FEDERAL ELECTION COMMISSION

5 l\1JI1ISORY OPINIOOS

9 PUBLIC APPEAR1lNCES

CWRl' CASES7 .Akins v. FEC7 New Litigation

2 <rftPl1IER RESOURCES: AOs and Court Cases

4 REnJLM')Um: Repeal of Honorarium Rules

1 PAm;Y ACTIVITIES: 1992 Spending Limits

1 a:m'ERSNCES

23 INDEX

REPORTS8 April Reporting

10 PACs and Parties: Presidential Primaries

PUBLIC roND~14 1992 &ntitlements and spendin9 Limits15 January, February Matching Fund payments16 1992 Compliance Manual Available16 Revised Magnetic Media Requirements

16 F'EDERAL- RmISTER MJ'l'ICES

STATIS'l"I:CS16 Year-End PAC Count17 Graphs Covering 1990 Cycle

19 <DlPLIANCE: MtJRs Released

800 LINE12 Compliance with Election Laws outside

FEe's Jurisdiction

999 E Street NW

PARTY ',AC'rIVITIES

March 1992

-CONFERENCESFEe '10 BJLD~ IN IDS A!'IZL£S~

ORLANDOAND~. DCThe FEe is planning to hold three

conferences in upcoming months:o california Regional Conference, Los

Angeles, March 23-24;o Florida Regional Conference, Orlando,

April 30-May 1; ando Washington, DC, Corporate/Labor Confer­

ence, May 21-22.call the FEe to place your name on a

mailing list to receive an invitation to

1992 0XllIDINM"EO PAR'lY EXPENDI'lURE r.no:TSThe 1992 limits on coordinated party

expenditures are now available. partycommittees may make these special expendi­tures on behalf of 1992 general electioncandidates. Coordinated party expenditurelinUts are separate from the contributionBmi ts • Coordinated party expendituresalso differ from contributions in that theparty committee must spend the funds onbehalf of the candidate rather than givingthe money directly. Although these expend­itures may be made in consultation with thecandidate, only the party comrnittee makingthe expenditures-not the candidate commit­tee--must report them. (Coordinated partyexpenditures are reported on tine 25 of FEeFrlrm 3X and itemized on Schedule F, regard­less of amount.)

The tables on pages 3 and 4 provideinfo~mation on 1992 coordinated partyexpendi tures. Table 1 shows which partycoImnittees have authority to make coordin­ated party expenditures on behalf of presi­dential and congressional nominees. Table2 shows the 1992 party expenditure limitsand the formulas used to calculate them.Table 3 lists the state-by-state expendi­ture limits for 1992 senate nominees.

(continued, page 3)

Washington DC 20463 Volume 18, Number3

--------~----- anyone of these conferences (800/424-9530or 202;219-3420). Invitations includeregistration forms and schedules of work­shops. 'l'hose planning to attend the Cali­fornia conference should call right away.

Each of the conferences lasts one andone-half days, ending after the morningworkshops on the second day.

(continued, page 2)

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FEDERAL ELECTION COMMISSIONMarch 1992

california ConferenceThe conference will be held at the

Sheraton Plaza La Reina Botel (near theairport). 6101 West Century Boulevard. LosAngeles. Call 310/642-1111 for room reser­vations. To receive the group rate of $79per night, notify the hotel that you willbe attending the FEe conference.

The $100 conference fee covers the costof the conference, materials, meals (con­tinental breakfast and lunch) and a recep­tion. The registration form (with feeenclosed) must be postmarked by March 9 toavoid a $10 late fee.

This conference will offer assistanceto House and senate candidates, politicalparty organizations, and corporations andlabor or9anizations and their PACs. Itwill feature an introduction to thecampaign finance law as well as workshopson fundraising, candidate support,repoIting, and allocation of federal andnonfederal activity. Moreover, repre­sentatives from the Internal Revenue Serv­ice and the California Fair politicalpr;,;ctices Commission will be available toanswer questions.

Florida ConferenceThis conference will follow the format

of the California conference. Consult nextmonth's issue for more information.

washington, DC, Conference for Corporationsand Labor organizations

This conference will focus on thecampaign finance law's requirements forcorporations, labor organizations and theirPACs. More information will appear infuture issues.

Volume 18,Number 3

COMPUTER RESOURCES

DlEECT CI1'IE'UI'ER ACCESS 'ID .ADS ANDCOORT Cl\SES

Subscribers to the Commission's DirectAccess Progrcun (DAP) may now access FEe ad­visory opinions (AOs) and court case SUll't­maries. These are recent additions to theOAF service, 'Which continues to offer on­line access to campaign finance data in avariety of formats. DI\P subscribers accessthe information through personal computersand modems.

The complete text of all ADs issuedsince 1975 is now available on-line, as arethe court cases s~ries that appear inSelected Court: Case Abstracts. 'ltlat publi­cation contains Record summaries of si9Oi­ficant court suits concerning the federalcampal90 fi.nance law.

Using a key word or phrase, subscriberscan identify all advisory opinions in whichthe word or phrase occurs. The user canthen print the full text of the AOs or thelist of cited ADs. A similar search pro­gram is available for the court case Sumbmaries. However, to use either of ~esearch programs, subscribers wst be ableto set modem software to some form of VTemulation (e.g., VT100 or VT10l), as op­posed to '1TY or other options available inthe terminal settings portion of the soft­ware program.

The cost of the Data Access Program is$25 per hour, with no additional sign-upfees. For more information, call PhylissStewart-Thompson, Data Systems DevelopmentDivision, 000/424-9530 or 202/219-3730.

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Federal Election CoIUission, 999 E Street, lfi, washingtm, OC 20463800/424~9530 202/219-3420 202/219-3336 (TOD)

Joan D. Aikens, ChairmanScott E. Thomas, Vice ChairmanLee Arm ElliottDanny L. McDonaldJohn warren McGarryTrevor Potter

walter J. Stewart, Secretary of the Senate,Ex Officio Commissioner

Donnald K. Alderson, Clerk of the HOUSe ofBepresentatlves, Ex Officio Comaissioner •

March 1992 FEDERAL ELECTrON COMMISSION Volume 18, Number 3

"mBLB 1: Al7lB)JU'I'Y '10 MAKE COClIDINI\.'1'fD PARlY EKPmDI'lmES

Expendi.tures on Behalf of:

Presidential Naninee House and Senate Nominees,!/

National Party CoDDittee Yes. (Only national party Yes, has authority to makecommittee has authority to make expenditures on behalf ofPresidential expendi.tures .) each nominee; House and

Senate campaign committeesshare national committee'slimits.

State party CClaIDittee No authordtyr may make expend- Yes, has authori ty to makeitures against national expenditures on behalf ofcommittee's limit only with each nominee seeking electionprior written authorization of in state.national committee'21

Local party Collmittee No authority; may make expend- No authority~ may make expenditures against national itures against national orcommittee'S limit only with state committee's limits onlyprior written authorization of with prior written authoriza-national committee.y tion of conmittee.~/

1Also applies to expenditures on behalf of Delegate and Resident Commissioner nominees.

2A prior written authorization should specify the amount the party commdttee may spend.

TABLE 2: 1992 COOODINMBD PAR'I'Y EXPmDI'IDRE LIJUTSCOLA means cost-af-living adjustrnent~/ and VAP means voting age population.

Presidential NcDinee

senate Nallinee

House Nominee in States withOnly One Representative

House NaDinee in other States

Amount

$10,331,703

See table 3

$55,240

$27,620

Fotm.l1a

2 cents x national VAP~/ x COLA

The greater of: $20,000 x COLA or2 cents x state VAP x COLA

$20,000 x COLA

$10,000 x COLA

(Table 3 follows)

Ncminee for Delegate orResident Commissioner~/ $27,620 $10,000 x COLA

1The 1991 COLA-the fi9Ure used to determine the 1992 party expenditure limits-was 2.762.This figure is unofficial in that it has not yet been certified by the Secretary of Labor.Committees may nevertheless rely on the limits listed in this table. In the unlikely eventthat the certified COLA differs from the 2.762 figure, revised limits will be published inthe April Record.

2The 1991 national voting age population was 187,033,000.

3The District of Columbia, Guam and the Virgin Islands elect Delegates1 Puerto Rico electsa Resident Commissioner.

3

March 1992 FEDERAL ELECTION COMMISStON Volume 18, Number3

TABLE 3: 1992 COOBDINATED PARTY EXPJR)I­'lURE LDII'l'S FOB SFlWrE lUIINE&'S

""In these states, the Senate limit alsoapplies to the House nominee.

lNumbers rounded to nearest dollar. seealso footnote I, Table 2 (page 3).

