Ask the Scholar

{
    "localId": "1562997",
    "label": "Federal Election Campaign Act Amendments of 1974",
    "core": "doc",
    "dtoType": "document",
    "citationUrl": "https://catalog.archives.gov/id/1562997"
}

{
    "id": "1562997",
    "sourceUrl": "https://catalog.archives.gov/id/1562997",
    "contentType": "document",
    "title": "Federal Election Campaign Act Amendments of 1974",
    "citationUrl": "https://catalog.archives.gov/id/1562997",
    "collections": [
        "John O. Marsh Files (Ford Administration)",
        "John Marsh's General Subject Files"
    ],
    "subjects": [
        "Legislation",
        "Political reform"
    ],
    "iiifBase": "https://s3.amazonaws.com/NARAprodstorage/opastorage/live/97/5629/1562997/content/library/document/0067/1562997.pdf",
    "thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/opastorage/live/97/5629/1562997/content/library/document/0067/1562997.pdf",
    "largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/opastorage/live/97/5629/1562997/content/library/document/0067/1562997.pdf",
    "imageCount": 1,
    "hasImages": true,
    "source": "import",
    "hasTranscription": false
}

{
    "url": "https://catalog.archives.gov/id/1562997",
    "naId": 1562997,
    "coverageEndDate": {
        "logicalDate": "1974-08-31",
        "month": 8,
        "year": 1974
    },
    "coverageStartDate": {
        "logicalDate": "1974-08-01",
        "month": 8,
        "year": 1974
    },
    "levelOfDescription": "fileUnit",
    "recordType": "description",
    "ocrSource": "nara-archive"
}

{
    "seq": 1,
    "pageIndex": 0,
    "type": "document",
    "url": "https://s3.amazonaws.com/NARAprodstorage/opastorage/live/97/5629/1562997/content/library/document/0067/1562997.pdf",
    "mediaId": "470a157dba3f30cf",
    "ocrText": "The original documents are located in Box 16, folder \"Federal Election Campaign Act\nAmendments of 1974\" of the John Marsh Files at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nDigitized from Box 16 of the John Marsh Files at the Gerald R. Ford Presidential Library\nTA ONE\nTarone will check\nhis office for a copy-\nin none available 4\nwill set another\nsel - Phil B. will\nadvise that\nall net really had\nwere the public reporting\ndocuments requed\nA. Michael\nTARONe\nOUTLINE OF FEDERAL ELECTION\nCAMPAIGN ACT AMENDMENTS OF 1974\nI. CRIMINAL CODE AMENDMENTS\nA. Limitations On Contributions To Candidates For Election To Federal Office\n1. Individuals are limited to contributing $1,000 to a candidate for\nfederal office in any election.\n2. A political committee (except for the principal campaign committee)\nis limited to contributing $5,000 to any candidate for federal office\nin any election.\n3. National committee of a political party is limited to contributing\n$5,000 to any candidate for federal office except when it serves\nas the principal campaign committee for a candidate for office\nof President.\n4. A \"political committee\" means an organization registered as a\npolitical committee under Section 303 of Federal Election\nCampaign Act of 1971 for a period of not less than 6 months\nand has received contributions from more than 50 persons and,\nexcept for any state political organization, has made contri-\nbutions to five or more candidates for state office.\na. Registration of political committee under Section 303 means\nfiling with the supervisory officer if the committee anticipates\nmaking contributions or expenditures in an aggregate amount\nexceeding $1,000. There are eleven factual parts of the\nstatement of organization which is filed.\n5. No individual may make contributions which in the aggregate exceed\n$25,000 in any calendar year If the contribution was made in\nany'other calendar year but was intended to be used in the\noriginal calendar year, it is counted against the total in\nthe original calendar year.\n6. Contributions made to a political committee which is authorized in\nwriting to accept contributions on behalf of the candidate are\nconsidered contributions to the candidate.\n7. Contributions made to the candidate for Vice President are considered\nto be contributions to the candidate for President of the same\npolitical party.\n8. Limitations on individuals contributing $1,000 and political\ncommittees contributing $5,000 apply separately to each election\nexcept that all elections in any one year for President count as\none election (all primaries and the general count as one).\n9. Any contributions which are given to an intermediary and then to a\ncandidate are considered to be contributions from the person who\ngave it to the intermediary and the intermediary must report the\noriginal source and the intended source to the Commission and\nthe intended source.