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Federal Election Commission - Advisory Opinions
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4520545
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Federal Election Commission - Advisory Opinions
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Philip W. Buchen Files
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The original documents are located in Box 15, folder "Federal Election Commission -
Advisory Opinions)" of the Philip Buchen Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 15 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
FILE THE FOLLOWING 11 PAGES WITH THE OTHER COVER
SHEETS IN THE "ADVISORY OPINIONS (FEC)" SECTION
FORD is LIBRARY GERALD
FEDERAL ELECTION LAW MANUAL
Interpretations of the Federal Election Campaign Act,
and Amendments of 1974 by Advisory Opinions of the Federal Election
Commission.
AO 1975 - 2
(August 18, 1975)
Page of Manual
Key Words
Section of U.S.
Code Interpreted
20-28
day-to-day
18 U.S.C. 591(f)(1)
political business;
influencing elections
20-28
newsletter;
18 U.S.C. 591 (f) (4) (c)
expenditure
exemptions
20-28
expenditure
18 U.S.C. 591 (f) (4) (1)
exemptions;
solicitation of contributions
by political committee
29-37
limitations on
18 U.S.C. 608(b)
contributions by
subordinate
committees
54-56
subordinate committees
18 U.S.C. 608 (f)
54-56
limitations on
18 U.S.C. 608(f)(3)
expenditures by
subordinate committees;
county committees;
district committees
71-73
contributions
2 U.S.C. 431 (e) (5) (A)
18 U.S.C. 591 (e) (5) (A)
81-83
registration of
2 U.S.C. 433
political committees
84-86
campaign depositories
2 U.S.C. 437 (b)
GERALD
LIBRARY
Page of Manual
Key Words
Section of U.S.
Code Interpreted
90,94,95-97
reports
2 U.S.C. 434(a) (1) (2)
98
reports
2 U.S.C. 434(e)
99-101
reports
2 U.S.C. 437 (a)
TURO is LIBRARY 03RALD
FEDERAL ELECTION LAW MANUAL
Interpretations of the Federal Election Campaign Act,
and Amendments of 1974 by Advisory Opinions of the Federal Election
Commission.
AO 1975 - 3
(August 18, 1975)
Page of Manual
Key Words
Section of U.S.
Code Interpreted
12-19
congressional campaign 18 U.S.C. 591 (e)
committee
29-37.
contributions to and
18 U.S.C. 608
49-62.
expenditures from office
...
accounts; franking account
30-32
congressional campaign
18 U.S.C. 608 (b) (2)
committee
50, 51
limitations on
18 U.S.C. 608 (c) (1) (E)
expenditures
88, 131
office accounts
2 U.S.C. 439 a
franking account
39 U.S.C. 3210(f)
rund
GERALD
LIBRARY
FEDERAL ELECTION LAW MANUAL
Interpretations of the Federal Election Campaign Act,
and Amendments of 1974 by Advisory Opinions of the Federal
Election Commission.
AO 1975 - 7
(September 3, 1975)
Page of Manual
Key Words
Section of U.S.
Code Interpreted
29-37.
contribtions to and
18 U.S.C. 608
49-62.
expenditures from
....
office accounts
38-41,62
corporate contributions 18 U.S.C. 610
84-86
campaign depositories
2U.S.C. 437 b
88, 131
office accounts
2 U.S.C. 439 a
102, 116, 123
powers of commission
2 U.S.C. 437 d (a)(9)
BERALD FORD LIBRARY
FEDERAL ELECTION LAW MANUAL
Interpretations of the Federal Election Campaign Act,
and Amendments of 1974 by Advisory Opinions of the Federal Election
Commission.
AO 1975 - 8
(August 21, 1975)
Page of Manual
Key Words
Section of U.S.
Code Interpreted
7
"candidate"
18 U.S.C. 591(b)
38-41, 62
Corporate contributions
18 U.S.C. 610
officeholders and
candidates distinguished
42, 43
corporate contributions; 18 U.S.C. 111
officeholders and candidates
distinguished
47,48,131
honorariums,
18 U.S.C. 616
travel expenses
70
"candidate"
2 U.S.C. 431(b)
FORD & LIBRARY OERALD
FEDERAL ELECTION LAW MANUAL
Interpretations of the Federal Election Campaign Act,
and Amendments of 1974 by Advisory Opinions of the Federal Election
Commission.
AO 1975 - 9
(August 19, 1975)
Page of Manual
Key Words
Section of U.S.
Code Interpreted
6
"election";
18 U.S.C. 591 (a)
unopposed election
29-37.
unopposed election;
18 U.S.C. 608
49-62.
expenditure limitations;
...
contribution limitations
FORDO is LIBRARY GERALD
FEDERAL ELECTION LAW MANUAL
Interpretations of the Federal Election Campaign Act,
and Amendments of 1974 by Advisory Opinions of the Federal
Election Commission.
AO 1975 - 10
(September 3, 1975)
Page of Manual
Key Words
Section of U.S.
Code Interpreted
29-32
contribution limits
18 U.S.C. 608 (b) (1) (2)
29-32
transfer of funds
18 U.S.C. 608 (b) (1) (2)
29-47
office accounts,
18 U.S.C. 608, 610, 611,
constituent service
613, 614, 615
accounts
37
earmarked transfers,
18 U.S.C. 608 (b) (6)
pass-through of funds
38-45,62
transfer of funds
18 U.S.C. 610, 611, 613
49-62
office accounts,
18 U.S.C. 608, 610, 611,
constitutent service
613, 614, 615
accounts
50-52
limitations on
18 U.S.C. 608 (c)
expenditures
59, 60
transfer of funds,
18 U.S.C. 608 (a)
contribution limits
71-73
"contribution",
2 U.S.C. 431 (e) (3)
transfer of funds
84-86
campaign depositories,
2 U.S.C. 437 b (a) (1)
savings accounts
88, 131
office accounts,
2 U.S.C. 439 a
constitutent service
accounts
91-93
reports, reporting
2 U.S.C. 434
B)
FORD
transferred funds,
reporting interest
GERALD
earned
LIBRARY
FEDERAL ELECTION LAW MANUAL
Interpretations of the Federal Election Campaign Act,
and Amendments of 1974 by Advisory Opinions of the Federal Election
Commission.
AO 1975 - 13
(August 21, 1975)
Page of Manual
Key Words
Section of U.S.
Code Interpreted
7
"Candidate"
18 U.S.C. 591(b)
38-41, 62
travel expenses;
18 U.S.C. 610
indirect contributions;
corporate contributions,
chamber of commerce
contributions
70
"Candidate"
2 U.S.C. 431(b)
FEDERAL ELECTION LAW MANUAL
Interpretations of the Federal Election Campaign Act,
and Amendments of 1974 by Advisory Opinions of the Federal Election
Commission.
AO 1975 - 14
Page of Manual
Key Words
Section of U.S.
Code Interpreted
11 - 19
donations in kind
18 U.S.C. 591 (e)
...
29 - 37.
legislative activities
18 U.S.C. 608
49 - 62.
29 - 37.
contributions to and
18 U.S.C. 608
49 - 62.
expenditures from
...
office accounts
38 - 41, 62
corporate contributions
18 U.S.C. 610
38 - 41, 62
labor organization
18 U.S.C. 610
contributions
88, 131
office accounts
2 U.S.C. 439(a)
88, 131
contributions to and
2 U.S.C. 439 (a)
expenditures from
office accounts
franking account
39 U.S.C. 3210(f)
BERALD FORD LIBRARY
FEDERAL ELECTION LAW MANUAL
Interpretations of the Federal Election Compaign Act,
and Amendments of 1974 by Advisory Opinions of the Federal Election
Commission.
AO 1975 - 16
(August 19, 1975)
Page of Manual
Key Words
Section of U.S.
Code Interpreted
38-41, 62
Nonprofit corporations;
18 U.S.C. 610
incorporated political
committees;
separate segregated
fund
52
authorized committees
18 U.S.C. 608 (c) (2) (B)
83
reporting disbanding
2 U.S.C. 433 (d)
of committees
83, 90
principal campaign
2 U.S.C. 432(f)
committee
83, 90
reports
2 U.S.C. 432 (f) (2) and (3)
88
authorized committees
2 U.S.C. 432(e)
84-86, 115
depositories
2 U.S.C. 437 b (a)
91-94
disbanding
2 U.S.C. 434(b) (12)
of committees
90,94,95-97
quarterly reports
2 U.S.C. 434(a) (1)(c)
117,118,120
reports by Commission
2 U.S.C. 438(a)(7)
FORD & GERALD LIBRARY
FEDERAL ELECTION LAW MANUAL
Interpretations of the Federal Election Campaign Act,
and Amendments of 1974 by Advisory Opinions of the Federal
Election Commission.
AO 1975 - 17
(September 3, 1975)
Page of Manual
Key Words
Section of U.S.
Code Interpreted
11, 65
"person"
18 U.S.C. 591 (q)
"Partnership"
29
contributions by
18 U.S.C. 608(b) (1)
partnerships
46
contributions in
18 U.S.C. 614
name of another
79
"partnership"
2 U.S.C. 431(h)
"person"
87, 135
recording
2 U.S.C. 432(c)
partnership
contributions
FORD i LIBRARY CERALD
FILE THE FOLLOWING 12 PAGES UNDER "ADVISORY
OPINIONS (FEC)"
FORD is LIBRARY BERALD
31081
NOTICES
FEDERAL ELECTION COMMISSION
tallons and prohibitions on such trans-
ents, and because "they are n means of de-
actions.
veloping continuing support for futuro
INotico 1975-23]
Further, Congress has recognized the
elections." Although these aro entirely
political value and campaign-related na-
legitimate activities, they are political in
ADVISORY OPYNION 1975-14
nature rather than legislative, in the senso
ture of material mailed under the frank
ntributions by Banks. Corporations, and
that term has been used by the Court in
and has provided in $ 3210(f) of Title 39,
Labor Unions to Defray Constituent Serv-
prior cases.
United States Code, that:
ice Expenses
As an office account will be conclu-
The equivalent amount of postage
This advisory opinion Is rendered
slvely presumed to be used solely for
on franked mail mailed under the frank of
under 2 U.S.C. $ 437f in response to rc-
the Vice President or a Member of Congress,
political purposes, contributions to, ex-
quests for advisory opinions submitted
and the cost of preparing or printing such
penditures by, and the general operation
by Congressman M. Caldwell Butler,
frankable matter for such mailing under the
of an office account should be reported
Congressman W. Henson Moore, and
frank. shall not be considered us a contriba-
and otherwise treated as provided in
William J. Holayter. which were pub-
tion to, or an expenditure by. the Vice Presi-
Notice 1975-18 of the Federal Election
lished together as AOR 1075-14 in the
dent or a Member of Compress for the par-
Commission "Office Accounts and Frank-
July 17, 1975, FEDERAL REGISTER (40 FR
pose 0/ determining any Nonitation on CI-
ing Accounts; Excess Campaign Con-
penditures or contributions with respect to
30258). Interested parties were given an
tributions," as published in the Federal
any such official. imposed by any Federal,
opportunity to submit written comments
Register.
State, or local 10w or regulation, in connec-
relating to the requests.
tion with any compaign of such official for
The Commission intends to apply its
The requests generally ask the Com-
election to any Federal ofice. (Emphasis
policy on office accounts as follows:
mission whether, under the Federal Elec-
added)
(a) It is the opinion of the Commis-
tion Campaign Act of 1971 as amended
sion that a corporate donation of the
Accordingly, contributions to and ex-
(the Act), corporate, labor and banking
use of a computer to analyze the results
penditures by a separate segregated
contributions may be accepted for office
of a questionnaire would constitute a
franking account are contributions and
account related purposes. Specifically,
corporate contribution made for pur-
expenditures for the purposes of the Fed-
the following requests were made:
poses to influencing a Federal election.
eral Election Campaign Act of 1071, as
(a) Congressman W. Henson Moore
The fact that the questionnaire was
amended, and Title 13. United States
states that he intends to send under the
mailed under the frank would not extend
Code, except for the limitations con-
frank a questionnaire to his constituents
the coverage of 39 U.S.C. § 3210(f) to the
tained in 13 U.S.C. S COS.
in order to learn their feelings cn various
analysis of questionnaire results, and ac-
It is the opinion of the Commission
issues. Congressman Moore asks whether
cordingly the donation of the services of
that Congressional appropriations for
the Commission will treat as a corporate
the corporate computer would constitute
staff salaries, newsletters. stationery, and
contribution to his campaign the dona-
a corporate contribution prohibited
travel are for legislative activities and,
tion by a corporation of the use of its
under 18 U.S.C. § 610.
therefore are not subject to the limita-
computer to analyze the results of the
(b) It is the opinion of the Commis-
tions and prohibitions of the Act. It is
questionnaire;
sion that money from the "educational
the Commission's conclusion that these
(b) William J. Holayter, Director of
fund" of a labor union may not be
appropriations represent a Congressional
the Machinists Non-Partisan Political
donated to the office accounts of in-
determination of the amount necessary
League, asks whether money in the
cumbent United States Senators and
for the continued performance of the
League's educational fund. which is com-
Representatives, if the fund is composed
public duties of a Member of Congress,
osed of dues money from various local-
of dues money from various local lodges
and that Congress has thus knowingly
iges, may be donated to incumbent
of the union. Since the money in .he
appropriated sufficien: funds for the per-
united States Senaters and Repres
fund would be derived from dues, and
tives for their office accounts: and
formance of these duties. Accordingly,
not from separate voluntary donations
additional money which is raised by a
(c) Congressman M. Caldwell Butler
by union members to support the office
Member or his supporters shall be treated
states that he intends to hold a Farm
accounts of Congressmen, contributions
as a contribution made for purposes of
Conference for the purpose of allowing
of this money by a union would be
influencing a Federal election and shall
farmers and other agricultural interests
prohibited under 13 U.S.C. $ 610.
be governed by all appropriate limita-
in his district the opportunity to present
(c) TC is the opinion of the Commis-
their views to him and officials of Fed-
tions. Similarly, any expenditure from
sion that contributions by incorporated
any office account shall be treated as an
eral and State agricultural agencies.
state banks, or bank holding corpora-
expenditure intended for purposes of in-
Congressman Butler asks whether the
tions, to an agricultural conference
fluencing a Federal election and shall be
Commission will consider the conference
organized by a Member of Congress
controlled by all appropriate limitations.
to be official business so that contribu-
would constitute a direct or indirect
If Congress concludes that activities cur-
tions by incorporated state banks and
contribution by these banking institu-
rently supported by an office account are
bank holding companies will be permit-
tions in connection with a federal elec-
in fact essential legislative function: it
ted in order to defray expenses.
tion. If the agricultural conference is not
It is clear that the Federal Election
remains the prerogative of Congress to
funded directly through a Congressional
Commission has the duty to formulate
appropriate additional funds necessary
appropriation, it will be conclusively
to fulfall these functions.
general policy with respect to the Act
presumed to be funded from an office or
(2 U.S.C. VA 437d(a) (9)), has the power to
Support for the Commission's views
constituent service account utilized by
regulate amounts contributed to a
may be found in United States V. Brew-
the member of. Congress for political
holder of Federal office in order to defray
stcr, 403 U.S. 501. 92 S. Ct. 2531, 33 L.F.d
purposes. Accordingly, contributions by
expenses arising in connection with that
2d 507 (1072) in which the Supreme
state bank corporations or bank holding
office (2 U.S.C. $ 430a), has the power to
Court stated:
corporations to the conference would be
formulate general policy regarding con-
It is well known. of course, that Members
prohibited under 18 U.S.C. § 610.
tributions and expenditures (18 U.S.C.
of Congress engage in many activities other
The Commission does not wish to dis-
§ COB), and has the power to formulate
than the purely legislative activities.
courage conferences involving policy de-
general policy regarding contributions or
These include A wide range of legitimate
velopment of important economic and
expenditures by national banks. corpora-
"crrands" performed for constituents, the
other is: ues, but will examine the par-
tions or labor organizations (13 U.S.C.
making of appointments with Government
ticulars 1.1 each such proposed con-
610). Pursuant to these Dowers and
agencies. assistance in securing Government
contracts. preparing so-called "newsletters"
ference for any implications under 18
duties, it is the determination of the
to constituents, news releases, and speeches
U.S.C. $ 610.
Commission that contributions to and
delivered outside the Congress. The range
The provisions of this oppoin repre-
expenditures by an office account are to
of these related activities has grown over the
sent the opinion of the Commis 1011 as
be treated as political contributions and
years. They are performed in part because
to the effect of 2 U.S.C. 437d(a)
2
expenditures, and are subject to the limi-
they have come to be expected by constitu-
U.S.C. $ 439a, 18 U.S.C. S 603, and 18
FEDERAL REGISTER, VOL. 40, NO. 157-WEDNESDAY, AUGUST 13, 1975
NOTICES
340S5
U.S.C. $ 610 on contributions and ex-
the provisions of this opinion shall be-
penditures from the office account of a
come effective on October 1, 1975, not-
Federal ofliceholder. The provisions of
withstanding any contrary language in
this opinion are reflected in the proposed
this opinion.
regulations which the Commission has
submitted to Congress (see the FEDERAL
Dated: August 7, 1975.
REGISTER, Notice 1975-18 of 40 FR 32951,
THOMAS B. CURTIS,
"Office Accounts and Franking Accounts:
Chairman for the
Excess Campaign Contributions"). How-
Federal Election Commission.
ever, in order to provide sufficient notice
for orderly compliance with this opinion,
[FR Doc.75-21080 Filed 8-12-75;8:45 ani]
FORDO is LIBRARY 03RALD
FEDERAL REGISTER, VOL 40, NO. 157-WEDNESDAY, AUGUST 13, 1975
36092
NOTICES
FEDERAL ELECTION COMMISSION
used for Federal election purposes and
$ 608(f) (3) expenditures made by any
all contributions received which the MDP
branch of the party structure.
[Notice 1975-24, AO 1975-2 and AO 1975-3]
intends to use for Federal election pur-
In the alternative, the state central
MICHIGAN DEMOCRATIC PARTY AND
poses must be deposited in this account.
committee may allocate the $ 608(f) (3)
NATIONAL REPUBLICAN CONGRES-
Since the Individual or political com-
expenditure among the local party com-
SIONAL COMMITTEE
mittee whose contribution is deposited in
mitters in the following manner. The
Advisory Opinions
this account is making n contribution
state committee and the local committees
within the definition of 18 U.S.C. 501(c)
first agree upon an allocation formula
AO 1975-2: MICHIGAN DEMOCRATIC PARTY
the contribution limitations established
whereby a portion of the total § 608(f)
This advisory opinion is rendered un-
in 18 U.S.C. 608(b) are applicable. In ad-
(3) expenditure limitation for each Fed-
der 2 U.S.C. 437f in response to a request
dition, the sections in Title 18 which pro-
eral candidate is allocated to local com-
submitted by the Michigan Democratic
hibit contributions by certain types of
mittees. The state commitice, then, files
Party (hereinafter MDP) and published
contributors are applicable. 13 U.S.C.
a statement with the Commission setting
as AOR 1975-2 in the June 24, 1975, FED-
G10, 611, 613, 614 and 615.
forth the agreed upon ailocation. This
ERAL REGISTER (40 FR 26660). Interested
2. The second question raised by the
"allocation statement" shall contain, in
parties were given an opportunity to sub-
Michigan Democratic Party concerns the
addition to the allocation for each com-
mit written comments pertaining to the
application of the expenditures limita-
mittee, the following information with
request.
tions in 13 U.S.C. 603(f) to the state and
regard to each committee which has not
The advisory opinion request by the
local committees in Michigan and the
filed a statement of organization with
MDP raises several issues. Each issue is
proper place of filing reports by the
the Commission: the name and address
discussed separately in the following ad-
local committees. Subsection 608(f) (3)
of the committee; the name, address,
visory opinion.
provides:
and position of the custodian of books
1. The first question concerns the prac-
The national committee of n political party,
and accounts; the naine, address and
tice by the Michigan Democratic Party
or a State committee of A political party.
position of other principal officers; and a
of maintaining two separate bank ac-
including any subordinate committee of a
listing of all banks. safety deposit boxes,
counts-one for Federal election use and
State committee, may not make any ex-
or other repositories used. If the local
one for state election use. The party has
pendituro in connection with the general
committee has already filed a statement
established two separate accounts to as-
election campaign of a candidate for Fed-
of organization, the "allocation state-
sist it in meeting the different reporting
eral office in a State who is afiliated with
ment" must contain the name and ad-
requirements of the Federal law and of
such party which exceeds
(explanation
the Michigan state laws. The Federal
of formula for determining limitation (cm-
dress of the local committee and the
phasis Added)
amount allocated to that committee, and
election account is not the "official" ac-
state that a statement of organization
count of the Michigan Democratic Party.
The term subordinate, as used in this sec-
has already been filed by that commit-
The party's question is, then, whether
tion, includes all "branches" or "subsid-
tee. Any changes in the information per-
the money from the Federal election ac-
daries" which are officially a part of the
taining to the local committees which
count can be used for the 18 U.S.C. 603
State Party organization. By statute,
was submitted in the "allocation state-
(f) state committee expenditures.
each ms jor party in Michigan is required
ment" must be reported by the local
Section 608(f) does not specify that
to establish a county committee in each
committee to the Commission within 10
the expenditures made under this sec-
county, a district committee in each Con-
days following the change.
tion must be from the "official" account
gressional district, and a State central
Once the "allocation statement" has
of the state party. Therefore, the general
committee. (Hereinafter the County and
been filed with the Commission, the ac-
section on campaign depositories, 2
Congres sional committees are referred to
tual allocation to a local committee may
U.S.C. 407(b), controls. Subsection 437
as local committees.) Although the local
be changed by an amended report sub-
(b) (2) provides:
committees of each party select the
mitted to the Commission by the state
members of the state central committee
The treasurer of each political committee
central committee. This report must be
(other than a political committee authorized
of that party, each committee on each
signed by authorized agents of both the
by a candidate to receive contributions or
level retains independent statutory ex-
state central committee and that partic-
to make expenditures on his behalf) shall
istence and exercises a substantial degree
ular local committee and state that both
designate one or more national or State
of autonomy with respect is all other
parties have agreed that the original
banks as campaign depositories of such com-
committees in its finances and opera-
allocation should be changed and set
mittee, and shall maintain a checking RC-
tions. When applied to the political party
forth the amended allocation.
count for the committee et each such de-
structure in Michigan, the term subordi-
pository. All contributions received by such
Each local committee (other than a
nate as used in $ 608 includes all statu-
committee shall be deposited in such ac-
political committee) which is listed in
counts. No expenditure may be made by such
torily required local committees and any
the "allocation statement" will be re-
committee except by check drawn on such
other committee which. by virtue of the
quired to file appropriate reports of CX-
accounts, other than petty cash expendi-
bylaws of the Michigan Democratic
penditures with the Commission if the
tures as provided in subsection (b).
Party, is part of the Democratic Party
total $ 603(f) (3) expenditure allocation
Time MDP has complied with the first
structure in the state. Therefore, all such
is in EXCESS of $100.1 In addition, each
requirement of this subsection by estab-
committees ETC include within the state
local committee will be responsible for
lishing n separate account for Federal
party expensisture limitation established
insuring that all § 608(1)(3) expensi-
elections. In addition, the MDP must des-
in 603(f) (3).
tures by that local committee are within
iguate the bank in which it maintains
The Michigan Democratic Party may
the allocated amount. If the local com-
its separate account for Federal elections
administer the 608(f)13) expenditure
mittee exceeds its allocation as set forth
(or any other National or State banks)
by one of the following methods. which
in the "allocation statement" and, as a
as the campaign depository of the com-
the Commission does not intend to be
result, the total party expenditures in
mittee. All contributions received or ex-
an exhaustive statement of the alter-
the state exceed the overall expenditure
penditures made pertaining to Federal
native methods. In the first instance, the
limitation In $ 608(f)(3), the local com-
elections must be deposited in or drawn
state central committee will be respon-
mittee, rather than the state party offi-
from this account of the party. Each
sible for insuring that the expenditures
cials, will be charged with the respon-
local party committee which intends to
of the entire party organization are
sibility for exceeding the expenditure
solicit contributions, receive contribu-
within the limitations established in
limitation.
tions, or make expenditures in connec-
§ 608(f) (3). Any § 603(f)(3) expenditure
tion with any Federal election must cs-
made by a local committee would have
Although § 608(f) (3) specifically in-
cludes the local committees within the
tablish a separate account for Federal
to be reported to the state central com-
election purposes as described above.
mittee. The state central committee
All contributions received by the MDP
would be responsible for filing reports
The Commission will be Issuing regula
which the contributor designates to be
tions pursuant to 2 U.S.C. (c) which
with the Commission pertaining to all
detail this reporting requirement.
FEDERAL REGISTER, VOL. 40, NO. 160-MONDAY, AUGUST 18, 1975
NOTICES
36093
state party expenditure Hmitation, the
by Commission regulations to be issued
interpretation or ruling contained herein
local committees may be considered
in the near future.
is to be construed as limited to the facts
separate organizations for the purposes
It is relevant to note that the party
of the specific advisory opinion request
of applying the contribution limitations
may solicit contributions to the Demo-
and should not be relled on as having
in 608(b). If the local committees are
cratic Party in this newsletter (although
precedential significance except as it re-
in fact truly independent of the state
not for any federal candidate). Such a
lates to those facts at the time of its
central committee, then each local com-
solicitation will not make the newsletter
issuance.
millee may contribute to Federal candi-
an expenditure. Section (f) (4) (1) ex-
AO 1975-3: NATIONAL REPUBLICAN
dates. If the local committee qualifies
empts from the definition of expenditure
CONGRESSIONAL COMMITTEE
under 608(b) (2), its contribution limi-
any costs incurred by a political commit-
tation for each candidate is $5.000.
tee with respect to the solicitation of
This advisory opinion is rendered under
Otherwise, the limitation for each can-
contributions to such political commit-
2 U.S.C. 437f in response to a request sub-
didate is $1,000 per candidate, 10 U.S.C.
tee, unless the solicitation is done by gen-
mitted by the National Republican Con-
608(b) (1). Each local committee is re-
eral public advertising.
gressional Committee (hereinafter
sponsible for filing with the Commission
5. The last question concerns the re-
NRCC) and published as AOR 1975-3 in
any appropriate reports made necessary
porting requirements for the local com-
the June 24, 1975, FEDERAL REGISTER (40
by reason 01 its contributions to Fed-
mittees of the Michigan Democratic
FR 20660). Interested parties were given
eral candidates.
Party which do not receive contributions
an opportunity to submit written com-
3. The next question raised is whether
for federal elections in excess of $1,000
ments pertaining to the request.
the state committee is required to file
or which are not allocated more than
This request states that NRCC pro-
the required reports and statements with
$100 of MDP's $ G08(f) (3) expenditures.
vides certain services and property to
the appropriate principal campaign
The question is whether 2 U.S.C. 437a,
Republican Members of the House of
committee or with the Commission. The
pertaining to reports by certain persons,
Representatives (hereinafter Member).
state committee must file reports of any
requires such committees to file reports
These services are:
contributions received which are "ear-
with the Commission. In particular, the
1. The NRCC's preparing and printing
marked" for a particular candidate with
MDP asks whether the phrase "comunits
newsletters, questionnaires and other
that candidate's principal campaign
any act directed is the public for the
printed matter to be mailed by Members
committee. The committee must also file
purpose of influencing outcome of an
under the Congressional frank.
a report pertaining to expenditures
election" as used in § 437a, includes such
2. The NRCC's reprinting of excerpts
which are authorized by the candidate
routine activities by political committees
from the Congressional Record to be
to be made on his or her behalf with
as putting up a poster for a federal
mailed by Members under the Congres-
the appropriate principal campaign
candidate.
sional frank.
committee.' Reports pertaining to all
The local committee of a state political
3. The NRCC's paying the cost of tabu-
contributions and expenditures will be
party organization which is not required
lating responses to questionnaires sent
filed with the Commission.' If the state
to file reports as a political committee or
by a Member to his constituents under
committee has not registered, the state-
as a "person" under 2 U.S.C. 434(e) and
the Congressional frank including the
ment of organization should be filed with
which is not required to file reports of
cost of using 3, computer for such tabula-
the Commission.
§ 608(f) (3) expenditures, will not be re-
tion.
