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Citizens for Reagan Complaint Concerning
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President Ford Committee Records
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The original documents are located in Box D17, folder "Citizens for Reagan Complaint
Concerning Arrangements for the Republican National Convention" of the President Ford
Committee Campaign Records at the Gerald R. Ford Presidential Library.
Copyright Notice
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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States of America his copyrights in all of his unpublished writings in National Archives collections.
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domain. The copyrights to materials written by other individuals or organizations are presumed to
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copyright claim, please contact the Gerald R. Ford Presidential Library.
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materials. Please contact the Gerald R. Ford Presidential Library for access to
these materials.
CITIZENS FOR REAGAN
1835 K Street N.W.
Washington, D.C. 20006
202/452-7676
June 30, 1976
FORD & GERALD LIBRARY
Honorable Mary Louise Smith
HAND DELIVERED
Chairman, Republican National Committee
310 First Street, S.E.
Washington, D. C. 20003
Dear Mrs. Smith:
In recent days, as you know, we have sought to obtain
equitable treatment from the Republican National Committee
regarding rooms and convention tickets at the Republican
National Convention for Citizens for Reagan, the official
presidential campaign organization of Ronald Reagan. Because
we have been unable to obtain equal treatment through amicable
negotiations, Citizens for Reagan is insisting that the
Republican National Committee fully comply with its legal
obligation, under 26 U.S.C. Section 9008 (c), to stage a
national convention that does not benefit any Republican
candidate for the nomination in any way over any other
candidate.
As you, of course, know, this year for the first time the
national convention of our party is fully funded by the tax-
payers. Through a system of equal payments to both major parties,
a public decision has been made to take the funding of this part of
the nominating process out of private hands. In SO doing,
however, the legal mandate is clear: the convention shall
not be a vehicle to advance the candidacy of any one person
over another.
In Federal Election Commission Advisory Opinion - 1975 -
72, which you requested, the Federal Election Commission dealt
with the problem of a political party benefiting only one
candidate for its nomination. In that Advisory Opinion, the
Commission found that it would be presumed an impermissible
campaign contribution to pay Mr. Ford's travel to party events
after January 1, 1976. Before that date the Commission noted:
"TIT n the period prior to January 1, 1976, / during
which the Republican National Committee paid over
Citizens for Reagan - Senator Paul Laxait Chairman Henry M. Buchanan. Treasurer
A copy of our report is filed with and available for purchase from the Federal Election Commission Washington. D.C. 20463
Mrs. Smith
June 30, 1976
Page two
three hundred thousand dollars in Ford travel
expenses7, the RNC will accord equitable treat-
ment to all of its presidential candidates."
40 Fed. Reg. 56589 (1975).
If the Republican National Committee is going to do some-
thing for one candidate, it must do it for every candidate for
that same office.
Our committee is concerned about preferential treatment
given by the convention managers and the Republican National
Committee to the White House and, therefore, to the Ford
Committee. The allocation of a quota of rooms and passes
to the White House is grossly improper. Currently, 388 hotel
rooms are allocated to the Ford campaign and White House, while
only 100 rooms are allocated to the Reagan campaign. The Ford
groups have received 650 gallery passes, while the. Reagan
campaign has received only 300. We must demand absolute numerical
equality in all of these areas.
The White House and the incumbency have no proper role
in this convention. Any special functional role granted to the
White House officially recognizes a serious misuse of goyern-
ment funds and the incumbency by the Ford campaign.
I recognize that these are strong words, but they express
deep concerns for a fair and honest convention. I am having
this letter hand-delivered so we may resolve this matter this week.
I will call you at 11:00 A.M. Friday hoping that this matter
can be resolved. If we do not reach a mutually acceptable
solution at that time, then I'm afraid we will have no recourse
but to initiate litigation or complaint proceedings before
the Federal Election Commission.
Sincerely,
Lora a.Smith
Loren A. Smith
General Counsel
cc: Honorable Ody J. Fish, Vice Chairman
Arrangements Committee, Republican National Committee
William C. Cramer, Esq., General Counsel
Republican National Committee
Robert P. Visser, Esq., General Counsel
President Ford Committee
CITIZENS FOR REAGAN
1835 K Street N.W.
Washington, D.C. 20006
202/452-7676
HAND DELIVERY
July 2, 1976
The Hon. Mary Louise Smith
Chairman, Republican National Committee
FORD i LIBRARY GERALD
310 First Street, S.E.
Washington, D.C. 20003
Dear Mrs. Smith:
Thank you for promptly responding to my letter of the
30th.
I have read your letter with some care and think I fully
understand your position. However, I must respectfully reject the
position you have taken because I deeply believe it is unfair and
improper. I regret having to take this position; but our campaign
must be dealt with fairly, the integrity of the political process,
of our party and of our nomination all depend upon it.
Your letter talks in terms of "not realistic", "necessity"
and "political decision-making." You mention several recent court
decisions. However, the fundamental issue is none of these things.
We are dealing with a simple matter of fairness; fundamental and real
fairness.
I am sure you realize the very administration officials you
indicated as the recipients of tickets and rooms are campaigning for
Mr. Ford and have played an important campaign role. If they are
allotted these things the truth is that the Ford campaign receives
them.
Unfortunately, I can read your letter in no other way than
saying: 'we will provide no remedy and no other authority has the
power to make us.' We must therefore send the attached letter to the
Federal Election Commission.