\n10. A candidate for President is limited to spending $10,000,000 in\nseeking the nomination for office (i.e., primaries and convention\nspending) except that the aggregate of expenditures in any one\nstate shall not exceed twice the expenditure limitation in such\nstate applicable to a candidate for nomination for election for\nOffice of Senator, Delegate or Resident Commissioner (i.e., candidate\nfor President cannot spend more than twice as much in the primary as\na candidate for Senator could in the Senatorial primary or nomin-\nating convention).\n11. A candidate for office of President is limited to spending\n$20,000,000 in the general election (no limitation on what can\nbe spent in each state).\n12. A candidate for office of Senator or for Representative in a state\nwith only one Representative is limited to spending in the primary\nor nominating convention or a runoff, if necessary, the greater of:\na. 8 cents multiplied by the voting age population of the state, or\nb. $100,000.\n13. A candidate for office of Senator or for Representative in a state\nwith only one Representative is limited to spending in the general\nelection the greater of:\na. 12 cents multiplied by the voting age population of the state, or\nb. $150,000.\n14. A candidate for nomination for election or for election to office of\nRepresentative in a state with more than one Representative, Delegate\nfrom D.C., or Resident Commissioner is limited to spending $70,000\n($70,000 can be spent in parimary, $70,000 in runoff and $70,000 in\ngeneral).\n15. A candidate for nomination for election or for election to office of\nDelegate from Guam or Virgin Islands is limited to spending $15,000\n($15,000 in primary and $15,000 in general).\n16. Expenditures made by or on behalf of a candidate for Vice President\nare considered to be expenditures by or on behalf of the candidate\nfor President of the same political party.\n17. An expenditure is made on behalf of a candidate if it is made by an\nauthorized committee of the candidate or any person authorized by\nthe candidate, an agent of the candidate, or an authorized committee\nof the candidate, to make an expenditure.\n18. Rules will be prescribed by the Commission to spell out\nan equitable distribution when a candidate makes an\nexpenditure in a primary which affects two ore more states.\nThe basis of the rules will be the number of voting age\npeople who can be reasonably expected to be reached by the\nexpenditure.\n19. The limitations on expenditures will increase at the beginning\nof each year by the per centum difference between the price\nindex for the base year (1974) and the price index for the\njust completed calendar year (this whole process does not begin\nuntil 1976).\na. Price index means the average over a calendar year of the\nConsumer Price Index published monthly by the Bureau of\nLabor Statistics.\n20. A person cannot make an expenditure on behalf of a candidate which,\nwhen added together with all other expenditures made by the person\nduring the year advocating the election or defeat of such candidate,\nexceeds $1,000.\na. Clearly identified means:\n(1) candidate's name appears\n(2) photograph or drawing of candidate appears\n(3) identity of candidate is apparent by unambiguous\nreference.\nb. Expenditure does not include payments made or incurred by a\ncorporation or labor organization on behalf of a candidate\nwhich are not prohibited by 18 U.S.C. $610, such as:\n(1) Communications by a corporation to its stockholders and\ntheir families and by a labor organization to its members\nand their families.\n(2) Non-partisan get-out-the-vote activity by a corporation\nor a labor organization aimed at stockholders or members\nand their families.\n(3) Establishment and administration of a separate, segregated\nfund to be utilized for political purposes by a corporation\nor a labor organization.\nB. Expenditures\n1. National committees of political parties and state committees, includiv\nany subordinate committees of a state committee, may make expenditures\nin connection with the general election campaign of candidates for\nfederal office as follows:\na. National committee of a political party may not make\nexpenditures in excess of 2 cents times the voting age\npopulation on behalf of the party's candidate for President.\nThis expenditure is in addition to any expenditure made on\nbehalf of the presidential candidate by the national\ncommittee while the national committee is serving as the presi-\ndential candidate's principal campaign committee.\nb.\nNational committee or a state committee, including any subordinate\ncommittee of the state committee, may not make an expenditure in\nthe general election on behalf of that party's candidate for\nfederal office which exceeds:\n(1) For the office of Senator or Representative in a state with\nonly one Representative, the greater of 2 cents multiplied\nby the voting age population of the state or $20,000;\n(2) For the office of Representative, Delegate or Resident\nCommissioner, $10,000.\n2. During the first week of January 1975 and each subsequent year,\nSecretary of Commerce shall certify to the Federal Elections\nCommission and publish in the Federal Register an estimate of\nthe voting age population of the U.S., of each state and of each\nCongressional district as of the first day of July next preceding\nthe date of certification.