4. Question 4 concerns the newsletter
quired to file reports under 437a. Cer-
4. The NRCC's reimbursing a Member
the Michigan Democratic Party pub-
tain "routine activities" of political
for the cost of newsletter paper pur-
lishes and sends to its members. The
committees described in the request
chased by the Member from the House of
question is whether the newsletter comes
could frequently come within the exemp-
Representatives Stationery Room to be
within the expenditure exemption in 18
tions to the definition of contribution in
used by the member in preparing mate-
U.S.C. 591(f) (4) (C), which provides:
2 U.S.C. 431(c) and 18 U.S.C. 591(c).
rials to be mailed by the Member under
(C) Any communication by any member-
For example, a person who puts up post-
the Congressional frank.
ship organization or corporation to its mem-
ers for a federal candidate is usually
The NRCC requests the Commission to
bers or stockholders, if such membership
volunteering his or her services without
rule on the question of whether the de-
organization or corporation is not organized
compensation. If that is the case, such
scribed activities are noncampaign in
primarily for the purpose of influencing the
activity is exempt from the definition of
nature and, therefore, do not count
nomination for e!ection, or election of any
person to Federal office;
contribution by 2 U.S.C. (5) (A)
against the NRCC's contribution limita-
and 18 U.S.C. (e) (5) (A).
tion to a candidate [18 U.S.C. 603
Although a state political party does en-
This advisory opinion is issued on an
(b) (2)] and do not apply to the Mem-
dorse federal candidates, many of the
activities of the party are generally not
Interim basis only pending the promulga-
her's election expenditure limitations
to influence directly Federal elections,
tion by the Commission of rules and
[18 U.S.C. 608(c) (1) (E) ].
but to build a strong party organization.
regulations of general applicability. Any
It is not necessary for the Commission
A newsletter of a political party will
at this time to reach the question of
come within this expenditure exemption
See discussion relating to question 2.
whether the activities described in para-
If the newsletter is distributed only to
U.S.C. 487. amos any person (other
craphs 1, 2 and 4 are noncampaign in
dues 74 Time incinhers of the party. More-
than 80 individual) "who expends any 10:10s
nature. 39 U.S.C. 2210(i) is applicable to
ever, the state political party or other
or commits any RC! attected to the public
entity sending the newsletter must not
for the purpose of influencing the outcome
material sent under the Congressional
be "organized primarily for the purpose
of an election" to report the funds received
frank. This section provides:
of influencing the nomination for clec-
by that person 83 if they were contributions
Notwithstanding any other provision of
tion, or election, of any person to Fed-
under 2 U.S.C. 431 (-) and payments of such
Federal, State, or local law, or any regulation
eral office." 18 U.S.C. 591(f) (4) (C). This
funds as If they were expenditures under
thereunder, the equivalent amount of
3 U.S.C. 431(f). Therefore, even If the local
concept of being "organized primarily"
postago determined under section 3216 of
committee were required to report under
for such purposes will be particularized
this title on franked mail mailed under the
437a, the local committee would not be
frank of the Vice President or a Member of
required to report the activity described in
Congress, and the cost of preparing or print-
the request :I the person putting up the
This does not include 18 U.S.C. 608(f) (3)
ing such frankable matter for such mailing
posters was volunteering his services without
expenditures.
under the frank, shall not be considered as a
An Interim Guideline pertaining to the
compensation. The individual volunteering
contribution to, or or expenditure by, the
his services would not be making " contribu-
filing of the July 10 reports was published
Vice President or 1: Member of Congress for
tion to the local committee since such volun-
in the FEDERAL REGISTER on June 26, 1975.
the purpose of determining any Inmitation on
teer activity is exempted from the definition
Regulations pertaining to reports due on
expenditures or contributions with respect to
of contribution. The local committee would
October 10 and thereafter will be pub-
such official, imposed by any Federal, State,
lislied in the FEDERAL REGISTER prior to the
not, in these circumstances, be making an
oriocal law or regulation, In connection with
date when the reports are due.
expenditure since It 11 not compensating the
individual for his time.
any campaign of such official for to
any Federal office. (Eniphas) added.)
FEDERAL REGISTER, VOL. 40, NO. 160-MONDAY, AUGUST 18, 1975
36091
NOTICES
As long as the materials prepared by the
constituents under the Congressional
cited definitions apply to these activities
NRCC are suitable to be mailed under
frank including the cost of using a com-
and that they are therefore subject to
the frank and, in fact, are mailed under
puter for such tabulation. The exemption
limitation under 18 U.S.C. 603.
the frank, the cost of preparing or print-
in 39 U.S.C. 3210(1) only extends to the
This advisory opinion is to be con-
ing the materials will not be charged
cost of preparing or printing the franked
strued as limited to the facts of the re-
against the contribution or expenditure
matter. Therefore, in determining
quest and should not be relied on as
limitations in 18 U.S.C. 603. For purposes
whether the cost of tabulating responses
having any precedential significance ex-
of this opinion, the Commission assumes
is a contribution or expenditure subject
cept as it relates to those facts at the
time of its issuance.
that such mailings are suitable to be
to the appropriate limitations in 18
mailed under the frank.
U.S.C. 608, the question is whether such
Dated: August 11, 1975.
In paragraph 3, the NRCC requests the
activity is a contribution or expenditure
NEIL STAEBLER,
Commission to rule on its practice of pay-
within the general definition of 18 U.S.C.
Vice Chairman, For the
ing the cost of tabulating responses to
591 (c) and (f). The Commission has
Federal Election Commission.
questionnaires sent by a Member to his
proposed regulations providing that the
(FR Doc.75-21412 Filed 8-15-75;8:45 am]
FORD
BERALD
LIBRARY
FEDERAL REGISTER, vor, 20. NO, MONDAY, AUGUST 18, 1975
36212
NOTICES
FEDERAL ELECTION COMMISSION
limits. Accordingly, an unopposed can-
candidate report to that candidate's prin-
didate in a primary election Is entitled
cipal campaign committee, the candi-
[Notice 1975-27; AO 1975-9 and AO 1975-16]
to receive contributions and make ex-
date's principal campaign committee.
ADVISORY OPINIONS
penditures with respect to that election
must remain in existence until all of its
within the limitations set by 18 U.S.C.
debts and obligations are extinguished
The Federal Election Commission an-
608.
and all of the debts and obligations of
nounces the publication today of Advi-
The Commission further concludes
Its authorized committees are extin-
sory Opinions 1975-9 and 1975-16. The
that those expenditures made solely to
guished or consolidated with the debts
Commission's opinions are in response
defray expenses incurred with respect
and obligations of the principal cam-
to questions raised by individuals hold-
to the primary election would not be
paign committee.
ing Federal office. candidates for Federal
chargeable to the unopposed candidate's
2. The second question concerns the
office and political committees, with re-
expenditure limits in the general elec-
reporting requirements of committees
spect to whether any specific transaction
tion. Until further notice the Commis-
which have registered with the Commis-
or activity by such individual, candidate,
sion will assume that all expenditures
sion but which do not receive contribu-
or political committee would constitute
made and required to be reported with
tions or make expenditures in excess of
a violation of the Federal Election Cam-
respect to a forthcoming primary elec-
$1,000 during a particular calendar quar-
paign Act of 1971, as amended. of Chap-
tion are allocable to that primary elec-
ter. Generally, a committee is required to
ter 95 or Chapter 96 of Title 26, United
tion rather than to a subsequent general
file a report of receipts and expenditures
States Code, or of sections 608, 610, 611,
election.
for each calendar quarter in which it re-
613, 614, 615, 616, or 617 of Title 18
United States Code.
ADVISORY OPINION 1975-16
ceived contributions in excess of $1,000,
or made expenditures in excess of $1,000.
ADVISORY OPINION 1975-9
INTERPRETATION OF PRINCIPAL CAMPAIGN
2 U.S.C. 434(a) (1) (C). The Commission
COMMITTEE, REPORTING SCHEDULE, AND
is required to prepare and publish spe-
APPLICATION OF CONTRIBUTION AND EXPEND-
CAMPAIGN DEPOSITORY PROVISIONS; CON-
cial reports listing those candidates for
ITURE LIMITS TO UNOPPOSED PRIMARY
TRIBUTIONS FROM INCORPORATED MEM-
whom reports were filed as required and
CANDIDATES
BERSHIP ORGANIZATION
those candidates for whom such reports
The Federal Election Commission ren-
This advisory opinion is rendered un-
were not filed as so required. 2 U.S.C.
ders this advisory opinion under 2
der 2 U.S.C. 437f in response to a request
438(a) (7). If a political committee has
U.S.C. 437f in response to requests sub-
submitted by Congressman John D. Din-
registered with the Commission and has
mitted by a candidate and a political
gell and published as AOR 1975-16 in
previously filed quarterly reports, the
committee. The requests were made pub-
the July 17, 1975, FEDERAL REGISTER (40
Commission will not know, in the absence
lic by the Commission and published in
FR 30259). Interested parties were.given
of other information, whether such a
the FEDERAL REGISTER an July 9, 1975 (40
an opportunity to submit written com-
committee has a continuous reporting
FR 28944). Interested parties were given
ments pertaining to the request.
obligation. Therefore, at the close of the
an opportunity to submit comments re-
The advisory opinion request submitted
first calendar quarter in which the com-
lating to the requests.
by Congressman Dingell raises several is-
mittee docs not receive or expend $1,000,
The requesting parties seek an advi-
sues. Each issue is discussed separately
the committee must notify the Commis-
sory opinion as to whether a primary
in the following advisory opinion.
sion that "no more than $1,000 was re-
election in which there is only one can-
1. The first question raised by Con-
ceived or expended" during that calendar
didate for nomination is an "election"
gressman Dingell concerns the types of
quarter and that quarterly reports will
for purposes of the contribution and
political committees a candidate may es-
be suspended until such time as the com-
spending limitations of 18 U.S.C. § 608.
tablish. Each candidate is required to
mittee reccives or expends $1,000 during
In 18 U.S.C. 501(a) the term "election",
designate a political committee to serve
a calendar quarter. Upon receipt of this
as used in 18 U.S.C. 608, is defined as,
as his or her principal campaign commit-
type of notification, the Commission will
inter alia, "a general, special, primary,
tee. 2 U.S.C. 432(f). The candidate may
remove the committee from the list of
or runoff election." The Commission's
authorize any number of political com-
committees required to file quarterly re-
opinion is that this definition includes a
mittees to solicit or receive contributions
ports. The Commission is in the process
primary election in which a candidate
on behalf of the candidate or to make
of developing a short form for this
runs unopposed and without regard to
expenditures on behalf of the candidate.
purpose.
whether his or her name appears on the
This authorization must be in writing
This procedure will not affect the com-
ballot. The provisions of 18 U.S.C. 608
and signed by the candidate. The expend-
mittee's obligation to file a pre-election
clearly state that the contribution and
itures made on behalf of the candidate
report, 2 U.S.C. 434(a) (1) (A), or an end
expenditure limitations "apply separately
by these authorized political committees
of the year report, 2 U.S.C. 434(a) (1) (B).
with respect to each election." No dis-
are applied to the candidate's overall
If the committee determines that it has
tinction is made between opposed and
expenditure limitation.
not received contributions or made ex-
unopposed primary and general election
These authorized committees file re-
penditures during the calendar year in
candidates.
ports with the principal campaign com-
an aggregate amount exceeding $1,000,
This conclusion is in accordance with
mittee for the candidate on whose behalf
the committee must so report to the
the legislative history of the Federal
Commission in the calendar year report.
Election Campaign Act Amendments of
the contributions are accepted or the
1974, (the Act). The Senate bill (S. 3044)
expenditures are made. The principal
2 U.S.C. 433(d). The Commission will,
as reported from committee contained
campaign committee is required to com-
as noted in Part 1, promulgate regula-
specific provisions which limited expen-
pile the reports of these authorized com-
tions pertaining to reporting by commit-
mittees and file these reports, together
tees with outstanding debts and obliga-
ditures by unopposed candidates in both
a primary and general election to 10 per-
with the report on its own activity, with
tions.
cent of the limits applicable to opposed
the Commission. 2 U.S.C. 432(f) (2) and
3. The third question concerns the time
candidates. The 10 percent limit on un-
(3).
limit which is imposed between the re-
All political committees must remain in
ceipt of a campaign contribution and the
opposed primary candidates was deleted
existance and report until all of their
deposit of such a contribution in a cam-
by floor amendment during Senate de-
bate while the 10 percent limit on can-
debts and obligations are extinguished.
paign account. The Commission is cur-
didates unopposed in the general elec-
2 U.S.C. 434(b) (12). The Commission
rently in the process of proposing regula-
tion was dropped in conference with the
may by future regulation prescribe ways
tions which would establish such a time
House. Thus, the legislative history also
in which continuous reporting of out-
limit. Until such time as the regulations
indicates that it was not Congress' intent
standing debts and obligations of cam-
are prescribed, the Commission will re-
paign committees which have become and
quire the contribution to be deposited
to make a distinction between opposed
remained insolvent for long periods of
within a reasonable time. The Commis-
and unopposed candidates for purposes
time may be suspended or terminated.
sion considers five days after the receipt
of either contribution or expenditure
Since the committees authorized by the
of the contribution by the treasurer
FEDERAL REGISTER, VOL. 40, NO. 161-TUESDAY, AUGUST 19, 1975
NOTICES
36243
other designated official of the political
porations. If a nonprofit organization is
lish a separate segregated fund and may
committee to be a reasonable time limit
created expressly and exclusively to en-
make contributions and/or expenditures
in which to deposit the contribution.
gage in political activities, however, and
in connection with Federal elections from
4. The last question is whether a po-
has incorporated for liability purposes
that fund. A candidate or political com-
litical committee is prohibited by 18
only, the general prohibitions in 610 will
mittee may, in turn, accept a contribu-
U.S.C. 610 from accepting a contribu-
not apply to that corporation. That type
tion from the separate segregated fund
tion from a VFW Post which is incor-
of corporation is essentially a political
of a corporation.
porated.
committee and may contribute its assets
This advisory opinion is issued on an
Section 610 prohibits "any corporation
to Federal candidates the same as unin-
interim basis only pending promulgation
whatever" from making a "contribution
corporated political committees. Other
or expenditure in connection with any
types of nonprofit corporations are sub-
by the Commission of rules and regula-
election" to Federal office and prohibits
ject to the prohibitions in 610, and,
tions or policy statements of general ap-
a candidate, political committee or per-
therefore, a candidate or political com-
plicability.
son from accepting such a contribution.
mittee is prohibited from accepting a
Dated: August 13, 1975.
The prohibitions in 610 apply, with
limited exception, to contributions or ex-
contribution from these types of non-
NEIL STAEBLER.
penditures by nonprofit corporations just
profit corporations.
Vice Chairman for the
as they apply to contributions or ex-
A corporation which is subject to the
Federal.Election Commission.
penditures made by profit-making cor-
prohibitions in 610 may, however, estab-
[FR Doc.75-21667 Filed 8-18-75;8:45 am]
FEDERAL REGISTER, VOL 40, NO. 161-TUESDAY, AUGUST 19, 1975
36716
NOTICES
FEDERAL ELECTION COMMISSION
if the Congressman specifies that he will
officeholder or employee Is considered to
[Notice 1975-30; opinions 1975-8, 1975-13]
accept only $1,000 of the honorarium
have accepted an honorarium if he re-
and suggests that a $500.00 donation be
ceives it for his personal use, if he re-
HONORARIUMS AND RELATED BENEFITS
given to either of two specific charities
ceives it with the intent or subsequently
FOR MEMBERS OF CONGRESS, AND
which are named by that Congressman;
donating the honorarium to charity, if
LEGALITY OF PRESIDENTIAL CANDI-
(3) A Member of Congress is offered a
he directs that the organization offering
DATE RECEIVING TRAVEL EXPENSES
$500.00 honorarium to speak at a con-
the honorarium give the honorarium to a
FROM CORPORATIONS
vention when he already has accepted
charity which he names, or if he suggests
Advisory Opinions
his limit of $15,000 in honoraria during
that the honorarium might be given to a
the calendar year. Congressman Rosten-
The Federal Election Commission an-
charity of the organization's own choos-
kowski asks whether the honorarium is
nounces the publication today of Ad-
ing. In addition, a Federal officeholder
considered accepted if the Congressman
visory Opinions 1975-8 and 1975-13. The
or employee will be presumed by the
agrees to make the speech but declines
Commission's opinions are in response
Commission to have accepted as an
the honorarium, and suggests instead
to questions raised by individuals hold-
honorarium, any charitable donation
that it be given to either of two specific
ing Federal office, candidates for Federal
made by an organization in the name of
charities which are named by that Con-
office and political committees, with re-
that Federal officeholder or employee, as-
gressman.
spect to whether any specific transaction
suming that sometime earlier the office-
Do these transactions constitute ac-
or activity by such individual, candidate,
holder or employee had made an appear-
ceptance of an honorarium, and there-
or political committee would constitute
ance or speech, or written an article, for
fore come within the provisions of 18
a violation of the Federal Election Cam-
the donating person or organization.
U.S.C. § 616?
paign Act of 1971, as amended, of Chap-
The Commission intends to apply its
Section 616 of Title 18, United States
ter 95 or Chapter 96 of Title 26 United
policy on honorariums as follows:
Code, provides that:
States Code, or of Sections 608, 610, 611,
(1) If a Congressman declines an en-
613, 614, 615, 616, or 617 of Title 18
Whoever, while an elected or appointed
tire honorarium and instead requests
United States Code.
officer or employee of any branch of the
that it be given to either of two specific
Federal Government-
charities, the honorarium will be treated
ADVISORY OPINION 1975-8: HONORARIUMS
(1) accepts any honorarium of more than
as accepted by the officeholder. In this
AND RELATED BENEFITS FOR MEMBERS OF
$1,000 (excluding amounts accepted for ac-
tual travel and subsistence expenses) for
case, a Congressman would be sufficiently
CONGRESS
any appearance, speech, or article; or
attempting to influence an organization's
This advisory opinion is rendered un-
(2) accepts honorariums (not prohibited
choice of recipients as to constitute, for
der 2 U.S.C. 437f in response to requests
by paragraph (1) of this section) aggregat-
purposes of 18 U.S.C. § 616, the exercise
for advisory opinions submitted by Con-
ing more than $15,000 In any calendar year;
of dominion.
gressman Dan Rostenkowski, Congress-
shall be fined not less than $1,000 nor more
(2) If a Congressman wishes to accept
man Rhodes, and Senators Mike Mans-
than $5,000.
part and decline part of a proposed
field and Hugh Scott which were pub-
This section on its face strictly limits
honorarium and suggests that the dif-
lished together as AOR 1975-8 in the
the financial benefits that a Member of
ference in amount be given to either of
July 2, 1975, FEDERAL REGISTER (40 FR
Congress may receive from the accept-
two specific charities, the honorarium
28044). Interested parties were given an
ance of an honorarium. The legislative
will be treated as accepted by the office-
opportunity to submit written comments
history of the section indicates that this
holder. By suggesting how the proposed
relating to the requests.
view accords with the intent of Con-
honorarium should be allocated, a Con-
A. Request of Congressman Dan
gress. This history shows a strong Con-
gressman would exercise sufficient do-
Rostenko ski. Congressman Rostenkow-
gressional concern with limiting the
minion over the honorarium to constitute
ski in h's letter of May 8, 1975, asks for
amounts, and thus the benefits. that a
acceptance under 18 U.S.C. § 616.
clarification of Section 616 of Title 18,
Federal official may receive in exchange
(3) If a Congressman declines an en-
United States Code, which provides limi-
for an appearance, speech, or article.
tire honorarium to avoid exceeding the
tations on the acceptance of honorari-
Congress does not evidence in this sec-
aggregate limit on honoraria and then
ums. He generally describes situations in
tion any interest in specifically exempt-
suggests that it be given to either of two
which a Member of Congress prefers not
ing from the limitations, honorariums
specific charities, the Commission would
to accept an honorarium for a speech,
that are accepted and subsequently ap-
conclude that the honorarium has been
and instead suggests to the speech's spon-
plied to a particular purpose, no matter
accepted by the officeholder. For purposes
sor that at least part of the intended
how commendable may be this purpose.
of 18 U.S.C. § 616, the honorarium has
honorarlum could be donated to one of
Even the indirect acceptance of an hon-
been accepted by the officeholder through
two bona fide charitable organizations.
orarium for subsequent charitable use
an attempt to exercise sufficient domin-
The donation would not be a prerequisite
can produce benefits for a Member of
ion and control over its use. Therefore,
to or a requirement for making the
Congress. For example, he thereby may
the officeholder would have violated the
speech. Congressman Rostenkowski
become entitled to an income tax deduc-
limits provided in this section.
wishes to know whether the amount of
tion for making a charitable contribu-
The Commission does not wish to dis-
the donation to charity by the other
tion. A Congressman also could receive
courage charitable donations by Federal
party will count towards the honorarium
valuable public exposure by donating to
officeholders or employees, either directly
limits of a Congressman. Specifically, the
charity an honorarium which he pos-
or indirectly, nor charitable donations by
following circumstances are described:
sessed or controlled. Accordingly, to im-
any organization, but it will examine the
(1) A Member of Congress is offered a
plement Congress' intent to limit the
particulars of each donation for any im-
$500.00 honorarium to speak at a con-
benefits which may be received from
proper implications under 18 U.S.C. § 616.
vention when he already has accepted
honorariums, it is the opinion of the
This section of this opinion assumes
$4,000 in honoraria during the calendar
Commission that the limits imposed by
that the officeholder receiving the hon-
year. Congressman Rostenkowski asks
18 U.S.C. § 616 shall apply to any hon-
orarium is not making an appearance or
whether the honorarium is considered
orarium accepted by a Congressman in
speech before a substantial number of
accepted if the Congressman declines the
exchange for an appearance, speech, or
people who comprise a part of the elec-
entire honorarium and suggests instead
article.
torate with respect to which the office-
that it be given to either of two specific
The question then arises as to what
holder is a Federal candidate. Compare
charities which are named by that Con-
action by a Member of Congress con-
part C of this opinion.
gressman;
stitutes acceptance of an honorarium. An
B. Request of Congressman John J.
(2) A Member of Congress is offered a
honorarium is considered to have been
Rhodes. Congressman Rhodes in his let-
$1,500 honorarium to speak at a conven-
"accepted" under 18 U.S.C. § 616 when
ter of May 6, 1975, requests an advisory
tion when he already has accepted $4,000
there has been active or constructive
opinion as to whether a Member of Con-
in honoraria during the calendar year.
receipt of the honorarium and the fed-
gress may request, in lieu of an honorar+
Congressman Rostenkowski asks wheth-
ium for a speech, that an organization
eral officeholder or employee exercises
make an appropriate donation to a char-
er the honorarium is considered accepted
dominion or control over it. A federal
itable organization. Congressman Rhodes
FEDERAL REGISTER, VOL. 40, NO. 163-THURSDAY, AUGUST 21, 1975
NOTICES
36747
asks whether a Member of Congress, who
distinguishes between an honorarium,
ADVISORY OPINION 1975-13: LEGALITY OF
has already received the full amount of
which is treated as income, and expenses
PRESIDENTIAL CANDIDATE RECEIVING
honoraria permitted by the cited statute,
for transportation, accommodations, and
TRAVEL EXPENSES FROM CORPORATIONS
would be in violation of the law if he or
meals which are deductible from income
The Federal Election Commission ren-
she requires or requests that the sponsors
as an ordinary and necessary cost of do-
of the Member's appearance donate an
ing business.
ders this advisory opinion under 2 U.S.C.
amount equal to, but in lieu of the hon-
Accordingly, it is the opinion of the
§ 437f in response to a request submitted
orarium, directly to "bona fide charities"
Commission that the actual costs of
by a candidate. The request was made
named by the Member or the donor.
transportation, accommodations, and
public by the Commission and published
The principles established in part A
meals are excluded from the limitations
in the FEDERAL REGISTER on July 17, 1975
of this advisory opinion also are appli-
on honorariums provided in 18 U.S.C.
(40 FR 30258). Interested parties were
cable to this request. Accordingly, no fur-
§ 616. Thus, Members of Congress who
given an opportunity to submit com-
ther elaboration is necessary.
reach the aggregate limit of $15,000 on
ments relating to the request.
The opinion presented in part A of this
honorariums received in any calendar
The requesting party seeks an advisory
advisory opinion may be relied upon as
year may continue to accept speaking
opinion as to whether 18 U.S.C. § 610
engagements for which they receive only
prohibits a Presidential candidate from
controlling the factual situation present-
their own personal actual transportation,
receiving travel expenses for a speaking
ed in this request, and if there is good
accommodation, and meal expenses.
engagement at a Chamber of Commerce,
faith compliance with that part of the
opinion, there will be a presumption of
It is further asked whether an or-
if the Chamber's general treasury in-
ganization could provide reimbursement
cludes money contributed by corpora-
compliance with the provisions of 18
U.S.C. $616, pursuant to 2 U.S.C. $437f
for these expenses, even if the organi-
tions.
zation is prohibited from making cam-
Section 610 prohibits corporations
(b), with respect to the issues raised by
this request.
paign contributions. The language of
from making contributions or expendi-
C. Joint Request of Senators Mans-
18 U.S.C. § 616 expressly applies to any
tures in connection with Federal elec-
field and Scott. Senators Mike Mansfield
"elected or appointed officer or em-
tions, and prohibits any person from ac-
ployee of any branch of the Federal Gov-
cepting or receiving any such contribu-
and Hugh Scott in their joint letter of
ernment." A review of the legislative his-
tions or expenditures. As used in section
June 26, 1975, request an advisory opin-
tory of this section (see the Congres-
610, contribution includes "any direct or
ion as to whether travel and subsistence
sional Record, daily edition, August 7,
indirect payment,
to any candi-
expenses are included in the limitation
on honorariums. Specifically, they ask
1974. H. 7816; and October 8, 1974, S.
date, in connection with any elec-
18526) indicates that the intent of Con-
tion to [Federal office]
Thus,
whether a Member of Congress, who has
reached the aggregate limit of $15,000
gress in enacting this section was to
reimbursing the travel expenses of a
limit the amounts of honorariums re-
Presidential candidate from corporate
in a calendar year, may accept a speak-
ceived by Federal ofliceholders and
funds would be prohibited by 18 U.S.C.
ing engagement, receive no honorarium,
employees.
610, since any public appearance of
and still be able to have travel ar sub-
sistence expenses paid by the sponsor of
On the other hand. 18 U.S.C. $ 610
such a candidate before an audience,
which prohibits contributions or expen-
comprised of individuals who could be
the enagement. As a related issue, they
ask whether a sponsor of a speaking en-
ditures by a national bank, corporation,
influenced to take affirmative action in
or labor organization and 18 U.S.C. § 611
support of his candidacy as result of that
gagement may provide travel and subsist-
which prohibits contributions by govern-
appearance, is connected with an elec-
ence expenses in these circumstances, if
the sponsor would ordinarily and other-
ment contractors. are more broadly ap-
tion.
wise be prohibited from making a cam-
plicable to contributions or expenditures
The Commission's opinion is that, once
made to any candidate in connection
an individual has become a candidate
paign contribution.
with any election to federal office. Thus,
for the Presidency, all speeches made be-
It is provided in 18 U.S.C. § 616 that:
it seems clear that 18 U.S.C. $ 616 is not
fore substantial numbers of people are
Whoever, while an elected or appointed
intended to supercede the application of
presumably for the purpose of enhanc-
officer or employee of any branch of the
18 U.S.C. § 610 and § 611 to officehoiders
ing his candidacy. (See also Advisory
Federal Government-
once they become candidates: According-
Opinion 1975-8 issued August 14, 1975,
(1) accepts any honorarium of more than
$1,000 (excluding amounts accepted for ac-
ly, once an individual (including an of-
in which the Commission decided that
tual travel and subsistence expenses) for any
ficeholder) becomes a candidate for fed-
certain travel and subsistence expenses
appearance, speech, or article; or
shall
be
eral office, all speeches made before sub-
paid to officeholders who are also can-
fined not less than $1,000 nor more than
stantial numbers of people, comprising a
didates are subject to 18 U.S.C. $ 610 and
$5,000.
part of the electorate with respect to
$ 611). Accordingly, since the requesting
Thus, this section on its face shows a
which the individual is a federal candi-
party is a Presidential candidate, he
would be prohibited from accepting cor-
legislative intent to treat "actual travel
date, are presumably for the purpose of
porate funds to pay his travel expenses
and subsistence expenses" differently
enhancing the candidacy and the candl-
in connection with the speaking engage-
from honorariums. The legislative his-
date is prohibited from accepting ex-
ment. The Commission notes, however,
tory of 18 U.S.C. $ 616 confirms that this
pense money for transportation, accom-
that organizations, such as Chambers of
view accords with the intent of Congress.
(See Congressional Record, daily edition,
modations and meals from organizations
Commerce, could properly (within the
covered by 18 U.S.C. §§ 610 and 611. See
limits of 18 U.S.C. 608) pay the travel
October 8, 1974, S. 18526.) The legislative
history shows a clear Congressional in-
Advisory Opinion 1975-13, issued August
expenses of candidates by making such
tent to exclude money given for actual
14, 1975.
payments from separate segregated ac-
transportation expenses, accommoda-
This advisory opinion is to be con-
counts containing non-corporate funds.
tions, and meals, from any amount given
strued as limited to the facts of the re-
Dated: August 18, 1975.
as an honorarium to an elected or ap-
quest and should not be relied on as hav-
THOMAS B. CURTIS,
pointed officer or employee of the Fed-
ing any precedential significance except
Chairman for the
eral Government. It should be noted
as it relates to those facts at the time of
Federal Election Commission.
that the Internal Revenue Code similarly
its issuance.
[FR Doc.75-22096 Filed 8-20-75;8:45 am]
FORD
FEDERAL REGISTER, VOL. 40, NO. 163-THURSDAY, AUGUST 21, 1975
GERALD
NOTICES
40673
FEDERAL ELECTION COMMISSION
of any political party or philosophy or
United States Code, money which is con-
to influence the re-election of Congress-
tributed and expended for the prepara-
[Notice 1975-35; A.O. 1975-7,-17]
man Evans. Mr. Kern asks whether the
tion or printing of material to be mailed
MEMBERS OF CONGRESS; CONSTITUENT
office account is a political committee
under the frank shall be treated as a
SERVICES CONTRIBUTIONS AND EX-
under the Act. He also asks how the
contribution or expenditures for disclo-
PENDITURES AND CAMPAIGN CONTRI-
sponsor of a fundraising event for the
sure purposes of the Act, although not
BUTIONS FROM PARTNERSHIPS
benefit of an office account should be
for purposes of the contribution and ex-
Advisory Opinions
identified, and what disclosure require-
penditure limitations provided in 18
ments are applicable to the use of the
U.S.C. 608.