State

Alabama"'AlaskaArizonaArkansasCaliforniaColoradoConnecticut

*DelaWareFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganM.innesotaMississippiMissouriMontanaNebraskaNevadaNew Harnpshir-eNew JerseyNew MexicoNew YorkNorth carolina

*North DakotaohioOklahomaOregonpennsylvaniaRhode IslandSouth Carolina

"'South DakotaTennesseeTexasUtah

It VermontVirginiaWash~ngton

West ViI:"9iniaWisconsin

*Wyoming

Votin9 AgePopulation

3,018,000391,000

2,740,0001,746,000

22,218,0002,493,0002,527,000

512,00010,280,000

4,848,000846,000721,000

6,545,0004,144,0002,069,0001,822,0002,754,0003,018,000

924,0003,659,0004,622,0006,884,0003,243,0001,841,0003,818,000

585,0001,158,000

962,000824,000

5,919,0001,089,000

13,691 ,0005,094,000

461,0008,120,0002,330,0002,174,0009,132,000

774,0002,622,000

503,0003,723,000

12,380,0001,128,000

422,0004,748,0003,703,0001,364,0003,644,000

323,000

1991Limit!/

$166,714$55,240

$151,358$96/449

$1,227,322$137/713$139,591$55,240

$567,867$267,804$55,240$55,240

$412,026$228,915$114,292$100,647$152,131$166,114

$55,240$202,123$255,319$380,272$179,143$101,697$210,906

$55,240$63,968$55,240$55,240

$32.6,966$60,156

$756,291$281,393$55,240

$448,549$128,709$120,092$504,452$55,240

$144,839$55,240

$205,659$683,871

$62,311$55,240

$262,280$204,554

$75,347$201,295

$55,240

4

REPEAL OF R!GJLATIms 00' BCNJRARIAThe Commission recently repealed all

FEe regulations on honoraria to reflect thelegislative repeal of 2 U.S.C. §441i, whichhad applied to the acceptance of honoraria.Section 441i was repealed in August 1991.The repealed regulations were 11 eFR 110.12and two provisions that contained refer­ences to section 110.12 (11 eFR 100.7(b){19} and 114.1{a}(2)(iv). Because theseamendments were technical in nature, theybecame effective upon their publication inthe Federal Register on January 15, 1992(57 FR 1640) •

The 1976 amendments to the FederalElection campaign Act gave the Commissionjurisdiction over the acceptance of hono­raria bY all federal officeholders andemployees. However, the Ethics Reform Actof 19891/ amended section 441i to applyonly to-U.S. Senators and Senate officersand employees; all other federal officersand employees-inclucIin9 Members of theU.s. House of Representatives--were prohib­ited from accepting honoraria. That amend­ment became effective January 1, 1991.

In 1991, the Legislative Branch Appro­priations Act2/ extended the prohibition onhonoraria to the Senate and repealed sec­tion 441i. This legislation thus ended theCommission'S jurisdiction over honorariatransactions of federal officers and e~

ployees taking place after August 14, 1991,the effective date of the law.1/

Isection 601, Public Law No. 101-194, 103stat. 1716.

2sections 6(d) and 6(£)(1), Public Law No.102-90, 105 Stat. 447 (1991).

3The Commission' s jurisdiction over hono­raria transactions occurring before August14, 1991, remain5 intact. FEe v. wright,NO. 4-91-0542-A, slip op. at 13 (N.D. Te~.

Nov. 12, 1991).

FEDERAL ELECTION COMMISSIONMarch 1992

ADVISORY OPINIONS

ADVISORY OPINUN ~TSRecent requests for advisQ~ opinions

(AORS) are listed below. The full text ofeach AOR is available for review and com­ment in the FEe's Public Records Office.

1IOR 1992-5Incumbent candidate's participation incable television public affairs programs.(Date Made Public; January 24, 19niLength: 3 pages)

AOR 1992--6Ptesidential candidate's paid speakingengagement at university. (Date MadePublic: J':lnuary 28, 1992; Length: 4pages)

NJR 1992-7Corporate PAC's solicitation of franchiseesand their executive and administrative per­sonnel. (Date Made Publ~c I February 11,1992; Length: 15 pages plus attachments)

AL'l'EANM'E DISPOSITI<»l OF ADVISORY OPINICIfmnJES'l'

NJR 1991-40: Use of Candidate's~ inSpecial project of JointFuOO,raising Coomittee

On February 6, 1992, the Commission failedto approve an advisory opinion by the re­quired four votes. See Agenda Documents92-19 and 92-1~.

1JD 1991-36: Corporation's payment ofElDployee~sTravel EXpenses toAtteJxl Party Ftmdraiser

While Boeing PAC, the Boeing Company~s

separate segregated fund, intends to paythe fee for a Boeing representative toattend a fundraise~ sponso~ed by the ~mo­

cratic Congressional Campaign Committee,the Company may use its treasury funds topay the employee's travel and lodging ex­penses, since those costs may be viewed asan administrative ~xpense of Boeing PAC.

As an exception to the ban on corporatecontributions and expenditures, the FederalElection Campaign Act permits a corporationto use its treasury funds to establish, ad­minister and solicit contributions to itsseparate segregated fund (SSF). 2 U.S.C.§441b(b) (2) (C).

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Volume 18, Number 3

with respect to travel expenses, ADs1978-13 and 1980-50 said that a corporationcould pay, as an administrative expense,the costs of employee travel to attendevents sponsored by the corporation's SSF.In Boeing's situation, the travel is to afundraising event; sponsored by anotherpolitical committee to whom Boeing PACplans to made a contribution (by paying theattendance fee). Nevertheless, the travelcosts arising from Boeing PAC's participa­tion in the fundraiser may be viewed as anadministrative expense, payable with Com­pany treasury funds. (Date Issued:January 10, 1992i Length 3 pages)

NJ 1991-37: Nonconnected PAC's payment toIncorporated Fi rm. for SharedFacilities and servicesContributed to Catmittees

The Democratic Election Reporting EducationFund (DEREF), a political committee, wasor9anized and initially funded by the pres­ident of an incorporated accounting firmand four other individuals. DEREF mayshare office facilities with the finn (Cam­paign Financial Consultants or CFC) andpurchase CFC services to provide in-kindaccounting and compliance services to fed­eral candidates and committees. Based onfacts presented in the advisory opinionrequest, DEREF is considered a nonconnectedcommittee rather than a seperate segregatedfund of CFe. Because CFC is not the com-­mittee's connected organization, DEREF doesnot have to pay the finn in advance for in­kind services contributed to committees.The value of the in-kind contributions mayvary, depending on whether DEREF purchasesthem from CFC or whether, unde r an alterna­tive plan, OEREF acts as a dual-employer ofere personnel. Finally, the presence ofany candidates on OEREF~s honorary boardmay result in contributions, depending onthe circumstances.

Nonconnected coumi.ttee statusEven though DEREF plans to share CFC

office facilities and use ere services tomake in-kind contributions, the committeewill pay its own expenses rather thanreceive financial support from eFC. More­over, four of the five individuals whofounded and provided initial funding toDE:REF were not associated with CFC. Giventhese circumstances, CFC is not the con­nected organization of DEREF, and DEREF isa nonconnected connnittee rather than aseparate segregated fund. See 2 U.S.C.§431(7); 11 CFR 100.6(a); see also ADs1984-12 and 1982-63.

(continued)

FEDERAL ELECllON COMMISSIONMarch 1992

Office FacilitiesDEREF may maintain a separate office

or, under a second alternative, share anoffice with eFt and pay a portion of officeexpenses. Under this second alternative,photocopying charges would be based on thenumber of pages copied. Telephone chargeswould be based on a combination of actuallong-distance charges and the base monthlycharge allocated on the basis of staff timespent on DEREF activities to total stafftime. Other overhead expenses I such asrent and utilities, would be allocated onthe same percentage basis. These proposedallocation methods are consistent with N)

1977-12.DEREF', however, would have to pay its

full allocated share of office expenseswithin a commercially reasonable time. See11 eFR 114.9(d}. Insufficient or late pay­ment could lead to the conclusion that CFCwas DEREF's connected organization (throughits financial maintenance of DEREF) andthat the committee was a separate segre­gated fund. see 11 CFR 114.5(g)(1); seealso NJ 1984-12.

payment to CFC for services Contributedto candidates

ere may bill DEREF for services pro­vided as in-kind contributions to commit­tees and later receive payment from DEREF.DEREF is not required to make advance pay­ment to ere because the firm is not theconnected organization of DEREF. (Comparewith AD 1984-37, wherein the separate seg­regated fund of a corporation was requiredto pay in advance for the use of the corpo­ration'S employees to provide in-kind serv­ices to candidates. That conclusionstemmed from the unique relationship be­tween a separate segregated fund and itsconnected organization.)

Although CFC, as a commercial vendor,may extend credit to DEREF, the credit mustbe extended in CFe's ordinary course ofbusiness with terms substantially the sameas those applied to similar amounts ofcredi t extended to nonpolitical debtors ofsimilar risk. This is necessary to avoidnaking a prohibited contribution to DEREF.11 CFR 100.7(a)(4) and 116.3(b). Addition­ally, CFC must charge its usual and normalfee for the services (see below). 11 crnlOO.7(a)(1)(iii)(A).

Valuation of In-Kind servicesIf CFC acts as a vendor, the usual and

normal charge for its services would be thesame as the hourly rate it charges othercustomers. 11 crn 100.7(a)(l)(i)(B). Thevalue of DEREF's in-kind contributionswould equal CFG's charges.