\na. Voting age population means resident population, 18 years\nof age or older.\nC. Violations\n1. No candidate or political committee may knowingly accept a contribution\nor make an expenditure in violation of 18 U.S.C. $608.\n2. No officer or employee of a political committee may knowingly accept\na contribution or make an expenditure in violation of the limitations\nset by the Act.\n3. Any person who violates any provision of 18 U.S.C. $608 may be fined\nnot more than $25,000 or imprisoned for not more than one year or both.\nD. Limitations on expenditures from candidates' personal funds\n1. No candidate can make expenditures from his personal funds or those\nof his immediate family in connection with the candidate's nomination\nfor election or election to federal office which are in excess of\nthe following:\na. $50,000 in case of candidate for President\nb. $35,000 in case of candidate for Senator or Representative from\nthe state with only one Representative\nc. $25,000 from candidate for Representative in state with more than\none Representative or Delegate or Resident Commissioner.\n2. If an expenditure is made in a calendar year other than the\ncalendar year in which the election is held, it is considered\nto have been made in the election year.\n3. No candidate or his immediate family may make advances or loans\nto the candidate from the candidates or the immediate family's\npersonal funds unless there is a written instrument disclosing\nthe terms and conditions of the advance of the loan.\n4. For purposes of the expenditure limitation for candidates and\ntheir immediate families, only the amount of the advance or loan\noutstanding will be counted.\n5. Any outstanding campaign debt incurred by a candidate prior to\nDecember 31, 1972 may be satisfied by a candidate or his immediate\nfamily out of his or his immediate family's personal funds.\n6. Immediate family means a candidate's spouse, any children, parent,\ngrandparent, brother or sister of the candidate, and the spouses\nof such persons.\nE. Contributions By Foreign Nationals\n1. The prohibition against contributions by agents of foreign principals\nis changed to prohibit contributions by foreign nationals.\n2. A foreign national is defined by section (b) of the Foreign Agents\nRegistration Act of 1938 (22 U.S.C. $611(b)) except that foreign\nnational shall include any individual who is a citizen of the\nUnited States.\n3. A foreign national is also an individual who is not a citizen of the\nU.S. and who is not lawfully admitted for permanent residence as\ndefined by 8 U.S.C. $110(a) (20).\nF. Penalties For Illegal Contributions or Expenditures By\nNational Banks, Corporations or Labor Organizations\n1. An illegal contribution or expenditure by any of the above may be\npunishable by a fine of not more than $25,000.\n2. A willful violation of the contribution and expenditure limitations\nby any of the above or any director or officer who consents may be\npunishable by a fine of not more than $50,000 or imprisonment of not\nmore than two years or both.\nG. Penalties for Illegal Contributions of Government Contractors\n1. Violation of prohibition against contributions or expenditures by\ngovernment contractors shall result in a fine of $25,000 or five\nyears imprisonment or both.\n-5-\nH. Penalties for Illegal Contributions By Foreign Nationals\n1. Violation of prohibition against contributions or expenditures\nby foreign nationals shall result in a fine of $25,000 or five\nyears imprisonment or both for the individual who knowingly\nsolicits, accepts or receives contributions from a foreign\nnational.\nI. Prohibition Against Contributions in the Name of Another\n1. No person shall make a contribution in the name of another person or\nknowingly permit his name to be used to effect such a contribution or\naccept a contribution knowing that it is made in the name of another\n2. Violation of this prohibition shall result in a fine of\nnot more than $25,000 or one year imprisonment or both.\nJ. Limitations on Contributions of Currency\n1. No person may make a contribution in the currency of the U.S. or the\ncurrency of a foreign country to a candidate for nomination for\nelection or for election to federal office which exceeds $100\n2. Any person who violates this currency prohibition shall be fined\nnot more than $25,000 or imprisoned not more than one year\nor both.\nK. Acceptance of Excessive Honorariums\n1. An elected or appointed officer or any employee of any branch of\nthe Federal government may not accept an honorarium for any\nappearance, speech or article which exceeds $1,000 excluding\nexpense for travel and subsistence expenses.\n2. The above officials may not accept honorariums which exceed\n$15,000 in any calendar year.\n3. Violation of this prohibition is punishable by a fine of not less\nthan $1,000 nor more than $15,000.