The Federal Election Commission an-
proceeds from such an event;
The Commission intends to apply its
nounces the publication today of Ad-
(b) Congressman John P. Murtha
policy on office accounts as follows:
visory Opinions 1975-7 and 1975-17. The
states that he has established a franking
(a) It is the opinion of the Commis-
Commission's opinions are in response
account (called here a "public service
sion that an office account established
to questions raised by individuals hold-
committee") which is used solely to de-
to provide services for the constituents
ing Federal office, candidates for Fed-
fray the cost of newsletters, reports, and
of a Congressman shall report as if such
eral office and political committees, with
questionnaires sent to constituents. Con-
account is a political committee and con-
respect to whether any specific transac-
gressman Murtha asks whether a cor-
tributions to, expenditures by, and the
tion or activity by such individual, can-
poration may make a donation to such
general operation of an office account
didate, or political committee would
an account without violating the statu-
should be reported and otherwise
constitute a violation of the Federal
tory provisions governing political con-
treated as provided in Notice 1975-18
Election Campaign Act of 1971, as
tributions; and
of the Federal Election Commission
amended, of Chapter 95 or Chapter 96
of Title 26 United States Code, or of
(c) Senator Jake Garn asks whether
"Office Accounts and Franking Accounts;
sections 608, 610, 611, 613, 614, 615, 616,
an incumbent Senator or Representative
Excess Campaign Contributions" (40 FR
may engage in attitudinal research with
32951, August 5, 1975). See also AO
or 617 of Title 18 United States Code.
his constituency for purposes of meas-
1975-14, supra. As provided in Notice
ADVISORY OPINION 1975-7
uring the voters' sentiments on policy
1975-18 and AO 1975-14, all private con-
CONTRILUTIONS AND EXPENDITURES RELAT-
issues, job approval perceptions, and the
tributions received by or on behalf of a
like, without having these expenditures
Federal officeholder for use by his office
ING TO THE CONSTITUENT SERVICES OF
allocated against any applicable spend-
account may be deposited in such ac-
CONGRESS
ing limitation. The proposed polls will
count or an account of the officeholder's
This advisory opinion is rendered un.-
ask questions for statistical purposes,
principal campaign committee, pursu-
der 2 U.S.C. 437f in response to requests
open end questions, and forced response
ant to 2 U.S.C. 437b. Also as provided in
for advisory opinions submitted by Mr.
questions, but will not ask questions re-
Notice 1975-18, money received for the
Thomas J. Kern for Congressman Dave
lating to political trial heats. Senator
preparation or printing of material to
Evans, Congressman John P. Murtha,
Garn asks further whether the fact that
be sent under the frank (e.g., a news-
and Senator Jake Garn, which were pub-
a Member of Congress is a candidate will
letter), other than funds appropriated
lished together as AOR 1975-7 in the
make any difference in the use of issue-
for legislative activities shall be de-
July 2, 1975, FEDERAL REGISTER (40 FR
oriented opinion research.
posited in a separate segregated franking
28044). Interested parties were given an
As stated in AO 1975-14 on "Contribu-
account which shall report as provided
opportunity to submit written comments
tions by Banks, Corporations, and Labor
in that notice.
relating to the requests.
Unions to Defray Constituent Service
Monies expended from such accounts,
The requests generally ask the Com-
Expenses" (40 FR 34084, August 13,
other than the franking account, will be
mission, under the Federal Election
1975), "[i]t is clear that the Federal
counted toward the officeholder's cam-
Campaign Act of 1971, as amended, and
Election Commission has the duty to
paign expenditure limits under 18 U.S.C.
Title 18 of the United States Code (the
formulate general policy with respect to
608(c). A Congresman holding a fund-
Aet), what types of contributions to and
the Act (2 U.S.C. 437d(a) (9)), has the
raiser should identify that the fund-
expenditures by an office account are
power to regulate amounts contributed
raising is being conducted by either the
permissible, and how these accounts shall
to a holder of Federal office in order to
Congressman's principal campaign com-
be reported and administered. Specifi-
defray expenses arising in connection
mittee, his office account or his franking
cally, the following requests were made:
with that office (2 U.S.C. 439a), has the
account.
(a) Thomas J. Kern, administrative
power to formulate general policy re-
The Commission also is requested to
assistant for Congressman Dave Evans,
garding contributions and expenditures
provide guidance as to whether a person
states that the Congressman has estab-
(18 U.S.C. 608), and has the power to
holding a fundraiser for the benefit of
lished two fundraising entities to support
formulate general policy regarding con-
an office account should state that a
the Representative's political activities.
tributions or expenditures by national
donation to the office account is not tax
One entity is the principal campaign
banks, corporations or labor organiza-
deductible or subject to a tax credit. The
committee of the Congressman and the
tions (18 U.S.C. 610) Congress has the
Commission is unable to provide such
other is an office account (called here
discretion and power to appropriate
guidance as it lacks authority to rule
a "constituent service fund") set up to
sufficient money for staff salaries, news-
with regard to such tax consequences.
collect funds to assist Congressman
letters, stationery, travel, constituent
Reference should be made to sections 41
Evans in providing services for his con-
services, and the other legislative ex-
and 128, Title 26, United States Code.
stituents.
penses of a Member of Congress to as-
(b) It is the opinion of the Commis-
Donations to the office account will be
sure the performance of the Member's
sion that corporate contributions to a
used for printing newsletters: holding
legislative duties. Accordingly, except for
franking account, used solely to defray
neighborhood office hours; conducting
money raised pursuant to 39 U.S.C.
the cost of newsletters, reports, and
meetings and seminars with representa-
3210(f), additional money which is raised
questionnaires sent to constituents, are
tives of governmental and private agen-
by a Member or his supporters shall be
prohibited under 18 U.S.C. 610. While
cies, and with elected and appointed of-
treated as a contribution made for pur-
exempt from the limitations in 18 U:S.C.
ficials of the cities, counties and towns
poses of influencing a Federal election
608 (see 39 U.S.C. 3210(f)), contributions
of the District; holding periodic open
and shall be controlled by all appropriate
and expenditures for the preparation or
house activities at the District and
limitations. Similarly, except for money
printing of material to be mailed under
Washington offices, providing constitu-
expended pursuant to 39 U.S.C. 3210(f),
the frank shall otherwise be treated as
ents with flags, publications and certain
additional money which is expended from
contributions and expenditures for pur-
other items that must be purchased; and
an office account shall be treated as an
poses of the Act, (including the pertinent
for other expenses incurred in connec-
expenditure intended for purposes of
provisions of Title 18). Since the "pro-
tion with the Congressman's services for
influencing a Federal election and shall
posed contribution would be derived
his constituents. The account will not
be controlled by 'all appropriate limita-
from general corporate funds and not
be used to present or promote the views
tions. As provided in 3210(f) of Title 39,
from separate voluntary funds.to sup-
FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975
-1067-1
NOTICES
port the franking accounts of Congress-
Section 591(g) of Title 18, United
and political committees, with respect to
men, the contribution by the corporation
States Code, defines "person" as an indi-
whether any specific transaction or ac-
would be prohibited under 18 U.S.C. 610.
vidual, partnership, committee, associa-
tivity by such individual, candidate, or
(c) A Member of Congress may, of
tion, corporation, or any other organiza-
political committee would constitute a
course, make expenditures for attitudi-
tion or group of persons,
(italic
violation of the Federal Election Cam-
nal research within his constituency for
added for emphasis).
paign Act of 1971, as amended, of Chap-
purposes of measuring the voter's senti-
It is the opinion of the Commission
ter 95 or Chapter 96 of Title 26 United
ments on policy issues, job approval per-
that the cited statutory provisions im-
States Code, or of sections 608, 610, 611,
ceptions, and the like. However, unless
pose a $1,000 limit on the amount a part-
613, 614, 615, 616, or 617 of Title 18 United
the expenditures for the attitudinal re-
nership may contribute to a candidate
States Code.
search are paid from funds appropri-
for Federal office with respect to each
ated for legislative purposes by Congress
ADVISORY OPINION 1975-10
separate election wherein that candidate
or from a Congressional franking ac-
seeks nomination or election. The Com-
INTERNAL TRANSFERS OF FUNDS BY CANDI-
count and are used to print or prepare
mission further concludes that when a
DATES OR COMMITTEES
matter mailed under the frank, they will
partnership makes a contribution to a
This advisory opinion is rendered un-
be treated as an expenditure from the
candidate for Federal office it counts
der 2 U.S.C. 437f in response to four re-
Member's office account and will be sub-
against each individual partner's limita-
quests, published as AOR 1975-10 in the
ject to the limitations provided in 18
tion under 18 U.S.C. 608(b) (1) in direct
July 9, 1975 FEDERAL REGISTER (40 FR
U.S.C. 608 as well as the other provisions
proportion to each partner's share of
28944). All of the requests relate to vari-
of the Act. See Notice 1975-18, supra.
partnership profits. For example, in the
ous types of transfers of funds by candi-
The fact that a Member of Congress is
case of a four member partnership (each
an announced candidate thus would not
dates or political committees. Interested
partner having an equal share) which
make any difference in how expenditures
parties were given an opportunity to sub-
makes a $1,000 contribution to a Federal
for attitudinal research will be treated.
mit written comments pertaining to the
candidate, one-fourth of the $1,000, or
The provisions of this opinion repre-
requests.
$250, is counted toward each individual
A. Request of Congressman John J.
sent the opinion of the Commission as
partner's limit. Therefore, each partner
McFall. The issue presented is whether
to the effect of 2 U.S.C. 437(a) (9), 2
may contribute no more than an addi-
a principal campaign committee of a can-
U.S.C. 439a, 18 U.S.C. 608, 18 U.S.C. 610,
tional $750 to the same Federal candidate
didate for Federal office may transfer
and 39 U.S.C. 3210(f) on contributions
with respect to the same election.
funds from a checking account at a desig-
and expenditures from the office or
Under the general theory of partner-
nated campaign depository to a savings
franking account of a Federal office-
ship law a partner is an agent for the
account in the same bank or to a savings
holder.
partnership, and the partnership has no
account in another financial institution
The provisions of this opinion are re-
legal capacity to act as a person in its
which is not a designated campaign
flected in the proposed regulations which
own right. Therefore, even though a
depository.
the Commission has submitted to Con-
partnership is a "person" for purposes of
Section 437b(a) (1) of Title 2, U.S.
gress, see Notice 1975-18, supra.
18 U.S.C. 608(b), as well as 2 U.S.C. 431,
Code, provides that "[e]ach candidate
Pursuant to the Administrative Pro-
et seq. contributions made in the part-
shall designate one or more national or
cedure Act the Commission will hold
nership's name must be attributed to the
State banks as his campaign deposi-
public hearings on the proposed regula-
individual partners in relation to each
tories." This section further requires that
tion on September 16 and 17, 1975, at
partner's interest in the partnership
the principal campaign committee shall
the U.S. Court of Claims in Washington,
profits. Furthermore, when a contribu-
maintain a checking account at the des-
D.C.
tion is made in the partnership name
ignated depository, shall deposit any con-
ADVISORY OPINION 1975-17
without accompanying information as to
tributions received by it into such ac-
CAMPAIGN CONTRIBUTIONS FROM
each partner's proportionate share
count, and shall make all expenditures
A PARTNERSHIP
thereof, the candidate or committee re-
from said checking account. The statute
cipient must obtain a written statement
is silent as to the establishment and use
This advisory opinion is rendered un-
providing the requisite information
of savings accounts.
der 2 U.S.C. 437(f) in response to a re-
within 30 days after receiving the
It is clear that the statute requires all
quest for an advisory opinion submitted
contribution.
contributions and all expenditures to pass
by Congressman Neal and published in
the July 17, 1975 FEDERAL REGISTER (40
If this information is not timely ob-
through the checking account at the des-
FR 30259). Interested parties were given
tained the contribution must be returned.
ignated campaign depository. However,
an opportunity to submit written com-
Otherwise, the candidate or committee
the statute would not preclude a transfer
ments relating to the request.
will be regarded as in violation of 18
from a checking account to a savings ac-
U.S.C. 614 which prohibits an individual
count if full disclosure is made and the
The question raised in Congressman
from making a contribution in the name
committee retains its complete control
Neal's request is "[h]ow much money in
of another "person," i.e. partnership, and
of the funds so transferred at all times.
campaign contributions may a candidate
also prohibits the knowing acceptance of
To assure compliance with the report-
for Federal office accept from a partner-
such a contribution.
ing requirements of 2 U.S.C. 434(b) and
ship" under the Federal Election Cam-
the specific language of section 437b(a)
Dated: August 22, 1975.
(1) that all contributions and all ex-
paign Act of 1971, as amended in 1974.
NEIL STAEBLER,
penditures flow through the checking ac-
Section 608(b) (1) of Title 18, United
Vice Chairman for the
count at the designated depository, the
States Code, states that:
Federal Election Commission.
Commission will require:
(1) Except as otherwise provided by para-
[FR Doc.75-22941 Filed 9-2-75;8:45 am]
(1) That all funds transferred from
graphs (2) and (3) no person shall make con-
the checking account described above to
tributions to any candidate with respect to
any savings account, certificates of de-
any election for Federal office which, in the
[Notice 1975-33; A.O. 1975-10]
posit or other interest bearing account be
aggregate, exceed $1,000 (italic added for
INTERNAL TRANSFERS OF FUNDS BY
reflected clearly on the reporting forms
emphasis).
CANDIDATES OR COMMITTEES
required to be filed with the Commission
under 2 U.S.C. 434(b)
The exceptions to 18 U.S.C. 608(b) (1) are
Advisory Opinion
(2) That all funds transferred out of
not relevant to the question of the amount a
The Federal Election Commission an-
the designated checking account, as de-
candidate may receive from a partnership,
nounces the publication today of Ad-
scribed above, be eventually transferred
and contributions to a candidate for nomi-
nation to the office of President are subject
visory Opinion 1975-10. The Commis-
back into such account and clearly re-
to an overall $1,000 limit during the entire
sion's opinions are in response to ques-
flected on the reporting forms required
pre-nomination period. See 18 U.S.C. 608(b)
tions raised by individuals holding Fed-
to be filed with the Commission under 2
(5).
eral Office, candidates for Federal office
U.S.C. 434(b) ;
GERALD
LIBRARY
FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975
NOTICES
40675
(3) That any interest earned from
tion. Subsection (b) (2) allows certain
contributions to and expenditures by
funds transferred to any savings account,
political committees to make $5,000 con-
constituent service funds as transactions
certificates of deposit cr other interest-.
tributions to any Federal candidate with
of a political committee. See Notice 1975--
bearing account be timely reflected on
respect to each separate election.
18, August 5, 1975 (40 FR 32951).
the reports required to be filed with the
In the event that contributions are
Furthermore, in Advisory Opinion
Federal Election Commission under 2
earmarked by the donor (or on the
1975-14, decided August 7, 1975, the Com-
U.S.C. 434;
donor's behalf), or otherwise directed
mission held that contributions to con-
(4) That no expenditures be made
through an intermediary or conduit to a
stituent service accounts are subject to
from any funds transferred to an ac-
particular candidate, they are treated
18 U.S.C. 608, 610, 611, 613, 614, and
count other than the checking account
as contributions to that candidate from
615. Accordingly, the Commission has no
at the designated campaign depository.
the original donor and are, therefore,
objection to transfers of funds from the
B. Request of Thomas Coleman. This
subject to applicable limits under sec-
existing political committee to another
request raises the question as to how one
tion 608(b). Section 608(b) (6) would not
one newly organized, but recognizes no
should report the transfer of surplus
apply to situations where donors relin-
functional distinctions between the two
campaign funds remaining from an elec-
quish complete control over their con-
types of expenditures described in the
tion campaign for local or State office to
tributions and do not at a later time
request. Finally, the Commission con-
a Federal election campaign committee.
regain such control either by actual re-
cludes that all expenditures made by
The Commission's response to this ques-
turn of their contribution or, as in this
either the existing political committee
tion should not be construed as adversely
instance, by request of the recipient com-
or a new constituent service committee
affecting any donor's rights provided by
mittee for authorization to earmark a
are subject to the spending limits appli-
State law as to the use of the donor's
contribution originally given without.
cable to a candidate under 18 U.S.C.
original contribution made in connection
such restriction. Since in this case the
608(c).
with a campaign for State or local elec-
committee will be asserting some con-
tive office.
trol over the earmarking by reason of
Dated: August 21, 1975.
Funds received by a political commit-
the fact that it will actively seek to ob-
THOMAS B. CURTIS,
tee which are transferred from any other
tain consent from the donors to earmark
Chairman for the
source are contributions as defined in
funds for a specific Federal candidate,
Federal Election Commission.
2 U.S.C. 431(e) (3). As such, they are re-
it follows that the committee, as well as
[FR Doc.75-22658 Filed 9-2-75;8:45 am]
quired to be reported under the provi-
the original donor, should be regarded
sions of 2 U.S.C. 434(b) (2) (4) and (7).
as having made the contribution.
Specifically, full information as to the
Hence, both aspects of the transaction
[Notice 1975-37, AOR 1975-38-AOR 1975-57]
source of all funds transferred to a re-
are subject to limitation under 18 U.S.C.
ADVISORY OPINION REQUESTS
porting political committee, as well as
608(b) (1). The committee must regard
the amounts and dates of all individual
its involvement in procuring the author-
In accordance with the procedures set
contributions included in the transfer,
ization to earmark as tantamount to its
forth in the Commission's Notice 1975-4,
must be reported. The Commission
own contribution and, therefore, subject
published on June 24, 1975 (40 FR 26660),
agrees that Mr. Coleman may presume
to the $5,000 limit in 18 U.S.C. 608(b) (2),
Advisory Opinion Requests 1975-38
that the surplus transferred to his Fed-
if it is otherwise qualified to make con-
through 1975-57 are published today.
eral campaign committee is comprised of
tributions in that amount. Further, such
Some of the Requests consist of similar
those individual contributions last 1e-
designated contributions must be re-
inquiries from several sources which have
ceived before the State election. The
ported to the Commission and the in-
been consolidated in cases where appro-
Commission contemplates future regu-
tended recipient by the political commit-
priate.
lations that will provide more specific
tee as provided in 18 U.S.C. 608(b) (6).
Interested persons wishing to comment
guidance as to the proper reporting of
Until issuance of final regulations, this
on the subject matter of any Advisory
transfers of this type.
may be accomplished by complying with
Opinion Request may submit written
The Commission also concludes that
the reporting provisions of 2 U.S.C. 434
views with respect to such requests within
the funds to be transferred to the Fed-
(b) and the earmarking regulations is-
10 calendar days of the date of the pub-
eral campaign committee may not in-
sued by the previous supervisory officers
lication of the request in the FEDERAL
clude any contributions by national
and adopted by the Commission on an
REGISTER. Such submission should be sent
banks or corporations, labor organiza-
interim basis on June 2, 1975, 40 FR
to the Federal Election Commission, Of-
tions, Government contractors, or agents
23833.
fice of General Counsel, Advisory Opin-
of foreign principals. See 18 U.S.C. 610,
D. Request of Senator James Buckley.
ion Section, 1325 K Street, NW., Wash-
611, and 613. Furthermore, no contribu-
The Friends of Jim Buckley Committee
ington, D.C. 20463. Persons requiring ad-
tions which exceed $1,000 from any or.e
has established an internal method of
ditional time in which to respond to any
person and were made after January 1,
allocating political expenditures from
Advisory Opinion Request will normally
1975, may be transferred to the Federal
"non-political" expenditures for constit-
be granted such time upon written re-
campaign committee. Finally, any funds
uent services. The Committee has solic-
quest to the Commission. All timely com-
that were under Mr. Coleman's personal
ited funds for both political and non-
ments received by the Commission will
dominion and control, although contrib-
political purposes through its fundrais-
be considered by the Commission before
uted to a State campaign committee,
ing appeals. Senator Buckley requests an
it issues an advisory opinion. The Com-
may be transferred to the Federal cam-
opinion as to:
mission recommends that comments on
paign committee only to the extent per-
(1) Whether the Commission will rec-
pending Advisory Opinion Requests refer
mitted under 18 U.S.C. 608(a).
ognize the functional distinction be-
to specific AOR number of the Request
C. Request of the Circle Club. The
tween the two types of expenditures:
commented upon, and that statutory
question presented is whether a prc-
(2) Whether it will be necessary to
references be to the United States Code
existing political committee with resid-
establish another committee to handle
citations, rather than to the Public Law
ual funds may obtain consent from the
funds expended for constituent services;
Citations.
original contributors of these funds to
and
"earmark" their contributions for a spe-
AOR 1975-38: Use of Excess Campaign
(3) If a separate cominittee is estab-
oific Federal candidate, and transfer said
Funds for Office Expenses and Fed-
lished, whether a separate committee for
earmarked contributions to the principal
eral Preemption (Request Edited
constituent services will be able to re-
campaign committee of the candidate
by the Commission).
ceive funds from the political committee.
designated by the contributor.
The matter of constituent service ac-
GENTLEMEN: I am writing to request
Under 18 U.S.C. 608(b) persons (other
counts is controlled by the provisions of
advisory opinions on the following ques-
than qualified multicandidate political
2 U.S.C. 439a and such rules as may be
tions, with regard to the Federal Election
committees) may not lawfully make con-
necessary to carry out the provisions of
Laws.
tributions to any Federal candidate in
section 439a. The Commission has for-
(1) If I, as a Member of Congress
excess of $1,000 with respect to any elec-
mally proposed such rules which treat
elect to use left-over campaign funds for
FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975
FILE THE FOLLOWING 12 PAGES UNDER "ADVISORY OPINION REQUESTS"
FORD i LIBRARY DERALD
36530
NOTICES
FEDERAL ELECTION COMMISSION
quirement of the Federal Election Cam-
Federal Election Campaign Act, as
paign Act of 1971, as amended.]
amended?
[Notice 1975-29, AOR 1975-24-AOR 1975-37]
JAMES P. BUCHELE,
2) Is the Trust Fund required to or-
ADVISORY OPINION REQUESTS
Administrative Assistant.
ganize, or to remain organized, and re-
port as a "political committee" if the
In accordance with the procedures set
Source: James P. Buchele, Administra-
Trust Fund transfers funds to & "politi-
forth in the Commission's Notice 1975-4.
tive Assistant to Representative Martha
cal committee" which will serve as Con-
published on June 24, 1975 (40 FR
Keys, 1207 Longworth House Office Build-
gressman Pickle's "principal campaign
26660), Advisory Opinion Requests 1975-
ing, Washington, D.C. 20515 (May 1,
committee" and which also will report
24 through 1975-37 are published today.
1975).
the required information concerning the
Some of the Requests consist of similar
B. Request of J. J. Pickle Political
original contributors of the transferred
inquiries from several sources which
Trust Fund (Request Edited by the Com-
funds?
have been consolidated in cases where
mission).
3) If the Trust Fund is not required
appropriate.
to organize, or to remain organized, and
Interested persons wishing to comment
DEAR MR. CURTIS:
to report as a "political committee", do
on the subject matter of any Advisory
the expenditures made by the Trust
Opinion Request may submit written
Prior to 1974, a non-campaign type
Fund for the purpose of reimbursing the
views within respect to such requests
trust fund was formed for the purpose of
Congressman for non-reimbursable ex-
within 10 calendar days of the date of
making expenditures for non-reimburs-
penses incurred in connection with his
the publication of the request in the
able, non-campaign items incurred by
official duties count toward the limits
FEDERAL REGISTER. Such submission
Congressman J. J. "Jake" Pickle in con-
imposed on expenditures in the Federal
should be sent to the Federal Election
nection with his official duties as U.S.
campaign by the Federal Election Cam-
Commision, Office of General Counsel,
Representative from the 10th Congres-
paign Act Amendments of 1974?
Advisory Opinion Section, 1325 K Street,
sional District of Texas. These expendi-
4) If the Trust Fund is required to
NW., Washington, D.C. 20463. Persons
tures were not for the purpose of "in-
organize, or to remain organized, and to
requiring additional time in which to re-
fluencing the nomination or the election
report as a "political committee", do the
spond to any Advisory Opinion Request
of any person to Federal office" and,
expenditures made by the Trust Fund
will normally be granted such time upon
therefore, were not considered to be "ex-
for the purpose of reimbursing the Con-
written request to the Commission. All
penditures" as defined and required to be
gressman for non-reimbursable expenses
timely comments received by the Com-
reported by the Federal Election Cam-
related to his official duties count toward
mission will be considered by the Com-
paign Act. Such expenditures included
the limits imposed on campaign expend-
mission before it issues an advisory opin-
the cost of newsletters to constituents,
itures by the Federal law?
ion. The Commission recommends that
unreimbursed trips to the District, con-
comments on pending Advisory Opinion
stituent luncheons, District newspaper
Requests refer to specific AOR number of
subscriptions, etc. In late summer, 1973,
R. L. PHINNEY,
the Request commented upon, and that
this trust fund was exhausted.
Chairman.
statutory references be to the United
Proceeds from a fund-raising function
Source: R. L. Phinney, Chairman, J. J.
States Code citations, rather than to the
in October, 1973, were used to finance a
Pickle Political Trust Fund, 1907 Expo-
Public Law Citations.
new trust fund, entitled the J. J. Pickle
sition Blvd., Austin, Texas 78703 (July
AOR 1975-24: Constituent Service
Political Trust Fund, of which I am
16, 1975).
Committees, Office Accounts and News-
Chairman. Funds were transferred in
C. Request of Representative Christo-
letter Accounts.
1974 from the Trust Fund to the J. J.
pher J. Dodd (Request Edited and Para-
A. Request of Representative Martha
Pickle Re-election Committee which was
phrased by the Commission).
Keys (Request Edited and Paraphrased
a duly organized "political committee"
Dear CHAIRMAN CURTIS:
by Commission).
whose purpose was to conduct Congress-
GENTLEMEN:
man Pickle's re-election campaign in
1974. All contributions received and ex-
There is a group of businessmen in my
penditures made by the Re-Election
district who wish to form a Congres-
The Martha Keys Congressional For-
Committee were reported pursuant to the
sional Club. The purpose of this club
um is an unincorporated committee hav-
requirements of the Federal Election
would be for them to meet with me on a
ing two officers, & chairman (volunteer)
and a secretary-treasurer (Congressional
Campaign Act. In addition, the Trust
regular basis so that they can inform
Staff member). Membership is limited to
Fund was organized as & "political com-
me about their problems, and I can re-
individuals on a per family basis and all
mittee" under the Federal law, and all
port to them about current legislation
payouts from the committee will be for
contributions to and expenditures by the
which is relevant to them.
office-newsletter expenses, deductible to
Trust Fund have been reported and filed
The group would meet on a monthly,
with the Clerk of the House.
or perhaps bi-monthly basis, and they
the Member and are not campaign ex-
As of December 31, 1974, the Re-Elec-
would be willing to pay my travel ex-
penses. All members have been notified
tion Committee was dissolved, and its
penses (round-trip transportation only)
that their contributions are not deduc-
surplus transferred back to the Trust
for this purpose.
tible.
Records of income and expenses will
Fund. The Trust Fund is still organized
Because of the value such a program
as a "political committee", and I have
would have to the businessmen in my
be kept by the secretary-treasurer who
will be the only authorized signature on
continued to file reports for the Trust
district as well as to myself, I would like
Fund in 1975 even though the expendi-
to see it be implemented.
the account. Regular reports will be
made to members of the Forum and put
tures from this fund have been non-
I [request an advisory opinion: (1) as
in The Congressional Record at least
campaign in nature, 1.e. not for the pur-
to whether the Federal Election Cam-
every six months.
pose of influencing the nomination or
paign Act of 1971, as amended]
We will attach a schedule of the Forum
election of any person to Federal office.
would prohibit such a group from assum-
receipts and expenditures to Mrs. Keys'
I request an advisory opinion
ing the cost of my travel for this desig-
personal income tax return, reporting
on the following questions:
nated purpose [and (2) if so,] as
any balance in the fund at year end as
1) If the Trust Fund receives con-
to how the basic concept might be
income. The records of the Forum will be
tributions and makes expenditures for
adapted in order to comply.
maintained by the same certified public
the sole purpose of reimbursing Con-
accounting firm that prepares Mrs. Keys'
gressman Pickle for expenses incurred
personal return to insure that an accu-
in connection with his official duties but
CHRISTOPHER J. DODD,
rate accounting is made.
non-reimbursable by the U.S. House of
Member of Congress.
Representatives, is the Trust Fund re-
Source: Representative Christopher J.
[We request an advisory opinion as to
quired to remain organized and report
Dodd, 429 Cannon House Office Building,
whether above practices meet the re-
as a "political committee" under the
Washington, D. C. 20515 (July 18, 1975).
FEDERAL REGISTER, VOL 40, NO. 162-WEDNESDAY, AUGUST 20, 1975
NOTICES
36531
D. Request of Mineta for Congress
P. Request of Senator Strom Thur-
(Request of National Republican Sena-
Committee (Request Edited and Para-
mond (Request Edited and Paraphrased
torial Committee and Democratic Sen-
phrased by the Commission).
by the Commission).
atorial Campaign Committee) (Request
DEAR MR. CHAIRMAN: I [request] an
Edited by the Commission)
DEAR SIRS: The [Mineta for Congress
Committee requests an advisory opinion]
advisory opinion on several points re-
GENTLEMEN: This is a request on behalf
in connection with expenditures for cer-
garding 24 U.S.C. 439a
of our respective Senatorial Committees
Will the "non-campaign" expenditures
for an advisory opinion dealing with the
tain activities which are deemed to be
of a principal campaign committee be
circumstances if any, under which ex-
political but may otherwise be objection-
reported separately, in a way that will
penditures by incumbent Senators for
able on the ground that the disbursement
not count against spending limitations,
ordinary and necessary expenses of serv-
is a diversion and considered as income
or must the funds be transferred out of
ing their constituents become campaign
received by the office holder. If for ex-
the principal campaign committee to a
expenditures, subject to disclosure re-
ample:
segregated fund?
quirements and expenditure limits.