6

Volume 18, Number 3

If DEREF chooses a dual~mployment ar­rangement in providing services to coromit­tees, the in-kind contributions could equalthe pro rata share of employee salariesbased on the number of hours spent on in­kind services. The salary rate, althoughmuch lower than CFe's commercial rate,would be a permissible valuation under thedual-employment method because DEREF wouldnot be operating as a commercial vendor torecrpient committees. The salary ratewould have to be the usual rate paid to thee1llployee for the type of services per­formed. Furthermore, DEREF would have toinclude as part of each in-kind ccntr Ibu­tion the pro rata share of fringe benefitsfor each employee who provided services andan appropriate charge for the facilitiesused for a particular committee. See AD1984-37 and 11 eFR 114.9{d). If it wishesto, however, OEREF could value in-kindservices at the higher commercial rate.

Travel Related to In-Kind servicesCOmmittees benefiting from cre services

may pay for related travel, lodging andmeal expenses incurred by DEREF or cre per­sonnel and still receive the services asin-kind contributions from DEREF. OEREFalso suggested that employees themselvesinitially pay travel-related expenses fromtheir own pocket, with reilllbursement byDEREF. The opinion did not address whethersuch payments would constitute in-kind con­tributions from the employees because DEREFdid not fully explain the circumstancesunder which this activity would occur.

Honorary Advisory BoardThe presence of a candidate on DEREF's

advisory board, or the appearance of thecandidate's name in DEREF's letterhead orliterature, raises the possibility of anin-kind contribution either to or from thecandidate. (See ADs 1985-38 and 1983-12.)

DEREF, however, has stated that boardmembers will not influence the choice ofrecipients for committee contributions.That fact plus two other factors would tendto negate the conclusion that a contribu­tion would result from the presence of anycandidates on DEREF's board: (1) the can­didates will not be involved in DEREF'soperations and (2) DEREF will make no ref­erence to their candidacies.

(Date Issuad: January 17, 1992;Length: 8 pages)

NJ 1991-38: Repayment of &abezzled Fundsto Candidate Cc:mnittee

A court-ordered repayment of embezzledfunds to Senator Dennis neconctndr s

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FEDERAL ELECTION COMMISSION

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March 1992

previous campaign committee (DeConcini '88)is reportable on Schedule D as a debt owedto the committee. 2 u.s.c, S434(b)(8);11 erR l04.3(d) ~nd 104.11. Payments toextinguish the debt must be itemized as"other receipts l1 on Schedule A, with a noteexplaining the nature of the receipt toshow that the funds are not subject to thecontribution limits. 11 ern l04.3(a){3) (x)and (4)(vi). DeCoooini '88 may transferthe debt, which is an account receivable,to Senator DeConcini's current committee(DeConcini ' 94) •

A $500,000 embe~zlement by a formertreasurer left DeConcini ' 88 approximately$60,000 in debt. Following the Commis­sion's advice in AD 1989-10 (issued in JUly1989), the committee held a fundraiser toretlre the debt. Now, a district court hasrequired the former treasurer to repay thefunds. The amount owed is considered anaccount receivable of DeConcini '88, re­portable as a debt owed to the cornmi tteeuntil extinguished. .

The debt may be transferred to theDeConcini '94 under 11 CFR ll0.3(c)(4),which permits the transfer of unlimitedfunds between a candidate's previous andcurrent c~ign committees (unless thecandidate is a candidate for more than onefederal office or the transfer contains im­permissible funds). '!'he rollover of thedebt should be disclosed on Schedule D byboth cornmi ttees.

The fomer treasurer, who is makingrestitution, may not act as a conduit forfunds from prohibited sources or for con­tributions made in the name of another(which ~re prohibited under 2 U.S.C.S44lf). (Date Issued: January 17, 1992;Length: 3 pages)

COURT CASES

AKINS v , FEeOn January 21, 1991, with the consent

of all parties, the U.S. District Court forthe District of Columbia remanded the caseto the FEC and ordered the agency to make afinal determination on plaintiffs' adminis­trative complaint by May 29, 1992. (CivilAction No. 91-2831.)

The court then dismdssed the case fromthe court dockets but allowed plaintiffs toapply for the case to be reinstated afterMay 29, 1992. If they do not apply by June29. however, the court will dismiss thecase with prejudice.

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Volume 18, Number 3

Mr. Akins and five other individualshad originally asked the court to: declarethat the FEe's failu~e to act on their c0m­plaint within 120 days was contrary to lawpursuant to 2 U.S.C. §437g{aH8){C~; andorder the agency to take action within 30days.

REH LITIGM'ICN

Trinsey v. FEC, et al.John H. Trinsey, Jr., who is on the New

Hampshire ballot as a 1992 Republican·Pres­idential candidate, brings suit against theFEC, 49 of the 50 states (all states except~ew Hampshire), the District of Columbiaand Guam. He seeks a declaration that theballot access laws in South Dakota (wherehe alleges he was denied access to th~

Presidential primary ballot) and in theother ~d jurisdictions a~e unconstitu­tional. Be asks the court to issue re­straining orders and injunctions to preventthe jurisdictions from holding 1992 Presi­dential primary elections. Mr. Trinseyalso asks the court for a restraining orderand an injunction to suspend payment ofmatching funds to 1992 candidates until heis permitted to gain access to the ballotsin the jurisdictions.

u.s. District Court for the EasternDistrict of pennsylvania, Civil Action No.91-8041, December 31, 1991.

Freedom Republicans, Inc. v, FEeThe Freedom Republicans, Inc., and its

president, Lugenia Gordon, allege that theRepublican Party's delegate selection rulesresult in the underrepresentation of Af~i­

can Americans and other ethnic minoritiesin the party's national nominating conven­tion. Based on this allegation, plaintiffsclaim that the selection procedure for theParty's 1992 convention is in violation ofTitle VI of the Civil Rights Act of 1986,42 U.S.C. §2000d, which bars racial andethnic discrimination in any program re­ceiving federal funding. Plaintiffs fur­ther claim that the FEe, as the agencyresponsible for certifying public funds, isalso responsible for ensuring that the con­vention funding program complies with 'ritleVI. plaintiffs had included these allega­tions in an administrative complaint thatwas dismissed by the FEe for lack of juris­diction.

Plaintiffs therefore ask that the courtorder the FEe to:o Accept jurisdiction over the administra­

tive complaint;(continued)

PUBLIC APPEARANCES

FEDERAL ELECTION COMMISSIONMarch 1992

a Adopt regulations to irrplement Ti tle VIof the Civil Rights Act with respect toconvention funding I

o prohibit the National Republican Commit­tee from spending the federal funds ithas received for the 1992 conventionuntil it has complied with Title VI; and

o If it fails to comply, recover federalfunds in the Cowmittee's possession.

U.S. District Court for the District ofColumbia, civil Action No. 92-0153, January17, 1992,

Ccmnon cause v. FEe' (92-0249)Common cause asks the court to: de­

clare that the FEC's failure to act on anaOministrative complaint within 120 days iscontrary to law pursuant to 2 U.S.C. §437g(a)(8)(C); and order the agency to takeaction within 30 days.

Plaintiff claims that the FEe hasfailed to take required action on an admin­istrative complaint Common Cause had filedwith the agency on November 1, 1990. Inthat complaint, Common Cause had allegedthat seven individuals had each violated2 U.S.C. §441a(a)(3) by making contribu­tions in excess of the $25,000 calendar­year limit on aggregate contributions.

U.S. District Court for the District ofCol\l1\'tbia, Civil Action NO. 92-0249, January28, 1992.

aceeetcct v , FEeEugene Branstool, chairman of the Ohio

Democratic Party, and five other plaintiffSask the court to (l) find that the FEe'sdecision to take no action on their adnUn­istrative complaint was contrary to law and(2) order the FEC to act on the allegationscontained in the complaint.

The administrative complaint was filedby the former chairmen of the Ohio Demo­cratic Party and the alack Elected Demo­crats of Ohio on behalf of their respectivecommittees. lThe former and current chair­men and the two committees are plaintiffsin the court suit.) The complaint (MUR3069) alleged that independent expendi turesmade by the National Security politicalAction cou:cmi.ttee to advocate the defeat of198B Presidential nondnee Michael Dukakiswere actually coordinated with agents ofthe Bush-Quayle 'BS campaign. As a result,plaintiffs claim, the expenditures were notindependent but instead constituted exces­sive and unlawful contributions to theBush--Quayle '88 campaign.

U.S. District Court for the District ofColumbia, Civil Action No. 92-0284, January31, 1992.

6

Volume 1B, Number 3

3/4 D.C. Bar AssociationWashington, DCLawrence M. Noble, GeneralCounsel

3;20-22 Center for the study of thePresidency

Washington, DCCommissioner Lee Ann Elliott

3;26-27 practising Law InstituteWashington, DCLawrence M. Noble, GeneralCounsel

4;1 Close Up FoundationWashington, DCChairman Joan D. Aikens

4/4 The Society of ProfessionalJournalists

Alexandria, VirginiaKent C. Cooper, AssistantStaff Director, PublicDisclosure DivisionCounsel

REPORTS

l\PR[L REl'ORTIl«icomndttees filing on a quarterly basis

mst file their first quarter report byApril 15. Those filing on a monthly sched­ule must file their report by April 20.

The table on page 9 explains which re­ports your committee must file. 'rhe tableson page 10 list 1992 reporting due datesstarting with April (not included are pre­primary and pre-runoff dates; see Index tothis issue).