\nL. Fraudulent Misrepresentation of Campaign Authority\n1. Any candidate for federal office or an employee or agent of the\ncandidate is prohibited from fraudulently misrepresenting himself\nor any committee or organization under his control as speaking,\nwriting or acting on behalf of another candidate or political party,\nagent or employee on a matter which is damaging to the other candidate,\npolitical party or employee or agent thereof. Furthermore, willfully\nand knowingly participating or conspiring in such a scheme is prohibite\n-6-\n2. Violation of this prohibition is punishable by a fine of not more\nthan $25,000 or imprisonment of not more than one year or both.\nM. Changes in Criminal Code Definitions\n1. Election is defined as a:\na. General, special, primary or runoff election\nb. Convention or caucus of a political party held to nominate a\ncandidate\nc. Primary election held for selection of delegates to a national\nnominating convention of a political party\nd. Primary election held for expression of preference for nomination\nof persons for election to office of President.\n2. Political committee is defined as any committee, club, association\nor other group of persons which receives contributions or makes\nexpenditures during a calendar year in an aggregate amount\nexceeding $1,000.\n3. Contribution is defined as:\na. Gift, subscription, loan, advance or deposit of money or anything\nof value made for the purpose of influencing the nomination for\nelection or election of any person to federal office or for the\npurpose of influencing the result of a primary held for the\nselection of delegates to a national nominating convention of\na political party or for the expression of a preference for the\nnomination of persons for election to office of President.\nb. A contract, promise, agreement whether or not legally enforceable\nto make a contribution for the above purposes.\nc. Funds received by a political committee which are transferred to\nsuch committee to another committee or other source.\nd. Payment, by any person other than a candidate or a political\ncommittee, of compensation for personal services of another\nperson which are rendered to such candidate or political committee\nwithout charge for any such purpose.\ne. Definition of contribution does not include:\n(1) Value of services provided by individuals without compensation\nvolunteers\nwho volunteer a portion or all of their time on behalf of a\ncandidate or political committee\n-7-\nCampaign\n(2) Use of real or personal property and the cost of\ndinners\ninvitations, food and beverages, voluntarily provided\nby an individual to a candidate in rendering voluntary\npersonal services on the individual's premises for\ncandidate-related activities.\nfood and\n(3) Sale of any food or beverage by a vendor for use in a\nbeverages\ncandidate's campaign at a charge less than the normal\ncomparable charge, if such charge is at least equal\nto cost for such food or beverage to vendor.\ntravel\n(4) Any unreimbursed travel expenses made by an individual\nexpense\nwho on his own behalf volunteers his personal services\nto a candidate.\nslate\n(5) Payment by state or local committee of a political party\ncards\nof costs of preparation, display or mailing or other dis-\ntribution incurred by such committee with respect to a\nprinted slate card or sample ballot or other printed\nlisting of 3 or more candidates for any public office\nfor which any election is held in the state in which such\ncommittee is organized except that this exception shall\nnot apply in the case of costs incurred by such committee witl\nrespect to a display of any such listing made on broadcasting\nstations, or in newspapers, magazines or other similar types\nof general political advertising.\n(6) Cumulative activites by any individual in campaign\ndinners, food and beverage; and travel expenses\ncannot exceed $500 for any one election.\n-8-\n4. Expenditure is defined as:\na. Purchase, payment distribution, loan, advance, deposit\nor gift of money or anything of value made for the purpose\nof influencing the nomination for election or election\nof any person to Federal office or for the purpose of influ-\nencing the results of a primary held for the selection\nof delegates to a national nominating convention of a\npolitical party or for the expression of a preference\nfor the nomination of persons for election to the office\nof President of the United States.\nb. A contract, promise, or agreement, express or implied,\nwhether or not legally enforceable to make any expenditure.\nc. Transfer of funds by a political to another political\ncommittee.\nd. Exceptions to definition of expenditure.\nEditorials\n(1) Any news story, commentary or editorial distributed\nthrough the facilities of any broadcasting station,\nnewspaper, magazine or other periodical publications unless\nsuch facilities are owned or controlled by any political\nparty, political committee or candidate.