1. An office holder mails out news-
Are expenses such as (1) lunches in
For years, Senators have assumed that
letters during regular intervals under a
Washington for constituents and (2)
such expenditures made from their own
franking privilege, but the printing ex-
small gifts (paperweights and letter
pockets or from a constituent service ac-
penses of the newsletters are paid for by
openers with my name embossed) for
count were not subject to the campaign
a committee;
constituents and press eampaign expend-
laws. However, we would appreciate a
Query: (1) Are such expenditures per-
itures, ordinary and necessary expenses
clarification of this issue from you as
missible? (2) Are the printing expenses
incurred in connection with my duties as
soon as possible.
of the newsletters paid for by the com-
a Federal office holder
Specifically, we would like you to con-
mittee, a diversion by the office holder,
What is meant by the phrase "or any
sider a circumstance in which a Senator
requiring said office holder to declare
other lawful purpose"?
maintains a constituent service account
such payment as income received?
over and above the allowances he receives
2. Committee assists office holder by
STROM THURMOND,
from the U.S. Senate. The account is
paying part of a telephone bill incurred
U.S. Senate.
funded by donations from private doners
at his administrative offices located in
and from the Senator himself. The ac-
his district:
Source: Senator Strom Thurmond,
count makes expenditures to publish and
United States Senate, Washington, D.C.
Query: (1) Is this type of an expendi-
distribute newsletters under the frank to
20510 (April 30, 1975).
ture permissible? (2) Are political funds
the Senator's constituents. Moreover, the
used to pay a part of telephone expenses
G. Request of Representative Christo-
account is used to pay the expenses of
incurred at administrative headquarters
pher J. Dodd (Request Edited and Para-
radio and television broadcasts to 16 Sen-
of office holder includible in his income?
phrased by the Commission).
ator's constituents concerning his official
DEAR MR. CURTIS:
duties. Other ordinary and necessary ex-
penses of running the Senator's office
GRANT SHIMIZU.
Congressman Dodd is preparing plans
may also be paid from time to time out of
Source: Grant Shimizu, Attorney at
to make a television report to the people
the account, but in no case are expendi-
Law, 724 North First Street, San Jose,
of the Second District in December 1975.
tures made to influence the result of a
California 95112 (June 25, 1975).
This report will be in the nature of a
Federal election, in the traditional :nean-
E. Request of Senator Gary W. Hart
"fireside chat" and will consist of a re-
ing of that phrase.
(Request Edited by the Commission).
port to his constituents regarding his
The question is whether or not pay-
An informal constituent services op-
activities and the activities of the Con-
ments from such an account are "ex-
eration is in the process of being orga-
gress during the year 1975.
penditures", subject to the overall cam-
nized on behalf of Senator Gary W. Hart
His present intention is to solicit con-
paign spending limits imposed by Sec-
of Colorado. It is contemplated that
tributions from individual persons to
tion 608(c) of Title 18, U.S. Code. A
funds will be solicited from the public
defray the cost of these television pro-
related question is whether or not dona-
and expenditures authorized under Sen-
grams. These contributions would not in
tions from private donors into such ac-
ate Rule 42 will be made. Expenditures
any manner be considered political con-
count are "contributions", subject to the
will be primarily for lease payments and
contribution limits in Section 608(b) of
tributions but would, in my opinion, be
operating expenses for the use of a mo-
Title 18.
considered amounts contributed to Con-
bile van. The van will travel to outlying
gressman Dodd for the purpose of sup-
We would very much appreciate some
areas of Colorado to make constituent
porting his activities as a holder of Fed-
rather specific guidance in this area. In
services more accessible to Colorado resi-
eral office. [I request an advisory opinion
passing, we stress the value of consist-
dents.
as to: (1) whether these amounts may be
ency with other bodies of law, particu-
Other expenditures authorized by Rule
used by Congressman Dodd to defray the
larly the franking statute (39 U.S.C., Sec-
expense of television program which is an
tion 3210) and applicable portions of the
42 may also be incurred.
Internal Revenue Code.
It is not presently contemplated that
expense incurred by him in connection
with his duties as a holder of Federal
In addition, our respective Committees
any attempt will be made to qualify this
office, (2) whether the amount contrib-
have a difference of interpretation of the
operation as a "political campaign com-
provisions of the 1974 Campaign Act
mittee" under Section 41 of the Internal
uted and the expenditure thereof would
Amendments relating to contribution
Revenue Code, so no funds solicited
be required to be disclosed under the pro-
limits for elections taking place prior to
would qualify as a tax deductible politi-
visions of 2 U.S.C. Sec. 431 et seq., and
cal contribution.
(3) whether that amount would be sub-
January 1, 1975, and we would appreciate
request that you advise me
ject to the limitations of 18 U.S.C: Sec.
having the Commission include in its
ruling a determination of whether the
608.]
whether this committee will be required
$5,000 maximum contribution ceiling ap-
to register and file reports with your of-
THOMAS B. WILSON,
plies to elections occurring prior to the
fice as a "political committee" pursuant
Treasurer,
effective date of the Amendments.
to the Federal Election Campaign Act
Dodd for Congress Committee.
Specifically, can our respective Commit-
of 1971, as amended.
Source: Thomas B. Wilson, Treasurer,
tees legally contribute more than $5,000
Dodd for Congress Committee, Suisman,
to help defray the recount expenses of
Shapiro, Wool & Brennan, P.C., 1028
any 1974 Senate elections.
HAROLD A. HADDON,
Poquonnock Road, Groton, Connecticut
J. BENNETT JOHNSTON,
Attorney for Senator Hart.
06340 (July 11, 1975).
Chairman, Democratic Senatorial
Source: Harold A. Haddon, Attorney
AOR 1975-25: Constituent Service
Campaign Committee.
for Senator Hart, 2878 S. Oakland Circle
Accounts; Contributions by Multi-candi-
TED STEVENS,
E, Denver, Colorado 80232 (June 25,
date Political Committees to Defray Re-
Chairman, National Republican
1975).
count Expenses of 1974 Senate Elections
Senatorial Committee.R
FEDERAL REGISTER, VOL. 40, NO. 162-WEDNESDAY,, AUGUST 20, 1975
GERALD
LIBRARY
36532
NOTICES
Source: J. Bennett Johnston, Chair-
AOR 1975-28: Status and Activities
Senator Percy's political activities as well
man, Democratic Senatorial Campaign
Allowed of a Political Committee Sup-
as expected reelection campaign.
Committee, Room 130, RSOB, Washing-
porting a Former Candidate for the
ton, D.C. 20510 (June 11, 1975) Ted
Presidency (Request of the Percy Com-
ARTHUR C. NIELSEN, Jr.,
tevens, Chairman, National Republican
mittee) (Request Edited and Para-
Chairman, The Percy Committee.
enatorial Committee, Room 445, RSOB,
phrased by the Commission).
Washington, D.C. 20510 (June 11, 1975).
Source: Arthur C. Nielsen, Jr., Chair-
GENTLEMEN:
AOR 1975-26: Contribution Limita-
man, The Percy Committee, P.O. Box
tions as Applied to Excess Senatorial
A3503, Chicago, Illinois 60690 (July 8,
Campaign Funds Deposited with Na-
The Percy Committee was established
1975).
tional Republican Senatorial Commit-
on February 9, 1973, in response to a
AOR 1975-29: Limitations on Contri-
tee (Request of National Republican
number of requests and initiatives by
butions by Local Political Parties (Re-
Senatorial Committee) (Request Edited
friends and supporters of Senator
quest of Representative Tom Railsback)
and Paraphrased by the Commission).
Charles H. Percy of Illinois. The com-
(Request Edited by the Commission).
DEAR MR. CURTIS: In 1972, former Dela-
mittee, which was then known as the Ex-
DEAR CHAIRMAN CURTIS: What
ware Senator J. Caleb Boggs provided
ploratory Committee, resulted from the
is the maximum contribution which can
belief of a number of those individuals
$11,402 in leftover funds from his own
be made by a political party's county cen-
campaign to the National Republican
that Senator Percy possessed the quali-
tral committee (an official subordinate
Senatorial Committee as a depository,
ties expected of & President and that it
organ of a State political party commit-
with the request that the funds be held
would be in the public interest that ample
tee) to a candidate for U.S. House of
by the Committee for the use of the
information be made available to him to
Representatives in the primary and in the
1976 Republican Senatorial candidate
make a sound decision as to whether he
general elections? Such county central
should become a candidate for President
from Delaware. The Committee con-
committee will principally make contri-
tinues to hold and is prepared to distrib-
of the United States in 1976.
butions to State and local party candi-
ute this amount to the Republican
The Exploratory Committee (later The
dates but will also make contributions to
Percy Committee) received contributions
Senate candidate from Delaware pursu-
its party's candidate for U.S. House of
and made expenditures for the purposes
ant to Mr. Boggs' instructions.
Representatives and President.
... I [request an advisory opinion
stated above. Although Senator Percy
was not an announced candidate for
of] the Commission as to whether the
President, the contributions and expen-
ToM RAILSBACK,
Committee can distribute these funds
ditures have been reported in accord-
Member of Congress.
publican Senate candidate without being
ance with the Federal Election Campaign
in violation of the $5,000 contribution
Source: Representative Tom Railsback,
limits contained in the Federal Election
Act of 1971. Apart from The Percy Com-
2431 Rayburn House Office Building,
mittee's accountants, who have not yet
Campaign Act Amendments of 1974.
Washington, D.C. 20515 (July 10, 1975).
rendered their final bill, The Percy Com-
AOR 1975-30: Use of Campaign Fund
mittee is not aware of any outstanding
for Newspaper Subscriptions and Travel
TED STEVENS,
obligations or anticipated contributions
Expenses (Request Edited by Commis-
U.S. Senator.
related in any respect to a possible presi-
sion).
dential candidacy by Senator Percy in
DEAR MR. CURTIS: My Campaign Treas-
Source: Senator Ted Stevens, National
1976. The Committee has approximately
urer in Mississippi has requested that I
Republican Senatorial Committee, Room
$9,000 of funds on hand.
make an advisory opinion request with
445, Senate Office Building. Washington,
Senator Percy is not a candidate for
regard to the following two items: (1)
D.C. 20510 (July 14, 1975).
President in 1976 and does not expect
may newspaper subscriptions be paid out
AOR 1975-27: Attorney's or Ac-
to be. As a result The Percy Committee
of the campaign fund? (2) may the Mem-
countant's Fees As Expenditures.
is not and will not be soliciting addi-
ber be reimbursed for travel expenses
A. Request of Warren E. Hearnes (Ex-
tional contributions or making additional
that he incurs in connection with polit-
cluding Fees from Expenditure Limit
expenditures (with the exception of the
ical appearances in his Congressional
(Request Edited and Paraphrased by the
bill referred to above) to pursue a pos-
District?
Commission).
sible presidential candidacy by Senator
Are expenses incurred by a candidate
Percy in 1976. Similarly, The Percy Com-
for legal and accounting fees paid for
mittee will not be taking action toward
DAVID R. BOWEN,
the purpose of complying with the Fed-
that end.
Member of Congress.
eral Election Campaign Act of 1971, as
We request an advisory opinion as to
Source: Representative David R.
amended, expenditures for the purpose
whether
(1) The Percy Commit-
Bowen, House of Representatives, 116
of a candidate's campaign expenditure
tee will cease to be a "political commit-
Cannon House Office Building, Washing-
limit?
tee" established on behalf of a potential
ton, D.C. 20515 (July 31, 1975).
WARREN E. HEARNES.
presidential candidate
once
the
AOR 1975-31: Contributions by
Source: Warren E Hearnes, 1015
last expenditure related to a possible
Spouses and Individuals Connected with
Locust Street, Suite 800, St. Louis, Mis-
presidential candidacy has been made
Government Contractors (Request Ed-
souri 63101 (July 14, 1975).
(that is expected to be the payment to
ited by the Commission).
B. Request of Representative John Y.
The Percy Committee's accountant
DEAR MR. CURTIS: [W]e are send-
McCollister (Including Accountant's Fees
referred to above):
ing a written request in order that you
in Fundraising Expenditures) (Request
(2) since Senator Percy is ex-
may render an opinion on the following:
Edited by the Commission).
pected to engage in political activity
1. Can a wife in a single income family
from time to time in Illinois on behalf of
make a contribution to a candidate if
Can the separate area of fundraising
other Republican candidates and is also
the husband has contributed $1,000?
costs not counted against general cam-
expected to seek reelection in 1978, and
2. Can a partner, officer or member of a
paign expenditures be used for paying
certain political expenses related to these
corporation or business holding a federal
for the services of a certified public ac-
contract make a personal contribution?
activities can be expected in such regard
countant
for purposes of handling
In addition, can the wives of those men-
from time to time, receipts and expendi-
campaign reports?
tioned make a contribution?
tures of and for this Committee should
NORVAL D. REECE,
continue to be recorded and reported in
JOHN Y. McCoLLISTER.
Campaign Manager.
accordance with the law;
Source: Representative John Y. Mc-
Source: Norval D. Reece, Campaign
Collister, 217 Cannon House Office Build-
(3)
the Percy Committee may
Manager, Shapp For President Commit-
ing, Washington, D.C. 20515 (July 21,
engage in general political fund raising
tee, P.O. Box 1012, Federal Square Sta-
1975).
and may make expenditures related to
tion, Harrisburg, Pennsylvania 17108.
FEDERAL REGISTER, VOL 40, NO. 162-WEDNESDAY, AUGUST 20, 1975
BERALD FORD VIBRARY
NOTICES
36533
AOR 1975 -32: Limitations on Contri-
You are authorized to publish this
the official business, activities and duties
butions by Multicandidate Committee
Advisory Opinion Request, as required by
of the Congress.
(Request Edited by The Commission).
applicable statutory provisions and FEC
Areas for consultation and assistance
DEAR SIR: We represent the Committee
regulations.
will include:
for the Survival of a Free Congress
ROBERT N. THOMSON,
Efficient handling of legislative and
("CSFC"), address as above.
Counsel, Bentsen in '76.
constituent mail;
CSFC is a "political committee" as de-
Source: Robert N. Thomson, Counsel,
Proper preparation for legislative re-
fined by the provisions of 2 U.S.C. I 431
sponsibilities, such as committee and
Bentsen in "76, Preston, Thorgrimson,
(d) and 18 U.S.C. § 591(d)
Floor activities;
CSFC submits this advisory opinion re-
Ellis, Holman & Fletcher, 1776 F Street,
Provision of constituent services;
NW., Washington, D.C. 20006 (July 28,
quest, by counsel
Preparation and dissemination of ma-
1975).
CSFC is a multiple candidate commit-
AOR 1975-34: Establishment of "Non-
terials pertaining to official congression-
tee which makes political contributions
al business which are distributed as
campaign Fund" by Multicandidate
as defined by the provisions of 2 U.S.C.
franked mail in accord with Sec. 3210(f),
Committee (Request Edited by the Com-
431(e) and 18 U.S.C. § 691(e).
T.39;
mission).
CSFC inquires whether the Federal
Non-campaign polling subject to any
Election Commission interprets the pro-
DEAR COMMISSIONERS: Pursuant to
pertinent Commission ruling;
scription set forth in 18 U.S.C. § 608(b)
Section 437(f) of Title 2, U.S. Code, the
Maximum utilization of resources pro-
(2) to prohibit CSFC from contributing
National Committee for an Effective
vided Members of Congress for their offi-
more than the sum of $5,000.00 in con-
Congress (NCEC) hereby requests an ad-
cial business.
nection with any one election to or on
visory opinion from the Federal Election
2. To organize and conduct non-par-
behalf of any one candidate?
Commission regarding certain activities
tisan, educational issue seminars for
If so, does the Commission also con-
and transactions. NCEC is an inde-
Members of Congress.
strue that or any other prohibition to
pendent political action group, founded
3. To prepare and publish certain
limit the total contribution of CSFC to
in 1948, and supported by a national
communications for the purpose of solic-
the national committee of a political
constituency of approximately 70,000
iting funds for the above mentioned
party (whether major, minor or incipi-
citizens.
purposes.
ent) or political organizational group?
NCEC is a "political committee" as de-
4. To conduct any other activities for
fined by Section 431(d), Title 2, U.S.
the purpose of soliciting funds for the
Code and Section 591(d), Title 18, U.S.
above mentioned purposes.
MARION EDWYN HARRISON.
Code and in addition qualifies as a multi-
Section II. The activities of the NCEC
Source: Marion Edwyn Harrison, Har-
candidate political committee pursuant
campaign fund will be as follows:
rison, Lucey, Sagle & Solter, 1701 Penn-
to Section 608(b) (2), Title 18.
1. To determine which candidates for
sylvania Avenue, NW., Washington, D.C.
The purpose and activities of the
federal office shall qualify for receipt of
20006 (July 29, 1975).
NCEC extend beyond providing assist-
either direct financial or technical cam-
AOR 1975-33: Interpretation of
ance and support to select candidates
paign assistance.
Spending Limit Exemption for Fund-
seeking the nomination for or election
2. To provide direct financial assist-
to either the U.S. House of Representa-
raising Costs (Request Edited by Com-
ance and in-kind consulting and tech-
tives or the U.S. Senate. It is the Com-
nical assistance to select candidates for
mission).
mittee's belief that certain activities of
the purpose of influencing or attempting
DEAR COMMISSIONERS: This Advisory
the NCEC are non-campaign in nature
to influence their nomination for elec-
Opinion Request is filed on behalf of the
and that funds solicited and received and
tion, or election, to federal office. The
Bentsen in "76 committee, a political com-
expenditures made for these non-cam-
in-kind consulting program will include
mittee duly registered and reporting un-
paign activities do not constitute a "con-
but is not limited to assistance with or-
der appropriate sections of the Federal
tribution" or "expenditure" under
ganization and management, fundrais-
Election Campaign Act and supporting
Section 591, Title 18.
ing, researeh, campaign polling, media
the candidacy of Senator Lloyd Bentsen
Thus, it is the intention of the NCEC
development and production, voter con-
for nomination for election to the office of
to establish a separate and segregated
tact programs.
President of the United States. The re-
non-campaign fund patterned after the
3. To provide campaign consulting
quest concerns the proper interpretation
separate and segregated funds estab-
and technical assistance to certain
of the fundraising exception tc the defi-
lished by certain labor unions, corpora-
Members of Congress to influence or at-
ntion of the term "expenditure", found
tions and interest groups. The name of
tempt to influence his or her nomination
in Section (f) (4) (H) of Title 18, U.S.
this non-campaign fund will be the Con-
for re-election, or re-election, to federal
Code.
gressional Services Fund. The Board of
office.
That subsection exempts from the
Directors and the Director of the Con-
4. To prepare and publish certain
Section 608(c) candidate expenditure
gressional Services Fund will be identical
communications, separate and different
limitations the costs of soliciting con-
to those of the NCEC. Separate accounts
from those mentioned under the non-
tributions, to the extent such costs do
will be maintained for campaign and
campaign activities (Section I, above),
not exceed "20% of the expenditure
non-campaign activities; the funds will
for the purpose of solicitation of funds.
limitation applicable to such candidate
not be transferable. The solicitation of
5. To conduct any other activities for
under Section 608(c) Section 608(c)
funds for each account will be separate.
the purpose of soliciting funds for the
imposes a $10 million expenditure limit
Funds solicited and received for the
above mentioned purposes.
for a candidate seeking nomination for
NCEC campaign account will be con-
For the purposes of establishing this
election to the office of President. How-
sidered contributions as defined by Sec.
separate and fully segregated fund, we
ever, expenditures in any one state may
591(e), T. 18; funds received for the non-
shall voluntarily cease providing non-
not exceed twice the limit available in
campaign account will not. Staff salaries
campaign assistance to a Member of Con-
such state "to a candidate for nomina-
and overhead will be prorated between
gress from that date six months prior to
tion for election to the office of
the two accounts based on the time spent
a contested election or from that date
Senator
on each activity.
on which the Member is considered to be
The question is whether or not fund-
Section I. The activities of the Con-
a candidate, as defined by Section 591
raising costs in a particular state are
gressional Services Fund will be as fol-
(b), Title 18, whichever comes first, even
exempt if they do not exceed the $2 mil-
lows:
though it is plain and clear that certain
lion nationwide limit, but do exceed 20%
1. To provide management consulting
consulting services do not constitute a
of the Presidential candidate's expendi-
and technical assistance to certain Mem-
"contribution" or "expenditure" under
ture allocation for such state, as com-
bers of Congress for the purpose of
Section 591, Title 18. From that date, any
puted under Section 608(c) (1) (A).
achieving effective execution of the ordi-
assistance will be provided by the NCEC
nary and necessary functions relating to
campaign funds and fully reported as an
FORD
FEDERAL REGISTER, VOL. 40, NO. 162-WEDNESDAY, AUGUST 20, 1975
GERALD
LIBRARY
36534
NOTICES
expenditure on behalf of such candidate
for Agricultural Political Education
ganized solely for the purpose of collect-
as defined by Section 591(f), Title 18.
(TAPE).
ing and expending political contributions
Further, we shall consider that the
C-TAPE was established by Associated
and carrying out other normal campaign
Congressional Services Fund falls under
Milk Producers, Inc. (AMPI) predecessor
activities.
the requirements of Section 437a, Title
Milk Producers, Inc. (MPI). TAPE filed
2. and shall file reports with the Commis-
its last report April 20, 1973.
sion setting forth the source of the funds
In 1972 and 1973 TAPE transferred
DAVID E. BIRENBAUM,
Co-counsel, Shriver for
used in carrying out any activity de-
funds in the amount of $1,931,541.09 to
President Committee.
scribed in Section I above as if the funds
C-TAPE.
were contributions within the meaning
C-TAPE has always reimbursed AMPI
Source: Shriver for President Com-
of Section 431(e), Title 18, and payments
for any expenses that AMPI incurred in
mittee by David E. Birenbaum, Co-coun-
of such funds in the same detail as if
its behalf. i.e. salaries, data processing,
sel, Fried, Frank, Harris, Shriver &
they were expenditures within the mean-
telephone, travel, etc.
Kampelman, Suite 1000, The Watergate
ing of Section 431(f), Title 18.
TAPE did not reimburse AMPI or MPI
600, 600 New Hampshire Avenue, NW.,
for any expenses incurred during the
Washington, D.C. 20037 (August 4, 1975).
RUSSELL D. HEMENWAY,
period 1969 through March 1972.
Dated: August 15, 1975.-
National Director.
On June 19, 1975 AMPI billed C-TAPE
for the TAPE expenses in the amount of
NEIL STAEBLER,
Source: Russell D. Hemenway, Na-
$162,500 for the period 1969 through
Vice Chairman for the
tional Director, The National Committee
March 1972.
Federal Election Commission.
for an Effective Congress, 10 East 39th
In the opinion of C-TAPE and its
[FR Doc.75-21882 Filed 8-19-75;8:45 am]
Street, New York, New York 10016 (July
counsel the expenses are reasonable and
23, 1975).
should be repaid. However, out of an
AOR 1975-35: Officials of Political
abundance of caution and desiring not
[Notice 1975-28]
Committees (Request Edited by the Com-
to take unappropriate action, C-TAPE at
mission).
its last meeting approved payment of this
ADVISORY OPINION REQUESTS
DEAR MR. CHAIRMAN: In the structure
bill from AMPI on the condition that it
Corporate Contributions to Political Com-
of the Republican Congressional Boost-
receive an advisory opinion from the
mittees Supporting State and Federal
ers Club it 13 customary to have two or
Federal Election Commission (FEC)
Candidates; Extension of Time To Com-
more national co-chairmen.
approving such a payment.
ment
We would like to have [an ad-
In the opinion of the FEC can this
The period of time within which to
visory opinion] from the Federal Elec-
payment be made?
comment upon AOR 1975-21, is hereby
tion Commission as to whether a person
extended by the Commission until the
serving as 11 member of the executive
J. S. STONE,
close of business, September 8, 1975. This
committee of the official committee of
Secretary,
Advisory Opinion Request was previously
one fund raising national committee can
Committee for TAPE.
printed in the FEDERAL REGISTER on
serve as chairman or a member of an-
ROBERT UVICK,
July 29, 1975, at 40 FR 31879. The issue
other national fund raising committee.
Treasurer and General Counsel,
posed by a California source, has national
I. LEE POTTER,
Committee for TAPE.
ramifications and the Commission en-
Executive Director.
courages submission of comments. The
Source: J. B. Stone, Secretary. Com-
issue presented is whether corporate con-
Source: I. Lee Potter, Executive Direc-
mittee for TAPE; Robert Uvick, Treas-
tributions to State central committees
tor, Republican Congressional Boosters
urer and General Counsel, Committee for
(permitted under State law) which con-
Club, 300 New Jersey Avenue, SE., Suite
TAPE, P.O. Box 32287, San Antonio,
tributions are used to defray day-to-day
522, Washir.gton, D.C. 20003 (July 18,
Texas 78284 (July 29, 1975).
operational expenses (office rent, utili-
1975).
AOR 1975-37: Incorporation of Polit-
ties, secretaries' salaries, office supplies)
AOR 1975 - 36: Payment for Adminis-
ical Committee (Request Edited by the
and to fund partisan registration drives,
trative Costs Incurred by Corporation on
Commission).
are nonetheless prohibited by 18 U.S.C.
Behalf of Political Committee Operating
DEAR CHAIRMAN CURTIS: On behalf of
the Shriver for President Committee, a
§ 610 because such contributions ex-
As Separate Segregated Fund of Corpor-
political committee registered with the
pended for the stated purposes directly
ation (Request Edited by the Commis-
Federal Election Commission, I hereby
or indirectly benefit Federal candidates.
sion).
request confirmation as to the legality
Dated: August 15, 1975.
GENTLEMEN: The Committee for Thor-
under 18 U.S.C. § 610 of the election of
ough Agricultural Political Education
the Committee to organize as a nonprofit
NEIL STAEBLER,
corporation. The Committee filed a
Vice Chairman for the
(C-TAPE) a multicandidate political
Statement of Organization with the
Federal Election Commission.
committee is the successor of the Trust
Commission on July 15, 1975 and is or-
[FR Doc.75-21883 Filed 8-19-75;8:45 am]
FEDERAL REGISTER, VOL 40, NO. 162-WEDNESDAY, AUGUST 20, 1975,
FORD
GERALD
LIBRARY
NOTICES
40675
(3) That any interest earned from
tion. Subsection (b) (2) allows certain
contributions to and expenditures by
funds transferred to any savings account,
political committees to make $5,000 con-
constituent service funds as transactions
certificates of deposit cr other interest-
tributions to any Federal candidate with
of a political committee. See Notice 1975-
bearing account be timely reflected on
respect to each separate election.
18, August 5, 1975 (40 FR 32951).
the reports required to be filed with the
In the event that contributions are
Furthermore, in Advisory Opinion
Federal Election Commission under 2
earmarked by the donor (or on the
1975-14, decided August 7, 1975, the Com-
U.S.C. 434;
donor's behalf), or otherwise directed
mission held that contributions to con-
(4) That no expenditures be made
through an intermediary or conduit to a
stituent service accounts are subject to
from any funds transferred to an ac-
particular candidate, they are treated
18 U.S.C. 608, 610, G11, 613, 614, and
count other than the checking account
as contributions to that candidate from
615. Accordingly, the Commission has no
at the designated campaign depository.
the original donor and are, therefore,
objection to transfers of funds from the
B. Request of Thomas Coleman. This
subject to applicable limits under sec-
existing political committee to another
request raises the question as to how one
tion 608(b). Section 608(b) (6) would not
one newly organized, but recognizes no
should report the transfer of surplus
apply to situations where donors relin-
functional distinctions between the two
campaign funds remaining from an elcc-
quish complete control over their con-
types of expenditures described in the
tion campaign for local or State office to
tributions and do not at a later time
request. Finally, the Commission con-
a Federal election campaign committee.
regain such control either by actual re-
cludes that all expenditures made by
The Commission's response to this ques-
turn of their contribution or, as in this
either the existing political committee
tion should not be construed as adversely
instance, by request of the recipient com-
or a new constituent service committee
affecting any donor's rights provided by
mittee for authorization to earmark a
are subject to the spending limits appli-
State law as to the use of the donor's
contribution originally given without.
cable to a candidate under 18 U.S.C.
original contribution made in connection
such restriction. Since in this case the
608(c).
with a campaign for State or local elec-
committee will be asserting some con-
tive office.
trol over the earmarking by reason of
Dated: August 21, 1975.
Funds received by a political commit-
the fact that it will actively seek to ob-
THOMAS B. CURTIS,
tee which are transferred from any other
tain consent from the donors to earmark
Chairman for the
source are contributions as defined in
funds for a specific Federal candidate,
Federal Election Commission.
2 U.S.C. (3). As such, they are re-
it follows that the committee, as well as
[FR Doc.75-22658 Filed 9-2-75;8:45 am]
quired to be reported under the provi-
the original donor, should be regarded
sions of 2 U.S.C. 434(b) (2) (4) and (7).
as having made the contribution.
Specifically, full information as to the
Hence, both aspects of the transaction
[Notice 1975-37, AOR 1975-38-AOR 1975-57]
source of all funds transferred to a re-
are subject to limitation under 18 U.S.C.