Sincerely,
Loan a.Smith
Loren A. Smith
General Counsel
Citizens for Reagan - Senator Paul Laxalt. Chairman Henry M. Buchanan, Treasurer
A copy of our report is filed with and available for purchase from the Federal Election Commission. Washington. D.C. 20463
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CITIZENS FOR REAGAN
1835 K Street N.W.
Washington, D.C. 20006
202/452-7676
June 30, 1976
FORD & GERALD LIBRARY
Honorable Mary Louise Smith
HAND DELIVERED
Chairman, Republican National Committee
310 First Street, S.E.
Washington, D. C. 20003
Dear Mrs. Smith:
In recent days, as you know, we have sought to obtain
equitable treatment from the Republican National Committee
regarding rooms and convention tickets at the Republican
National Convention for Citizens for Reagan, the official
presidential campaign organization of Ronald Reagan. Because
we have been unable to obtain equal treatment through amicable
negotiations, Citizens for Reagan is insisting that the
Republican National Committee fully comply with its legal
obligation, under 26 U.S.C. Section 9008 (c), to stage a
national convention that does not benefit any Republican
candidate for the nomination in any way over any other
candidate.
As you, of course, know, this year for the first time the
national convention of our party is fully funded by the tax-
payers. Through a system of equal payments to both major parties,
a public decision has been made to take the funding of this part of
the nominating process out of private hands. In SO doing,
however, the legal mandate is clear: the convention shall
not be a vehicle to advance the candidacy of any one person
over another.
In Federal Election Commission Advisory Opinion - 1975 -
72, which you requested, the Federal Election Commission dealt
with the problem of a political party benefiting only one
candidate for its nomination. In that Advisory Opinion, the
Commission found that it would be presumed an impermissible
campaign contribution to pay Mr. Ford's travel to party events
after January 1, 1976. Before that date the Commission noted:
"TII n the period prior to January 1, 1976, / during
which the Republican National Committee paid over
Citizens for Reagan - Senator Paul Laxait Chairman Henry M. Buchanan. Treasurer
A copy of our report is filed with and available for purchase from the Federal Election Commission Washington, D.C. 20463
Mrs. Smith
June 30, 1976
Page two
three hundred thousand dollars in Ford travel
expenses7, the RNC will accord equitable treat-
ment to all of its presidential candidates. "
40 Fed. Reg. 56589 (1975).
If the Republican National Committee is going to do some-
thing for one candidate, it must do it for every candidate for
that same office.
Our committee is concerned about preferential treatment
given by the convention managers and the Republican National
Committee to the White House and, therefore, to the Ford
Committee. The allocation of a quota of rooms and passes
to the White House is grossly improper. Currently, 388 hotel
rooms are allocated to the Ford campaign and White House, while
only 100 rooms are allocated to the Reagan campaign. The Ford
groups have received 650 gallery passes, while the. Reagan
campaign has received only 300. We must demand absolute numerical
equality in all of these areas.
The White House and the incumbency have no proper role
in this convention. Any special functional role granted to the
White House officially recognizes a serious misuse of goyern-
ment funds and the incumbency by the Ford campaign.
I recognize that these are strong words, but they express
deep concerns for a fair and honest convention. I am having
this letter hand-delivered so we may resolve this matter this week.
I will call you at 11:00 A.M. Friday hoping that this matter
can be resolved. If we do not reach a mutually acceptable
solution at that time, then I'm afraid we will have no recourse
but to initiate litigation or complaint proceedings before
the Federal Election Commission.
Sincerely,
Lora a.Smith
Loren A. Smith
General Counsel
cc: Honorable Ody J. Fish, Vice Chairman
Arrangements Committee, Republican National Committee
William C. Cramer, Esq., General Counsel
Republican National Committee
Robert P. Visser, Esq., General Counsel
President Ford Committee
CITIZENS FOR REAGAN
1835 K Street N.W.
Washington, D.C. 20006
202/452-7676
HAND DELIVERY
July 2, 1976
FORD is 070830 LIBRARY
The Hon. Mary Louise Smith
Chairman, Republican National Committee
310 First Street, S.E.
Washington, D.C. 20003
Dear Mr's. Smith:
Thank you for promptly responding to my letter of the
30th.
I have read your letter with some care and think I fully
understand your position. However, I must respectfully reject the
position you have taken because I deeply believe it is unfair and
improper. I regret having to take this position; but our campaign
must be dealt with fairly, the integrity of the political process,
of our party and of our nomination all depend upon it.
Your letter talks in terms of "not realistic", "necessity"
and "political decision-making." You mention several recent court
decisions. However, the fundamental issue is none of these things.
We are dealing with a simple matter of fairness; fundamental and real
fairness.
I am sure you realize the very administration officials you
indicated as the recipients of tickets and rooms are campaigning for
Mr. Ford and have played an important campaign role. If they are
allotted these things the truth is that the Ford campaign receives
them.
Unfortunately, I can read your letter in no other way than
saying: 'we will provide no remedy and no other authority has the
power to make us. We must therefore send the attached letter to the
Federal Election Commission.
Sincerely,
Loon a. Smith
Republican
National
Committee.
Mary Louise Smith
Chairman
July 2, 1976
Loren A. Smith, Esquire
General Counsel
Citizens for Reagan Committee
1835 K Street, N. W.
FORD & GERALD LIBRARY
Washington, D. C. 20006
Dear Mr. Smith:
This will acknowledge your letter of June 30 with respect to the decisions
made by the Committee on Arrangements for the Republican National Convention
for 1976 and ratified by the Republican National Committee at its meeting on
June 25, 1976. You allege that the Citizens for Reagan Committee has "been
unable to obtain equitable treatment" relating to allotment of rooms and
Convention guest tickets at the Republican National Convention for Citizens
for Reagan.
The Committee on Arrangements for the Republican National Committee did meet
and had a full discussion of this matter on Thursday of last week. At that
time the Citizens for Reagan Committee position was fully debated and
discussed, and a decision was made by the Arrangements Committee and con-
firmed by the Republican National Committee on Friday, June 25. That
decision followed traditional procedures relating to pre-Convention decision
making, consistent with past precedents in relation to prior conventions.