For more complete information on 1992reporting, see the January issue or orderthe 1992 reporting handout (call 800/424­9530 or 202/219-3420).

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Bequi["ed Reports•March 1992

GJIDE ro 1992 REPOR'I'Dl3

FEDERAL ELECTION COMMISSION Volume 18, Number3

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semi- Quar- Pre- 1 Pre- PoSt-Type of Filer annual terly _thly Primary """"'al General

House and Senate eantpaigns .r .r .r .rof 1992 Candidates required only if candidate

runs in election

other Rouse and Senate .rCampaigns

1992 Presidential Campaigns .r .r .rAnticipating Activity of filed in lieu of$100,000 or Above Nov. and Dec.

monthly reportsif candidate runsin gen'1 election

1992 Presidential CanQ?aigns .r r .r .rWith Activi ty Less Than required only if candidate$100,000 runs in election

Other Presidential Campaigns2 .f--or-----/

PACs and Party Committees .r .r .rFiling: Monthly filed in lieu of

Nov. & Dec.monthly reports

PACs and party 3Commi tl:ees .f .f .f .fFiling Quarterly required only if required

committee makes regard-contributions or less ofex.penditures in activityconnection withelection during4report period

(more reporting tables follow)

lcategory also includes pre-convention and pre-runoff reports.

2presidential commdttees in this category that wish to change their filing frequency during1992 should notify the commdssion in writing.

3pACS and party committees that filed on a semiannual basis in 1991 file on Ell quarterlybasis in 1992. To avoid the need to file pre-primary and pre-runoff reports, thesecommittees may change to monthly filing if they first notify the Commission in writing.Committees may change filing frequency only once a year. 11 CPR 104.5(c).

4see article on pre-election reporting, page 10.

9

March 1992 FEDERAL ELECTION COMMISSrON Volume 18,Number 3

1992~y REFOln'S

1992 IDmILY IU!POR'l'S

Close of Books Filing Date1

PACS .Nm PAR'IY CCIIn'M'EES: PRE-ELECTIQIRE1'()R'1']l\I3 FOR PRESIDENTIAL PRIMARIES

PACs and party comnittees filing on aquarterly basis in 1992 may have to filepre-primary reports if they make a contri­bution or expenditure in connection with aHouse. Senate or Presidential primary elec­tion.1/ The pre-primary reporting require­ment Is triggered if the contribution orexpenditure is made during the applicablereporting period for a primary. 11 eFRl04.5(c)(1)(ii). A reporting period beginsthe day after the close of books for thelast report filed and continues through theclose of books for the pre-election report.

pre-pcimary Reporting Dates1 The reporting dates for House and

Senate primaries were published in theJcmuary issue. The February issue listedreporting dates for the February and MarchPresidential primaries, and the dates forthe remaining Presidential primaries appearon the opposite page.

Please note that Presidential caucusesand conventions held by major politicalparties at the state or local level are notconsidered "elections" for reporting pur­poses. 11 eFR 100.2(e). Therefore, pre­primary reports are not required. AO1979-71.

April 15July 15october 15Jan. 31, '93

Filing Datel

April 20May 20June 20July 20August 20September 20October 20OCtober 22December 3Jan. 31, '93

March 31June 30september 30Dece:rober 31

Period Covered

March 1-31April 1-30May 1-31June 1-30July 1-31August 1-31September 1-30OCt. i-eee. 14Oct. IS-Nov. 23Nov. 24-Dec. 31

Report

1st Quarter2nd Quarter3rd QuarterYear-End

Report

MarchAprilMayJuneJulyAugustSeptember 2Pre-GenetalPost~neral

Year-End

PRE- AND POST-ELECTI<N REfORTS FORl«)VDtBER 3 GJ!iNEllAL ELECTICN

Close of Books Filing Date1Report

pre--Genera12Post--General

October 14N:Jvernber 23

October 22December 3

Changing the Filinq schedulePACs and party cmmUttees filing on a

quarterly schedule may change to a mnthlys~hedule in order to avoid having t.o filepre-convention. pre-primary and pre-runoffreports. The conmittee must first notifythe Commission in writing. The notifica­tion should accompany a report filed underthe committee's current reporting schedule.A cOllllllittee may change its filing frequencyonly once a year. 11 eFR l04.S(c). Seethe I1lOnthly rep::lrting table, oppositecolumn.

lReports sent by registered or certifiedmail m<lst be postmarked by the filing date(except in the case of the pre-generalelection report; See £oot~ote 2). ~eports

sent by other means must be recaived by thefiling date. 11 eFR l04.5(e}.

21£ sent by re9istered or certified mail,the pre-general must be postmarked byOCtober 19.

lA PAC or party committee filing on a quar­terly basis may also have to file a pre­general election report and must file apost-genera1 report. 11 CFR l04.5(ct(1)(if) and (iii). See the "Guide to 1992Reportin9" table on page 9.

10

March 1992 FEDERAL ELECTION COMMISSION Volume 18, Number 3

, • APRIL, MAY AND JtH!: PRPSIDENl'IAL PRIMARIES:PRE-PlUJIW\Y BEPClR'I'IOO: MTES fOR PACS AND PARTY CCft1I'r1'EES FILm:;~y

election Day state or Territory Close of Books!/Reg.ICe<t. 2/

Filing Dat~/Mailing Date-

April 7 Kansas March 18 March 23 March 26MinnesotaNew YorkWisconsin

April 28 Pennsylvania April 8 April 13 April 16

May 5 District of Columbia April 15 April 20 April 23IndianaNorth CarolinaOhio

May 12 Nebraska April 22 April 27 1\pril 30West Virginia

May 19 Oregoo April 29 May 4 May 7Washington

May 26 Arkansas May 6 May 11 May 14IdahoKentucky

• June 2 Alabama May 13 May 18 May 21CaliforniaMontanaNew JerseyNew !'texico

June 9 North Dakota May 20 May 2~/ May 28

•IThis date indicates the end of the reporting period. A reporting period always begins theday after the closing date of the last report filed.

2Reports sent by registered or certified mail must be postmarked by the mailing date.Otherwise, they must be received by the filing date.

~ote that the last day for a registered/certi fied postmark is a federal holiday I when postoffices are closed. The report should therefore be postmarked before that date.

11

FEDERAL ELECTION COMMISSION

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March m92

800 LINE

-CCMPLIANCE WI'l'B IAWS <XJTSIDE FEe' 5JURISDICTICW

The FEe admdnisters and enforces thefederal campaign finance law. But thereare other laws related to federal electionsand political activity that are not underthe FEe's jurisdiction. As an informationservice, this article refers readers to theagencies responsible for administeringthose laws.

Ballot AccessState laws and procedures govern how

federal candidates come to appear on elec­tion ballots. (Filing a statement of Can­didacy on FEe Form 2 does not qualify acandidate for the ballot.) For informationon obtaining ballot access, candidatesshould contact their state election Office.To order an FEe handout listing addressesand telephone numbers of state electionoffices, call 800/424-9530 or 202/219-3420.

The FEC's Clearinghouse on ElectionAdministration has published a referenceguide to each state's ballot access lawsfor U.S. House, Senate and Presidentialcandidates as well as political party com­mittees. For more info~tion, see "Clear­inghouse Publications, II page 13.

Personal Financial Reports Filed bycandidates

The Ethics in Gover~nt Act, as~nded, requires candidates for federaloffice to file reports on their personalfinances (as distinct from campaign financereports). This obligation applies only toindividuals who have met the definition of"candidate" under the Federal ElectionCampaign Act.

under that definition, candidate statusis triggered when an individual and personsauthorized to conduct campaign activity onhis or her behalf receive over $5,000 incontributions or make over $5,000 in ex­penditures. 2 U.S.C. §43l(2); sea also11 eFR 100.3(al.

A personal financial report must; befiled within 30 days after the individualbecomes a "candidate" or by May 15 of thatyear, whichever is later, but in no eventlater than 30 days before the primary elec­tion.1/ Candidates should contact the

lOr whichever election (or caucus) is thefirst in which the candidate participatesafter exceeding the $5,000 threshold.

12

Volume 18, Number 3

appropriate office listed below, which canprovide further infoO'lation on forms andfiling requirements.o Bouse C8ndidates~ Bouse Committee on

standards of Official Conduct, Thecapitol, ROOm HT-2, Washington, IX:: 20515(202;225-7103) .

o senate candidates: Senate Select Comnit­tee on Ethics, 220 Hart Senate OfficeBuilding, Washington, DC 20510( 202;224-29811.

o Presidential and Vice Presidentialcandidates: U.S. Office of GovernmentEthics, 1201 New York Avenue, W, Suite500, Washington, DC 20005 (202/523-5757).

Individuals who voluntarily register asHouse or Senate candidates without exceed­ing the $5,000 threshold should notify theappropriate Ethics committee of the volun­tary registration. Otherwise, they couldreceive notices of their failure to filepersonal financial statements.

Bouse and senate RulesThe U.S. House of Representatives and

the U.S. Senate each have rules regulatingactivity of incumbent Representatives andSenators. Contact the House and Senatecommdttees listed above for information.

Federal Tall: LawsAll political corondttees of whatever

type--candidate, party or political actioncommdttees--must comply with federal taxlaws, which are interpreted and applied bythe Internal Revenue Service. Listed beloware three areas of concern to politicalcommittees.