ADVISORY OPINION REQUESTS
porting political committee, as well as
608(b) (1). The committee must regard
the amounts and dates of all individual
its involvement in procuring the author-
In accordance with the procedures set
contributions included in the transfer,
ization to earmark as tantamount to its
forth in the Commission's Notice 1975-4,
must be reported. The Commission
own contribution and, therefore, subject
published on June 24, 1975 (40 FR 26660)
agrees that Mr. Coleman may presume
to the $5,000 limit in 18 U.S.C. 603(b) (2),
Advisory Opinion Requests 1975-38
that the surplus transferred to his Fed-
if it is otherwise qualified to make con-
through 1975-57 are published today.
eral campaign committee is comprised of
tributions in that amount. Further, such
Some of the Requests consist of similar
those individual contributions last 1e-
designated contributions must be re-
inquiries from several sources which have
ceived before the State election. The
ported to the Commission and the in-
been consolidated in cases where appro-
Commission contemplates future regu-
tended recipient by the political commit-
priate.
lations that will provide more specific
tee as provided in 18 U.S.C. 603(b) (6).
Interested persons wishing to comment
guidance as to the proper reporting of
Until issuance of final regulations, this
on the subject matter of any Advisory
transfers of this type.
may be accomplished by complying with
Opinion Request may submit written
The Commission also concludes that
the reporting provisions of 2 U.S.C. 434
views with respect to such requests within
the funds to be transferred to the Fed-
(b) and the earmarking regulations is-
10 calendar days of the date of the pub-
eral campaign committee may not in-
sued by the previous supervisory officers
lication of the request in the FEDERAL
clude any contributions by national
and adopted by the Commission on an
REGISTER. Such submission should be sent
banks or corporations, labor organiza-
interim basis on June 2, 1975, 40 FR
to the Federal Election Commission, Of-
tions, Government contractors. or agents
23833.
fice of General Counsel, Advisory Opin-
of foreign principals. See 18 U.S.C. 610,
D. Request of Senator James Buckley.
ion Section, 1325 K Street, NW., Wash-
611, and 613. Furthermore, no contribu:-
The Friends of Jim Buckley Committee
ington, D.C. 20463. Persons requiring ad-
tions which exceed $1,000 from any ore
has established an internal inethod of
ditional time in which to respond to any
person and were made after January 1,
allocating political expenditures from
Advisory Opinion Request will normally
1975, may be transferred to the Federal
"non-political" expenditures for constit-
be granted such time upon written re-
campaign committee. Finally, any funds
uent services. The Committee has solic-
quest to the Commission. All timely com-
that were under Mr. Coleman's personal
ited funds for both political and non-
ments received by the Commission will
dominion and control, although contrib-
political purposes through its fundrais-
be considered by the Commission before
uted to a State campaign committee,
ing appeals. Senator Buckley requests an
it issues an advisory opinion. The Com-
may be transferred to the Federal cam-
opinion as to:
mission recommends that comments on
paign committee only to the extent per-
(1) Whether the Commission will rec-
pending Advisory Opinion Requests refer
mitted under 18 U.S.C. 608(a).
ognize the functional distinction be-
to specific AOR number of the Request
C. Request of the Circle Club. The
tween the two types of expenditures:
commented upon, and that statutory
question presented is whether a pre-
(2) Whether it will be necessary to
references be to the United States Code
existing political committee with resid-
establish another committee to handle
citations, rather than to the Public Law
unl funds may obtain consent from the
funds expended for constituent services;
Citations.
original contributors of these funds to
and
"earmark" their contributions for a spe-
(3) If a separate cominittee is estab-
AOR 1975-38: Use of Excess Campaign
offic Federal candidate, and transfer said
Funds for Office Expenses and Fed-
lished. whether a separate committee for
earmarked contributions to the principal
eral Preemption (Request Edited
constituent services will be able to re-
campaign committee of the candidate
by the Commission).
ceive funds from the political committee.
designated by the contributor.
The matter of constituent service ac-
GENTLEMEN: I am writing to request
Under 18 U.S.C. 608(b) persons (other
counts is controlled by the provisions of
advisory opinions on the following ques-
than qualified multicandidate political
2 U.S.C. 439a and such rules as may be
tions, with regard to the Federal Election
committees) may not lawfully make con-
necessary to carry out the provisions of
Laws.
tributions to any Federal candidate in
section 439a. The Commission has for-
(1) If I, as a Member of Congress,
excess of $1,000 with respect to any elec-
mally proposed such rules which treat
elect to use left-over campaign funds for
FORD
FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975
GERALD
40676
NOTICES
legitimate office expenses, will these ex-
The Federal Election law ap-
of the Federal Elections Campaign Act,
penditures be counted in determining
pears to be ambiguous on the question
as amended. If so, would the cost of the
whether I, or my Campaign Committee,
of the requirement of campaign commit-
advertisement be credited toward the
have reached any of the spending limits
tees to report contributions by political
Primary Election campaign expenditure
set forth under the new law?
action committees when such funds are
ceiling established in 1974?
(2) If I elect to use campaign funds
used to purchase tickets to a recep-
If the proposed advertisement is not
for legitimate office expenses, will it, still
tion.
a "campaign expenditure" under the
be necessary for me or my Campaign
It is my understanding
that
provisions of the Federal Elections Cam-
Committee to file periodic reports with
campaign committees are not required
paign Act. could funds from my con-
the Clerk of the House up to and until
to report individual contributions of $100
gressional Communications Fund be used
I again announce myself as a Candidate,
or less by political action committees
for its purchase? A report of receipts
or may I close out my accounts until that
when such contributions are made for
and expenditures under my Communica-
time?
the purpose of purchasing tickets to a
tions Fund has been filed with the Clerk
(3) Does the new Federal Election Law
reception.
of the U.S. House of Representatives and
supercede state campaign regulations. or
[This Committee requests a formal,
the Lieutenant Governor of the State of
must state laws be adhered to separately?
written [advisory opinion] on whether
Hawaii.
a campaign committee is required to dis-
SPARK MATSUNAGA,
SILVIO O. CONTE,
close publicly contributions of $100 or
Member of Congrèss.
Member of Congress.
less by political action committees when
Source: Representative Spark Matsu-
Source: Representative Silvio O. Conte,
such contributions are made for the pur-
House of Representatives, 239 Cannon
pose of purchasing tickets to a reception.
naga, 422 Cannon House Office Building,
Washington, D.C. 20515. (Two letters
House Office Building, Washington, D.C.
I would also like to know the rules
dated July 22, 1975.)
20515. (July 15, 1975.)
covering reporting by donor organiza-
AOR 1975-39: Settlement of Campaign
tions. I understand they must report
AOR 1975-43: Establishment by Cor-
Debts Owed to Corporations (Re-
their contributions, regardless of the
poration of Voluntary Employee
quest Edited by the Commission).
amount.
Political Donation Program (Request
GENTLEMEN: Your recent Advisory
WALLY JOHANSON,
Edited by the Commission).
Opinions 1975-5 and 1975-6 prompt us to
Treasurer.
GENTLEMEN: On behalf of TRW, I
ask on behalf of the Metzenbaum Post-
Source: Wally Johanson, Treasurer,
would like to respectfully request your
Campaign Committee:
Oberstar for Congress, Volunteer Com-
advice on the following situation:
May a candidate's committee, which
mittee, P.O. Box 465, Duluth, Minne-
TRW operates a Good Government
incurred debts during the 1974 sena-
sota 55802. (July 17, 1975.)
Program whereby employees who desire
torial campaign, settle those debts
to participate are permitted to have a
with corporate or non-corporate cred-
AOR 1975-41: Investment or Savings
certain amount of their paycheck with-
itors, if the committee has made a
Deposits of Contributions or Other
held and sent to a designated candidate
serious effort to bring down the
Receipts (Request edited by the
or party. [The Commission notes that
amount of said debts since the date of
Commission).
the TRW Good Government Program
the election and has little likelihood
DEAR MR. CURTIS: Our Committee
registered as a political committee on
of raising additional funds sufficient
formally makes his request of the Com-
August 7, 1975]
to pay all debts in full?
mission for an Advisory Opinion as to
All contributions made by our employ-
After the election, we found ourselves
when, if ever, receipts from contribu-
ees to the designated candidates or com-
indebted to the extent of about $113,-
tions, sales, collections, loans and/or
mittees are fully disclosed to the in-
000.00. A number of fund-raising events
transfers may be deposited in an interest-
tended recipient. Each recipient receives
and personal solicitations have been
bearing savings account in a state and/or
a check in the total amount of all con-
made to the point that the committee
national bank, or invested in government
tributions designated for such recipient
has now been successful in decreasing
treasury notes.
and in addition receives a list of every
that debt to under $79,000.00. The com-
(Mrs.) ANN M. EPPARD,
employee who designated a contribution
mittee has a cash balance of a little over
Assistant Treasurer.
to such candidate or committee together
$5,000.00 at the present time. Some of
with the amount contributed by such
the creditors, both individuals and cor-
Source: (Mrs.). Ann M. Eppard, As-
employee. TRW simply acts as an agent
porations, have indicated a willingness
sistant Treasurer, Shuster for Congress
of the employee in forwardiing the desig-
to settle the amounts due them if we
Committee, Star Route 5, Everett, Penn-
nated contribution much as a bank oper-
will offer a cash settlement. We believe
sylvania 15537. (July 24, 1975.)
ates as an agent of a depositor when a
it may be possible for us to solicit a mod-
AOR 1975-42: Application of Spending
check is written and the bank honors
est amount of additional money. How-
limits to Candidate Purchase of Ad-
that check upon presentment.
ever, the last sentence of Advisory
vertising in Directories and Year-
However, it would appear possible to
Opinion 1975-6 issued by the Commis-
books (Request Edited by the
argue that TRW is an "intermediary or
sion on July 23, 1975 makes reference to
Commission).
conduit" within the meaning of Title 18
the problem possibly faced by corporate
608(b) (6) of the United States Code.
DEAR MR. CHAIRMAN: I have been in-
creditors that acceptance of such settle-
TRW does not believe that our program
vited by the editors of Hawaii's annual
ments could be construed as violations
is within the spirit of this section. How-
"Labor Director" to purchase a 1/8 page
of the Federal Election Campaign Act.
ever, since the point is arguable we would
advertisment in the Directory. My photo-
like to request the Commission's position
graph will appear with the words "Aloha
on this point.
MELVIN S. SCHWARZWALD,
to Labor from Sparky" superimposed. I
Should the Commission rule that TRW
Counsel for the Metzenbaum
have also been invited to purchase a
is an "intermediary or conduit" rather
Post-Campaign Committee.
quarter-page advertisement in the Ha-
than a simple agent of its employees, we
Source: Metzenbaum Post-Campaign
wail State Little League Baseball "Sou-
would like to be informed of the Com-
Committee by Counsel, Melvin S.
venir Yearbook," which is published
mission's requirements for our fund
Schwarzwald, Metzenbaum, Gaines &
annually at the end of the Little League
particularly in the following respects:
Stern, 1700 Investment Plaza, 1801 East
Baseball season. My photograph will ap-
(1) How frequently should we re-
9th Street, Cleveland, Ohio 44114. (Au-
pear with the words "Aloha and Best
port or file with the Commission?
gust 1, 1975.)
Wishes. (s) Spark Matsunaga, Member
In some cases, our payroll depart-
of Congress."
AOR 1975-40: Reporting Contributions
ments issue checks biweekly in other
I would appreciate receiving the Com-
from Political Action Committees
mission's opinion as to whether this ex-
cases payroll periods are semi-monthly,
(Request Edited by the Commis-
penditure must be recorded as a "cam-
monthly or weekly. In some cases the
sion).
paign expenditure" under the provisions
amounts to be withheld pursuant to
is
FOND
FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975
GERALD
LIBRARY
NOTICES
40677
the employees direction are withheld
6. What constitutes a "debt" or "obli-
3. May one or more members of the
in each paycheck and others the de-
gations" itemizable under parts 11 and
ADEPT committee also hold membership
duction is made only once a year. I
12 of the reports? Does this refer to long-
on one or more state committees?
am sure that neither TRW nor the
term debts and obligations of say, 60
4. May each state committee be funded
Commission desires to be inundated
days, or something else?
by transfers of funds from ADEPT? In
with paperwork for this program. Ac-
7. Do the non-principal campaign
this connection ADEPT envisions that
cordingly, if the Commission feels a
'committees have to be authorized in
upon being notified by a particular state
report is necessary at all, TRW re-
writing by the candidates?
committee that the funds thereof were
spectfully suggests that such report be
8. What constitutes "affiliation" and
depleted to the sum of $1,000.00 or some
provided to the Commission annually.
"relationship" of committees?
other relatively small sum, ADEPT would
(2) What form should we use for
transfer to that particular state commit-
the report?
ANDREA MORELL,
tee a substantial sum, as for example,
We are not aware of any form which
Treasurer, Socialist Workers
$25,000.00. No part of the transfer would
can be appropriately used for pur-
1976 National Campaign Committee.
be earmarked for a particular contribu-
poses of § 608(b) (6). Accordingly, if
tion. The state committee would be free
the Commission desires TRW to report
Source: Andrea Morell, Treasurer, So-
to spend the money as it deemed appro-
its program under this section we re-
cialist Workers 1976 National Campaign
priate. The state committee then would
spectfully request that the Commis-
Committee, 14 Charles Lane, New York,
be expected to advise ADEPT when at
sion adopt some form on which we may
New York 10014. (July 10, 1975.)
some subsequent date its funds available
make the report or at least inform us
AOR 1975-45: Legality of the Establish-
for contribution again dropped to
of the various items which the report
ment and Administration of "Inde-
$1,000.00.
should contain.
pendent Autonomous" Multicandi-
date Political Committees (Request
MARION EDWYN HARRISON.
WILLIAM A. HANCOCK.
Edited by the Commission).
Source: Marion Edwyn Harrison, Har-
Senior Counsel.
DEAR SIR: We represent the Agricul-
tural & Dairy Educational Political Trust
rison, Lucey, Sagle & Solter, 1701 Penn-
Source: TRW Good Government Pro-
sylvania Avenue, NW., Washing' on, D.C.
("ADEPT").
gram by Counsel, William A. Hancock,
20006. (July 15, 1975.)
TRW, Inc., 23555 Euclid Avenue, Cleve-
AOR 1975-46: Fee for the Televised Ap-
land, Ohio 44117. (July 28, 1975.)
ADEPT submits this advisory opinion
pearance of A Member of Congress
AOR 1975-44: Request of Socialist
request, by counsel, pursuant to the pro-
(Request Edited by the Commission).
visions of 2 U.S.C. 437f(a).
Workers 1976 National Campaign
Committee (Request Edited by the
The pertinent facts are that ADEPT
DEAR MR. CURTIS: I am writing on be-
is considering the establishment in sev-
half of United States Representative
Commission).
eral states of the Union of independent
Barbara Jordan, 18th District of Texas
DEAR COMMISSIONERS:
and autonomous political committees
to request advisory opinions regarding
which, like ADEPT, would be multiple
section 616 of the "Federal Election
candidate committees and which, like
Campaign Act Amendments of 1975." As
We seek advisory opinions under 2
ADEPT, would be political committees
you know, that section deals with the
U.S.C. 437f from the Commission on sev-
Each such committee would oper-
"Acceptance of Excessive Honorariums
eral questions regarding the Act and the
1974 Amendments.
ate solely within the state in which it was
Miss Jordan has been asked to provide
organized; would be governed by com-
editorial comment once a month which
1. In our letter of January 31, 1975
#e requested clarification on the $1,000
mittee members at least one of whom
is recorded on video tape, for presenta-
would be resident in such state; would
tion on the C.B.S. television Morning
limitation on contributions. Does this
limit apply separately to primary, run-
make political contributions as defined
News Show. She is paid One Hundred
off (if any), and general elections? Sec-
by the provisions of 2 U.S.C. 431(e) and
and Fifty Dollars for each taping.
tion 608(b) (5) indicates that the lin-
18 U.S.C. 591(e); would exercise its in-
It is our position that this payment is
dependent judgment as to the benefi-
salary for services for which a fee is tra-
itation is $2,000 for presidential candi-
ciaries and amounts of its contributions;
ditionally required, and therefore, should
dates but fails to give any time limita-
would report to the- Federal Election
not be included when computing her ac-
tion. Is it for instance, $1,000 before the
primary and an additional $1,000 be-
Commission pursuant to the provisions of
ceptance of honorariums for the calen-
tween the primary and the general elec-
2 U.S.C. 434(a); and, except to the ex-
dar year.
tion? If the limitation does apply sep-
tent it might receive unanticipated and
RUFUS (BUD) MYERS.
arately for candidates contending in pri-
unsolicited donations, would depend sole-
Source: Representative Barbara Jor-
mary and run-off elections, does it also
ly for its funds upon transfers from
dan by Rufus Myers, Administrative As-
apply separately for candidates contest-
ADEPT (which transfers would be re-
sistant, 1534 Longworth House Office
ing only the general election?
ported by ADEPT as contributions by
Building, Washington, D.C. 20515. (July
2. Regarding the limitation of $100.00
ADEPT) and which might receive the
3, 1975.)
on petty cash purchases and transactions
benefit of accounting, clerical, legal or
(18 U.S.C. 615), does this mean that
similar services in kind from ADEPT
AOR 1975-47: Expenditures of Corpo-
rate Funds by Host Committees for
no check to the order of "cash" can be
(which services also would be reported
the Benefit of National Political
made for over $100.00? What does a cam-
by ADEPT as contributions from
ADEPT).
Party (Request Edited by the Com-
paign committee do in a situation where
mission)
a candidate or representative of a can-
The basic question is whether such
didate is out of town and requires emer-
committees may be established.
DEAR COMMISSIONERS:
gency funds in excess of $100.00? What
If the basic question be answered in the
does a committee do in the case where
affirmative, ADEPT would propound the
On behalf of the Democratic National
its checks are unacceptable as a means
following questions.
Committee, a supplementary advisory
of payment for a certain vendor, for
1. May the Treasurer of ADEPT also
opinion is requested in this regard.
example, the U.S. Postal Service?
serve as the treasurer of one or more of
Specifically, Advisory Opinion 1975-1
the state committees?
provided, in part. that local corporations
4. When candidates are not contesting
2. Would the limitations upon the
which are engaged in certain retail busi-
special, primary, or run-off elections,
quantum of contributions set forth in 18
nesses may contribute funds to a local
what are the reporting requirements re-
U.S.C. 608(b) (2) be applicable (1) sep-
civic association, or other similar type of
garding the 10-day preelection and 30-
arately to ADEPT and to each such com-
business association ("Host Commit-
day postelection reports?
mittee or (2) in the aggregate to ADEPT
tee"), which payment, under certain
and each and every such committee?
conditions, would not constitute a pro-
FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975
40678
NOTICES
hibited corporate contribution within the
1974 was disputed and after litigation
tion law). However, he felt a letter to
provisions of 18 U.S.C. 610. The Opinion
the state courts ordered a new election
your office asking for an advisory opin-
did not cover the purposes for which a
for January 7, 1975.
ion would be wise.
Host Committee could expend its funds,
including funds derived by it from local
JAMES L. OBERSTAR,
[C]ontributions in excess of
retail corporations referred to above.
Member of Congress.
An Opinion is respectfully requested
$1,000 were received by this Committee
that a Host Committee may offer to the
during 1975 and used for an election held
Source: Congressman James L. Ober-
in 1975
star, Room 323, Cannon House Office
National Committee any of the services,
Please clarify this [question], i.e. were
Building, Washington, D.C. 20515. (July
benefits, or uses of property described in
8, 1975.)
paragraphs (1) through (7), inclusive, of
contributions received subsequent to De-
Advisory Opinion 1975-1, without vio-
cember 31, 1974 and prior to January 8,
AOR 1975-52: Assistance by Multi-can-
lating 18 U.S.C. 610, and that such trans-
1975 subject to the 1971 Act or
didate Committee to Pay Off a Can-
actions do not involve "expenditures"
subject to provisions of the 1974 Act as
didate's Past Campaign Debt (Re-
under 26 U.S.C. 9008(d).
indicated in Advisory Opinion 1975-6?
quest Edited by the Commission).
Additionally, please consider the fol-
GENTLEMEN: am writing to inquire as
STUART E. SEIGEL.
lowing for an [advisory opinion]:
to whether or not in your opinion a State
Source: Stuart E. Seigel, Cohen and
1. Promissory notes made in 1974.
Committee may assist a successful candi-
Uretz, 1775 K Street, NW., Washington,
a. Are accrued interest payments
date for the Congress to pay off his 1974
D.C. 20006. (August 4, 1975.)
made in 1975 on these notes, "debt"
election debt without impairing the lim-
incurred during 1974 and therefore,
itations on the amount of money it may
AOR 197548: Attribution of Contribu-
payable with contributions as outlined
give to said Congressman under the new
tion to Political Party to Candidate
in Advisory Opinion 1975-6?
law should he be a candidate for re-elec-
Receiving Funds from that Party
b. Can makers of these notes (i.e.
tion in 1976?
(Request edited by Commission).
co-guarantors, etc.) pay interest ac-
JOHN R. LINNELL.
DEAR COMMISSIONER: We request
cumulated on these notes without hav-
that the Federal Election Commission
ing these contributions being subject
Source: John R. Linnell, Maine Re-
issue an Advisory Opinion in answer to
to the 1974 Act?
publican State Committee, 187 State
2. Corporate debts owed by a Candi-
Street, Augusta, Maine 04330. (July 14,
this question:
date or Committee.
1975.)
Because the 1974 Act imposes a $1,000
limit on contributions by an individual to
a. Can debts owed by a candidate or
AOR 1975-53: Application of Limita-
a candidate for election to Federal office,
committee to a corporation be forgiven
tions on Contributions and Expendi-
if a contributor makes a contribution of
or settled for sums less than those
tures to Nomination by Petition Ef-
less than $1,000 to a candidate's cam-
previously billed without such forgive-
fort (Request edited by the Commis-
paign committee and thereafter is asked
ness of debt being considered an "ille-
sion).
to contribute to one or more state and
gal contribution" as outlined under
18 U.S.C. 610-611?
DEAR MR. CURTIS: A group of inter-
local Larty Committees, some portion of
ested citizens in the State of Maryland
whose receipts from contributions will be
b. Can a corporation write off as
have formed a political committee of
contributed by that committee to or ex-
bad debts, any debts owed by a candi-
which I am Chairman to explore the pos-
pended for the election of that same can-
date or committee for which payment
sibility of promoting the independent
didate, but where the portion of the in-
cannot be made?
candidacy of Bruce Bradley for the of-
dividual's contribution has not been ear-
TED E. DOVE,
fice of United States Senator in 1976.
marked for that candidate either by the
Treasurer.
In the process of gathering preparatory
contributor or the party committee, can
Source: Ted E. Dove, Treasurer, The
information, we find that under Mary-
the contributor make that contribution
Jeff Lacaze Committee, P.O. Box 14649,
land law, an independent candidate may
to the state or local party committee
Baton Rouge, Louisiana 70808. (August
qualify by petition to have his name
without being considered to have ex-
5, 1975.)
placed on the ballot for the general
ceeded the $1,000 limitation?
election.
AOR 1975-51: Use of Excess Campaign
If the answer to the foregoing question
In reviewing the provisions of the Fed-
Funds to Purchase Congressional
is no, what steps must the state or local
eral Election Campaign Act of 1971 [as
Office Equipment (Request edited
party committee or the contributor take
amended in 1974] we find the
by the Commission).
in order to insure that his total contri-
language of 18 U.S.C. 608(c) (1)
butions to the Federal candidate do not
DEAR MR. CURTIS: This is a re-
sufficiently vague as to request a formal
exceed the $1,000 limit?
quest for an advisory opinion on the use
advisory opinion from you on the follow-
of campaign funds to defray Congres-
ing specific issues:
RICHARD C. FRAME,
sional office expenses above the usual
1. Under Maryland law an in-
State Chairman.
electrical equipment and clerk-hire al-
dependent candidate for United States
Source: Richard C. Frame, State
lotments.
Senator must qualify for election by pe-
Chairman, Republican State Committee
Our office plans to install a computer
tition, a method which, while involving
of Pennsylvania, P.O. Box 1624, Harris-
terminal to meet the demands of con-
the expenditure of funds for political
burg, Pa. 17105. (August 5, 1975.)
stituent mail. The cost of the terminal
purposes, is not an expenditure of politi-
will exceed our office allotment and,
cal funds for nomination by election in a
AOR 1975-50: Application of 1974
therefore, we would like to use excess
primary election sponsored by an or-
Amendments to Debt Transaction
campaign funds to establish a separate
ganized political party. We would like an
Incident to Special Election in 1975
Oberstar Office Equipment account.
opinion as to whether or not nomina-
(Request edited by Commission).
In checking with the Office of the
tion by petition in this case is consid-
DEAR MR. CURTIS: After studying the
Clerk of the House, Mr. Moss recom-
ered legally equivalent to any other pri-
latest Federal Election Commission Ad-
mended this separate account and sug-
mary election contemplated under [18
visory Opinion (1975-76) there remain
gested the account be set up in a man-
U.S.C. 608(c) (1) (C)] We would
specific questions to be answered con-
ner allowing a staff member to make
interpret an affirmative ruling in this
cerning campaign debts owed by this
disbursement, rather than require the
case to mean that an independent can-
Committee.
Member's signature.
didate for nomination for election to the
Jeff LaCaze was a candidate for the
Mr. Moss assured me that the use of
office of U.S. Senator from the State of
U.S. House of Representatives from The
campaign funds in the manner pre-
Maryland attempting to qualify as a can-
Sixth District of Louisiana. The results
scribed is legal and preferred (reference
didate for the general election by peti-
of the general election of November 5,
Section 439(n) of the 1974 Federal Elec-
tion would be eligible to raise funds and
FORD
FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975
GERALD
LIBRARY
NOTICES
40679
spend them as if he were any other can-
gressman Wayne Owens (D-Utah) in
AOR 1975-56: Office Account Expendi-
didate attempting to obtain nomination
1974 received a 70 percent convention
tures Chargeable to Primary or
for election through the political pri-
nomination.
General Election Campaign.
mary process. Further, such an inter-
Were there, in Utah, to be 3 phases of
DEAR SIR: I hereby request an advisory
pretation would mean that the limita-
a Federal campaign (i.e., convention,
opinion in regard to the following:
tions of [18 U.S.C. 6Q8 (c) (1) (C)
primary and general) would the cam-
Are expenditures by an office account
would apply to all political activities of
paign limitation apply to each phase,
to be counted against the expenditure
an independent candidate up until such
with no carry-over from one time frame
limitations applicable to a campaign for
time as he is legally certified as a can-
to another? Under the prior law the Sec-
election (general) or should they be
didate for the general election by com-
retary of the Senate answered this ques-
counted against the campaign for nom-
petent state authority.
tion affirmatively, denoting, accurately,
ination for election (primary).
2. Assuming that the above ruling is
no difference between primary run-offs
in the affirmative, and that an independ-
and the Utah system.
STEPHEN J. SOLARZ,
ent candidate is considered for purposes
Your advisory opinion on the question
Member of Congress.
of the spending limitations as any other
raised is sought.
Source: Representative Stephen J.
candidate for nomination by primary,
KENT SHEARER,
Solarz, House of Representatives, 1228
would there be any restrictions on funds
Legal Counsel.
Longworth House Office Building, Wash-
used to qualify by petition other than
Source: Kent Shearer, Legal Counsel,
ington, D.C. 20515. (August 12, 1975.)
those imposed by the Federal Election
Utah Republican Central Committee, c/o
Campaign Act of 1971, as amended? We
AOR 1975-57: Application of Limits to
Mock, Shearer and Carling, 1000 Con-
would interpret a no restriction ruling as
Post-election Contributions to Single
tinental Bank Building, Salt Lake City,
permitting the expenditure of funds
Utah 84101. (June 28, 1975.)
Candidate Committee (Request
raised to qualify for election by petition
Edited by the Commission).
for the same types of activities and serv-
AOR 1975-55: Organizational Contribu-
ices as would be procured under the law
tions to Charity in Lieu of Honorari-
DEAR SIR: We would appreciate a rul-
by any other candidate seeking nomina-
um To Federal Office-Holders or
ing from you regarding certain points
tion by primary, i.e. payment of staff
Scholarship Fund (Request Edited
of law regarding candidates/campaigns
salaries, media advertisements, airplane
by the Commission).
for Federal Office (U.S. Senate), Title
or car rentals, and publications of a pro-
DEAR MR. CHAIRMAN: I write to request
III of Public Law 92-225, the Federal
motional nature.
a clarification and interpretation of the
Election Campaign Act.
3. If, in fact, qualification by petition
requirements and limitations under Sec-
constitutes a primary for purposes of [18
Please give us a ruling on the follow-
tion 616 of Title 18 of the U.S. Code with
J.S.C. 608 (1) (C)] and a sur-
respect to honorariums received by a
ing:
plus remains at the time the candidate's
Member of Congress.
(1) Is there any limitation as to time
petition is certified and he is, in fact,
Would it be proper, assuming no self-
that contributions can be accepted
jualified for election under State law,
dealing or self-serving implications of
subsequent to the election?
can the surplus be carried over for use
_11 the general election campaign with-
any kind, for private organizations to
(2) Is it permissible to accept funds
out regard to the limitations imposed
make contributions to legitimate chari-
raised from Testimonials, Dinners, etc.
under [18 U.S.C. 608(c) (1) (D)
ties, either in lieu of or in addition to
(given for the benefit of the candidate)
honorariums that I might otherwise re-
subsequent to the election?