The Committee on Arrangements and the National Committee apparently, by its
action, has made its best efforts towards being fair and impartial with
regards to rooms and guest tickets, the two issues raised in your letter.
As I am sure you know, the Committee on Arrangements did, upon consideration
of the appeal of the Citizens for Reagan Committee, increase the number of
seats allocated to your Committee by 100, providing 300 guest passes for the
Citizens for Reagan Committee and 200 passes for the President Ford Committee.
The Committee also provided 450 guest passes for the Administration which
includes the Vice-President, Cabinet officers, foreign dignitaries, inde-
pendent agencies, and the personnel who traditionally and of necessity must
be present wherever the President appears.
Dwight D. Eisenhower Republican Center: 310 First Street Southeast, Washington, D.C. 20003. (202) 484-6500.
Loren A. Smith, Esquire
Page Two
July 2, 1976
Relating to the allotment of rooms, this, likewise, was decided by the
Committee on Arrangements. And as I understand it further, the Citizens
for Reagan Committee specifically requested to be housed with the
California delegation in the Alameda Plaza Hotel and specifically asked
for 100 rooms for the Citizens for Reagan Committee, which was granted.
The President Ford Committee got 100 rooms, the Administration, 288.
These decisions were made after full consideration by the proper Committees.
As Chairman, as I am sure you can appreciate, I have to give proper
recognition to decisions that have been properly made through the Committee
procedures, and ratified by the Republican National Committee.
I believe this to be a matter of political decision-making coming within
the purview of recent Supreme Court decisions, including Cousins VS. Wigoda
and Ripon VS. RNC as examples, which clearly permit a Party to make decisions
of this nature with respect to the conduct of the Convention. I believe the
action taken and the procedures followed are consistent with the law as well
as the authority of political parties to make such decisions relating to
their respective Conventions.
I understand that these matters have been under negotiation with the Committee
on Arrangements for some time and, as you know, a final decision has to be
made at some point. It is my opinion that the logical decision-making time
was last week's meeting of the Convention Arrangements Committee and the
Republican National Committee.
In reference to your suggestion that the Administration should not receive
guest tickets or rooms in addition to those allotted to the President Ford
Committee, this obviously is not realistic, in that there is a Republican
administration which is entitled, and consistent with precedent has always
been entitled, to recognition at the National Convention. I believe this
is sustained by the tenor of the Advisory Opinion that you cited, 1975-72,
which was requested by the Republican National Committee. In that opinion
the Federal Elections Commission clearly recognizes that Administration
personnel have official as well as Party functions that may be carried on,
and are expected to be carried on, which of necessity differentiates the
activities of the Administration from those of the President as a candidate.
Additionally, I would like to point out that in other areas as well our
arrangements with the President Ford Committee and the Citizens for Reagan
Committee have been totally equitable and impartial. I would note specifically
the assignment of an equal number of floor passes, assignment and location
of trailers for the candidates, and assignment and location of sky suites in
Kemper Arena.
Loren A. Smith, Esquire
Page Three
July 2, 1976
This matter has been given my full and serious consideration. If there
are any additional questions which you may have with regard to conforming
with requirements of federal funding of conventions, objections of the
Federal Election Campaign Act and other matters of a legal nature, I
suggest that you confer with counsel for the Republican National Committee,
William C. Cramer.
Very truly yours,
Smith
Mary Louise Smith
Republican
National
Committee.
Mary Louise Smith
Chairman
July 2, 1976
Loren A. Smith, Esquire
General Counsel
Citizens for Reagan Committee
1835 K Street, N. W.
Washington, D. C. 20006
FORD & GERALD LIBRARY
Dear Mr. Smith:
This will acknowledge your letter of June 30 with respect to the decisions
made by the Committee on Arrangements for the Republican National Convention
for 1976 and ratified by the Republican National Committee at its meeting on
June 25, 1976. You allege that the Citizens for Reagan Committee has "been
unable to obtain equitable treatment" relating to allotment of rooms and
Convention guest tickets at the Republican National Convention for Citizens
for Reagan.
The Committee on Arrangements for the Republican National Committee did meet
and had a full discussion of this matter on Thursday of last week. At that
time the Citizens for Reagan Committee position was fully debated and
discussed, and a decision was made by the Arrangements Committee and con-
firmed by the Republican National Committee on Friday, June 25. That
decision followed traditional procedures relating to pre-Convention decision
making, consistent with past precedents in relation to prior conventions.
The Committee on Arrangements and the National Committee apparently, by its
action, has made its best efforts towards being fair and impartial with
regards to rooms and guest tickets, the two issues raised in your letter.
As I am sure you know, the Committee on Arrangements did, upon consideration
of the appeal of the Citizens for Reagan Committee, increase the number of
seats allocated to your Committee by 100, providing 300 guest passes for the
Citizens for Reagan Committee and 200 passes for the President Ford Committee.
The Committee also provided 450 guest passes for the Administration which
includes the Vice-President, Cabinet officers foreign dignitaries inde-
pendent agencies, and the personnel who traditionally and of necessity must
be present wherever the President appears.
Dwight D. Eisenhower Republican Center: 310 First Street
Loren A. Smith, Esquire
Page Two
July 2, 1976
Relating to the allotment of rooms, this, likewise, was decided by the
Committee on Arrangements. And as I understand it further, the Citizens
for Reagan Committee specifically requested to be housed with the
California delegation in the Alameda Plaza Hotel and specifically asked
for 100 rooms for the Citizens for Reagan Committee, which was granted.
The President Ford Committee got 100 rooms, the Administration, 288.
These decisions were made after full consideration by the proper Committees.
