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This file contains:
From G. Gordon Liddy to Mitchell RE: the Federal Election Campaign Act of 1971. Copy of the act and various reports and proposals related to it attached. 112 pgs. [Subject: Campaign] [Memo], 3/7/1972
Form letter from Maurice Stans to potential RN suppoters RE: contributions to the Finance Committee for the Re-election of the President. Envelope, application, membership card, and return envelope included. 7 pgs. [Subject: Campaign] [Letter], no date
Form letter from Maurice Stans to potential RN suppoters RE: contributions to the Finance Committee for the Re-election of the President. Envelope, application, membership card, and return envelope included. 7 pgs. [Subject: Campaign] [Letter], no date
From Gergen to Strachan RE: an attached campaign form letter for mass mailing. 1 pg. [Subject: Campaign] [Memo], 3/13/1972
Form letter from Maurice Stans to potential RN suppoters RE: contributions to the Finance Committee for the Re-election of the President. 2 pgs. [Subject: Campaign] [Letter], no date
From Dent to Mitchell RE: Joel Broyhill and the Virginia Senate race. 1 pg. [Subject: Campaign] [Memo], 3/8/1972
From Dent to Haldeman RE: attached information. 1 pg. [Subject: Campaign] [Memo], 3/28/1972
From Wallace Henley to Dent RE: information from the National American Party on its convention and Wallace. 2 pgs. [Subject: Campaign] [Memo], 3/27/1972
From Dent to Haldeman RE: an attached document. 1 pg. [Subject: Campaign] [Report], 3/22/1972
From Brad E. Hainsworth to Dent RE: Jim Abourezk and a Gallup subsidiary poll conducted in South Dakota. 1 pg. [Subject: Campaign] [Memo], 3/22/1972
From Dent to Haldeman RE: attached information. 1 pg. [Subject: Campaign] [Memo], 3/13/1972
From Hainsworth to Dent RE: running Ben Reifel for Mundt's seat. 2 pgs. [Subject: Campaign] [Memo], 3/9/1972
From Dent to Haldeman RE: an attached document. 1 pg. [Subject: Campaign] [Memo], 3/13/1972
From Hainsworth to Dent RE: Reifel's announcement on whether or not he will seek election to the Senate. 1 pg. [Subject: Campaign] [Memo], 3/13/1972
From Dent to Haldeman RE: attached political information. 1 pg. [Subject: Campaign] [Memo], 3/22/1972
From Jack Huss to Dent RE: a Central Surveys poll on the presidential race in North Dakota. 1 pg. [Subject: Campaign] [Letter], 3/20/1972
Central Surveys, Inc. Voter Opinion Survey on North Dakota from February 4 to February 12, 1972. 34 pgs. [Subject: Campaign] [Report], no date
From Dent to Mitchell RE: Reifel's decision not to seek election to the U.S. Senate for the State of South Dakota. 1 pg. [Subject: Campaign] [Memo], 3/29/1972
From Buchanan to RN RE: the prediction that McGovern will win the Wisconsin Democratic Primary. 2 pgs. [Subject: Campaign] [Memo], 3/29/1972
From Strachan to Haldeman RE: revising a Republican National Committee film. Handwritten notes added by unknown. 1 pg. [Subject: Campaign] [Memo], 3/15/1972
From McWhorter to Mitchell RE: obtaining the support of Democratic governors for RN following the Republican National Convention. 2 pgs. [Subject: Campaign] [Memo], 3/21/1972
From McWhorter to Mitchell RE: a congenial political atmosphere for Republicans in New York in 1972. 1 pg. [Subject: Campaign] [Memo], 3/21/1972
From McWhorter to Haldeman summarizing a meeting of the Republican National Committee. 1 pg. [Subject: Campaign] [Memo], 3/6/1972
Scholar Source Context
Document identity
localId
26145952
label
WHSF: Contested, 30-3
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
26145952
sourceUrl
contentType
document
title
WHSF: Contested, 30-3
description
This file contains:
From G. Gordon Liddy to Mitchell RE: the Federal Election Campaign Act of 1971. Copy of the act and various reports and proposals related to it attached. 112 pgs. [Subject: Campaign] [Memo], 3/7/1972
Form letter from Maurice Stans to potential RN suppoters RE: contributions to the Finance Committee for the Re-election of the President. Envelope, application, membership card, and return envelope included. 7 pgs. [Subject: Campaign] [Letter], no date
Form letter from Maurice Stans to potential RN suppoters RE: contributions to the Finance Committee for the Re-election of the President. Envelope, application, membership card, and return envelope included. 7 pgs. [Subject: Campaign] [Letter], no date