\nNonpartisan get-out-\n(2) Nonpartisan activity encouraging individuals to\nthe vote activity\nregister to vote or to vote.\nCommunications to\n(3) Any communication by any membership organization\norganization\nor- corporation to its members or stockholders, if such\nmembers\nmembership organizations is not organized primarily for\npurposes of influencing nomination for election or\nelection to any person to Federal office.\nTravel expenses\n(4) Any unreimbursed payment for travel expenses\nmade by an individaul who on his own behalf volunteers\nhis personal services to a candidate.\nCampaign dinners\n(5) Use of real or personal property and cost of\ninvitations, food and beverages, voluntarily provided\nby an individual to a candidate in rendering voluntary\npersonal services on the individual's residential\npremises for candidate related activities.\nNon-election\n(6) Any communication by any person which is not made\ncommunications\nfor the purpose of influencing the nomination for election,\nor election of any person to Federal office.\nSlate cards\n(7) Payment by a State or local committee of a political\nparty of costs of preparation, display or mailing or other\ndistribution incurred by such committee with respect to a\nprinted slate card or sample ballot or other printed listing\n-9-\nof 3 or more candidates for any public officer for\nwhich such committee is organized except that this\nclause shall not apply in the case of costs incurred\nby such committee with respect to a display or any\nsuch lisitng made on broadcasting stations or in news-\npapers, magazines or other similar types of general public\nadvertising.\nFund-raising\n(8) Costs incurred in soliciting contributions but these\ncosts\ncosts cannot exceed 20% of amount of candidate's ex-\npenditure limitation.\nFund-raising\n(9) Costs incurred by a political committee with respect\ncosts of\nto soliciting contributions for the political committee\npolitical\nexcept that this exemption does not apply to costs\ncommittees\nincurred with respect to solicitation of contributions\nmade through broadcasting stations, newspapers, magazines,\noutdoor advertising facilities and other types of general\npublic political advertising.\n(10) Travel expenses and campaign dinner exemptions cannot\ncumulatively exceed $500 with respect to any election.\n5. Political party is defined as any association, committee or\norganization which nominates a candidate for election to any\nFederal office whose name appears on the election ballot as the\ncandidate of such association, committee or organization.\n6. State committee is defined as the organization which by virtue\nof the by-laws of a political party is responsible for the day-to-\nday operation of such political party at the State level, as\ndetermined by the Federal Elections Commission.\n7. National committee is defined as the organization which by\nvirtue of the by-laws of the political party is responsible for\nthe day-to-day operation of the political party at the national\nlevel.\n8. Principal campaign committee is defined as the principal\ncampaign committee ignatedby the candidate.\nN. Addition to Section on Prohibition of contributions by Government\nContractors.\n1. Corporation or labor organization may establish a separate\nfund for the purpose of influencing the nomination for election or\nthe elction of any person to Federal office even if corporation\nor labor organization is a government contractor.\nO. Effect on State Law.\n1. Federal criminal code provisions relating to elections and political\nactivities supersede and prempt any provision of State law with respect\nto election to Federal office.\nA. Michael\nWir\nTarml\nAndmot\n+\n/\n- sure if to Jon m other office-\nrattery fat document\nbound of off color- 1\nabout 1/2\" thick\n1\n-he - got it from Mille tarone\n* Study that nike roluntered\nto make - M the Pres. was soing\nto Grand hapids as a company\nactivity, are 7 the Dem. challengers\ncould say it myst be\n2), 1)\n3/ Batsey\nGERALD = FORD\n4) Aander\nTHE WHITE HOUSE\nWASHINGTON\nAugust 30, 1974\nMEMORANDUM FOR:\nANNE ARMSTRONG\nDEAN BURCH\nBOB HARTMANN\nJOHN MARSH\nBILL TIMMONS\nFROM:\nGEOFF SHEPARD\nAttached for your background information and in preparation\nfor Wednesday's meeting on campaign reform are copies both\nof Ken Cole's memo to the President requesting the meeting\nand the meeting paper itself.\nCC:\nGeneral Haig\nJerry terHorst\nKen Cole\n0020\nof\n800/00 1,000,000 good\n@op,ofe,co\n08/0/0\nTHE WHITE HOUSE\nWASHINGTON\nAugust 26, 1974\nMEMORANDUM FOR:\nTHE PRESIDENT\nFROM:\nKEN COLE\nSUBJECT:\nStrategy Meeting on Campaign\nReform\nWe need a strategy meeting with you to develop your Administration's position\non campaign reform before we lose the issue completely:\n:\nHouse and Senate conferees have been named, and the conference is\nexpected to begin soon after the Congressional recess.