As Chairman, as I am sure you can appreciate, I have to give proper
recognition to decisions that have been properly made through the Committee
procedures, and ratified by the Republican National Committee.
I believe this to be a matter of political decision-making coming within
the purview of recent Supreme Court decisions, including Cousins vs. Wigoda
and Ripon VS. RNC as examples, which clearly permit a Party to make decisions
of this nature with respect to the conduct of the Convention. I believe the
action taken and the procedures followed are consistent with the law as well
as the authority of political parties to make such decisions relating to
their respective Conventions.
I understand that these matters have been under negotiation with the Committee
on Arrangements for some time and, as you know, a final decision has to be
made at some point. It is my opinion that the logical decision-making time
was last week's meeting of the Convention Arrangements Committee and the
Republican National Committee.
In reference to your suggestion that the Administration should not receive
guest tickets or rooms in addition to those allotted to the President Ford
Committee, this obviously is not realistic, in that there is a Republican
administration which is entitled, and consistent with precedent has always
been entitled, to recognition at the National Convention. I believe this
is sustained by the tenor of the Advisory Opinion that you cited, 1975-72,
which was requested by the Republican National Committee. In that opinion
the Federal Elections Commission clearly recognizes that Administration
personnel have official as well as Party functions that may be carried on,
and are expected to be carried on, which of necessity differentiates the
activities of the Administration from those of the President as a candidate.
Additionally, I would like to point out that in other areas as well our
arrangements with the President Ford Committee and the Citizens for Reagan
Committee have been totally equitable and impartial. I would note specifically
the assignment of an equal number of floor passes, assignment and location
of trailers for the candidates, and assignment and location of sky suites in
Kemper Arena.
Loren A. Smith, Esquire
Page Three
July 2, 1976
This matter has been given my full and serious consideration. If there
are any additional questions which you may have with regard to conforming
with requirements of federal funding of conventions, objections of the
Federal Election Campaign Act and other matters of a legal nature, I
suggest that you confer with counsel for the Republican National Committee,
William C. Cramer.
Very truly yours,
Mary Louise Smith
bcc: Honorable Ody Fish
William C. Cramer, Esq.
Robert P. Visser, Esq.
Jo Good
CITIZENS FOR REAGAN
1835 K Street N.W.
Washington, D.C. 20006
202/452-7676
July 2, 1976
The Honorable Vernon W. Thomson
Chairman
Federal Election Commission
1325 K. Street, N.W.
Washington, D.C. 20463
FORD & LIBRARY GERALD
Dear Mr. Chairman:
On March 12, 1976, Citizens for Reagan sent a letter to the
Commission calling for "An immediate investigation" of Secretary Kissinger's
political activities on behalf of the Ford campaign. We hoped the
Commission would look into the broad question of "the use of government
powers for clearly partisan campaign purposes." We viewed this problem
as "the greatest danger facing the current election laws," and therefore
urged the Commission to "act on this matter immediately."
On May 13, 1976, the Public Citizen Litigation Group filed a memo-
randum of law with the Commission supporting the legal basis of our
request. Since that date more and more questionable uses of the power of
the incumbency and the resources of government by the Ford administration
have come to our attention. We feel that these actions endanger our free
political system and raise the specter of the abuses that the new election
law was supposed to prevent.
We have noted numerous cases of Ford White House staff who are
listed as reimbursed only for campaign travel on the Ford Committee's
reports. Does this mean that their efforts and services can be used
with impunity to promote Mr. Ford's election campaign while the taxpayer
picks up the tab? Are these in-kind contributions of staff time allowed
to escape all financial disclosure and remain unfettered by the contribu-
tion and expenditure limitations that bind all other presidential
candidates?
Apparently, the Ford Committee has been financing much of its
travel via government credit. While our committee has paid in advance
over $800,000 for our candidates chartered airplanes, the Ford Committee
reports a much lower rate of payment for their campaign travel (less
than $100,000 for Air Force One travel to date and helicopter charges as
low as $11.54 per trip); and these were billed on a credit basis
providing immeasurable assistance to his campaign during the period
when matching funds were not available. It would appear from the record
Citizens for Reagan - Senator Paul Laxalt Chairman Henry M Buchanan Treasurer
A copy of our report is filed with and available for purchase from the Federal Election Commission Washington, D.C. 20463
-2-
that while White House political press travel is financed by the
government and uses government employees for arrangements, the other
candidates must finance for as long as three months their press travel
expenses and hire employees to plan and coordinate the trips. Only
limited reimbursements for extensive campaign travel by various cabinet
officials and holders of high administrative positions are apparent on
the Ford Committee's reports. Given the unusually low charges for
White House travel when compared to other campaigns, full disclosure
of all political travel by the First Family should be required to give
an equitable measure of benefits.
As the campaign spending limits close in on all the candidate's
campaigns, the potential of government "fringe benefits" available to
an incumbent President become even more significant and must be carefully
monitored by the Federal Election Commission to insure that the spirit
and the letter fo the Federal Election Law is carried out. The spending
limitation would otherwise begrossly unfair under our system. This
is especially amplified in the setting of this campaign which is so
close that virtually all political commentators agree it is too close
to call.
On Wednesday of this week, our committee delivered the attached
letter (Appendix A) to the Chairman of the Republican National Committee,
It was motivated by what to us is not only a further abuse, but by what
is an outrageous political advantage in a contest where even a slight
political advantage might be critical.
On the basis of the public record, it appears that the Ford campaign
is contemplating the massive use of White House personnel and resources
at the Republican National Convention in Kansas City. The White House
above and beyond the Ford Committee has been allocated 288 rooms and
450 gallery passes to the convention. In other words, it would appear
that the White House is planning to bring almost 3 times the number of
personnnel to Kansas City as the amount that they are officially
planning to report under their Ford Committee budget.