Taxpayer ID tlmber. Before opening abank account, a committee must have a tax­payer identification number. The corrauitteeshould apply for an "employer identifica­tion number," even if the cOJllIllittee has nopaid staff. To obtain a number, a cotllltlit­tee should order Form SS-4 (call 1-800~­FORM) . The form provides instructions onhow to phone in the required' information sothat the committee may immediately receivean assigned number.

Tax Obligations. Political organiza­tions do not pay taxes on amounts receivedas contributions. A committee may never­theless have to pay taxes on:o "Business income" such as dividends or

interest earned on invested funds; ando Committee funds spent for nonpolitical

purposes. Note that the IRS may considerspending as nonpolitical even if theexpenditures are permissible under theFederal Election campaign Act and Houseand Senate rules.

•

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•

FEDERAL ELECTION COMMISSION

•

•

•

March 1992

Only committees with a tax obligatipnare required to file an annual tax returnon Form H20-POL.

The IRS Exempt Organizations TechnicalDivision can provide further information.The address is: 1111 Constitution Avenue,NW, Washington, DC 20224 (Attn: E:EO).Phone calls may directed to either JackReilly (202/566-4050) or Dave Jones(202/566-3272) ,

IRS Disclaimer Notice. Under theInternal Revenue Code, political committeeswhose gro~s annual receipts normally exceed$100,000 must carry a disclaimer on solici­tations. The disclaimer notifies donorsthat their contributions are not tax de­ductible. There are substantial penaltiesfor failure to comply with this provision.Committees should contact the IRS ExemptOrganizations Technical Division (see,above) for more complete information.

State Tax Lawscommittees should also contact the

appropriate state agenay for information oncompliance with state tax laws.

CCIlIIlBlications ActThe Federal Communications Co~ssion

(FCC) is the agency responsible for admin­istering the laws on cable, broadcasts and900-line communications.

Broadcast Ads. The FCC's Fairness/political Prograndng Branch is the officeto contact for information on the rulesgoverning political broadcasts. Among thesubject areas the office regulates are thefairness doctrine, equal opportunity rules,sponsor identification notices and ratesfor purchasing airtime for political ads.Call or write the Fairness/political Pro­graming Branch, Federal CommunicationsCommission, 2025 M street, NW, Room 8202,Washington, DC 20554 (202/632-7586).

gOD-Line Telephone Messages. eorin£o~tion on regulations related to 900­line messages, including the required pre­amble, contact the Common Carrier Bureau,Enforcement Division, Federal Communica­tions Commission, 2025 M Street, I\W,Washington, DC 20554 (202/632-7553).

HatCh ActThe Hatch Act bars certain partisan

political activities by most federalgovernment employees and by ceccarn stateand local government employees. Contactthe Office of Special Counsel, 1120 VermontAvenue, NW, Suite 1100, washington, DC20005 (600/872-9855 or 202/653-7188) 7

13

Volume 18, Number 3

Note that some federal agencies havetheir own rules on the p.?1itical conduct ofemployees. Additionally, there are nonfed­eral laws regulating state and localel'l'ployees.

S\lppOrt of Nonfederal CandidatesAlthough federal law permits committees

to make contributions to nonfederal candi­dates, some state laws place restrictionson such contributions. For information ona particular state, call the state electionoffice.

The FEC's Clearinghouse has published asummary of state campaign finance laws thatincludes quick-reference charts. See"Clearinghouse t>ublications," below.

COntected Elections and RecountsThis is an area regulated by federal

law and state government. state electionofficers should be consulted. A Clearing­house study in this area, Contested Elec­tions and Recounts, is described under"Clearinghouse Publications," below.

voting Rights ActFor infonnation on the Voting Rights

Act of 1965, and to report suspected vio­lations of the Act, contact the VotingSection, civil Rights Division, U.S.DQpartment of Justice, P.O. Box 66128,...hington. DC 20035 1202/307-2767).

The Clearinghouse publication FederalElection LaW 91 describes provisions of theVoting Rights Act; see below.

Voter FraudAllegations of voter fraud should be

reported to either the nearest FederalBureau of Investigations office or thenearest U.S. Attorney's office. FederalElection Law 91 (see below) summarizesteaeral statutes that pertain to voterfraud and other illegal voting activity.

Cleatinghou6e PublicationsThe Clearinghouse publications cited in

this article are listed below. They areavailable at federal depository libraries(state, university and major metropolitanlibraries). The last publication listed,Federal Election Law 91, is also availablefree from the Cleadnghollse. The othersmay be ordered from the u.s. covernmerrtPrinting Office at the charge given below.To order, list each title and stock number(also given below) and enclose a check forthe full amount made payable to the super­intendent of Documents. Mail the order to:Superintendent of DOcuments, c,e, Govern­ment printing Office, Washington, OC 20402,

(continued)

March 1992 FEDERAL ELECTION COMMISSION Volume 18, Number 3

For further information on clearing­house publications, call that office:800/424-9530 (ask for the Clearinghouse) or202;219-3670.

Ballot ACcess (Autumn 1988)o volume I: Issues and Options

052-006-00042-2, $ 4.50Comprehensive study of current issues andtrends in ballot access law throughoutthe U.S.

o volume 2; For Congressional cancnclates052-006-00046-5, $10.00Volume 3: For Presidential Candidates052-006-00047-3, $ 9.00Volumes provide state-by-state ballotaccess requirements in bOth primary andgeneral elections for U.S. House, Senateand Presidential candid~tes (major party,minor party, independent and write-incandidates) .

o Volume 4: For POlitical Parties052-006-00048-1, $ 3.75State-by-state rules for the fonnationand ballot access of political parties.

<:aJq;laign Finance Law gO: A SolIDary ofState Campaign Finance Laws with QuickReference Charts (March 1990)052-006-00045-7, $23.00(An updated version will be available thisspring.)

Contested Elections and Recounts(AuttmUi 1990)o VolUJDe 1: Issues and Options in

Resolving Disputed Federal Elections052-006-00049-0, $ 4.25Legal background and procedures forhandling contested elections.

o volume 2: A SUDmary of State Proceduresfor Resolving Disputed Federal Elections052-006-00050-3, $9.00

Federal Election Law 91 (May 1991)Summarizes the constitutional provisionsand selected federal statues that apply toregistration and voting. (Call the Clear­inghouse for a free copy.)

PUBLIC FUNDING

1992 PUBLIC FtH>DG PNl'I'l'LmU!NI'S AND SPENDING LIMITSWith the release of the 1991 cost-of-living adjustment (COLA), the 1992 public funding

entitlements and spending limits are now available and are listed in the accompanyin9tables.

The 1991 COLA was 2.762. This figure is unofficial in that it has not yet been certi­fied by the Secretary of Labor. Committees may nevertheless rely on the limits listed inthe tables. In the unlikely event that the certified COlA differs from the 2.762 figure,revised limits will be published in the April Record.

NationalExpenditureLimit

1992 Limit $~7.62

million

FoIDl.l1a $10 millionx COLA

hiditionalFundraisil19'Limit

$5.524million

20% ofnationallimit

Expenditure Limitin Each state

The greater of $552,400 oramount calculated underfonnula(b)31

The greater of:(a) $200,000 x COLA; or(b) 16 cents x state votingage population x CCtA

Maxilua MatchinqFunds caMidateMay Receive

$13 •&1 million

50\ of nationallimit

fA candidate ~y also spend $50,000 from personal fwds.

2The state-by-state expenditure limits were published in a February 12 press release. Toorder a copy, call: 800/424-9530 (ask for Public Records) or 202/219-4140.

14

March 1992 FEDERAL ELECTION COMMISSION Volume 18,Number3E

Major Party NationalNominating Convention

Kajor partyPresidential NaDinee

1992 Public f'UDding Entitlement $11.048 million~1 $55.24 million

1992 Expenditure Limit Same as above Same as above

Fotllllla $4 million x COLA $20 million x COLA

lA candidate may akse spend $50,000 from personal funds.

2In July 1991, the 1992 Democratic and Republican national nominating conventions eachreceived $10.6 mdllion in public funds; they will ~eceive their remaining entitlement($448,000 apiece) in 1992. The Democratic conventron will be held in New York City on July13-16; the Republican convention will be held in Houston on August 17-20.

l NUmber s rounded to th0 nearest dollar.

200 January 8, Governor Wilder amouncedthat he would no longer seek the Presiden­tial nomination.

determination. The candidate must alsoagree to comply with the law in a letter ofagreements and certifications (a "9033letter").

once eligible, a candidate may submitadditional contributions for matching funds(matching fund submissions) on the firstworking day of each month. The Commissionreviews the submission and certifies pay­ment at the end of the month. Treasurythen makes the payment to the candidatewi thin one or two days. Candidates maycontinue to make matching fund submdssionsonce a month through March 1, 1993.