From Gergen to Strachan RE: an attached campaign form letter for mass mailing. 1 pg. [Subject: Campaign] [Memo], 3/13/1972
Form letter from Maurice Stans to potential RN suppoters RE: contributions to the Finance Committee for the Re-election of the President. 2 pgs. [Subject: Campaign] [Letter], no date
From Dent to Mitchell RE: Joel Broyhill and the Virginia Senate race. 1 pg. [Subject: Campaign] [Memo], 3/8/1972
From Dent to Haldeman RE: attached information. 1 pg. [Subject: Campaign] [Memo], 3/28/1972
From Wallace Henley to Dent RE: information from the National American Party on its convention and Wallace. 2 pgs. [Subject: Campaign] [Memo], 3/27/1972
From Dent to Haldeman RE: an attached document. 1 pg. [Subject: Campaign] [Report], 3/22/1972
From Brad E. Hainsworth to Dent RE: Jim Abourezk and a Gallup subsidiary poll conducted in South Dakota. 1 pg. [Subject: Campaign] [Memo], 3/22/1972
From Dent to Haldeman RE: attached information. 1 pg. [Subject: Campaign] [Memo], 3/13/1972
From Hainsworth to Dent RE: running Ben Reifel for Mundt's seat. 2 pgs. [Subject: Campaign] [Memo], 3/9/1972
From Dent to Haldeman RE: an attached document. 1 pg. [Subject: Campaign] [Memo], 3/13/1972
From Hainsworth to Dent RE: Reifel's announcement on whether or not he will seek election to the Senate. 1 pg. [Subject: Campaign] [Memo], 3/13/1972
From Dent to Haldeman RE: attached political information. 1 pg. [Subject: Campaign] [Memo], 3/22/1972
From Jack Huss to Dent RE: a Central Surveys poll on the presidential race in North Dakota. 1 pg. [Subject: Campaign] [Letter], 3/20/1972
Central Surveys, Inc. Voter Opinion Survey on North Dakota from February 4 to February 12, 1972. 34 pgs. [Subject: Campaign] [Report], no date
From Dent to Mitchell RE: Reifel's decision not to seek election to the U.S. Senate for the State of South Dakota. 1 pg. [Subject: Campaign] [Memo], 3/29/1972
From Buchanan to RN RE: the prediction that McGovern will win the Wisconsin Democratic Primary. 2 pgs. [Subject: Campaign] [Memo], 3/29/1972
From Strachan to Haldeman RE: revising a Republican National Committee film. Handwritten notes added by unknown. 1 pg. [Subject: Campaign] [Memo], 3/15/1972
From McWhorter to Mitchell RE: obtaining the support of Democratic governors for RN following the Republican National Convention. 2 pgs. [Subject: Campaign] [Memo], 3/21/1972
From McWhorter to Mitchell RE: a congenial political atmosphere for Republicans in New York in 1972. 1 pg. [Subject: Campaign] [Memo], 3/21/1972
From McWhorter to Haldeman summarizing a meeting of the Republican National Committee. 1 pg. [Subject: Campaign] [Memo], 3/6/1972
citationUrl
collections
Richard M. Nixon's Returned Materials Collection
Contested Materials Files
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Richard Nixon Presidential Library
Contested Materials Collection
Folder List
Box Number
Folder Number
Document Date
No Date
Subject
Document Type
Document Description
30
3
3/7/1972
Campaign
Memo
From G. Gordon Liddy to Mitchell RE: the
Federal Election Campaign Act of 1971.
Copy of the act and various reports and
proposals related to it attached. 112 pgs.
30
3
>
Campaign
Letter
Form letter from Maurice Stans to potential
RN suppoters RE: contributions to the
Finance Committee for the Re-election of the
President. Envelope, application,
membership card, and return envelope
included. 7 pgs.
30
3
>
Campaign
Letter
Form letter from Maurice Stans to potential
RN suppoters RE: contributions to the
Finance Committee for the Re-election of the
President. Envelope, application,
membership card, and return envelope
included. 7 pgs.
30
3
3/13/1972
Campaign
Memo
From Gergen to Strachan RE: an attached
campaign form letter for mass mailing. 1 pg.
Tuesday, August 23, 2011
Page 1 of 5
Box Number
Folder Number
Document Date
No Date
Subject
Document Type
Document Description
30
3
Campaign
Letter
Form letter from Maurice Stans to potential
RN suppoters RE: contributions to the
Finance Committee for the Re-election of the
President. 2 pgs.
30
3
3/8/1972
Campaign
Memo
From Dent to Mitchell RE: Joel Broyhill and
the Virginia Senate race. 1 pg.
30
3
3/28/1972
Campaign
Memo
From Dent to Haldeman RE: attached
information. 1 pg.