In running against an incumbent, one must expect to run against the
normal advantages of the incumbency; the promises of federal projects,
contracts and benefits, the distribution of federal appointments and jobs
in primary states immediately before the election, and the ability to
use White House dinners and facilities to WOO party officials and
delegates. We make no complaints about these practices; good, bad, legal
or questionable, they are all part of a long established game.
However, we must draw the line somewhere. When the White House staff,
paid by the taxpayers, is massively used as an adjunct to the Ford
Committee, this is improper in the worst sense. This strikes at the
heart of fair elections. When the President can travel via government
means for the entire campaign at a cost that would not total two full
weeks outlay for air travel for other candidates and do it on credit,
something is very wrong.
We are hoping the Commission would realize the seriousness of these
facts and the urgency of doing something in light of the approaching
Republican National Convention, now only 6 weeks away. So far, to our
knowledge, nothing has been done. I, therefore, respectfully request a
-3-
special and public Commission meeting to deal with this problem during
the week of July 6-9, 1976. This meeting should be public since the
overriding question is one of basic legal principal: Does an incumbent
have a legal right to use staff and the resources of this public office
to promote his campaign? Do such uses constitute contributions and
expenditures which must be disclosed? Once these legal questions are
resolved, we understand that the normal executive session compliance
procedures are mandated.
If the Commission chooses not to act, such refusal constitutes a
denial of any relief to our committee. Additionally if the
Commission takes no action, then we must assume it has chosen to exercise
its exclusive primary jurisdiction under 2 U.S.C. Section 437c (b) (1) in
a negative way. In view of the critically short time, our remedy must
then be left to the Judiciary.
Sincerely,
Lora and Shith
Loren A. Smith
General Counsel
LAS:ac
cc: All Federal Election Commissioners
The Honorable Mary Louise Smith
President Ford Committee
1828 L STREET, N.W., SUITE 250, WASHINGTON, D.C. 20036 (202) 457-6400
July 2, 1976
MEMORANDUM
TO: Rog Morton
Stu Spencer
FORD & GERALD LIBRARY
FROM: Bob Visser
RV
Tim Ryan
RE: Citizens for Reagan - Rooms and Convention Tickets
Attached is a self-explanatory letter from Loren A. Smith,
General Counsel to the Citizens for Reagan campaign committee,
alleging that the President Ford Committee has received prefer-
ential treatment regarding the assignment of rooms and convention
tickets at the Republican National Convention in violation of
Section 9008 (c), Title 26, United States Code. In particular,
the Citizens for Reagan Committee has alleged that the allocation
of Convention rooms and passes to the White House is grossly
improper in that 388 hotel rooms are allocated to the Ford Campaign
and White House, whereas only 100 rooms are allocated to the
Reagan Campaign. In addition, the Ford "group" has been given 650
Gallery passes whereas the Reagan Campaign has been allotted only
300. Realistically, the facts in this matter are as follows.
The PFC has been afforded 200 Gallery passes and the Reagan
Committee has been afforded 300 Gallery passes. In addition, the
White House has been allocated 450 such passes to accommodate the
official White House Staff, Cabinet and the like. With regard to
rooms, both the PFC and the Citizens for Reagan Committee have
received assignment of 100 rooms apiece and the White House has
received an allotment of 288 rooms to provide for the President,
Cabinet, Vice President and his staff, WHACA, and the Secret Service.
It should also be noted that the PFC and Reagan Committee have each
received 15 floor passes to the Convention. As you can see, the factual
basis of the Reagan argument is specious and, in fact, the PFC has
received a third less Gallery tickets than the Reagan Committee.
The argument that the above allocation of rooms and floor
passes represents a "serious misuse of government funds and the
incumbency by the Ford campaign" is ill founded. First, there is
The President Ford Committee. Rogers C. B. Morton, Chairman, Robert C. Moot, Treasurer. A copy of our Report is filed with
the Federal Election Commission and is available for purchase from the Federal Election Commission, Washington, D.C. 20463.
Citizens for Reagan - Rooms
and Convention Tickets Memo
July 2, 1976
Page Two
no expenditure of funds involved with respect to the allocation
of such rooms and passes. Moreover, of course, the extension
of such courtesies to the Executive Branch of the Government
by the Republican National Committee at the National Convention
is a matter of long-standing tradition.
Second, Section 9008 (c), Title 26, United States Code, is
inapplicable. This Section of the Presidential Election Campaign
Fund Act, entitled "Payments for Presidential Nominating Conventions"
provides as follows:
Use of funds. No part of any payment made under
subsection (b) shall be used to defray the expenses
of any candidate or delegate who is participating in
any presidential nominating convention. Such payments
shall be used only --
(1) to defray expenses incurred with respect to
a presidential nominating convention (including the
payment of deposits) by or on behalf of the national
committee receiving such payments; or
(2) to repay loans the proceeds of which were used
to defray such expenses, or otherwise to restore funds
(other than contributions to defray such expenses received
by such committee) used to defray such expenses.
As noted above, no part of such funds would be used to defray the
expenses of any candidate who is participating in the Republican
National Nominating Convention.
Finally, following the basic tenants of Cousins V. Wagoda,
419 U. S. 477 (1975), the Federal election campaign laws do not
apply to the determinations of the Convention or the Republican
National Committee except as specifically provided in the Act as
above. Accordingly, I do not believe that the Federal Election
Commission has or will assume jurisdiction over this claim. It is
more likely that this is another step in the Reagan public relations
campaign to attempt to paint the Ford campaign as railroading the
Republican National Convention and subsequent nomination. We should
be alert to this tactic and be prepared to respond with our own
public relations activities.