$ 393,048100,000

3,640,8891,400,599

763,9281,327,120

833,364556,445289,027

$9,304,420

CUJDulative'1'otal

$ 158,122100,000

1,011,524821,235139,431251,931258,767

99,91090,711

$2,931,632

Feb. 4Payment

Brown $ 234, 926Buchanan 0Bush 2,629,366C1inton 579,364Fulani 624,497Barkin 1,075,189Kettey 574,597T$ongas 456,535WiIder2j 198,315Total - $6, 372,788

Jan. 2payment

15

'8UCfWWl, E'IClfl' <11'HER CANDIMTESRECEIVE MM'CHIR; FWDS

On January 27, 1992, Patrick J.Buchanan became eligible to receive match­ing funds for his 1992 Presidential prima~

campaign. The Commission certified hisinitial $100,000 matching fund payment onJanuary 30, When it also certified paymentsto the other eight candidates who havebecome eligible for matching funds. Thecandidates received payment from the u.s.Treasury on February 4. Each candidate,except Mr. Buchanan. had received anearlier January payment representingmatching funds certified in November andDecember 1991.

The table below lists the amount ofmatching funds each candidate had receivedas of; February 4. Candidates have re­quested an additional $3.6 million inmatching fwrls for the March payment.

Under the matching fund program, eligi­ble candidates receive matching federaldollars for a portion of the contributionsthey raise. The federal government willmatch up to $250 per contributor, but onlycontributions from individuals qualify formatching. To establish eligibility for theprogram, a candidate must submit documenta­tion showing that he or she raised inexcess of $5,000 in matchable contributionsin each of at least 20 states (i.e., over$100,000). This threshold matching fundsubmission is reviewed by the FEC's AuditDivision before the Commission makes its

•

FEDERAL ELECTION COMMISSIONMarch 1992

1992 PIlESIDENl'IAL <nIPLIMCE !Il\NUI\LAVAILABLE

On January 31, 1992, the COImtlissionapproved the 1992 edition of the Financialcontrol and compliance Manual for ~residen­

tial primary Candidates Receiving PublicFinancing. Th& Manual i5 desi.gned to helpmatching fund recipients comply with thethe campaign finance statute and FEe regu­lations. The Manual suggests an overallplan to control and manage campaign ac­counting, reporting and recordkeeping inorder to achieve compliance. The 1992 edi­tion reflects the extensive changes made tothe public funding regulations for Presi­dential primary candidates (effectiveNOvember 6, 1991). It also includes, as anappendix, the revised computerized magneticmedia requirements (see following article).

The FEe's Audit Division has providedcopies to all campaigns eligible for match­i09 funds. other interested part.Les maypu~chase the Manual at a cost of $7.50 fromthe Publio secords Office. call 800/424­9530 (ask for Public Records) or 202/219­4140.

lJPDl\TED MMNE'.I'IC I'IEDIA REOOIREmNI'SThe ccenaseton recently updated its

conputerfaed magnetic media requirements tobroaden the technical standal:"ds for compu­tet files submitted on diskettes. The newstandards appear in the revised document"Computerized MagnetiC Media Requirementsfor Title 26 candidates/Committees Receiv­ing Federal Funding" (CMMR).

As its title implies, the CMMR appliesto magnetic tapes and diskettes required ofoommdttees of publicly funded Presidentialcandidates if the campaign maintains co~

puterized records. See 11 CFR 9003.1(b)(4)and 9033.1(b)(S). The technical standardsset forth in the CMMR ensure compatibilitywith the FEe's computer system.

The commission has sent the revisedCMMR to all Presidential primary campaignseligible for matching funds. It is alsoavailable from the FEe's Public RecordsOffice and Audit nivrston. The changes tothe QlMR were announced in the FederalRegister on February 5, 1992 (57 FR 4453).

16

Volume 18, Number 3

FEDERAL REGISUR

Copies of Federal Register notices areavailable from the Public Records Office.

1991-24Correction; 11 erR Parts 100 and 104:Loans from Lending Institutions tocandidates and political Committees (57 FR2638, January 22, 1992)

1992-111 CFR Parts 100, 110, 114: Honoraria;Final Rule; Technical Amendments (57 FR1640, January IS, 1992)

1992-2Computerized Magnetic Media Requirementsfor Pl:"esidential primary and General Elec­tion caum1ttees; Announcement of Changes(57 FR 4453, Februacy 5, 1992)

STATISTICS

1991 YEAR-mID PAC COlJNI'The total number of PACs registered

with the FEe fell to 4,094, the lowesttotal since mid-l986, when PACs numbered4,092. With the exception of PACs withcooperative sponsors, all categories ofPACs registered declines since the last PACcount was taken in mid-1991.

Please note, however, that the numberof PACs does not necessarily correlate withfinancial activity by PACs. Some regis­tered PACs have little or no financialactivity.

For statistics on semiannual PAC countstaken since 1975, order the press releaseof January 20, 1992; call 800/424-9530 (askfor Public Records) or 2021219-4140.

No. as of Gain or LossPAC Category 12/31191 Since 7/1/91

Corporate 1,738 -7Nonconnected 1,083 -13Trade/Membership/

Health 742 -7Labor 338 -1Corporations

Without Stock 136 -1Cooperatives 57 0Total 4,094 -29

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March 1992 FEDERAL ELECTION COMMISSION Volume 18, Number 3

CANDIDM'E, PAR'!'Y AND PAC AC'l'IVI'lY IXJRING1989-90 CYCLE:; FINM. REPORTS

on December 10, 1991, the Commissionannounced the release of FEe Reports onFinancial Activity, 1989-90, Final Report,a five-volume series containing finalstatistics on the 1989-90 election cycle.The graphs that follow a re based on FinalReport data.

Three FEe press releases issued Decem­ber 10 also use final data to present over­views of candidate, party committee andpolitical action committee (PAC) activityduring the 1990 cycle. The releases con­tain numerous tables and graphs summarizing

1989-90 activity and comparing it withactivity in previous cycles.

The Final Report series and the pressreleases ate available from the FEe's PUb­lic Records Office. The press releases arefree, while each volume of the Final Reportcosts $10, payable in advance. To order,call BOO/424-9S30 (~sk for Public Records}or 202/219-4140.

The Final ltep:>rt is also available onthree computer tapes at $50 pet tape. Forordering information, call the FEe's DataSystems Devolopment Division, 202/219-3730(or use the 800 number and ask for the DataDivision) •

PAC Contributions to Candidates1980 - 1990 Election Cycles

_ Democrats

_ Republicans

199019881986198419821980o

60

20

40

80

Millions of Dollars

100

1'7

March 1992 FEDERAL ELECTION COMMISSION Volume 18, Number 3

Party Committee Cash on Hand andDebts at End of Ejection Cycles1980-1990

_ Cash on Hand

II1II Debts

1980 1982 1984 1986 1986 1990Republican

1980 1962 1964 1986 1988 1990Demacratic

National Party Committees

Millions of Dollars6 r-------------------------------------54 1------­

3 l----~-­

2 I----~­

1o

National senatorial Party Committees

Millions of Dollars65 I--------------------------------l~431--------------21o~1

1980 1982 1984 1986 1988 1990Democratic

1980 1982 1984* 1986 1988 1990Republican

National Congressional Party Committees

Millions of Dollars6 r---------54 1----------.---------­3 --------------------21o

1980 1982 1984 1986 1988 1990Democratic

1980 1982 1984 1986Republican

1990

---------------

State and Local Party Cammittees

Millions of Dollars3.53.0 f.'----------------------------2,52.0 1----------------=----------1.51.0 1------------

,5o

1980 1982 1984 1986 1988 1990Democratic

1980 1982 1984 1986 1988 1990Republican

"The National Republican Senatorial Committee reported a negative cash balance at the end of 1984.

18

March 1992 FEDERAL ELECTION COMMISSION Volume 18, Number 3

"Disbursement figures have been adjusted to subtract funds transferred to another committee of the same campaign.

0--.,...,8-.~

[y;:?'"'~

• • •

r----"

-

19901968

(£)-(9) civil penalties of be­tween $300 and $1,000.

I«IR 2938Respcndents: (a) Kansas StateRepublican Conmittee, DuaneNightingale, treasurer;(b) Kansans for Meinhardt,ROsemary Boston, treasurerComplainant: FEe initiatedSUbject: Excessive contribu­tions; contributions fromunregistered organizationDisposition: (a) and [b) Rea­son to believe but took noEUI::ther action

l'tUB 3030/2600Responr;lcnts: (a) Richard Leh­mann & Associates, Inc. (FL)i(b) aondholdets protectiveAssociation, Inc. (FL);(cl Natiooal Washington PublicPower Supply System BondholdersCOIIallittee, Inc. (FL);

(continued)

1986

House Campaigns

Millions of Dollars165

150

135

120

105

90

75

60

45

30

15

o

-rn-- Democrats

......... Republicans

1990

19

COMPLIANCE

report, or to report correctly,financial activityDisposition: Cal $2,500 civil-penalty; (b) no probable causeto believe

KJR 2893Hespondents (all in CA):(a) Norman J. Pattiz; (b) West­wood One, Inc.; (e) William J.Eattison; (oj Gary J.Yusko,(e) Elizabeth Hines Battiscn;et a1. (£)-1 g)Coolplainants: Mark H. Kress,Margaret M. Kress and Robert D.xrsssSUbject: Knowing and willfulcorporate contributions andcontribJtions in the names ofothersDisposition: lal $26,000 civilpenalty, (b) $26,000 civil pen­altYi (c) $8,000 civil penalty;(dl $8,000 civil penalty (e) noreason to belip.ve;

19881986

fOlIJR 2572Respondents (both in NY):(a) The Committee to Elet:tLevitt, Alvin Smolin, treas­urer; (b) John LevittCamplainant: Georqe McDonald(NY)Subject: Failure to filereport on time; failure to

IIIJRS~ ro 'lItE I'UBLICListed below are MURs (FEe

enforcement c:ases) recentlyreleased for public review.The list is based on the FEepre55 releases of November 21,26 and December 9, 1991, andJanuary lS, 1992. Files onclosed MURs are available forreview in the Public RecordsOffice.