JOHN F. FALCONER.
ceive? Would such contributions in any
(3) If post election contributions
Source: John F. Falconer, Chairman,
way count with respect to the limitations
are acceptable, is it in any way con-
Bradley for Senate Committee, 10600
beneca Ridge Drive, Gaithersburg, Mary-
imposed under Section 616?
trary to the law to repay the candi-
and 20760. (Junc 30, 1975.)
In addition, a special situation would
date for funds loaned to his own cam-
be the possible establishment of a schol-
paign fund, which has been used to
.OR 1975-54: Application of Contribu-
tion and Expenditure Limitations
arship fund, properly set up with no self-
defray campaign expenses?
to Each Election Held in a State
dealing and an unrelated board of di-
A. R. GRIGSBY,
(Request edited by the Commission).
rectors. If a private organization were
Treasurer,
GENTLEMEN:
Utah has a some-
asked in lieu of an honorarium, to make
John L. Grady Campaign Fund.
nat unique nomination process. At the
such a contribution only if they wished,
Source: A. R. Grigsby, Treasurer, John
espective State Nominating Conven-
and not as a condition for my appear-
L. Grady Campaign Fund, Belle Glade,
ons, attended by delegates elected at
ance, would this be proper?
Florida 33430. (August 1, 1975.)
recinct mass meetings, primary con-
enders are reduced to two. If, however,
AL ULLMAN,
Dated: August 25, 1975.
ne candidate receives 70 percent of the
Member of Congress.
THOMAS B. CURTIS,
ote, he becomes the nominee, without
Source: Representative Al Ullman,
Chairman for the
primary. Both Senator Jake Garn (R-
House of Representatives, Washington,
Federal Election Commission.
tah), and his opponent, former Con-
D.C. 20515. (August 11, 1975.)
[FR Doc.75-22942 Filed 9-2-75;8:45 am]
FORD
FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975
GERALD
LIBRARY
43166
NOTICES
FEDERAL ELECTION COMMISSION
termining the aggregate of a person's
Island. We
[request an advisory
contributions, the treasurer shall list
[Notice 1975-46, AOR 1975-49, 1975-58-
opinion] regarding the following:
1975-65]
contributions from the same donor un-
"The State of Rhode Island campaign
der the same name. In each instance
law allows corporate political contribu-
ADVISORY OPINION REQUESTS
when a contribution received from a per-
tions. Would it be permissible to accept
In accordance with the procedures set
son in a reporting period is added to
corporate donations
[in connection
forth in the Commission's Notice 1975-4,
previously reported unitemized contri-
with a fundraising event at which a
published on June 24, 1975 (40 FR 26660),
butions from the same contribution and
presidential candidate appears] as long
Advisory Opinion Requests 1975-49 and
the aggregate exceeds $100, the name,
as they were kept in a separate bank ac-
1975-58 through 1975-65 are published
address, occupation, principal place of
count and not used for any Federal can-
today. Some of the Requests consist of
business, if any, of that contributor shall
didate or committee? These funds would
similar inquiries from several sources
then be listed on the prescribed report-
be used for State candidates and would
which have been consolidated in cases
ing forms. Because of this reporting re-
not be used by the Republican State
where appropriate.
quirement, should every person who at-
Committee.'
Interested persons wishing to comment
tends a concert list their name, address
on the subject matter of any Advisory
and occupation?
H. JAMES FIELD, Jr.,
Opinion Request may submit written
GARY L. JACKSON.
State Chairman.
views with respect to such requests within
Source: Gary L. Jackson, Accountant for
Source: H. James Field, Jr., State Chair-
10 calendar days of the date of the pub-
Concerts for Tom Hayden for U.S. Senate,
man, Rhode Island Republican State Central
lication of the request in the FEDERAL
435 Los Palmos Drive, San Francisco, Cali-
Committee, Turks Head Building, Providence,
REGISTER. Such submission should be sent
fornia 94127. (July 23, 1975.)
Rhode Island 02903. (July 21, 1975.)
to the Federal Election Commission, Of-
fice of General Counsel, Advisory Opinion
AOR 1975-58: Transfer of Surplus Cam-
AOR 1975-60: Labor Union Sponsor-
Section, 1325 K Street, NW., Washington,
paign Funds to Congressional Office
ship of Fundraising Raffle for Federal
D.C. 20463. Persons requiring additional
Account (Request Edited by the
Candidate (Request Edited by the Com-
time in which to respond to any Advisory
Commission).
mission).
Opinion Request will normally be granted
[COMMISSIONERS:] I request an opinion
DEAR CHAIRMAN CURTIS: On behalf of
such time upon written request to the
concerning the use of money raised for
Citizens For Moffett, a lawfully consti-
Commission. Ail timely comments re-
campaign purposes.
tuted political organization in Connecti-
celved by the Commission will be con-
Specifically, can money raised under
cut, I hereby request a legally binding
sidered by the Commission before it is-
the federal election law be used to pay
advisory opinion responsive to the below
sues an advisory opinion. The Commis-
for office expenses of a Member of Con-
enumerated questions.
sion recommends that comments on
Each of these inquiries relates to a
gress?
pending Advisory Opinion Requests refer
raffle contemplated by supporters of Con-
to the specific AOR number of the Re-
The facts relating to my request are
gressman Toby Moffett, Sixth District
quest commented upon and that statu-
the following:
Connecticut. Such raffle would:
tory references be to the United States
(1) My office account, also known
Be conducted in compliance with the
Code citations, rather than to the Public
commonly as my stationery account pro-
laws of the State of Connecticut;
Law Citations.
vided to me as a Member of Congress, is
Feature the sale of tickets to the gen-
without funds.
AOR 1975-49: Reporting and Alloca-
eral public at a cost of one dollar each;
(2) I need funds to continue the nor-
tion of Fundraising Costs (Request
Offer a trip or several trips as prize or
mal office operations of my Congres-
Edited by the Commission).
prizes;
sional office. (For example, paper, books,
Be conducted solely by volunteers with
DEAR SIR: We are working in the Tom
office supplies, etc.)
all proceeds applied to prize and organi-
Hayden campaign for U.S. Senate in
(3) My campaign account, duly filed
zational costs and the remainder to be
California. We need a specific [advisory]
and maintained under the Federal Elec-
contributed to the Congressman's cam-
opinion as to fund raising, i.e.
tion Laws, has several thousand dollars
paign fund;
Committee To Elect Tom Hayden
in it.
Be so conducted as to assure accurate
Presents
(4) The money in the campaign ac-
recordkeeping of all contributors and all
Artist To Be Announced
count was raised in 1975 for purposes
contributions.
at the Paramount Theater
of paying off my campaign debts result-
August 24, 1975
1. Would such a raffle constitute a legal
Tickets: $5, $6, & $7
ing from the 1974 election.
fundraising activity under the laws of the
Can I transfer some of the money in
United States and of the Federal Elec-
An immediate disclosure problem
my campaign account to my Congres-
tion Commission?
arises in the production of a concert.
sional office account to cover the normal
2. Can a labor union serving under
expenses of the operation of my office?
State law as the raffles' sponsor promote
The tickets for the above concert are
Can funds raised in 1975 for purposes of
and operate the raffle with union volun-
scaled at less than $10. Do we have to get
eliminating a 1974 campaign debts be
teers contributing their time without re-
every name of every person who attends
termed surplus funds, thus available for
muneration during their normal time off
the concert? If we do not, i.e. only those
Congressional office expenses?
from regular employment?
whose contribution exceeds $10, do we
If the answer to my request is in the
3. If a labor union acts within State
allocate the contribution, according to
affirmative, what are the legal conse-
cost? For example,
law as the raffle's sponsor and accord-
quences of transferring such funds to my
ingly turns over the net proceeds to the
Gross receipts
$20,000
office account?
Cost
10,000
Congressman's campaign fund, should
Portion allocable to contri-
JAMES J. BLANCHARD,
such funds be reported by the Congress-
bution
10,000
Member of Congress.
man's campaign fund as the contribu-
$20,000 or 1/2
Source: Representative James J. Blanchard,
tion of the union or as the contributions
House of Representatives, Washington, D.C.
One-half of $7.00 equals $3.50. Therefore,
20515. (August 19, 1975.)
of the individuals whose names and ad-
if a person buys two tickets for $14.00
dresses were recorded at the time they
AOR 1975-59: Acceptance of Corporate
their contribution is less than $10.00,
Contributions for Non-Federal Pur-
purchased raffle tickets?
one-half of $14.00 equals $7.00.
poses (Request Edited by the Com-
SALVATORE GIONFRIDDO,
Further, what about cumulative totals.
mission).
Chairman, Citizens for Moffett.
The above contribution of $7.00 for this
GENTLEMEN: On August 30, 1975, Presi-
Source: Salvator Gionfriddo, Chairman
event may be matched by subsequent
dent Gerald R. Ford will be the guest
Citizens For Moffett, 181 Farmington Avenue
ticket purchases or contributions. In de-
of honor at a fundraiser here in Rhode
Bristol, Connecticut 06010. (August 18. 1975
FORD
FEDERAL REGISTER, VOL. 40, NO. 182-THURSDAY, SEPTEMBER 18, 1975
GERALD
NOTICES
43167
AOR 1975-61: Allocation of Expenditures
realize the limitation of $1,000.00 per in-
DEAR MR. CURTIS: I am hereby request-
for Services of Individual to Dual
dividual contributor to any candidate
ing a formal Advisory Opinion from The
Candidate (Request Edited by the
for Federal Office.
Federal Election Commission on the fol-
Commission).
What we propose to do is sell tables at
lowing situations.
DEAR COMMISSIONERS: This is an Ad-
the dinner for $1,250.00 with tickets to
I am planning a fund raiser in Octo-
visory Opinion Request filed on behalf of
clearly indicate that $1,000.00 of this
ber 1975 to retire a 1972 campaign deficit
the Bentsen in '76 political committee.
amount is a contribution, and $250.00 is
not heretofore reported and a 1973-74
The committee is duly registered as the
to help defray the cost of the dinner.
deficit for office expenses which were not
principal campaign committee of Sena-
(There will be ten seats for each table
reimbursed. Is it acceptable to retire
tor Lloyd Bentsen who is a candidate
so $25.00 of each individual ticket will be
these two debts with a single fund raiser?
for nomination for election as President
used to pay the dinner expenses. The
If so, should the solicitation clearly indi-
of the United States. Senator Bentsen
actual cost per person for putting on the
cate that the funds contributed will be
also expects to be a candidate for the
dinner will be in excess of $25.00 per
used for both campaign and office
U.S. Senate in the State of Texas.
person) Our question is this: Are we
expense deficits?
This request concerns the expenditure
within our legal rights in asking contrib-
CHARLES WILSON.
allocation standards to be used in cases
utors to defray actual costs of the dinner
Source: Representative Charles Wilson,
of simultaneous candidacy where one in-
as well as making a legal contribution of
House of Representatives, Washington, D.C.
dividual may be performing tasks for
$1,000.00?
20515. (August 22, 1975.)
both a Senate and Presidential cam-
AOR 1975-65: Contribution from Imme-
paign. For example, assume one account-
FRANK CEO,
diate Family for Senate Campaign
ant is handling bookkeeping duties for
Chairman, Abe Hirschfeld
(Request Edited by the Commis-
both the Bentsen Senate and the Bentsen
for U.S. Senate.
sion)
Presidential campaigns in the State of
Texas. Part of his salary is paid by the
Source: Frank Ceo, Chairman, Abe Hirsch-
[COMMISSIONERS:] My Friends Com-
Senate campaign committee and part by
feld for U.S. Senate, 576 Fifth Avenue, New
York, New York 10036. (July 8, 1975.)
mittee has asked me to write you for
the Presidential campaign committee.
an advisory opinion [under 2. U.S.C.
Are there specific accounting methods
AOR 1975-63: Honorariums to Federal
$ 437(f) ]
Officeholders Appearing at Fund-
of the new federal regu-
that must be used to make a fair salary
raiser Organization (Request Edited
lations for campaign financing, specifi-
allocation for purposes of the expendi-
by the Commission).
cally for a Senatorial campaign.
ture limits in 18 U.S.C. § 608(c) If not,
GENTLEMEN: [We request an advi-
I am interested in determining if my
may the campaigns adopt any account-
sory opinion as to] whether, if we
wife's brother, sister, and parents are
ing method that will yield an allocation
have a speaker from Congress in this
considered to be members of my "imme-
that fairly reflects the actual billable
off-year who requests an honorarium for
diate family" for purposes. of
time spent by the accountant on each of
appearing at a luncheon designed as a
[the] contribution [limits in 18 U.S.C.
the campaigns?
general organization fund-raising
event-not one for that particular in-
§ 608]. Are they able to contribute over
dividual-we have to report the speaker's
and above the $35,000 family limitation?
ROBERT N. THOMSON,
honorarium as a political contribution to
Could you please clarify for me exactly
Counsel, Bentsen in '76.
the individual, plus the travel expenses
whom the term "immediate family" does
Source: Robert N. Thomson, Counsel,
requested by the Congressional speaker
include. Do the spouses of my children
Bentsen in '76. Preston. Thorgrimson, Ellis,
for the speaker and the speaker's spouse.
also fall into this category?
Holman, and Fletcher. 1776 P Street, NW.,
Washington, D.C. 20006. (July 8, 1975.)
COLLETTE NORTH.
ALPHONZO BELL,
ROSLYN COOPERMAN.
U.S. Congressman.
AOR 1975-62: Contributions Used to
EDITH SCHWARTZ.
Defray Fundraising Costs (Request of
Source: Alphonzo Bell, U.S. Congress-
Source: Collette North, Coordinator,
Abe Hirshfeld for U.S. Senate) (Request
Roslyn Cooperman, Coordinator, Edith
man, Friends of Congressman Alphonzo
Edited by the Commission)
Schwartz, Treasurer, Women For: 8913 West
Bell, P.O. Box 24144, Los Angeles, Cali-,
DEAR CHAIRMAN CURTIS: Abraham
Olympic Boulevard, Beverly Hills, California
fornia 90024. (August 19, 1975.)
90211. (August 19, 1975.)
Hirschfeld intends to be a candidate for
Dated: September 12, 1975.
AOR 1975-64: Solicitations for Fund-
the Democratic nomination for United
raising Event to Retire 1972 Cam-
THOMAS B. CURTIS,
States Senate from New York.
paign Debt and 1973-74 Deficit in
Chairman for the
...
We are planning a fundraising
Office Expense Account (Request
Federal Election Commission.
dinner for Mr. Hirschfeld this fall. We
Edited by the Commission).
[FR Doc.75-24708 Filed 9-17-75;8:45
FEDERAL REGISTER, VOL. 40, NO. 182-THURSDAY, SEPTEMBER 18, 1975
FILE THE FOLLOWING 14 PAGES UNDER "GUIDELINES"
FORD is LIBRARY 03RALD
40668
RULES AND REGULATIONS
Title 11-Federal Elections
as made with respect to the 1974 elec-
of Debts and Obligations (40 FR 32950
CHAPTER I-FEDERAL ELECTION
tion, to which the limitations of 18 U.S.C.
(August 5, 1975) Reference is also made
COMMISSION
608 did not apply. Such limitations will,
to Advisory Opinions 1975-5 and 6, 40
however, apply to all contributions re-
FR 31316 (July 25, 1975).
[Notico 1975-34]
celved or expenditures incurred subse-
C. Multicandidate committees. Section
NEW HAMPSHIRE SENATE ELECTION
quent to July 30, 1975, which contribu-
608(b) (2) of Title 18, United States Code
Interim Guideline
tions and expenditures shall be attribu-
establishes three requirements which
ted to the September 16 special election,
multicandidate committees must satisfy
On June 2, 1975, the Federal Election
except to the extent that such contri-
before they qualify as a political com-
Commission issued an Interim Guideline
butions are earmarked for another
mittee subject to the $5,000 rather than
(Notice 1975-1) which directed all indi-
purpose.
the $1,000 contribution limitation. These
viduals, committees, and others subject
In the unique circumstances attending
requirements are: (1), Registration under
to the Federal Election Campaign Act
the holding of the September 16 special
2 U.S.C. 433 for a period not less than
of 1971, as amended, to file the July 10,
election, funds received or promised in
six months; (2) the receipt of contribu-
1975 quarterly report with either the
writing subsequent to December 31, 1974
tions from more than 50 persons; and (3)
Secretary of the Senate, the Clerk of the
and prior to July 31, 1975 and which re-
except for any state political party or-
House of Representatives, or the Fed-
mained on hand as of July 30, 1975 may
ganization, the making of contributions
eral Election Commission, depending
be expended or transferred for that
to five or more candidates for federal
upon the nature of the candidacy in-
special election by an authorized politi-
office.
volved. Today, with respect to the Spe-
cal committee to the extent that such
For the purpose of meeting these re-
cial Election to fill the vacancy in the
contributions would be lawful under the
quirements for this election only, each
office of United States Senator from New
Federal Election Campaign Act of 1971,
political committee (1) must have been
Hampshire, scheduled for September 16,
as amended, and Title 18 U.S.C. All con-
registered with one of the three previous
1975, the Federal Election Commission
tributions to a candidate or his author-
supervisory officers for six months or
issues a guideline which directs the
ized political committee subsequent to
more prior to the time the contribution
parties involved in the New Hampshire
December 31, 1974 and prior to July 31,
is made, and, (2) with respect to the 1974
elect'on to file directly with the Com-
1975 must, however, be reviewed by the
Congressional elections, each political
mission, and which sets out other rules
candidate or the appropriate committee
committee must have received contri-
of general applicability with respect to
treasurer. Such contributions shall be
butions from more than 50 persons and
complying with the Federal Election
reviewed in reverse order of receipt, be-
made contributions to five or more fed-
Campaign Act in the pre- and post-
ginning with the last contribution re-
eral candidates. If a political committee
elect on periods.
ceived prior to July 31, 1975. To the ex-
meets these requirements, it may con-
Dated: August 21, 1975.
tent that any contribution exceeds the
tribute $5,000 to a candidate in this elec-
limits set by 18 U.S.C. 608, such excess
tion. If any of these requirements are
THOMAS B. CURTIS,
shall be set aside and excluded until the
not met, then the political committee is
Chairman for the
sum of the contributions so reviewed
limited to a $1,000 contribution under
Federal Election Commission.
equals the amount of cash on hand on
section 608(b) (1).
INTERIM GUIDELINE-NEW HAMPSHIRE
July 30, 1975, at which point an amount
D. Expenditures by national and state"
SENATE ELECTION
equal to the sum of the non-excluded
committees. National and state com-
portions of the contributions may be
I. Definitions. For purposes of this
mittees of political parties are entitled
transferred to or expended on behalf of
interim guideline the term
to make the expenditures provided in 18
the candidate. If the excluded amounts,
U.S.C. 608(f) in connection with this
(a) "Candidate" means an individual
thus computed. or any portion thereof
whose name will appear on the ballot in
election. Section 608(f) establishes sep-
have already been transferred or ex-
the September 16, 1975 election to fill
arate expenditure limitations for polit-
pended, an equivalent sum shall be de-
the New Hampshire Senate seat.
ical party committees in connection with
ducted from the current campaign funds
(b) "Election or special election"
a general election. The New Hampshire
of such candidate's authorized political
means the special election to be held on
statute under which this election is to be
committee or committees, and may not
September 16, 1975, to fill the New
held terms it a "special" election. For
be used for the September 16 election,
Hampshire Senate seat.
purposes of federal law, a general elec-
although such funds may be used for
tion is an election that is held to fill a
(c) "Political committee" means po-
any other lawful purpose including the
litical committee which receives (or in-
vacancy in a federal office. Since the up-
retirement of residual campaign debts
tends to receive) contributions or makes
coming New Hampshire contest is such
from the 1974 election.
(or intends to make) expenditures with
an election, it will be considered within
Excluded portions of contributions will
respect to the September 16, 1975 special
the definition of general election.
not count against expenditure ceilings
election to fill the New Hampshire Sen-
E. New Hampshire State committees-
under the 1974 Act, but non-excluded
ate seat.
establishment of segregated funds. Each
portions will count against such ceilings.
(d). "Authorized committee" means a
New Hampshire state committee, and
For example, if the most recent contri-
political committee which has been au-
each subordinate committee of such state
bution was $500 contributed by an indi-
thorized in writing by a candidate to re-
committees, which intends to solicit or
vidual, which is non-excluded, that indi-
ceive contributions or make expenditures
receive contributions for or on behalf of,
vidual may not contribute more than
for or in furtherance of the election of
or make expenditures, or make trans-
$500 additional for the September 16
such candidate. Such authorization
fers, in excess of $1,000, to or on behalf
special election.
shall be provided to the chairman of
of any candidate for federal office shall:
Each candidate must designate a new
such political committee and a copy
(1) Establish a segregated federal
principal campaign committee to re-
shall be sent to the Commission.
campaign account in either a state or
ceive contributions and incur expendi-
11. Applicability of the Federal Election
national bank which account may not
tures with respect to the September 16
Campaign Act Amendments of 1974-A.
receive contributions other than con-
special election.
General. For purposes of calculating the
tributions earmarked for such account
B. Prior campaign debts and obliga-
limitations on contributions and expend-
and any expenditure from which must be
tions. Debts and obligations of any can-
itures under 18 U.S.C. 608, the Commis-
made exclusively for a candidate or can-
didate incurred with respect to the 1974
sion has set July 30, 1975, the day that
didates for federal office. Such segre-
Senatorial election, or with respect to
the Senate passed the Resolution de-
gated federal account may not receive
any subsequent recount activities, which
claring the New Hampshire Senate seat
transfers from another account estab-
remain outstanding will be subject to the
lished by a state committee or subordi-
vacant, as a cutoff date. Subject to the
guidelines set forth in the Commission's
nate committee of a state committee un-
next paragraph, all contributions re-
Policy Statement on Pre-1975 Campaign
less such state or subordinate committee
celved or expenditures made or incurred
Debts (40 FR 32952 (August 5, 1975))
account is itself a segregated federal
prior to July 31, 1975, will be considered and Interim Guideline on the Reporting
campaign account.
FORD
FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975
RULES AND REGULATIONS
40669
(2) File with the Commission reports
and no other candidate, shall file the
ule containing the information to be
and statements of receipts, contribu-
Statement of Organization required by
changed or corrected; and (3) be verified
wons and expenditures made for such
paragraph (a) of this section, and any
by oath or affirmation by the person re-
account.
amendment thereto, or termination
quired by law to submit such information
III. Candidate designations and re-
thereof, with the affiliated principal
at the time the change or correction is
norting-A. Candidate designations. (a)
campaign committee and, concurrently,
reported.
On or before September 8, 1975, each
shall file a copy of such Statement with
D. Discontinuance of registration. (a)
candidate shall file a Statement of Can-
the Commission together with a copy of
Any political committee not having out-
didacy with the Commission on which
its written authorization.
standing debts or obligations owed to or
such candidate shall-
B. Forms of filing. (a) The Statement
by it which, after having filed one or
(1) Designate a principal campaign
of Organization shall be filed on a form
more Statements of Organization with
committee, and
which may be obtained from the Fed-
the Commission, disbands or determines
(2) Designate at least one national
eral Election Commission, 1325 K
that it will no longer receive contribu-
or state bank as a campaign depository,
Street, NW., Washington, D.C. 20463,
tions or make expenditures during the
and
telephone (202) 382-5162. The State-
calendar year in an aggregate amount ex-
(b) Such candidate shall also file re-
ment shall include the following:
ceeding $1,000, shall so notify the Com-
ports of personal receipts and expendi-
(1) The name and address of the
mission.
tures in accordance with section V of
committee;
(b) Such Notice of Termination shall
this interim guideline unless a waiver of
(2) The names, addresses, and rela-
be filed with the Commission or the prin-
personal reporting is applied for and
tionships of affiliated or connected or-
cipal campaign committee, where appro-
granted by the Commission.
ganizations (see paragraph (b) of this
priate, and shall include a statement as
B. Waiver of candidate reporting. (a)
section);
to the disposition of residual funds if the
Upon written application to the Commis-
(3) The area, scope, or jurisdiction of
committee is disbanding.
sion, a candidate may be relieved of the
the committee.
E. Identification number. Upon receipt
duty personally to file reports of re-
(4) The name, address, and committee
of a Statement of Organization under
ceipts and expenditures if the candidate
position of the custodian of books and
this interim guideline, the Commission
certifies that he will comply with the
accounts.
shall assign an identification number to
following conditions:
(5) The name, address, and committee
the organization, acknowledge the re-
(1) Within five days after personally
position of other principal officers, in-
ceipt thereof, and notify political com-
receiving any contribution the candidate
cluding officers and members of the fi-
mittee of the number assigned. This iden-
will surrender possession of the entire
nance committee, if any.
tification number shall be entered by the
contribution to the treasurer of his prin-
(6) The name, address, office sought,
political committee on all subsequent re-
cipal campaign committee without ex-
and party affiliation of (i) each candi-
ports or statements filed with the Com-
pending any of the proceeds thereof.
date for federal office whom the com-
mission under the Act, as well as on all
(2) Such candidate will not make any
mittee is supporting and (ii) each can-
communications concerning such reports
personal expenditure for his campaign,
didate whom the committee is supporting
or statements.
except that this paragraph does not pre-
for nomination or election to any other
IV. Campaign depositories. Every polit-
clude a candidate from conveying per-
federal office or to any public office what-
ical committee shall inform the Federal
sonal funds, or the personal funds of his
ever; and, additionally, if the committee
Election Commission, or its appropriate
immediate family, to such candidate's
is supporting the entire ticket of any
principal campaign committee, of the na-
designated principal campaign commit-
party, the name of the party;
tional or state bank(s) designated by its
tee so long as the amount of funds so
(7) A statement whether the .commit-
authorizing candidate as its campaign
transferred does not exceed the limit
tee's existence will continue beyond the
depository by listing them in its
prescribed by 18 U.S.C. 608(a).
calendar year;
Statement of Organization.
(b) After the candidate has submitted
(8) The plans for the disposition of
V. Reports of receipts and expendi-
a verified statement that he will con-
residual funds which will be made in
tures-A. Timing of reports. The filing
form to the conditions specified above,
the event of dissolution;
deadline for campaign finance disclosure
the Commission, after such investigation
(9) A listing of all banks, safety de-
reports as prescribed by the Act for the
as it deems necessary, may grant a for-
posit boxes, or other repositories used;
heretofore mentioned special election are
mal waiver relieving the candidate from
(10) A statement listing any reports
as follows:
the obligation to comply personally with
regarding candidates for federal office
(a) Pre-election Report (10-day re-
the reporting requirements in 2 U.S.C.
filed under state or local law by the com-
port). Filing date: Actual delivery to the
434.
mittee with state or local officers, and
Commission on or by September 6, 1975
(c) Such waiver will continue in effect
the names, addresses, and positions of
or by registered or certified mail post-
only to the extent that the candidate
such officers and.
marked no later than September 4, 1975.
complies with the conditions under which
(11) If the committee is not a princi-
Reports mailed first class will be con-
it was applied for and granted.
pal campaign committee but has been au-
sidered filed only upon receipt by the
IV. Registration of political commit-
thorized by a candidate to receive contri-
Commission, regardless of date of post-
tecs-A. Registration. (a) Unless already
butions and/or make expenditures, a copy
mark. Period Covered: From the last
registered with the Commission or with
of the authorization shall be included in
date of previous report filed or from date
one of the previous supervisory officers,
the copy filed with the Commission.
of organization through close of business
each political committee which antici-
(b) (1) Affiliated organizations include
September 1, 1975.
pates receiving contributions or making
all authorized committees of the same
(b) Post-election report (30-day re-
expenditures with respect to the special
candidate;
port). Filing date: On or by October 16,
election during the remainder of calen-
(2) Connected organization includes
1975-reports filed by registered or cer-
dar year 1975 in an aggregate amount
any organization which is not a political
tiffed mail postmarked on or by such
exceeding $1,000 shall file a Statement
committee but which organized or sup-
date shall be deemed filed as of the filing
of Organization with the Federal Elec-
ports the registrant.
date. Period Covered: From September 2,
tion Commission on or before Septem-
C. Change or correction in information.
1975 through the close of business Octo-
ber 8, 1975, within 5 days after the date
Any change or correction in the informa-
ber 6, 1975.
of its organization. or within 5 days after
tion previously filed in the Statement of
(o) The timely filing of a post-election
the date on which the committee has
Organization shall be reported to the
report as outlined in (b) above shall sat-
information which causes it to antici-
Commission within 10 days following the
isfy the requirements for filing a quar-
pate receiving such contributions or
date of the change or correction, it shall
terly report on October 10, 1975.
making such expenditures exceeding
(1) be reported by letter to the Commis-
(d) If any contribution of $1,000 or
$1,000 whichever is later.
sion or to the principal campaign com-
more is received subsequent to the
(b) Authorized committees which sup-
mittee (whichever is appropriate) (2)
fifteenth day but more than 48 hours
port only a candidate for the Senate seat,
identify the form and the item or sched-
before 12:01 a.m. of the day on which the
is
FORD
FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975
40670
RULES AND REGULATIONS
election is to be conducted, such infor-
Commission. A copy of each statement
no event for a period of more than seven
mation shall be reported directly to the
or report shall be filed with the New
years from the last day of the calendar
Commission within 48 hours of receipt
Hampshire Secretary of State or the
year in which the election was held for
thereof. For purposes of this paragraph,
equivalent New Hampshire state officer.
which the reports and statements were
report means-
(b) Notwithstanding paragraph (a)-
prepared.