\n--\nAlthough the House and Senate versions differ substantially from\neach other, neither one is even close to the position which the\nAdministration submitted last March. (Bryce Harlow worked with\nyou and others in developing the position.)\n--\nRepresentative Hays has asked for a meeting with you in an attempt\nto strengthen his position in the conference. Rep. Frenzel, who\nheaded the Republican Task Force on Campaign Reform, has asked\nto see you before Hays.\n--\nThe Republican National Committee feels very strongly that the\nHouse version virtually guarantees the end of the Republican Party\nbecause of its limit on party activity and financing.\nThere are a series of individual questions on key issues which will define the\nparameters of what the Administration can support in terms of campaign reform,\nsuch as public financing, expenditure limits, donation limits, the role of the\npolitical party and the makeup of the proposed election commission. These items,\nhowever, must be decided in the context of the overall posturing as to who is\ngoing to take the blame for there being \"no campaign reform legislation after\nWatergate.\"\n-2-\nThere appear to be two available options for your Administration:\n--\nStrongly advocate the Administration-sponsored campaign reform\nlegislation (or something similar should you disagree with any of\nits specifics), do a series of speeches and meetings with executive\nand Congressional personnel to publicize your position and solidify\nRepublican support, and be prepared to veto any legislation which\ndoes not substantially conform to your position.\n:\nContinue to low-key the campaign reform issue and avoid taking a\nposition as long as possible with the hope that the conferees will\nnever be able to agree upon appropriate legislation, and Congress\nwill adjourn without receiving a Conference Report.\nTHE WHITE HOUSE\nWASHINGTON\nAugust 30, 1974\nMEETING ON CAMPAIGN REFORM\nWednesday, September 4, 1974\n2:00 p.m. (20 minutes)\nThe Cabinet Room\nFrom: Ken Cole\nI.\nPURPOSE\nTo discuss with senior staff the best position on the campaign reform issue.\nII.\nBACKGROUND, PARTICIPANTS & PRESS PLAN\nA.\nBackground: Conferees have been named for House and Senate versions\nof campaign reform legislation. Although the versions differ materially\nfrom each other, neither one is close to the legislation you help develop\nas Vice President. These differences are summarized at Tab A.\nB.\nParticipants:\nAnne Armstrong\nBob Hartmann\nDean Burch\nJohn Marsh\nKen Cole\nBill Timmons\nDomestic Council Staff: Geoff Shepard\nC.\nPress Plan: Announced event. Press photo.\nIII.\nSUGGESTED ITEMS FOR DISCUSSION\n1.\nAre there any of the areas analyzed at Tab A upon which the Adminis-\ntration should be willing to compromise?\n2.\nWhat should the posture of the President be with regard to the requested\nindividual meetings with Chairman Hays and Rep. Frenzel?\n3.\nAre there any statements or events which the President or other\nmembers of his staff should be engaging in now to better position\nthe President should he have to veto the legislation before November?\nELECTION REFORM LEGISLATION\nCOMPARATIVE ANALYSIS\n1.\nPublic Financing\nS. 3044 -- To be eligible for public financing in primary elections a House\ncandidate would have to raise contributions totalling $10,000; a Senate candi-\ndate the lesser of 20% of his expenditure limitation or $125,000; and a Presi-\ndential candidate $250,000, with not less than $5,000 in matchable contributions\nhaving been received from at least 20 states. Once having met the required\nthreshold, all additional dollar contributions not in excess of $100 ($250 for\nPresidential candidates) would qualify for matching Federal payments up to\nthe appropriate expenditure limitation. In the general election campaign, a\nmajor party candidate would be eligible to receive full public financing up to\nthe appropriate expenditure limitation. A minor party general election candi-\ndate would be eligible for proportionate public funding.\nH.R. 16090, which is limited to Presidential elections, would make existing\nPresidential Election Campaign Fund self-appropriating and would establish\nwithin the Fund a Presidential Primary Matching Payment Account. General\nelection Presidential candidates could draw up to $20 million from the fund.\nEach major party could draw up to $2 million from the fund to finance Presi-\ndential nomination conventions. Minor parties would receive proportional\npayments. Presidential primary candidates could receive payments from the\nMatching Payment Account in amounts equal to the amount of each contribution\nof $250 or less up to 50% of the appropriate expenditure limitation. Because\nthe size of the Fund would continue to depend on the tax check-off device, the\nMatching Payment Account would not be available until payments are first\nallocated to the funding of the general election campaign and the nominating\nconvention.\nS. 3261 (Administration proposal last March) No public financing. Relies\ninstead on timely and complete public disclosure of financing.