30
3
3/27/1972
Campaign
Memo
From Wallace Henley to Dent RE:
information from the National American
Party on its convention and Wallace. 2 pgs.
30
3
3/22/1972
Campaign
Report
From Dent to Haldeman RE: an attached
document. 1 pg.
Tuesday, August 23, 2011
Page 2 of 5
Box Number
Folder Number
Document Date
No Date
Subject
Document Type
Document Description
30
3
3/22/1972
Campaign
Memo
From Brad E. Hainsworth to Dent RE: Jim
Abourezk and a Gallup subsidiary poll
conducted in South Dakota. 1 pg.
30
3
3/13/1972
Campaign
Memo
From Dent to Haldeman RE: attached
information. 1 pg.
30
3
3/9/1972
Campaign
Memo
From Hainsworth to Dent RE: running Ben
Reifel for Mundt's seat. 2 pgs.
30
3
3/13/1972
Campaign
Memo
From Dent to Haldeman RE: an attached
document. 1 pg.
30
3
3/13/1972
Campaign
Memo
From Hainsworth to Dent RE: Reifel's
announcement on whether or not he will seek
election to the Senate. 1 pg.
Tuesday, August 23, 2011
Page 3 of 5
Box Number
Folder Number
Document Date
No Date
Subject
Document Type
Document Description
30
3
3/22/1972
Campaign
Memo
From Dent to Haldeman RE: attached
political information. 1 pg.
30
3
3/20/1972
Campaign
Letter
From Jack Huss to Dent RE: a Central
Surveys poll on the presidential race in North
Dakota. 1 pg.
30
3
Campaign
Report
Central Surveys, Inc. Voter Opinion Survey
on North Dakota from February 4 to
February 12, 1972. 34 pgs.
30
3
3/29/1972
Campaign
Memo
From Dent to Mitchell RE: Reifel's decision
not to seek election to the U.S. Senate for the
State of South Dakota. 1 pg.
30
3
3/29/1972
Campaign
Memo
From Buchanan to RN RE: the prediction
that McGovern will win the Wisconsin
Democratic Primary. 2 pgs.
Tuesday, August 23, 2011
Page 4 of 5
Box Number
Folder Number
Document Date
No Date
Subject
Document Type
Document Description
30
3
3/15/1972
Campaign
Memo
From Strachan to Haldeman RE: revising a
Republican National Committee film.
Handwritten notes added by unknown. 1 pg.
30
3
3/21/1972
Campaign
Memo
From McWhorter to Mitchell RE: obtaining
the support of Democratic governors for RN
following the Republican National
Convention. 2 pgs.
30
3
3/21/1972
Campaign
Memo
From McWhorter to Mitchell RE: a
congenial political atmosphere for
Republicans in New York in 1972. 1 pg.
30
3
3/6/1972
Campaign
Memo
From McWhorter to Haldeman summarizing
a meeting of the Republican National
Committee. 1 pg.
Tuesday, August 23, 2011
Page 5 of 5
COMMITTEE FOR THE RE-ELECTION OF THE PRESIDENT
March 7, 1972
1701 PENNSYLVANIA AVENUE. N.W
WASHINGTON. D. C. 20006
(202) 333.0920
CONFIDENTIAL
MEMORANDUM FOR:
THE HONORABLE JOHN N. MITCHELL
FROM:
G. GORDON LIDDY
G
SUBJECT:
The Federal Election Campaign
Act of 1971.
Attached per your request are the following:
. Copy of the Federal Election Campaign Act of 1971 at Tab A.
Copy of the conference report on the Federal Election
Campaign Act of 1971 at Tab B.
Summary of the Federal Election Campaign Act of 1971, pre-
pared by the office of John Dean, at Tab C.
Copy of draft regulations proposed to be issued by the
Comptroller General under Title I of the Federal Election
Campaign Act of 1971 at Tab D.
Copy of draft regulations proposed to be issued by the
Comptroller General under Title III of the Federal Election
Campaign Act of 1971 at Tab E.
Copy of page S-21635 of the Congressional Record for Decem-
ber 14, 1971, at Tab F.
You will note that Chapter I, Subchapter A, Section 4.3 (b) (page 11)
of the draft regulations of the Comptroller General for Title I (Tab
D) and infra where appropriate, as well as in the draft regulations
CONF IDENTIAL
-2-
of the Comptroller General under Title III, subchapter B, sub-
part B, part 14, section 14.3 (b) (page 17) (Tab E) the Comp-
troller General proposes to compel the deduction, from the
amount permitted to be expended for controlled media in the
fortherming (1972) Presidential campaign, sums expended prior
to the effective date of the Act (April 7, 1972) for goods
and services to be delivered after the effective date of the
Act.