(1) A letter signed by the treasurer or
(1) Authorized committees which sup-
(b) Every candidate, political commit-
his designee hand delivered to the Com-
port only a candidate for the Senate, and
tee, or other person required to file any
mission within 48 hours of the receipt of
no other candidate shall file reports with
report or statement with the Commission
the contribution, or
the authorizing candidate's principal
or with a principal campaign committee
(2) A telegram to the Commission fol-
campaign committee. and shall concur-
under this interim guideline shall main-
lowed by a letter signed by the treasurer
rently file a copy of such report with the
tain records with respect to the matters
or his designee, sent registered or cer-
Commission;
required to be reported, including vouch-
tified mail and postmarked within 48
(2) Authorized multicandidate com-
ers, worksheets, receipts, bills and ac-
hours of the receipt of the contribution.
mittees shall file reports with the Com-
counts, which will provide in sufficient
B. Contents of reports. (a) Each report
mission, and, in addition, shall file with
detail the necessary information and
of receipts and expenditures required to
the authorizing candidate's principal
data from which the filed reports and
be filed under this interim guideline by
campaign committee the information re-
statements may be verified, explained or
either a candidate or political committee
quired by 2 U.S.C. 434(b) regarding con-
clarified, and checked for accuracy and
shall contain the information required
tributions received and expenditures
completeness, and shall keep such rec-
by 2 U.S.C. 434(b).
made on behalf of the authorizing can-
ords available for audit, inspection, or
(b) Such reports may be filed on the
didate;
examination by the Commission or its
Reports of Receipts and Expenditures
(3) A multicandidate committee
authorized representatives, for a period
forms issued previously by the Secretary
(whether authorized or unauthorized)
of not less than three years from the
of the Senate.
which receives contributions earmarked
date of termination of the committee, but
C. Uniform reporting of contributions.
by a contributor for any candidate or an
in no event for a period of more than
(a) Each contributor of an amount in
authorized committee thereof shall re-
seven years from the last day of the
excess of $100 shall be identified by full
port such contribution to that candi-
calendar year in which the election was
name and mailing address (occupation,
date's principal campaign committee in
held for which the records and state-
and principal place of business; if any).
addition to the Commission.
ments were prepared.
If a contributor's name or address is
B. Copies transmitted to Secretary of
C. Effect of acknowledgment and filing
known to have changed since an earlier
Senate. Upon receiving a statement or
by the Commission. Any acknowledgment
contribution during the calendar year,
report filed by (a) a candidate and/or by
by the Commission of the receipt of any
the exact name or address previously
(b) any political committee supporting
statement of organization or any report
used shall be noted.
one or more such candidates, the Com-
or statement filed under this interim
(b) In each case when a contribution
mission shall within one working day, if
guideline is intended solely to inform the
received from a person in a reporting
practicable, and in any event not later
person filing the same of the receipt
period is added to previously unitemized
than the second working day after re-
thereof by the Commission, and neither
contributions from the same contributor
ceiving the filed statement or report,
such acknowledgment nor the accept-
and the aggregate exceeds $100 within
furnish a microfilm (or suitable equiva-
ance and filing of any such report or
the calendar year, the full name and
lent) copy thereof, together with an
statement by the Commission shall con-
mailing address (occupation, and prin-
index, to the Secretary of the Senate.
stitute express or implied approval there-
cipal place of business, if any) of that
C. Originals transmitted to the Secre-
of, or in any manner indicate that the
contributor shall then be listed on the
tary of the Senate. (a) After receiving a
contents of any such report or state-
prescribed reporting forms.
filed statement or report within 5 work-
ment fulfills the filing or other require-
(c) In determining the aggregate of a
ing days if practicable and in any event
ments of the Act or of this interim
person's contributions, all such contribu-
no later than 10 days after receiving it,
guideline thereunder.
tions from the same donor shall be listed
the Commission shall transmit the origi-
D. Personal responsibility of person
under the same name.
nal statement report filed by (1) a can-
signing statement. (a) Each treasurer of
(d) Absent evidence to the contrary,
didate for the New Hampshire Senate
a political committee, each candidate,
any contribution made by check, money
seat, and by (2) any political committee
and any other person required to file any
order, or other written instrument shall
supporting such candidate, to the Secre-
report or statement with the Commission
be reported as a contribution by the last
tary of the Senate as custodian for the
under these regulations and under this
person signing the instrument prior to
Commission.
interim guideline shall be personally re-
delivery to the candidate or committee.
(b) For purposes of the above para-
sponsible for the timely and complete
D. Uniform reporting of expenditures.
graph the phrase "any political commit-
filing of such report or statement and for
(a) Each expenditure by or on behalf of
tee supporting such candidate" means:
the accuracy of any information or state-
a candidate or committee in excess of
(1) The principal campaign committee
ment contained therein.
$100 shall be itemized by and shall in-
designated by a candidate, and
(b) The treasurer of each candidate's
clude the full name and residence or, in
(2) Any political committee required
principal campaign committee shall be
the case of a recipient other than an
to file a statement or report with the
responsible for collecting, compiling and
individual, other mailing address of the
principal campaign committee of a
filing with the Commission a complete
recipient.
candidate.
report of all authorized contributions
(b) In each case when an expenditure
VII. Formal requirements-A. Au-
received or. authorized expenditures
made to a recipient in a reporting period
thentication. Each report or statement
made on behalf of such candidate. The
is added to previously unitemized ex-
required to be filed with the Commission
pre- and post-election reports filed by
penditures to the same recipient and the
or with a principal campaign committee
such treasurer shall include-
aggregate exceeds $100 within the calen-
under this interim guideline by a treas-
(1) With respect to the principal cam-
dar year, the full name and residence or,
urer of a political committee, a candi-
paign committee, all of the information
in the case of a recipient other than an
date, or by any other person, shall be
required by 2 U.S.C. 434(b).
individual, other mailing address of that
signed by the person filing such report
(2) With respect to contributions re-
recipient shall be listed on the prescribed
or statement.
ceived and expenditures made by author-
reporting forms.
B. Preservation of records. (a) Every
ized committees other than the principal
VI. Document filing-A. Place of filing.
person filing a report or statement with
campaign committee, a summary sheet
(a) All statements and reports, including
setting forth the totals for all contribu-
the Commission or with a principal cam-
any modifications or amendments there-
paign committee under this interim
tions received and expenditures made by
to, required to be filed under 2 U.S.C.
guideline shall preserve a copy thereof
such committees but need not include a
433 and 2 U.S.C. 434, shall be filed in
for a period of three years from the date
copy of such authorized committee re-
original form with the Federal Election
of termination of the Committee, but in
ports so long as each such authorized
FORD
FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY. SEPTEMBER 3, 1975
RULES AND REGULATIONS
40671
committee has mailed a copy of such
igible for public financing of their con-
V. Use of funds by committees. Under
report to the Commission pursuant to
ventions, the national committees of the
26 U.S.C. 9008(c), funds so dis-
paragraph VI(A) (b) of this interim
major parties shall submit or otherwise
bursed shall be used only (1) to defray
guideline.
make available the following information
expenses incurred with respect to a pres-
(c) With respect to the pre-election
to the Federal Election Commission in
idential nominating convention (includ-
report it shall be the responsibility of
order that the Commission may forward
ing the payment of deposits) by or on
the treasurer of each committee other
the appropriate certification to the Sec-
behalf of the national committee receiv-
than principal campaign committee
retary of the Treasury.
ing such payments; or (2) to repay
which is authorized to receive contribu-
A. For initial payment. 1. Signature
loans, the proceeds of which were used
tions or make expenditures to file a re-
cards containing signatures of officials
to defray such expenses, or otherwise to
port containing the information required
who have been authorized to sign re-
restore funds (other than contributions
by 2 U.S.C. 434(b) complete as of the
quests for payment (Exhibit
to defray such expenses received by such
fifteenth day before the election with
2. The name and address of the com-
committee) used to defray such ex-
the treasurer of the appropriate prin-
mercial bank to be used as the commit-
penses. Any investment of public funds
cipal campaign committee by the 12th
tee's depository;
or their use in any other way which gen-
day prior to the election.
3. A request for an initial payment,
erates income is permissible only if the
(d) Any willfully false or fraudulent
supported by a statement projecting and
income so generated is used for the pur-
statements or representations in such a
describing estimated expenditures
poses described in this part V, and such
report or statement will subject the per-
through the close of December 31, 1975.
income will be applied against the $2
son making the same to the criminal
Specific dollar figures need not be as-
million ceiling.
penalties provided under 18 U.S.C. 1001.
signed to the various itemized expendi-
VI. Repayments for funds improperly
ture categories.
received or spent. Repayments in an ap-
Dated: August 21, 1975.
B. For subsequent payments. 1. Subse-
propriate amount will be required from
THOMAS B. CURTIS,
quent requests for disbursements after
the national committees whenever they
Chairman for the
the initial disbursement shall be sub-
have (1) received payments in excess of
Federal Election Commission.
mitted quarterly commencing with Jan-
their entitlement, (2) incurred ex-
uary 1 in the year in which the conven-
penses in excess of their spending limits,
[FR Doc.76-22659 Filed 9-2-75;8:45 am]
tion will be held. Such requests should
(3) improperly accepted private contri-
be submitted to the Commission within
butions to defray convention expenses,
[Notice 1975-36]
10 days after the commencement of the
or (4) expended public funds in any
quarter to which they relate.
manner other than to defray expenses
DISBURSEMENT PROCEDURES FOR
2. The request is to include (a) a re-
incurred with respect to a presidential
PUBLIC NANCING OF CONVENTIONS
port in a form consistent with the re-
nominating convention. Repayments
Interim Guideline
quirements of 2 U.S.C. 434(b) of actual
may not exceed the aggregate amounts
I. Certification of entitlement to public
expenditures made during the previous
actually received by a national com-
funds for nominating convention ex-
period or quarter, and (b) the total
mittee under section 9008.
penses. Title 26 U.S.C. 9008 authorizes
amount of expenditures estimated
A. Notification of need for repayment.
the Federal Election Commission to cer-
through the close of the next quarter and
If the Commission determines that re-
tify to the Secretary of the Treasury for
the categories in which the proposed ex-
payment is required in the circum-
payments of the amounts to which the
penditures are to be made. No specific
stances stated above, it shall give writ-
national committee of any major or
dollar figure need be assigned to the vari-
ten notification to the affected national
minor party is entitled under 26 U.S.C.
ous itemized expenditure categories thus
committee of the amounts required to be
9008 with respect to a presidential nomi-
projected and described.
paid and the reasons therefor.
nating convention, but the entitlement
III. Special approval for accelerated
B. Collection of repayment by deduc-
of each major party may not exceed the
payment schedule. Each quarterly dis-
tion from future payments. The Com-
aggregate amount of $2,000,000.1 The
bursement will be based upon the legally
mission may obtain such repayment by
amount of each party's entitlement is ad-
permissible expenses projected for that
deducting such amount from the
justed annually based on increases in
quarter. The Commission will approve
amount otherwise due the national com-
the Consumer Price Index. See 26 U.S.C.
more than one disbursement per quar-
mittee for its next quarterly payment.
9008(b) (5) and 18 U.S.C. 608(d).
ter where a showing is made that a defi-
VII. Post-convention Disbursements.
II. Information required to receive
cit is likely to be incurred unless a fur-
Pending the conclusion of any national
ther disbursement is made. Any request
convention, the Commission may in its
certifications for public funds. To be el-
for such further disbursement should be
discretion withhold an amount to be
supported by a summary of actual ex-
hereafter determined, but in any event
1 Under 26 U.S.C. 9008(b) the National
penses previously incurred for the quar-
not to exceed $200,000, which would
committees of both major and minor parties
ter together with the projected expenses
otherwise bring the aggregate funds dis-
are entitled to payments from public funds
which will occasion the deficit if a fur-
bursed to the total allowed by law. Such
to defray expenses which they have incurred
ther disbursement is not forthcoming.
withheld funds, if any, shall be subject
with respect to a presidential nominating
convention. For a minor party to be entitled
IV. Transmittal of certification to Sec-
to post-convention disbursement and
to its proportionate share of public funds for
retary of the Treasury. Following Com-
such disbursement shall be made in the
1975 or 1976 convention expenses, its 1972
mission approval of any request for dis-
manner provided for in Part II-B above,
presidential candidate must have received
bursement, the Commission shall forth-
except that such request shall include a
(as the presidential candidate of that party)
with transmit a certification for payment
list of all accounts payable and the pur-
at least 5 percent of the total popular vote
to the Secretary of the Treasury, who
pose for which the expense was incurred.
received by all presidential candidates in
shall make payment in the amount cer-
Post convention payments shall be sub-
1972. Accordingly, since no minor party
presidential candidate received that many
tifled to the national committee des-
ject to audit by the Commission and de-
votes in 1972, there is no minor party that
ignated by the certification, but not to
duction of unauthorized expenditures in
can qualify for convention funds in 1975 or
exceed the amounts in each account
addition to other requirements imposed
1970.
maintained under 26 U.S.C. 9008(a).
by law.
FORD
FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975
40672
RULES AND REGULATIONS
EXHIBIT I
Standard Form
Account Number
AUTHORIZED SIGNATURE CARD
Funds
FOR PAYMENT
Issued In Favor of (Recipient)
Issued by (Federal Agency)
SIGNATURES OF AUTHORIZED INDIVIDUALS
Only one Signature Required
or
Any Two Signatures Required Sign or
Countersign
Typed Name and Signature
Typod Name and Signature
Typed Name and Signature
Typed Name and Signature
I CERTIFY THAT THE SIGNATURES ABOVE ARE OF
APPROVED:
THE AUTHORIZED INDIVIDUALS
Date and Signature of Authorizing
Date and Signature of Agency
Official (Reelplent)
Certifying Officer
VIII. Commission's audit authority.
Dated: August 25, 1975.
National committees affected by the
NEIL STAEBLER,
foregoing should note the Commission's
Vice-Chairman for the
general authority and duties under 2
Federal Election Commission.
U.S.C. 437d and 438.
[FR Doc.75-22940 Filed 9-2-75;8:45 am]
FEDERAL REGISTER, VOL. 40, NO. 171-WEDNESDAY, SEPTEMBER 3, 1975
FRIDAY, AUGUST 22, 1975
ARCHIVES OF THE
NATIONAL THE SHIPS UNITED
*
1934
&
PART V:
PRIVACY ACT
OF 1974
VARIOUS AGENCIES
Proposed Rules and Notices of
Systems of Records
FORD LIBRARY 452
36872
PROPOSED RULES
FEDERAL ELECTION COMMISSION
what information is maintained by the
termine which record system contains
Federal Election Commission about
those records. may request assistance by
11 CFR Part 1
identifiable individuals and to inform
mail or in person from the Staff Direc-
Notice 1975-25]
those individuals how they may gain ac-
tor. Federal Election Commission, 1325
IMPLEMENTATION OF PRIVACY ACT
cess to and correct or amend informa-
K Street, NW, Washington, D.C. 20463
tion about themselves.
during the hours of 9 a.m. to 5:30 p.m.
Proposed Rule
(b) The regulations in this part carry
§ 1.4 Times, places, and requirements
The Federal Election Commission to-
out the requirements of the Privacy Act
for identification of individuals mak-
day publishes its proposed rules regard-
of 1974 (Pub. L. 93-579) and in partic-
ing requests.
ing Implementation of the Privacy Act of
ular 5 U.S.C. 552a as added by that Act.
1974. The Commission also publishes to-
(c) The regulations in this part apply
(a) After being informed by the Com-
day a statement of its systems of records,
only to records disclosed or requested
mission that a record system contains a
as required by the Privacy Act of 1974.
under the Privacy Act of 1974, and not
record pertaining to him or her, an in-
The information contained in these pub-
to requests for information made pur-
dividual may request the Commission to
lications today is designed to aid individ-
suant to 5 U.S.C. 552. the Freedom of
disclose that record in the manner de-
ual citizens in understanding what sys-
Information Act. or requests for reports
scribed in this section. Each request for
and statements filed with the Federal
the disclosure of a record or a copy of
tems of records are maintained by the
Election Commission which are public
it shall be made at the Federal Election
Federal Election Commission, where such
records and available for inspection and
Commission, 1325 K Street, NW, Wash-
records are located, and the manner in
copying pursuant to Title 2 U.S.C. 438
ington, D.C. 20463 and to the system
which individual access to pertinent rec-
ords may be expeditiously facilitated. For
(a) (4).
manager identified in the motice (pub-
lished hereunder today) describing that
previous Commission announcements
§ 1.2 Definitions.
system of records, either in writing or in
bearing on public access to Commission
documents see 40 FR 28580, July 7, 1975.
As defined in the Privacy Act of 1974
person. Requests may be made by agents,
and for the purposes of this part, unless
parents, or guardians of individuals as
The Privacy Act of 1974 (Pub. L. 93-
579) amended Title 5 U.S.C. 552 (Free-
otherwise required by the context, the
described in § 1.10 (a) and (b).
dom of Information Act) by adding sec-
following terms shall have these mean-
(b) Each individual requesting the
tion 552a. Title 5 U.S.C. 552a(f) provides
ings:
disclosure of a record or copy of a record
"Individual" means a citizen of the
shall furnish the following information
that each agency covered by the Act shall
United States or an alien lawfully ad-
with his or her request:
promulgate rules to inform the public
about information maintained by the
mitted for permanent residence.
(1) The name of the record system
agency about identifiable individuals and
"Maintain" includes maintain, collect,
containing the record;
to inform those individuals how they may
use or disseminate.
(2) Proof as described in paragraph
gain access to and correct or amend in-
"Record" means any item, collection,
(c) of this section that he or she is the
formation about themselves.
0" grouping of information about an in-
individual to whom the requested record
The public is invited to comment or in-
dividual that is maintained by an agency,
re'ates;
quire about these proposed rules. Com-
including but not limited to his or her
(3) Any other information required by
ments or inquiries should be addressed
education financial transactions, medical
the notice describing the record system.
history, and criminal or employment his-
(c) Proof of identity as required by
to: General Counsel, Federal Election
Commission, 1325 K Street, NW., Wash-
tory and that contains his or her name,
paragraph (b) (2) of this section shall
or the identifying number, symbol or
be provided as described in paragraph
ington, D.C. 20463. All material received
other identifying particular assigned to
(c) (1) and (2) of this section. Requests
before September 10, 1975 will be con-
the individual, such as a finger or voice
made by an agent, parent, or guardian
sidered. All comments in response to this
print or a photograph.
shall include the authorization described
proposal will be available for public in-
"System of Records" means a group of
in § 1.10 (a) and (b)
spection during normal business hours at
any records under the control of the
(1) Requests made in writing shall in-
Federal Election Commission from which
clude a statement, signed bythe individ-
the foregoing address.
information is retrieved by the name of
ual and properly notarized, that he or
PART 1-IMPLEMENTATION OF
the individual or by some identifying
she appeared before a notary public and
PRIVACY ACT
number, symbol, or other identifying
submitted proof of identification in the
Sec.
particular assigned to the individual.
form of a drivers license, birth certifi-
1.1
Purpose and scope.
The Commission's Systems of Records
cate, passport, or other identification ac-
1.2
Definitions.
are published hereunder today.
ceptable to the notary public. In any case
1.3
Procedures for requests pertaining to
"Routine use" means the use of such
in which, because of the extreme sensi-
individual records in a record system.
record for a purpose compatible with the
tivity of the record sought to be seen
1.4
Times, places, and requirements for
purpose for which the information was
or copied, the Commission determines
identification of individuals making
collected.
requests.
that the identification is not adequate,
1.5 Disclosure of requested information to
"Commission" means employees of the'
it may request the individual to submit
individuals.
Federal Election Commission.
additional proof of identification.
1.6 Special procedure: medical records
"Commissioners" means the six ap-
(2) If the request is made in person,
vacant. [Reserved]
pointees confirmed by Congress who are
the requester shall submit proof of iden-
1.7 Request for correction or amendment
voting members of the Commission.
tification similar to that described in
to record.
1.8
§ 1.3 Procedures for requests pertain-
paragraph (c) (1) of this section, ac-
Agency review of request for correction
or amendment of record.
ing to individual records in a record
ceptable to the Commission.
1.9 Appeal of initial adverse agency de-
system.
§ 1.5 Disclosure of requested informa-
termination on amendment or cor-
(a) Any individual may request the
tion to individuals.
rection.
1.10 Disclosure of record to person other
Commission to inform him or her
(a) Upon submission of proof of iden-
than the individual to whom it per-
whether a particular record system
tification as required by § 1.4, the Com-
tains.
named by the individual contains a rec-
1.11 Fees.
ord pertaining to him or her. The re-
mission shall, as soon as possible, allow
1.12 Penalties.
quest may be made in person or in writ-
the individual to see and/or obtain a copy
1.13 General exemptions. [Reserved]
1.14 Specific exemptions.
ing at the location and to the person
of the requested record or shall send a
specified in the notice describing that
copy of the record to the individual by
AUTHORITY: 5 U.S.C. 552a.
record system.
registered mail. If the Individual requests
§ 1.1 Purpose and scope.
(b) An individual who believes that the
to see the record, the Commission may
(a) The purpose of this part is to set
Commission maintains records pertain-
make the record available either at the
forth rules informing the public as to
ing to him or her but who cannot de-
location where the record is maintained U
FEDERAL REGISTER, VOL. 40, NO. 164-FRIDAY, AUGUST 22, 1975
GERALD
PROPOSED RULES
36873
or at a place more suitable to the re-
denied in whole or in part, may appeal
or similar documents, and proof of the
quester, if possible.
that decision to the Commissioners no
individual's identity in a form that com-
(b) The Commission must furnish
later than thirty (30) days after the ad-
plies with 1.4(c)
each record requested by an individual
verse decision is rendered.
(c) An individual to whom a record is
under this part in a form intelligible to
(b) The appeal shall be in writing and
to be disclosed in person, pursuant to
that individual.
shall contain the following information.
this part may have a person of his or
§ 1.6 Special procedure: medical rec-
(1) The name of the individual making
her own choosing accompany him or her
ords. Reserved]
the appeal;
when the record is disclosed.
(2) Identification of the record sought
§ 1.7 Request for correction or amend-
§ 1.11 Fees.
to be amended;
ment to record.
(3) The record system in which that
(a) The Commission shall not charge
(a) Any individual who has reviewed
record is contained:
an individual for the costs of making
a record pertaining to him or her that
(4) A short statement describing the
a search for a record or the costs of
was furnished under this part, may re-
amendment sought; and
reviewing the record. When the Commis-
quest the Commission to correct or
(5) The name and location of the
sion makes a copy of a record as a neces-
amend all or any part of that record.
agency official who initially denied the
sary part of the process of disclosing the
(b) Each individual requesting a cor-
correction or amendment.
record to an individual, the Commission
rection or amendment shall send the re-
(c) Not later than thirty (30) days
shall not charge the individual for the
quest to the Commission through the per-
(excluding Saturdays, Sundays and legal
cost of making that copy.
son who furnished the record.
holidays) after the date on which the
(b) If an individual requests the Com-
(c) Each request for a correction or
Commission receives the appeal, the
mission to furnish a copy of the record,
amendment of a record shall contain the
Commissioners shall complete their re-
the Commission shall charge the indi-
following information:
view of the appeal and make a final de-
vidual for the costs of making the copy.
(1) The name of the individual re-
cision thereon. However, for good cause
The fee that the Commission has estab-
questing the correction or amendment;
shown. the Commissioners may extend
lished for making a copy is ten cents
(2) The name of the system of records
that thirty (30) day period. If the Com-
($.10) per page.
in which the record sought to be amended
missioners extend the period, the in-
§ 1.12 Penalties.
is maintained;
dividual requesting the review shall be
(3) The location of the system of rec-
promptly notified of the extension and
Any person who makes a false tate-
ords from which the individual record
the anticipated date of a decision.
ment in connection with any request for
was obtained;
(d) After review of an appeal, the
a record, or an amendment or correction
(4) A copy of the record sought to be
Commission shall send a written notice
thereto, under this part, is subject to
amended. or corrected or a sufficiently
to the requester containing the follow-
the penalties prescribed in 18 U.S.C. 494
detailed description of that record;
ing information:
and 495.
(5) A statement of the material in the
(1) The decision and, if the denial is
§ 1.13 General exemptions. [Reserved]
record that the individual desires to cor-
upheld, the reasons for the decision;
(2) The right of the requester to insti-
§ 1.14 Specific exemptions.
rect or amend;
(6) A statement of the specific word-
tute a civil action in a Federal District
(a) No individual, under the provi-
ing of the correction or amendment
Court for judicial review of the decision;
sions of these regulations, shall be en-
sought;
and
titled to access to investigatory material
(7) A statement of the basis for the
(3) The right of the requester to file
compiled pursuant to authority granted
requested correction or amendment in-
with the Commission a concise state-
under 2 U.S.C. 347g(a) (2) for use by the
cluding any material that the individual
ment setting forth the reasons for his or
Commission in carrying out its law en-
can furnish to substantiate the reasons
her disagreement with the Commission
forcement responsibilities under 2 U.S.C.
for the correction or amendment sought.
denial of the correction or amendment.
437d (6) and (11) and 2 U.S.C. 437g
The Commission shall make this state-
(a) (5), (6), and (7), 2 U.S.C. 437g(b)
§ 1.8 Agency review of request for cor-
ment available to any person to whom
and 2 U.S.C. 438(a) (9)
rection or amendment of record.
the record is later disclosed, together
(b) The provisions of paragraph (a)
(a) The Commission shall, not later
with a brief statement, if appropriate, of
of this section shall not apply to the
than ten (10) days (excluding Satur-
the Commission's reasons for denying the
extent that application of the subsection
days, Sundays and legal holidays) after
requested correction or amendment.
would deny any individual any right,
the receipt of the request for a correction
§ 1.10 Disclosure of record to person
privilege or benefit that he or she would
or amendment of a record under § 1.7,
other than the individual to whom it
otherwise be entitled to receive:
acknowledge receipt of the request and
pertains.
(1) Under federal law unless the dis-
inform the individual whether informa-
closure of such material would reveal
tion is required before the correction or
(a) Any individual who desires to have
the identity of a source who furnished
amendment can be considered.
a record covered by this part disclosed
information to the Commission under an
(b) If no additional information is re-
to or mailed to another person may des-
express promise that the identity of the
quired, within ten (10) days from receipt
ignate such person and authorize such
source would be held in confidence; or
of the request, the Commission shall
person to act as his or her agent for
(2) In the course of a formal hearing
either make the requested correction or
that specific purpose. The authorization
pursuant to 2 U.S.C. (4) or in
amendment or notify the individual of
shall be in writing, signed by the indi-
a civil action instituted by the Commis-
its refusal to do so, including in the noti-
vidual and notarized. The agent shall
sion under 2 U.S.C. 437g (a) (5)
fication the reasons for the refusal, and
submit, with the authorization, proof of
the appeal procedures provided in § 1.9
the individual's identity as required by
REASON FOR EXEMPTION
of this part.
§ 1.4(c).
In accordance with the provisions of
(c) The Commission shall make each
(b) The parent of any minor individ-
section 3 of the Privacy Act of 1974 un-
requested correction or amendment to a
ual or the legal guardian of any indi-
der 2 U.S.C. 552a(K), the Commission
record if that correction or amendment
vidual who has been declared by a court
states the following reasons for exempt-
will tend to negate inaccurate, irrelevant,
of competent jurisdiction to be incom-
ing the investigatory material compiled
untimely, or incomplete matter in the
petent, due to physical or mental inca-
for law enforcement purposes:
record
pacity or age, may act on behalf of that
(1) The information gathered by the
individual in any matter covered by this
investigative staff of the Commission
§ 1.9 Appeal of initial adverse agency
part. A parent or guardian who desires
determination on amendment or cor-
may form the basis for either civil and/
to act on behalf of such an individual
rection.
or criminal proceedings.
shall present suitable evidence of par-
(2) The work of the investigative staff
(a) Any individual whose request for
entage or guardianship, by birth cer-
will be in cooperation with the Office
a correction or amendment has been
tificate, certified copy of a court order,
of General Counsel in the preparation
FEDERAL REGISTER, VOL. 40, NO. 164-FRIDAY, AUGUST 22, 1975
36874
PROPOSED RULES
of the case "for either a hearing within
mation and to protect the credibility of the
vestigation of possible violations or give
the agency or litigation in appropriate
Commission
an opportunity to one under investiga-
courts. The reports compiled may rep-
(3) It may be necessary to seck infor-
tion to frustrate the Commission in the
resent the "work product" of the attor-
mation from persons who desire not to be
vigorous enforcement of the Federal
ney when such information has been
named and the names of these sources
Election Campaign Act of 1971, as
gathered at his or her direction and thus
must be kept confidential in order to
amended.
may not be subject to access by a party.
gather information and to protect the
Dated: August 11, 1975.
even if litigation has been instituted.
credibility of the Commission for such
NEIL STAEBLER,
(3) It may be necessary to seck informa-
purpose.
(4) The enforcement process requires
Vice Chairman,
tion fro mpersons who desire not to be named
and the names of these sources must be
that no information be released which
Federal Election Commission.
kept confidential in order to gather infor-
may in any way hamper a thorough in-
[FR Doc.75-21545 Filed 8-21-75;8:45 am]
FOND
FEDERAL REGISTER, VOL. 40, NO. 164-FRIDAY, AUGUST 22, 1975
GERALD
FEDERAL ELECTION COMMISSION
36875
FEDERAL ELECTION COMMISSION
(NOTICE 1975-26)
Systems of Records
Notice is hereby given. pursuant to P.L. 93-579 (Privacy Act of 1974) that the Federal Election Commission has
compiled its systems of records published herein. These systems identify the location of data which is available for in-
spection by an individual about records maintained on him or her. Any individual who believes that this agency maintains
a record about him or her may request to inspect such record, if available, and to correct or amend it if necessary. Such
request should be addressed to the system manager listed for the appropriate system.
