments of $1,000 with the Constitution; 

each. If the FEC failed to receive any of those To declare 2 V.S.C. S437 unconstitutional and 

payments, it could require the LaRouche campaign to pay the entire amount upon 10 days continued 

written noti ceo 

7 
April 1983 FEDERAL ELECTION COMMISSION Volume 9, Numbe

void until it can be changed to comply with
 

the Constitution;
 

To declare that a party rule may not super­


sede a state law concerning the election of a
 

v.s. Senator; and
 

To order the FEC to compel Edward M.
 

Kennedy and his reelection committee to
 

treat the primary convention in Massachu­


setts as a primary election and to accept
 

contributions and file reports accordingly.
 

V.S. District Court for the District of Columbia, 

Docket No. 82-3667, December 27, 1982. 

PUBLIC APPEARANCES 

4/15 Producer's Advisory Forum 

Washington, D.C. 

B. Allen Clutter, FEC Staff 

Director 

4/25 The Washington Center 

Washington, D.C. 

Chairman Danny L. McDonald 

FEDERAL ELECTION COMMISSION
 

1325 K Street, NW.
 

Washington, D.C.20463
 

Official Business 

First Class Mail
 

Postage & Fees Paid
 

FEC
 

Washington, D.C.
 

Permit No. G-31
 

8