CITIZENS FOR REAGAN
1835 K Street N.W.
Washington, D.C. 20006
202/452-7676
June 30, 1976
Honorable Mary Louise Smith
HAND DELIVERED
Chairman, Republican National Committee
310 First Street, S.E.
Washington, D. C. 20003
Dear Mrs. Smith:
In recent days, as you know, we have sought to obtain
equitable treatment from the Republican National Committee
regarding rooms and convention tickets at the Republican
National Convention for Citizens for Reagan, the official
presidential campaign organization of Ronald Reagan. Because
we have been unable to obtain equal treatment through amicable
negotiations, Citizens for Reagan is insisting that the
Republican National Committee fully comply with its legal
obligation, under 26 U.S.C. Section 9008 (c), to stage a
national convention that does not benefit any Republican
candidate for the nomination in any way over any other
candidate.
As you, of course, know, this year for the first time the
national convention of our party is fully funded by the tax-
payers. Through a system of equal payments to both major parties,
a public decision has been made to take the funding of this part of
the nominating process out of private hands. In so doing,
however, the legal mandate is clear: the convention shall
not be a vehicle to advance the candidacy of any one person
over another.
In Federal Election Commission Advisory Opinion - 1975 -
72, which you requested, the Federal Election Commission dealt
with the problem of a political party benefiting only one
candidate for its nomination. In that Advisory Opinion, the
Commission found that it would be presumed an impermissible
campaign contribution to pay Mr. Ford's travel to party events
after January 1, 1976. Before that date the Commission noted:
"7I/ n the period prior to January 1, 1976, / during
which the Republican National Committee paid over
Citizens for Reagan - Senator Paul Laxalt. Chairman Henry M Buchanan, Treasurer
A copy of our report is filed with and available for purchase from the Federal Election Commission. Washington, D.C. 20463
Mrs. Smith
June 30, 1976
Page two
three hundred thousand dollars in Ford travel
expenses/ the RNC will accord equitable treat-
LIBRARY GERALD R. FORD
ment to all of its presidential candidates.
it
40 Fed. Reg. 56589 (1975).
If the Republican National Committee is going to do some-
thing for one candidate, it must do it for every candidate for
that same office.
Our committee is concerned about preferential treatment
given by the convention managers and the Republican National
Committee to the White House and, therefore, to the Ford
Committee. The allocation of a quota of rooms and passes
to the White House is grossly improper. Currently, 388 hotel
rooms are allocated to the Ford campaign and White House, while
only 100 rooms are allocated to the Reagan campaign. The Ford
groups have received 650 gallery passes, while the Reagan
campaign has received only 300. We must demand absolute numerical
equality in all of these areas.
The White House and the incumbency have no proper role
in this convention. Any special functional role granted to the
White House officially recognizes a serious misuse of govern-
ment funds and the incumbency by the Ford campaign.
I recognize that these are strong words, but they express
deep concerns for a fair and honest convention. I am having
this letter hand-delivered so we may resolve this matter this week.
I will call you at 11:00 A.M. Friday hoping that this matter
can be resolved. If we do not reach a mutually acceptable
solution at that time, then I'm afraid we will have no recourse
but to initiate litigation or complaint proceedings before
the Federal Election Commission.
Sincerely,
Lora a.Smith
Loren A. Smith
General Counsel
CC: Honorable Ody J. Fish, Vice Chairman
Arrangements Committee, Republican National Committee
William C. Cramer, Esq., General Counsel
Republican National Committee
Robert P. Visser, Esq., General Counsel
President Ford Committee
GOP Race: News
Rilew
N-5
FORD & 0ERALD LIBRARY
Demands by Reagan Campaign for More
Convention Hotel Rooms, Passes Denied
BY PAUL HOUSTON
of tickets and rooms are campaigning
both sides, Laxalt said: We could
Times Staff Writer
for Mr. Ford and have played an im-
take the fight to the (convention)
portant campaign role."
floor but we don't want it to come to
WASHINGTON-Republican Na-
tional Chairman Mary Louise Smith
Smith appealed for help from the
that."
gave a firm brush-off Friday to de-
Federal Election Commission, which
Smith, in his letter to the FEC, said
mands by the Ronald Reagan cam-
administers full federal funding of
his complaints centered on another
paign for more hotel rooms and spec-
the Republican and Democratic na-
example of the "questionable uses of
tator passes at next month's GOP na-
tional conventions.
the power of the incumbency." The
1 sking the for public
Los Angeles Times, 7/6/76
July 15, 1976
MEMORANDUM
FORD is LIBRARY GERALD
TO: Rog Morton
Stu Spencer
Jim Baker
Senator Robert Griffin
FROM: Bob Visser
Tim Ryan
(76))
RE: Ronald Reagan Complaint
(MUR
This is to advise you that the Federal Election
Commission has written a letter to Loren Smith, General
Counsel to the Citizens for Reagan Committee, rejecting
their request for a public hearing on the issues raised
by Mr. Smith's letter, dated July 2, 1976, a copy of which
is attached for your information. The FEC suggested that
the Citizens for Reagan Committee follow the new informal
compliance procedures and file a verified complaint if
they wish to pursue this matter further.
I have also been informed that Jack Murphy, General
Counsel for the FEC, considers the general allegations in
Mr. Smith's letter to be an "intra-party fight" in which
the FEC should not become involved.
CITIZENS FOR REAGAN
1835 K Street N.W.
Washington, D.C. 20006
202/452-7676
July 2, 1976
FORD is LIBRARY BERALD
The Honorable* Vernon W. Thomson
Chairman
Federal Election Commission
1325 K. Street, N.W.
Washington, D.C. 20463
Dear Mr. Chairman:
On March 12, 1976, Citizens for Reagan sent a letter to the
Commission calling for "An immediate investigation" of Secretary Kissinger's
political activities on behalf of the Ford campaign. We hoped the
Commission would look into the broad question of "the use of government
powers for clearly partisan campaign purposes.' We viewed this problem
as "the greatest danger facing the current election laws,' and therefore
urged the Commission to "act on this matter immediately.