Inquiries about these systems of records may be addressed to the General Counsel. Federal Election Commission,
1325 K Street, NW., Washington, D.C. 20463, 202 382-5162.
Date: August 13, 1975
NEIL STAEBLER,
Vice Chariman,
Federal Election Commission.
FEC 1
Systems exempted from certain provisions of the act: The following
System name: FEC advisory opinion requests and public comment.
system is exempt pursuant to the provisions of 5 U.S.C. Section
Security classification:
552 a (K) (2) and accordingly implemented by proposed regulations
issued this day under 11 CFR 001.14
System location: 1325 K Street, NW., Washington, D.C. 20463.
Categories of individuals covered by the system: Persons
FEC 3
requesting advisory opinions from the FEC and persons comment-
System name: FEC compliance actions.
ing on such opinion requests.
Security classification:
Categories of records in the system: Letters requesting advisory
System location: 1325 K Street, NW., Washington, D.C. 20463.
opinions and letters commenting on such requests.
Authority for maintenance of the system: 2 U.S.C. Section 437 d
Categories of individuals covered by the system: Persons who have
(a)(7) and Section 437 f.
filed complaints and persons complained about (respondent).
Routine uses of records maintained in the system, including catego-
Categories of records in the system: Complaints, referrals and
ries of users and the purposes of such uses: Commissioners and staff
responses.
will use this system to draft advisory opinions.
Authority for maintenance of the system: 2 U.S.C. Section 437 8
Policies and practices for storing, retrieving, accessing, retaining,
(a)(I)(A), (B), Section 437 g (a), (2), (3), Section 437 g (b), Section
and disposing of records in the sytem:
438 (a)(9).
Storage: Paper records.
Routine uses of records maintained in the system, including catego-
Retrievability: Indexed by name, date and advisory opinion
ries of users and the purposes of such uses: Compliance actions will
request (AOR) number.
be assigned by the General Counsel and Director of the auditing
and investigations division to an attorney and an investigator for an
Safeguards: Locked filing cabinets.
investigation into the subject matter of the compliance action. Ap-
Retention and disposal: Indefinite.
parent violations may be referred to law enforcement authorities.
System manager(s) and address: The General Counsel, FEC, 1325
Policies and practices for storing, retrieving, accessing, retaining,
K Street, NW., Washington, D.C. 20463 (202) 382-5162.
and disposing of records in the sytem:
Notification procedure: Inquiries should be addressed to the
Storage: Paper records.
system manager and should include name, address and AOR
number.
Retrievability: This system is indexed by compliance action
number and respondent's name.
Record access procedures: System manager.
Safeguards: This system is kept in locked filing cabinets and be-
Contesting record procedures: System manager
hind locked interior office doors.
Record source categories: Advisory opinion requests and public
Retention and disposal: Indefinite.
comments.
Systems exempted from certain provisions of the act: The following
FEC 2
system is exempt pursuant to the provisions of 5 U.S.C. Section
System name: FEC audits and investigations.
552 a (K) (2) and accordingly implemented by proposed regulations
Security classification:
issued this day under 11 CFR 001.14.
System location: 1325 K Street, NW., Washington, D.C. 20463.
FEC 4
Categories of individuals covered by the system: Political commit-
System name: FEC correspondence.
tees, candidates and contributors subject to the Federal Election
Security classification:
Campaign Act.
Categories of records in the systems: Audit and investigative files.
System location: 1325 K Street, NW., Washington, D.C. 20463.
Authority for maintenance of the system: 2 U.S.C. Section 437 d
Categories of individuals covered by the system: Persons who have
(a) 11, Section 437 g (a)(2), Section 437 g (b), and Section 438
written to the FEC.
(a)(9)..
Categories of records in the system: Letters and responses.
Routine uses of records maintained in the system, including catego-
Authority for maintenance of the system: 2 U.S.C. Section 437 d.
ries of users and the purposes of such uses: The General Counsel,
Routine uses of records maintained in the system, including catego-
Director of Investigations, Staff Director and Commissioners will
ries of users and the purposes of such uses: Commission staff will
use audit and investigation files for hearings, complaints, advisory
use correspondence files to respond to inquiries from the public.
opinions and regulations. Apparent violations may be referred to
law enforcement authorities.
Policies and practices for storing, retrieving, accessing, retaining,
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the sytem:
and disposing of records in the sytem:
Storage: Paper records.
Storage: Paper records.
Retrievability: This system is indexed by name and date.
Retrievability: Indexed by name and identification number.
Safeguards: This system is kept in locked filing cabinets.
Safeguards: Locked safes in limited access locations. Access is
Retention and disposal: Indefinite.
limited to FEC staff on a restricted basis and to appropriate law en-
System manager(s) and address: Assistant Staff Director for Ad-
forcement agencies as directed by the Commission.
ministration, FEC 1325 K Street, NW., Washington, D.C. 20463;
Retention and disposal: Indefinite
(202) 382-5162.
FORD
GERALD
FEDERAL REGISTER, VOL. 40, NO. 164-FRIDAY, AUGUST 22, 1975
LIBRARY
36876
FEDERAL ELECTION COMMISSION
Notification procedure: Inquiries should be addressed to the
FEC 7
system manager and should include name of person or committee
System name: FEC registration of political committees and designa-
and address.
tions by candidates.
Record access procedures: Sustem manager.
Security classification:
Contesting record procedures: System manager.
System location: 1325 K Street, NW., Washington, D.C. 20463.
Record source categories: Correspondence to the FEC AND Com-
Categories of individuals covered by the system: Political commit-
mission responses to such correspondence.
tees.
FEC 5
Categories of records in the system: Registration statements filed
System name: FEC meetings and telephone communications.
with the FEC.
Security classification:
Authority for maintenance of the system: 2 U.S.C. Section 432,
Section 433 and Section 437 b.
System location: 1325 K Street, NW., Washington, D.C. 20463.
Routine uses of records maintained in the system, including catego-
Categories of individuals covered by the system: Outside persons
ries of users and the purposes of such uses: This system may be used
who have talked by telephone or met with Commissioners or the
by any person for information purposes. However, any information
Commission staff concerning a substantial interest matter.
copied from such reports shall not be sold or utilized by any person
Categories of records in the system: Summaries of meetings and
for the purpose of soliciting contributions or for any commercial
telephone logs.
purpose.
Authority for maintenance of the system: 2 U.S.C. Section 437 d
Policies and practices for storing, retrieving, accessing, retaining,
(a)(9).
and disposing of records in the sytem:
Routine uses of records maintained in the system, including catego-
Storage: Paper records and/or microfilm.
ries of users and the purposes of such uses: This system may be used
Retrievability: Indexed by candidate's name, by state, by com-
by any person for information purposes.
mittee name, by congressional district, by office sought, by can-
Policies and practices for storing, retrieving, accessing, retaining,
didate supported and by committee supporting a candidate.
and disposing of records in the sytem:
Safeguards: Locked filing cabinets.
Storage: Paper records.
Retention and disposal: Reports are preserved for a ten year
Retrievability: Indexed by date.
period except that reports relating solely to candidates for the
Safeguards: Locked filing cabinets.
House of Representatives are preserved for five years from the
date of receipt.
Retention and disposal: Indefinite.
System manager(s) and address: Director of Public Records, FEC,
System manager(s) and address: Assistant Staff Director for Ad-
1325 K Street, NW., Washington, D.C. 20463; (202) 382-5162.
ministration, FEC 1325 K Street, NW., Washington, D.C. 20463;
(202) 382-5162.
Notification procedure: Inquiries should be addressed to the
system manager and should include name of candidate or commit-
Notification procedure: Inquiries should be addressed to the
tee, identification number and address.
system manager and should include name of outside person or com-
mittee, address and date.
Record access procedures: System manager.
Record access procedures: System manager
Contesting record procedures: System manager.
Contesting record procedures: System manager
Record source categories: Registrations and designations filed with
the FEC.
Record source categories: Looseleaf meeting summaries and
telephone logs from Commissioners and staff are consolidated
FEC.8
monthly.
System name: FEC reports of contributions and expenditures.
FEC 6
Security classification:
System name: FEC personnel.
System location: 1325 K Street, NW., Washington, D.C. 20463.
Security classification:
Categories of individuals covered by the system: Political commit-
System location: 1325 K Street, NW., Washington, D.C. 20463.
tees, candidates and contributors whose reports of contributions
and expenditures are filed with the FEC.
Categories of individuals covered by the system: Persons who have
Categories of records in the system: Reporting forms filed with the
applied for employment and persons employed at the FEC.
FEC.
Categories of records in the system: Resumes, applications and
Authority for maintenance of the system: 2 U.S.C. Section 434,
employment forms.
Section 437 and Section 437a.
Authority for maintenance of the system: 2 U.S.C. Section 437c
Routine uses of records maintained in the system, including catego-
(f)(1).
ries of users and the purposes of such uses: This system may be used
Routine uses of records maintained in the system, including catego-
by any person for information purposes. However, any information
ries of users and the purposes of such uses: The Staff Director and
copied from such reports shall not be sold or utilized by any person
his or her designates will use the personnel system to hire em-
for the purpose of soliciting contributions or for any commercial
ployees of the Commission, and other appropriate personnel mat-
purpose.
ters such as pay increases, vacation, sick leave and separation from
Policies and practices for storing, retrieving, accessing, retaining,
the Commission.
and disposing of records in the sytem:
Policies and practices for storing, retrieving, accessing, retaining,
Storage: Paper records and/or microfilm.
and disposing of records in the sytem:
Retrievability: Indexed by candidate's name, by state, by com-
Storage: Paper records.
mittee name, by congressional district, by office sought, by can-
Retrievability: Indexed by name and job category.
didate supported and by committee supporting a candidate.
Safeguards: Locked filing cabinets.
Safeguards: Locked filing cabinets.
Retention and disposal: Indefinite.
Retention and disposal: Reports are preserved for a ten year.
System manager(s) and address: Assistant Staff Director for Ad-
period except that reports relating solely to candidates for the
House of Representatives are preserved for five years from the
ministration, FEC, 1325 K Street, NW., Washington, D.C. 20463;
date of receipt.
(202) 382-5162.
System manager(s) and address: Director, Public Records Divi-
Notification procedure: Inquiries should be addressed to the
sion, FEC, 1325 K Street, NW., Washington, D.C. 20463; (202) 382-
system manager and should include name and address.
5162.
Record access procedures: System manager.
Notification procedure: Inquiries should be addressed to the
Contesting record procedures: System manager
system manager and should include name of candidate or commit-
Record source categories: Personnel applications, resumes, inter-
tee identification number and address.
views, employment forms, etc.
Record access procedures: System manager.
&
FORD
FEDERAL REGISTER, VOL. 40, NO. 164-FRIDAY, AUGUST 22, 1975
GERALD
FEDERAL ELECTION COMMISSION
36877
Contesting record procedures: System manager.
Routine uses of records maintained in the system, including catego-
Record source categories: Reports filed with the FEC.
ries of users and the purposes of such uses: Certification of eligibility
for funds by presidential candidates.
FEC 9
Policies and practices for storing, retrieving, accessing, retaining,
System name: FEC rulemaking and public comment.
and disposing of records in the sytem:
Security classification:
Storage: Paper records.
System location: 1325 K Street, NW., Washington, D.C. 20463.
Retrievability: This system is indexed by name of candidate.
Categories of individuals covered by the system: Persons comment-
Safeguards: This system is kept in locked filing cabinets.
ing on FEC proposed regulations.
Retention and disposal: Indefinite.
Categories of records in the system: Letters commenting on
System manager(s) and address: Staff Director, FEC, 1325 K
proposed FEC rules.
Street, NW., Washington, D.C. 20463; (202) 382-5162.
Authority for maintenance of the system: 2 U.S.C. Section 437 d
Notification procedure: Inquiries should be addressed to the
(a) 8.
system manager and should include name of presidential candidate.
Routine uses of records maintained in the system, including catego-
Record access procedures: System manager.
ries of users and the purposes of such uses: This system may be used
Contesting record procedures: System manager
by any person for information purposes.
Record source categories: Certification reports filed with the Com-
Policies and practices for storing, retrieving, accessing, retaining,
mission, investigations and audits.
and disposing of records in the sytem:
FEC 11
Storage: Paper records.
System name: Payments for presidential nominating conventions.
Retrievability: Indexed by subject, date, individual and commit-
tee.
Security classification:
Safeguards: Locked filing cabinets.
System location: 1325 K Street, NW., Washington, D.C. 20463.
Retention and disposal: Indefinite.
Categories of individuals covered by the system: National political
parties.
System manager(s) and address: Director, Public Records Divi-
sion, FEC, 1325 K Street, NW., Washington, D.C. 20463; (202) 382-
Categories of records in the system: Certification forms for entitle-
ment to payment and audit and investigation files.
5162.
Notification procedure: Inquiries should be addressed to the
Authority for maintenance of the system: 26 U.S.C. 9008 (b)(3),
system manager and should include name of person or committee,
9008 (g). 9008 (h).
address and subject matter involved.
Routine uses of records maintained in the system, including catego-
ries of users and the purposes of such uses: Certification of eligibility
Record access procedures: System manager
for funds for presidential conventions.
Contesting record procedures: System manager
Policies and practices for storing, retrieving, accessing, retaining,
Record source categories: Rulemaking proposals and public com-
and disposing of records in the sytem:
ment received by the FEC on such proposals.
Storage: Paper records.
FEC 10
Retrievability: This system is indexed by name of national politi-
System name: Certification for primary matching funds and for
cal party.
election campaign funds.
Safeguards: This system is kept in locked filing cabinets.
Security classification:
Retention and disposal: Indefinite.
System location: 1325 K Street, NW., Washington, D.C. 20463.
System manager(s) and address: Staff Director, FEC, 1325 K
Categories of individuals covered by the system: Candidates for
Street, NW., Washington, D.C., 20463; (202) 38?-5162.
nomination or election to the Office of President of the United
Notification procedure: Inquiries should be addressed to the
States.
system manager and should include name of national political party.
Categories of records in the system: Certification forms requesting
Record access procedures: System manager.
matching funds or election funds and audit and investigation files.
Contesting record procedures: System manager.
Authority for maintenance of the system: 26 U.S.C. 9007 (a), 9006
Record source categories: Certification reports filed with the Com-
(c); 26 U.S.C. 9033, 9037 (b), 0 9038 (a).
mission, investigations and audits.
FEDERAL REGISTER, VOL. 40, NO. 164-FRIDAY, AUGUST 22, 1975
TUESDAY, SEPTEMBER 9, 1975
ARCHIVES
OF
THE
UNITED NATIONAL STATES THE
1934
PART II:
FEDERAL
ELECTION
COMMISSION
PRESIDENTIAL PRIMARY
MATCHING FUNDS
Interim Guidelines
GRAAD ?.. FORD
NOTICES
41933
FEDERAL ELECTION COMMISSION
cluding a written receipt for a cash gift
cases, the fair market value of the pri-
(not exceeding $100 and not made in
vate benefit. The candidate or commit-
[Notice 1975-40]
violation of 18 U.S.C. § 615) issued by or
tee must maintain records to establish
RESIDENTIAL PRIMARY MATCHING
on behalf of the donee candidate; coun-
the cost or fair market value.
FUNDS
tersigned in ink by the donor: and in-
III. Matchable Contributions After Ini-
Interim Guideline
cluding the donor's full name, residen-
tial Eligibility Is Established. After ini-
tial address, amount and date of the gift.
tial eligibility is established under 26
Notice 1975-40, Supplementing In-
B. "gift of money" does not include a
U.S.C. § 9033, a candidate for presidential
terim, Guideline Published as Notice
subscription, loan, advance or deposit of
nomination will be entitled to matching
1975-22 at 40 FR 33817, August 11, 1975.
money, or anything of value, or anything
payments in accordance with 25 U.S.C.
I. Eligibility for Payment From The
described in 26 U.S.C. § 9032(4) (B), (C),
§ 9034. The Commission will in due
Presidential Primary Matching Payment
and (D).
course, by regulation or other announce-
Account. A candidate for nomination for
C. to be considered a contribution for
ment, provide guidance regarding the
election as President of the United States
matching purposes, the gift of money
schedule and manner of such matching
will satisfy the eligibility requirement in
must be received by the candidate or his
payments.
26 U.S.C. § 9033(b) (3) if he or she cer-
or her committee and deposited in a des-
IV. Commission's General Audit Au-
tifies to the receipt of, and has in fact
ignated campaign depository.
thority and Duties. Candidates for nomi-
received, gifts of money in the requisite
II. Aggregate Amount of Contributions
nation for election to the office of Presi-
amounts made by a written instrument
That Satisfy Initial Eligibility for Match-
dent should note the Commission's gen-
identifying the individual making the
ing Payments. Contributions that qualify
eral authority and duties under 2 U.S.C.
gift by full name and mailing address.
under the foregoing are determined with-
is 437d and 438. They should also note the
Gifts of money will be considered only to
out regard to costs incurred by a candi-
prohibition in 18 U.S.C. § 614 on the mak-
the extent that the total amounts con-
date (seeking nomination for election to
ing of contributions in the name of
tributed by any one individual do not
the office of President) in raising the ag-
another person and the knowing accept-
exceed $250 and are contributed on or
gregate amount required under section
ance of such contributions.
after January 1, 1975.
9033(b) (3), except that gifts of money
For purposes of the foregoing and sub-
Dated: September 2, 1975.
received due to an event, sale or other OC-
ject to Part II below:
currence which confers a private benefit
THOMAS B. CURTIS,
A. "written instrument" means a
upon the contributor are contributions
Chairman for the
check, money order, or other instrument
only to the extent that the amount re-
Federal Election Commission.
containing the requisite information in-
ceived exceeds the cost or, in appropriate
[FR Doc.75-23667 Filed 9-8-75;8:45 am]
:
FORD
FEDERAL REGISTER, VOL. 40, NO. 175-TUESDAY, SEPTEMBER 9, 1975
GERALD
LIBRARY
FILE THE FOLLOWING 2 PAGES UNDER "NOTICES"
PROPOSED RULES
FEDERAL ELECTION COMMISSION
Tuesday, August 5. 1975, at page 32951,
testimony, no later than Thursday. Sep-
entitled "Office Accounts and Franking
tember 11, 1975. All questions regarding
11 CFR Part 113]
Accounts: Excess Campaign Contribu-
the above notice should be addressed to
[Notice 1975-31]
tions". Notice 1975-18.
the Office of General Counsel, Federal
OFFICE AND FRANKING ACCOUNTS:
All persons wishing to present views
Election Commission, 1325 K Street,
EXCESS CAMPAIGN CONTRIBUTIONS
at these hearings shall no later than
N.W., Washington, D.C., or telephone
Wednesday, September 10, 1975, request
Notice of Hearing
202-382-5839. The location and hours of
in writing to be placed on the calendar.
The Federal Election Commission to-
This request should be adressed to the
the hearings will be designated by the
day publishes a notice of hearings to be
General Counsel. Federal Election Com-
Commission in a subsequent notice.
held on Tuesday and Wednesday, Sep-
mission, 1325 K Street. N.W., Washing-
Dated: August 20, 1975.
tember 16 and 17, 1975. The hearings are
ton, D.C. 20463. Further, all persons de-
for the purpose of receiving further
siring to appear must submit to the Com-
THOMAS B. CURTIS,
Chairman for the
comments from interested persons on the
mission at its offices at 1325 K Street,
Federal Election Commission.
proposed rules published in the FEDERAL
N.W., Washington, D.C. 20463, a written
REGISTER, Volume 40, Number 151-
statement setting forth their proposed
[FR Doc.75-22483 Filed 8-21-75;8:45 am]
FEDERAL REGISTER, VOL. 40, NO. 164-FRIDAY, AUGUST 22, 1975
FEDERAL ELECTION
COMMISSION
11 CFR Part 113]
[Notice 1975-32]
OFFICE ACCOUNTS AND FRANKING AC-
COUNTS; EXCESS CAMPAIGN CONTRI-
BUTIONS
Extension of Time To Comment on
Proposed Rulemaking
The time period within which written
comments may be submitted to the Fed-
eral Election Commission concerning any
part of the notice of proposed rulemaking
entitled "Office Accounts and Franking
Accounts: Excess Campaign Contribu-
tions". (Notice 1975-18, 40 FR 32951,
August 5, 1975), is hereby extended from
September 4, 1975 to September 19, 1975.
Dated: August 20, 1975.
THOMAS B. CURTIS,
Chairman for the
Federal Election Commission.
[FR Doc.75-22505 Filed 8-25-75;8:45 am]
FEDERAL REGISTER, VOL. 40, NO. 166-TUESDAY, AUGUST 26, 1975
FEDERAL ELECTION COMMISSION
Volume 40, No. 164-Friday, August 22,
until 12:30 p.m., reconvene at 2:00 p.m.
1975, at page 36869 entitled "Office and
and adjourn at 4:00 p.m.
[11 CFR Part 113]
Franking Accounts: Excess Campaign
All questions regarding the above no-
[Notice 1975-41]
Contributions-Notice of Hearing", No-
tice should be addressed to the Office of
tice 1975-31.
General Counsel, Federal Election Com-
OFFICE AND FRANKING ACCOUNTS: EX-
The Federal Election Commission to-
mission, 1325 K Street NW., Washington,
CESS CAMPAIGN CONTRIBUTIONS
day publishes notice that these hearings
D.C. 20463, or telephone 202-382-5839.
Notice of Hearing, Time and Place
will be held on the date specified in the
Dated: September 4, 1975.
earlier notice in the main courtroom at
The Federal Election Commission pub-
the United States Court of Claims, 717
THOMAS B. CURTIS,
lished a notice of hearings to be held on
Madison Place (Lafayette Square), NW.,
Chairman for the
Tuesday and Wednesday, September 16
Washington, D.C. 20005. The hearings
Federal Election Commission.
and 17, 1975,in the FEDERAL REGISTER,
will commence at 10:00 a.m. and run
[FR Doc.75-23866 Filed 9-8-75;8:45 am]
FORD
FEDERAL REGISTER, VOL. 40, NO. 175-TUESDAY, SEPTEMBER 9, 1975
GERALD
40202
NOTICES
BPTTV-5275
New. unincorporated villages
FEDERAL ELECTION COMMISSION
ance to the public on Saturday, Septem-
of Riverside and Raymond,
ber 6, 1975. This is the filing date for the
Colo.
[Notice 1975-38]
10-Day Pre-Election Report in the spe-
Platte Valley Farm Supply
NEW HAMPSHIRE GENATE ELECTION
Company d/b/a Translator
cial election being held on September 16,
TV, Inc.
Request for Opinion of Counsel;
1975 to fill the vacancy in the United
Req: Channel 3. 1 watt.
Solicitation of Public Comments
States Senate for the State of New
Primary: KMGH-TV, Den-
Hampshire.
ver, Colo.
The Federal Election Commission to-
The Federal Election Commission, lo-
BPTTV-5276
New. unincorporated villages
day publishes an inquiry from the
cated at 1325 K Street, N.W., Wash-
of Riverside and Raymond,
campatign manager for Mr. Louis Wyman
ington, D.C. (202-382-5162 or Public
Colo.
in connection with the September 16,
Records Division 202-382-7012) will be
Platte Valley Farm Supply
1975 special Senatorial election in New
Company d/b/a Translator
open on September 6, 1975 from 10 a.m.
Hampshire. Because of the imminence
TV. Inc.
to 4:00 p.m. These extended hours are
of that election, the Commission will re-
Req: Channel 8, 1 watt.
provided in order that statements and
Primary: KOA-TV, Denver,
spond to this inquiry on September 4,
reports may be filed with the Commission
Colo.
1975. The Commission wishes to receive
and be made available to the public as
BPTTV-5277
New. unincorporated villages
as much public response as is possible
soon as practicable after receipt.
of Riverside and Raymond,
with regard thereto. Comment may be
Colo.
submitted in writing or by telephone to
NEIL STAEBLER,
Platte Valley Farm Supply
Mr. Bradley Litchfield, Assistant General
Vice Chairman,
Company d/b/a Translator
Counsel, Federal Election Commission,
Federal Election Commission.
TV, Inc.
Req: Channel 10, 1 watt.
1325 K Street, N.W. Washington, D.C.
[FR Doc.75-23378 Filed 8-29-75;12:56 pm]
Primary: KWGN-TV, Denver,
20463, telephone Area Code (202) 382-
Colo.
5657. The letter follows:
FEDERAL ENERGY
BPTTV-5278
New, unincorporated villages
Dear Mr. Murphy:
of Riverside and Raymond,
This letter is our request for the Coun-
ADMINISTRATION
Colo.
sel's opinion on a series of questions.
TRANSPORTATION ADVISORY
Platte Valley Farm Supply
These arise from anticipated circum-
COMMITTEE
Company d/b/a Translator
stances in the campaign to elect Mr.
TV, Inc.
Notice of Establishment
Req: Channel 12. 1 watt.
Louis Wyman in the special Senate Elec-
Primary: KBTV (TV), Den-
tion in New Hampshire on September 16,
This notice is published in accordance
ver, Colo.
1975.
with the provisions of Section 9(a) (2)
BPTTV-5279
New, Hoopa Valley, Calif.
President Ford and former Governor
of the Federal Advisory Committee Act
Hoopa Valley Chamber of
Reagan may travel to New Hampshire.
(PL 92-463). Following consultation
Commerce.
While here they may hold rallies, press
with the Office of Management and
Ren: Channel 2, 5 watts.
conferences and attend public meetings.
Budget, notice is hereby given that it is
Primary: KBHK-TV, Oak-
Calif.
On these occasions they may appear with
in the public interest, in connection with
BPTTV-5284
New, Potter Valley, Calif.
Louis Wyman and endorse his candidacy.
the performance of the duties imposed
Potter Valley Television As-
Their expenses will not be paid by the
on the Federal Energy Administration
sociation.
Wyman-For Senate Committee which is
by law, to establish the Transportation
Req: Channel 4, 1 watt.
the principal campaign committee for
Advisory Committee.
Primary: KBHK-TV, Oak-
him.
A description of the nature and pur-
land, Calif.
Our questions are:
pose of this Committee is contained in
BPTTV-5291
New, Kayenta, Ariz.
1. Does this constitute a contribution
its Charter which is published below.
Kayenta TV Association.
Req: Channel 4, 1 watt.
in kind to the Wyman campaign?
If so:
Dated: August 25, 1975.
Primary: KGGM-TV, Albu-
querque, N. Mex.
2. How is that contribution to be com--
FRANK G. ZARB,
BPTTV-5292
New Kayenta, Ariz.
puted?
Administrator.
Kayenta TV Association.
3. Does their travel to and from New
Req: Channel 13, 1 watt.
[FR Doc.75-23232 Filed 8-28-75;10:56 am]
Hampshire count?
Primary: KOAI-TV, Flag-
4. What does a candidate do to avoid
staff, Ariz.
BPTTV-5295
New, Paradise Valley, Nev.
accepting this kind of contribution under
TRANSPORTATION ADVISORY
the law ?
COMMITTEE
Humboldt County Television
Maintenance Board.
We would appreciate your prompt re-
Charter
Req: Channel 9, 5 watts.
sponse since decisions are being made
Primary: KBCI-TV, Boise,
daily which affect the points raised in
A. ESTABLISHMENT
Idaho.
this letter.
The Administrator, Federal Energy
BPTTV-5296
New, Paradise Valley, Nev.
GEORGE YOUNG,
Administration (FEA), having deter-
Humboldt County Television
Maintenance Board.
Campaign Manager.
mined after consultation with the Direc-
Req: Channel 11, 5 watts.
Source: Wyman for Senate, by George Young,
tor, Office of Management and Budget,
Primary: KTVB(TV), Boise,
Campaign Manager, P.O. Box 1457, Concord,
that the establishment of an advisory
Idaho.
New Hampshire 03301 (August 12, 1975).
committee to provide FEA with advice
BPTTV-5301
New, Saratoga and Rural
County, Wyo.
Dated: August 28, 1975.
on energy use in the national transpor-
Jeffrey City Community TV
tation sector is in the public interest in
THOMAS B. CURTIS,
Association.
Chairman, for the
connection with the duties imposed on
Req: Channel 7, 5 watts.
Federal Election Commission.
the FEA by law, hereby establishes the
Primary: KOA-TV, Denver,
Transportation Advisory Committee pur-
Colo.
[FR Doc.75-23273 Filed 8-29-75:8:45 am]
suant to the Federal Advisory Commit-
BPTTV-5302
New, Jeffrey City and Rural
tee Act (PL 92-463).
Area, Wyo.
[Notice 1975-39]
B. DUTIES, FUNCTIONS, AND
Jeffrey City Community TV
ADMINISTRATIVE PROVISIONS
NEW HAMPSHIRE
Association.
1. Objectives and Scope. The objectives
Req: Channel 13, 10 watts.
10-Day Pre-Election Report; Extended
of the Transportation Advisory Commit-
Primary: KOA-TV. Denver,
Office Hours
tee is to advise the Administrator, FEA,
Colo.
The Federal Election Commission an-
with respect to general transportation
[FR Doc.75-23136 Filed 8-29-75;8:45 am]
nounces extended office hours for assist-
aspects of interests and problems related
IBRARY
FEDERAL REGISTER, VOL. 40, NO. 170-TUESDAY, SEPTEMBER 2, 1975