\n2.\nContribution Limitations\nS. 3044 -- $3,000 on individual contributions to a candidate; $6,000 organiza-\ntion contributions to a candidate; $25,000 annually for individual contributions\nto all candidates. Primaries and general elections would be considered as one\ncampaign.\nH.R. 16090 -- $1,000 per election on individual contributions to a candidate;\n$5,000 per election on political committee contributions to a candidate; $25,000\non all contributions by any individual in any calendar year.\n-2-\nS. 3261 -- $3,000 per Congressional election, $15,000 per Presidential\nelection, on individual contributions; no individual could make a contri-\nbution to a political action group during a calendar year which, when added\nto the sum of all other contributions made by that individual during that\nyear, exceeds $25,000.\n3.\nExpenditure Limitations\nS. 3044 -- The following limitations apply to candidates accepting public\nfinancing. Congressional candidates would be limited in primary campaigns\nto an amount equal to 8¢ multiplied by the applicable voting age population,\nor $90,000, whichever is greater. Such candidates from one representative\nstates may use an alternative figure of $125,000. General election Congressional\ncampaigns would be limited by an amount equal to 12¢ per eligible voter or the\nsame $90,000 figure, whichever is greater. The alternative amount for general\nelection candidates from one-representative states would be $175,000. Presi-\ndential candidates would be subjected to state primary and general election\nlimitations equal to twice the limitation applicable to a Senatorial candidate\nfrom that state subject to an overall limitation for expenditures throughout the\nUnited States of 10¢ per eligible voter. The spending limits could be increased\nby a cost-of-living escalator.\nH.R. 16090 -- A Presidential candidate could spend no more than $10 million\nfor his nomination and $20 million in the general election campaign. A Senate\ncandidate would be limited to the greater of $75,000 or 5¢ a voter in each of\nthe primary and general elections. A House candidate could expend no more\nthan $60,000 in each of the primary and general elections. The spending limits\ncould be increased by a cost-of-living escalator.\nS. 3261 -- No expenditure limitations -- again relies on public disclosure.\n4.\nEnforcement Authority\nS. 3044 -- Would establish a Federal Election Commission independent of the\nexecutive branch composed of the Comptroller General (non-voting) and seven\nmembers appointed by the President by and with the advice and consent of the\nSenate of which two members not from the same party shall be chosen from\nrecommendations by the President pro tem upon the recommendations of the\nSenate majority and minority leaders and two members not from the same party\nshall be chosen from recommendations by the Speaker upon recommendations\nof the House majority and minority leaders. The Commission would have\ncomplete enforcement authority including the authority to prosecute election\nlaw criminal offenses.\n-3-\nH.R. 16090 -- Establishes, in addition to the existing supervisory officers,\na seven member Board of Supervisory Officers to be composed of the Secretary\nof the Senate, the Clerk of the House, the Comptroller General, two individuals\nnot of the same party appointed by the President of the Senate upon the recommen-\ndations of the Senate majority and minority leaders, and two individuals not of\nthe same party appointed by the Speaker upon the recommendations of the House\nmajority and minority leaders. The Senate and House appointees cannot be\nemployees of the executive, legislative, or judicial branch of government.\nAlthough the Attorney General would continue to supervise judicial enforcement,\nthe Board would be authorized to render advisory opinions and to monitor the\nprogress of cases referred to the Attorney General.\nS. 3261 -- Would establish an independent Federal Election Commission to be\ncomposed of the chairman of the national committees of the major political parties\n(non-voting) and five members appointed by the President with the advice and\nconsent of the Senate, no more than three of whom shall be from the same\npolitical party. Actual enforcement would be by the Attorney General.\n5.\nEffect on Republican Party of H.R. 16090\nThree items in the House bill combine to threaten the end of the Republican Party:\nthe $5,000 limit on donations it can give to any candidate (being treated just like\nany other special interest group); the optional $2 million public financing of\nnominating conventions is really mandatory because the bill also eliminates\nSection 276 (c) of the Tax Code which allows businesses to deduct ads in con-\nvention programs -- the present form of Republican convention financing; and\nthe proposed expenditure limits of $60,000 per race which virtually guarantees\nincumbent reelection and therefore continuance of the Democratic majority."
}