On May 13, 1976, the Public Citizen Litigation Group filed a memo-
randum of law with the Commission supporting the legal basis of our
request. Since that date more and more questionable uses of the power of
the incumbency and the resources of government by the Ford administration
have come to our attention. We feel that these actions endanger our free
political system and raise the specter of the abuses that the new election
law was supposed to prevent.
We have noted numerous cases of Ford White House staff who are
listed as reimbursed only for campaign travel on the Ford Committee's
reports. Does this mean that their efforts and services can be used
with impunity to promote Mr. Ford's election campaign while the taxpayer
picks up the tab? Are these in-kind cont butions of staff time allowed
to escape all financial disclosure and remain unfettered by the contribu-
tion and expenditure limitations that bind all other presidential
candidates?
Apparently, the Ford Committee has been financing much of its
travel via government credit. While our committee has paid in advance
over $800,000 for our candidates chartered airplanes, the Ford Committee
reports a much lower rate of payment for their campaign travel (less
than $100,000 for Air Force One travel to date and helicopter charges as
low as $11.54 per trip); and these were billed on a credit basis
providing immeasurable assistance to his campaign during the period
when matching funds were not available. It would appear from the record
Citizens for Reagan Senator Paul Laxalt Chairman Henry M Buchary
A copy of our report is filed with and available for purchase from the Federal Election Common
-2-
that while White House political press travel is financed by the
government and uses government employees for arrangements, the other
candidates must finance for as long as three months their press travel
expenses and hire employees to plan and coordinate the trips. Only
- limited reimbursements for extensive campaign travel by various cabinet
fficials and holders of high administrative positions are apparent on
the Ford Committee's reports. Given the unusually low charges for
White House travel when compared to other campaigns, full disclosure
of all political travel by the First Family should be required to give
an equitable measure of benefits.
As the campaign spending limits close in on all the candidate's
campaigns, the potential of government "fringe benefits" available to
an incumbent President become even more significant and must be carefully
monitored by the Federal Election Commission to insure that the spirit
and the letter fo the Federal Election Law is carried out. The spending
limitation would otherwise begrossly unfair under our system. This
is especially amplified in the setting of this campaign which is so
close that virtually all political commentators agree it is too close
to call.
On Wednesday of this week, our committee delivered the attached
letter (Appendix A) to the Chairman of the Republican National Committee.
It was motivated by what to us is not only a further abuse, but by what
is an outrageous political advantage in a contest where even a slight
political advantage might be critical.
On the basis of the public record, it appears that the Ford campaign
is contemplating the massive use of White House personnel and resources
at the Republican National Convention in Kansas City. The White House
above and beyond the Ford Committee has been allocated 288 rooms and
450 gallery passes to the convention. In other words, it would appear
that the White House is planning to bring almost 3 times the number of
personnnel to Kansas City as the amount that they are officially
planning to report under their Ford Committee budget.
In running against an incumbent, one must expect to run against the
normal advantages of the incumbency; the promises of Federal projects,
contracts and benefits, the distribution of federal appointments and jobs
in primary states immediately before the election, and the ability to
use White House dinners and facilities to WOO party officials and
delegates. We make no complaints about e practices; good, bad, legal
or questionable, they are all part of a long established game.
However, we must draw the line somewhere. When the White House staff,
paid by the taxpayers, is massively used as an adjunct to the Ford
Committee, this is improper in the worst sense. This strikes at the
heart of fair elections. When the President can travel via government
means for the entire campaign at a cost that would not total two full
weeks outlay for air travel for other candidates and do it on credit,
something is very wrong.
We are hoping the Commission would realize the seriousness of these
facts and the urgency of doing something in light of the approaching
Republican National Convention, now only 6 weeks away. So far, to our
knowledge, nothing has been done. I, therefore, respectfully request a
-3-
special and public Commission meeting to deal with this problem during
the week of July 6-9, 1976. This meeting should be public since the
overriding question is one of basic legal principal: Does an incumbent
have a legal right to use staff and the resources of this public office
to promote his campaign? Do such uses constitute contributions and
expenditures which must be disclosed? Once these legal questions are
resolved, we understand that the normal executive session compliance
procedures are mandated.
If the Commission chooses not to act, such refusal constitutes a
denial of any relief to our committee. Additionally if the
Commission takes no action, then we must assume it has chosen to exercise
its exclusive primary jurisdiction under 2 U.S.C. Section 437c (b) (1) in
a negative way. In view of the critically short time, our remedy must
then be left to the Judiciary.
Sincerely,
Loris
Loren A. Smith
General Counsel
LAS:ac
CC: All Federal Election Commissioners
The Honorable Mary Louise Smith
CITIZENS FOR REAGAN
1835 K Street N.W.
Washington, D.C. 20006
202/452-7676
HAND DELIVERY
July 2, 1976
The Hon. Mary Louise Smith
Chairman, Republican National Committee
310 First Street, S.E.
Washington, D.C. 20003
Dear Mrs. Smith:
Thank you for promptly responding to my letter of the
30th.
I have read your letter with some care and think I fully
understand your position. However, I must respectfully reject the
position you have taken because I deeply believe it is unfair and
improper. I regret having to take this position; but our campaign
must be dealt with fairly, the integrity of the political process,
of our party and of our nomination all depend upon it.
Your letter talks in terms of "not realistic", "necessity"
and "political decision-making. " You mention several recent court
decisions. However, the fundamental issue is none of these things.