Unless otherwise noted,civil penalties resulted fromconciliation agreements reachedbetween the r~spondents and theCommission.

Senate Campaigns

Millions of Dollars

::F----------135 f----------------

House and Senate Campaignoisbursements*1986- 1990 Ejection Cycles

March 1992 FEDERAL ELECTION COMMISSION Volume 18, Number 3

{d) l1Vnicipal Bond Investorscommcittee (Bond Investors1ISsociation, Inc.) (no); (e IcomfElt Sales Corporation (MA),(f) NOrth carolina Fam Bureau;(9) Bi:ank of HitJhland (IN); (h)platte valley Bank (NE)ca't)hdnant: FEe initiatedSubject: Failure to filestateJllent of organization;failure to file reports ontime, corporate contrib.1tionsDisposition: (a) $1,000 civilpenalty; (b) and (c) probablecause to believe but took nofurther action; (d)-(h) reasonto believe but took no furtheraction

)11K 3D31Respondents: (a) Jo Ann i'epper(FL); (b) Jo AM Pepper Cam-­paiqn conwittee, ternando J.Solano, treasurer (F'Ll;(c) Arlton N. Handal (CA)Coaplainant: FEe initiatedSUbject: Failure to itemizeloans properly and to continu­ously report them; excessivecontributionDisp::lsition: (a) and (b)$2,000 joint civil penalty,(c) reason to believe but tookno further action

!IJR 3048Respal'rlents (all 1n 'l'X):(a) RUcker for Congress, H.Ward Lay, treasurer; Ib) JerryRUcker~ et al. (c)-(h)COIIplainant: Gregg A. Cooke('I'XlSUbject: Excessive contribu­tions; inaccurate disclosureDisposition: (a) $1,500 civilpenalty; (b) no reason to be­lieve; (c)-(h) reason to be­lieve but took no furtheraction

I'lJR 3069Respondents: (a) Bush-Quayle'S8, stanley Huckaby, treasurer(VA); (b) National SecurityPolitical Action Ccmmittee,Elizabeth I. Fediay, treasurer(DC), (el Roger Ailes (NY);(d) Ailes Conmunications (NY);(e) Larry MCCarthy (DCl:(i) Jesse T. Raiford (NY)Ceeplainant: James M. Ruvolo,chairman, ohio DemOcraticParty; Ray Miller, ~resident,

Black Elected Democrats of OhioSUbject: Independent expendi­turesDisposition: (a) and (b) Rea­son to believe but took no fur­ther action; (c)-(f) took noaction

IU\ 3095Respondents: Missouri Demo­cratic state Committee feder­al;nonfederal account, DouglasBrooks, treasurer (MOlCCIIIUainant: FEe initiatedSubject: Improper deposits anduse of corporate andunregistered organization fundsDiS);Osition: $6,000 civilpenalty

1'IUR 3108Respondents: (a) DemcraticState Central Canmittee of Cal­ifornia Federal Account, MartinH. Eber, treasurer: (b) ArthurJ. Shartsis, Inc. (CA);(e) Bartley M. O'Hara, P.C.(DC); (d) Judd D. Malkin (FL);le) Barbara B. Carlson lCA}Coaplainant: FEC initiatedSubject: Corporate and exces­sive contributions; impropertransfer frOll'l nonfederal ac­count, inaccurate disclosureDisposition: (a) $10,nOO civilpenalty; (b) no probable causeto believe; (c) reason to be­lieve but took no further ac­tion; (d)-(e) no probable causeto believe

KJR 3167;'3027;2931Respcmdents (both in VA) ~

(a) PUblic Affairs PoliticalAction committee, Eugene Del­gaudio, treasurer: (b) DirectMarketing Fi~ce and Escrow,Ine.~lainant: Thomas Wollman,Controller, ~lecommunications

Industries, Inc. (~l

SUbject: Failure to disclosedebt continuously; failure tofile report on time; corporatecont.r ibutionsPisposition: (a)ll) $2,050civil penalty, (a)(2) reason tobelieve but took no furthiH ac­tion (corporate contributions);(bl ~eason to believe but tookno further action (corporatecontributions )

IIJR nssRespondents (both in NY):(a) LOcal 1199 Federal Politi­cal Action Fund, Phyllis Har­ris, treasurer; (bl Local 1199Drug, Hospital and Realth careEmployees union~lainant: FEe ini tiatedSUbject: Labor union contribu­HonsDisposition: (a) and {bi$4,000 joint civil penalty

!lIJR 3193Respondents: ~ign fer aNew Majority (Federal), Scott

20

B, Mackenzie, treasurer (VA)CaIlplainantz FEe initiatedSUbject: Excessive contribu­tionsDisposition: $4,000 civilpenalty

~ 3213Respondents: Comittee to Re­Elect Esteban E. Torres toConqress, Sharon J. salcido,treasurer (CAlCOq)1ainant: FEe initiatedSUbject.; Failure to filereports on timeDisposition: $1,300 civilpenalty

MUll 3273Respordents; lleed for CongressCommittee, Elizabeth R. Young,treasurer (RI)Coaple.inant: lEe initiateclSUbject: Failure to file 48­hQU( noticesDisposition: $2,500 ciVilpenalty

J1UR 3271Re8pondent:s: American Finan­cial Services AssociationPolitic;Jl Action COlmlittee(formerly known as NationalConsumer Finance AssociatLo~

PAC), Thomas L. Thomas, treas­urer (DC)Complainant: FEe initiatedSubject: Failure to file re­port on timeDisposition: $875 civilpenalty

MUll 3269Resp;wdents: Home ShoppingNetwork, Inc. Political ActionCOllIllittee (HSN PAC), Les R.Wandler, treasurer (Ft)Ccqllai.nant: FEe initiatedSUbject: Failure to filereport on til"l'leDispositioo: $300 civilpenalty

JII[JR 3310Respn:ients: Osteopathic Poli­tical Action ComDittee, FrankJ. MCDevitt, treasurer (IL)Cc:Jq:Ilainant: FEe initiatedSUbject: Failure to file re­ports on timeDisposiHan: $2, DOO civilpenalty

JIII{JR 3311;3263Respoments: Employees ofMerabank political Action Com­lUi t tee (E!'IPAC}, John E.Bridger, treasurer (AZ)Complainant: FEe initiatedSUbject: Failure to file r~

ports on time

FEDERAL ELECTION COMMISSION

(continued)

Volume 18, Number 32

SUbj!!Ct: Excessive contribu­tionsDisp)Sition: (a) $800 civilpenalty; (b) $800 civil penalty

I'IUR 3378Respondents: Citizens forEleanor Holroes Norton, PaulineSchneider, treasurer (DC)coaplainant: FEe initiatedSUbJ'ect: Failure to file 4B­hour noticesDisposition: $1,350 civLlpenalty

JIIJR 3388RespOrdenta: American Pharma­ceutical Association PAC, GarySchneider: treasurer (DC)COlIplainant: FEC initiatedSUbject: Failure to file re­port on tilDeDispositim: $500 civilpenalty

lIJR 3390Respondents: Association forthe Advancement of :Psychology,Inc./Psychologists fo~ Legisla­tive Action Now, Roqers H.Wright, ph.D, treasurer (00)coq;Uainant: FEe ini tiatedSUbject: Failure to filereport on timeDispositiCll: Reason to believebut: took no further action

l1UR 3391~spandents: Burson-MarstellerPoUtical Action Comni.ttee, J.Gordon stephens, Jr.; treasurer(DC)COqUainant: FEe initiatedSUbject: Failure to file re­port on timeDispositiom $400 civilpenalty

MVR 3392Bespondents: CallpUter SciencesCorporation PAC. Leon J. Level,treasurer (CA)Ccql1ainant: FIlC iniHatedSUbject: Failure to filereport on timeDiqJOsition: seoo civilpenalty

PIJR 3396~ts: Rutak Rock &Campbell PAC, Patrick !'l.. Mur­phey, treasurer (DC)Catplainanb FEe initiatedSUbject: Failure to file re­[Xlrt on timeDisposition: $1,000 civilpenalty

21

JlIlR 3366Respordents: ( a) BruceHerschensohn (CAl;(b) Herschensohn for U.s.senate-1992, Betty presley,treMurer (CA); (e) ltABC-'IV and!<ABC lladio (CA); (d) capitalCities ABC, Inc. (NY)COlIlplainant: Judy H. Hersher,counsel to the California Demo­cratic PartySubject.: Corporate contribu­tionsDisposition: (a)-(d) No reasonto believe

l'IIJR 3346Respondents: MECIA: MunicipalElections Committee of LoSAngeles, Rodney scott, .treas­ureltComplainant: FEe inibatedSUbdect: railure to filereports on timeDisposition: $1,200 civilpenalty

l'roR 3350Respondenta: John Vogt ferCongress e~ttee, RonaldBray, treasurer (FL)C~ainant: FEC iniHatedSUbject: Failure to file 48­hour MticesDisposition: $1,500 civilpenalty