We are dealing with a simple matter of fairness; fundamental and real
fairness.
I am sure you realize the very administration officials you
indicated as the recipients of tickets and rooms are campaigning for
Mr. Ford and have played an important campaign role. If they are
allotted these things the truth is that
Ford campaign receives
them.
Unfortunately, I can read your letter in no other way than
saying: 'we will provide no remedy and no other authority has the
power to make us. We must therefore send the attached letter to the
Federal Election Commission.
Sincerely,
Loan Loan Smith
Loren A. Smith
General Counsel
Citizens for Reagan - Senator Paul Laxalt Chairman Henry M Buchanar Tro isurer
A copy of our report is filed with and available for purchase from the Federal Election Commission Washington DC 2043
Republican -
National
Committee.
Mary Louise Smith
Chairman
July 2, 1976
Loren A. Smith, Esquire
General Counsel
Citizens for Reagan Committee
1835 K Street, N. W.
Washington, D. C. 20006
Dear Mr. Smith:
This will acknowledge your letter of June 30 with respect to the decisions
made by the Committee on Arrangements for the Republican National Convention
for 1976 and ratified by the Republican National Committee at its meeting on
June 25, 1976. You allege that the Citizens for Reagan Committee has "been
unable to obtain equitable treatment" relating to allotment of rooms and
Convention guest tickets at the Republican National Convention for Citizens
for Reagan.
The Committee on Arrangements for the Republican National Committee did meet
and had a full discussion of this matter on Thursday of last week. At that
time the Citizens for Reagan Committee position was fully debated and
discussed, and a decision was made by the Arrangements Committee and con-
firmed by the Republican National Committee on Friday, June 25. That
decision followed traditional procedures relating to pre-Convention decision
making, consistent with past precedents in relation to prior conventions.
The Committee on Arrangements and the National Committee apparently, by its
action, has made its best efforts towards being fair and impartial with
regards to rooms and guest tickets, the two issues raised in your letter.
As I am sure you know, the Committee on Arrangements did, upon consideration
of the appeal of the Citizens for Reagan Committee, increase the number of
seats allocated to your Committee by 100, roviding 300 guest passes for the
Citizens for Reagan Committee and 200 passes for the President Ford Committee.
The Committee also provided 450 guest passes for the Administration which
includes the Vice-President, Cabinet officers, foreign dignitaries, inde-
pendent agencies, and the personnel who traditionally and of necessity must
be present wherever the President appears.
Dwight D. Eisenhower Republican Center: 310 First Street Southeast, Washington, D.C. 20003. (202) 484-6500.
Loren A. Smith, Esquire
Page Two
July 2, 1976
Relating to the allotment of rooms, this, likewise, was decided by the
Committee on Arrangements. And as I understand it further, the Citizens
for Reagan Committee specifically requested to be housed with the
California delegation in the Alameda Plaza Hotel and specifically asked
for 100 rooms for the Citizens for Reagan Committee, which was granted.
The President Ford Committee got 100 rooms, the Administration, 288.
These decisions were made after full consideration by the proper Committees.
As Chairman, as I am sure you can appreciate, I have to give proper
recognition to decisions that have been properly made through the Committee
procedures, and ratified by the Republican National Committee.
I believe this to be a matter of political decision-making coming within
the purview of recent Supreme Court decisions, including Cousins VS. Wiooda
and Ripon VS. RNC as examples, which clearly permit a Party to make decisions
of this nature with respect to the conduct of the Convention. I believe the
action taken and the procedures followed are consistent with the law as well
as the authority of political parties to make such decisions relating to
their respective Conventions.
I understand that these matters have been under negotiation with the Committee
on Arrangements for some time and, as you know, a final decision has to be
made at some point. It is my opinion that the logical decision-making time
was last week's meeting of the Convention Arrangements Committee and the
Republican National Committee.
In reference to your suggestion that the Administration should not receive
guest tickets or rooms in addition to those allotted to the President Ford
Committee, this obviously is not realistic, in that there is a Republican
administration which is entitled, and consistent with precedent has always
been entitled, to recognition at the National Convention. I believe this
is sustained by the tenor of the Advisory Opinion that you cited, 1975-72,
which was requested by the Republican National Committee. In that opinion
the Federal Elections Commission clearly recognizes that Administration
personnel have official as well as Party functions that may be carried on,
and are expected to be carried on, which of necessity differentiates the
activities of the Administration from t of the President as a candidate.
Additionally, I would like to point out that in other areas as well our
arrangements with the President Ford Committee and the Citizens for Reagan
Committee have been totally equitable and impartial. I would note specifically
the assignment of an equal number of floor passes, assignment and location
of trailers for the candidates, and assignment and location of sky suites in
Kemper Arena.
Loren A. Smith, Esquire
Page Three
July 2, 1976
This matter has been given my full and serious consideration. If there
are any additional questions which you may have with regard to conforming
with requirements of federal funding of conventions, objections of the
Federal Election Campaign Act and other matters of a legal nature, I
suggest that you confer with counsel for the Republican National Committee,
William C. Cramer.
Very truly yours,
Mary Louise Smith
August 4, 1976
FORD & BERALD LIBRARY
Richard E. Hill, Esquire
Steptoe & Johnson
1250 Connecticut Avenue, N. W.
Washington, D. C. 20036
Dear Dick:
Pursuant to our telephone conversation, enclosed please
find pertinent correspondence regarding the Citizens for Reagan
campaign committee complaint alleging that the President Ford
Committee has received preferential treatment regarding the
assignment of fooms and convention tickets at the Republican
National Convention.
Best regards.
Sincerely,
Robert P. Visser
General Counsel
RPV: dm
Encls.