JIIJR 3362Respalldents: Al Smith forCongress Comittee, EllenCamhi, treasurer (CT)CQI!{ilitinant: FEe initiatedSUbject: Failure to file 48­hour notices on timeDi6(101i1tion: $500 civilpenalty

SUbject: ·Failure to filerepoees on timeDisposition: $3,000 civilpenalty

)(JR 3372ltespcndents: Bill 'Iholnas Cam­paign Comrnittee , John eurom.ings,treasurer (CA)cmp1ainant: Fee ini tiatedSUbject: Excessive contribu­tions; corporate contributions:inaccurate [epo[ting; untiltlelydepositDisposition: $1,250 civilpenalty

lUI 3374Respondents (both in TX):(a) Pride Refining Co, PAC(pride PAC-Federal ~, Itobert J.Schumacher, treasurer r(b] Jillbert J. Schumachercmp1ainant: FEe initiated

March 1992

Disposition: Probable cause tobelieve but took no furtheraction

MlJR 3316Respondents: Re-Elect slaugh­ter fQr Congress Connittee,Gary W. Lee, treasurer (VA)CCIIPlainant: FEe initiated'SUbject: Failu~e to file 48­hour noticesDisposition: $1,200 civilpenalty

I'IJR 3323Respondents: Daniel K. Akakafor U.S. Senate, Joseph F.Blanco, treasurer (HI)CCIIIPlainant: FEe initiatedSUbject: FaillJre to fi Ie 48­hour noticesDisposition: $2,000 civilpenalty

P.VR 3326/3314/3185/3103Respondents: Black PoliticalAction ColfllCli ttee (Black PAC).William A. Keyes, treasurer{VA)~ainant: FEe initiatedSUbject: Failure to file re­ports on timeDisposition: $15,000 civilpenalty

JIJR 3329Bespoodent&: DeLeuw, cather &co. PAC, a subcc:=mittee of theParsons corporation PAC, DavidP. Hansgen, treasurer (OC)CaIOlainant: FEe initiatedSUbject: Failure to file re­port on timeDisposition: $500 civilpenalty

I'IlR 3340ResponCents: Don Davis forCongress, con Davis, acting astreasurer (NClCOlIIplainant: FEe initiatedSUbject: f'allure to file U­hour notices on timeDisposition: $600 cIvilpenalty

!'IJR 3341Respondents: J'ohn F. MacGovernfor Congress DOmIdttee, John w.Reedy, treasurer (MAlcoq>lainant: FEe initiatedSubject; Failure te file 48­hour noticesDisposition: $2,050 civilpenalty

l'IJR 3343Respc:mdents: DemocraticCongressional Fund. Bruce A,Lehman, treasurer (nelCOlIplainant: FEe initiated

FEDERAL ELECTION COMMISSIONMarch 1992

MOR 3399Respondents: National Associa­tion of Trade and Technic~l1

Schools PAC, John Freeman,treasurer (DC)Callplainant~ FEe initiatedSUbject: Failure to file re­port on tineDisposition: $500 civilpenalty

JIJ1l 3404Respmclents: Hollywood WOJDen'SPolitical Co1IIIl:ittee, Judithtcmseetn, treasurer (CAl~ainant: FEe initiatedSUbject: Failure to file re­port on timeDisposition: $800 civilpenalty

MUa 3405Respmdents: Korean AmericanNational Political Action Com­mittee, Yong C. Kim, treasurer(CA)Cc:llIlIpl.ainant: FEe initiatedSUbject: Failure to file re­port on timeDisposition: $300 civilpenalty

MUll 3406Respon;lenu>: National porkProducers Council Pork PAC,Jeff A. seccse, treasurer (IA)C<lIIIplainlmt; FEe in1 tiatedSubject: Failure to file re­port on timeDisposition: $750 civilpenalty

JIIUR 3407Respondents: Pelican PoliticalAction collllllittee, Robert G.Szabo, treasurer (DC)coqUainant: FEe initiatedSUbject: Failure to file re­port on timeDisposition: $500 civilpenalty

J'IJR 3408Respondents: Pfizec PAC,William E. aervev. treasurerINYICQIIPlainant: FEe initiatedSUbject: Failuce to filereport on till1eDisposition: $aoo civilpenalty

JllJR 3409Resp::mdents: Pipe-fitters LocalUnion NO. 274, Political ActionComntittee, Edward Plander,treasurer (NJ]COapla.inant: FEe initiatedSUbject: Failuce to fi te ce­port on time

Oispositim: $1{10 civilpelUllty _

JIJR 3412Resp:nlents: S'l'ERLPAC-Ster­ling Drug me, ~loyees ,Poli­tical Action COlIlmittee for re­proved ccvemeene, sal J.RubinQ, cceesurer (NY)~ainant: FEC ini t1atedSUbject: Failure to file re­port on timeDi&pCBiUon: $500 civilpenalty

I'IlR 3413Re&pClldents: Tele-colllllW'lica­t1oos, rnc, PAC, Gary K.Bcacken, tceasurer (CO)CoIIplainant: FEe initiatedSubject: Failure to file ce­poct on timeDisposition: $300 civilpenalty

I'IlR 3416Resprxdents: Vote Choice,Margery Tabankin, treasurer(CAlCCmplainant: FEe iniHatedSubject: FaBure to file re­port on timeDisposition: $1,500 civilpenalty

HIm 3411RespOo:lents: Wine and SpiritsWholesalers of Ametica, Inc.Political Committee, Douglas W.Metz, treasurer (DC)CCapla:i.nant: FEe initiatedSUbject: Failure to file re­port OIl timeDisposition: $1,100 civilpenalty

JIIlJR' 3423IlespaOOents: Conmil:tee toElect John Raub, Janes nonehen ,treasurer (NIl)CCIIp1ainant: FEC ini tiatedSUbject: Failure to file 48­hour notices on timeDisposition: $5,000 civilpenalty

MUR 3442Respondents (both in DC):(a) NRA-·lnstitute for Legisla­tive Action (DC}; {b} NRA.Political Victory Fund, GrantA. wills, treasurer (DC)~ajJW\t: 'FEe initiatedSUbject: Untimely reimburse-­ment of corporate fundsDisposition: (al and (bl Rea­son to believe but took nofurther action

22

Volume 18, Number 3

•

•

•

'!be first number in each citationrefers to the "number" (month) of the 1992Record issue in which the article appeared;the second number, following the colon,indicates the page numoer in that issue.

ADVISORY OPINlrnB1991-29~ Contributions received and made by

corporation's employee pledge program,1:4

1991-33: Allocation of expenses when partycommdttee administers primary election,1:6

1991-34: Committee sale of access to voterdata base as ongoing venture, 1:6

1991-35: Application of allocation ruleswhen SSF's nonfederal account pays itsown administrative expenses, 2:10

1991-36: Corporation's payment of employ­ee's travel expenses to attend partyfundraiser, 3:5

1991-37: Nonconnected PAC's payment toincorporated firm for shared facilitiesand services contributed to cornndttees,3:5

1991-38: Repayment of embezzled funds tocandidate committee, 3:6

•March 1992 FEDERAL ELECTION COMMISSION

INDEX

Volume 18. Number3

•

COURT CASESFEe v.

- AFS~PQ, 1:7- NRA POlitical Victory Fund, 1:7

v. FEe~Akins, 1:8, 3:7

- ~tool. 3:8- Common Cause (91-2914), 1:9- Common Cause (92-0249), 3:8- Freedom Republicans, Inc., 3:7- Trinsey, 3:7

REPORl'INGpre-primacy dates, 1992

- House and Senate, 1:14- Presidential, 2:10; 3:10

schedule for 1992, 1:10; 3:8

SPENDING l.IMITS FOR 1992Coordinated party, 3:1presidential, 3:14

800 LINECOlTpliance with laws outside FEe's juris­

diction, 3:12Last-minute contributions: 48-hour notices

required, 1:18Registration by candidates and theirco~ttees, 2:12

23

Political CommitteesTreasurers of registered political committees automatically receiv@ the Record.

A change of address by a political comncittee (or any change to infonnation disclosedon the Statement of organization) must, by law, be made in writing on FEe Form 1 or byletter. The treasurer ImJst sign the amendment and file it with the secretary of theSenate, the Clerk of the House or the FEe (as appropriate) and with the appropriatestate office.

other SubscribersRecord subscribers who are not regi6tered political comnattees should include the

following information when requesting a change of address:o Subscription number (located on the upper left hand corner of the mailing label);o Name of the subscriber;o Old address; ~o New address.

SUbscribers (other than political cammittees) may correct their addresses byphone as well as by mail.

•Volume 18, Number3

Bulk Rate MailPostage and Fees Paid

Federal Election CommissionPermit NumberG-31

FEDERAL ELECTION COMMISSION

FEDERAL ELECTION COMMISSiON999 E Street, NW

Washington, DC 20463

March 1992

Official Business