In my opinion the foregoing is:
(a) Not in conformity with the language of the statute.
(b) Not in keeping with the legislative history of the
law (see Tab F, right hand column, where marked).
(c) Unconstitutional. Reading against the appropriate
sections of the statute and regulations issued there-
under are criminal sanctions of felony degree. The
Comptroller General proposes to punish criminally
acts committed prior to the effective date of the
statute. As you know, it is a fundamental principle
of criminal law that all elements of a crime must
have been committed after the effective date of the
statute creating the crime. Thus, the Comptroller
General's regulation cannot reach acts such as pre-
payment transactions undertaken before the effective
date of the statute. Nor can an appeal to the "spirit
of the law" be viable here; ascriminal sanctions apply
to the regulatory aspects of the law, there comes into
operation the basic principle of criminal law that a
penal statute must be construed strictly. Finally
there is the overriding prohibition in the Federal consti-
tution against the creation of ex post facto crimes.
As I am informed that prepayment is important to us, you may wish
to:
-3-
CONFIDENTIAL
(1) Obtain another opinion on this question from Don
Santarelli and/or the Office of Legal Counsel in
the Department of Justice and
(2) Take this matter up with the Comptroller General
before the regulations are issued.
It is my opinion that we may pre-pay in any event, as the
issuance of regulations to the contrary by the Comptroller
General does not change the facts of the law. It could, how-
ever, create a potential public relations problem should the
matter surface.
Public Law 92-225
92nd Congress, S. 382
February 7, 1972
An Act
To promote fair practices in the conduct of election campaigns for Federal
political offices, and for other purposes,
Be it enacted by the Senate and House of presentatives of the
United States of America in Congress assembled, That this Act may Federal kleo-
be cited as the "Federal Election Campaign Act of 1971".
tion Campaig gn
Act of 1971.
TITLE I-CAMPAIGN COMMUNICATIONS
SHORT TITLE
SEC. 101. This title may be cited as the "Campaign Communications Citation of
Reform Act".
title.
DEFINITIONS
SEC. 102. For purposes of this title:
(1) The term "communications media" means broadcasting
stations, newspapers, magazines, outdoor advertising Jacilities,
and telephones; but, with respect to telephones, spending or an
expenditure shall be deemed to be spending or an expenditure for
the use of communications media only if such spending or expendi-
ture is for the costs of telephones, paid telephonists, and antomatic
telephone equipment, used by a candidate for Federal elective
office to communicate with potential voters (excluding any costs
of telephones incurred by a volunteer for use of telephones by
him)
86 STAT. 3
(2) The term "broadeasting station" has the same meaning as
86 STAT. 4
such term has under section 315(f) of the Communications Act of
1934.
Post, P. 7.
(3) The term "Federal eléctive office" means the office of Presi-
dent of the United States, or of Senator or Representative in, or
Resident Commissioner or Delegate to, the Congress of the United
States (and for purposes of section 103(b) such term includes the.
office of Vice President).
(4) The term "legally qualified candidate" means any person
who (A) meets the qualifications prescribed by the applicable
laws to hold the Federal elective office for which he is a candidate,
and (B) is eligible under applicable State law to be voted for by
the electorate directly or by means of delegates or electors.
(5) The term "voting age population" means resident popula-
tion, eighteen years of age and older.
(6) The term "State" includes the District of Columbia and the
Commonwealth of Puerto Rico.
MEDIA RATE AND RELATED REQUIREMENTS
Sec. 103. (n) (1) Section 315(b) of the Communications Act of 1934 66 Stat. 717.
is amended to read as follows:
47 USC 315,
"(b) The charges made for the use of any broadcasting station by
any person who is n legally qualified candidate for any public office in
connection with his campaign for nomination for election, or election,
to such office shall not exceed-
Pub. Law 92-225
- 2
February 7, 1972
February 7, 1972
- 3 -
Pub. Law 92-225
"(2) at any other time, the charges made for comparable use of
(i) beginning on the date on which he (or such other person)
such station by other users thereof."
first makes such an expenditure (or, if later, January 1 of the year
74 Stat. 894,
(2) (A) Section 312(a) of such Act is amended by striking "or" at
in which the election for the office of President is held). and
47 USC 312.
the end of clause (5), striking the period at the end of clause (6) and
(ii) ending on the date on which such political party nominates
inserting in lieu thereof a semicolon and "or", and adding at the end of
a candidate for the office of President.
such section 312(a) the following new paragraph:
For purposes of this title and of section 315 of the Communications
"(7) for willful or repeated failure to allow reasonable access
Act of 1934, a candidate for presidential nomination shall be con-
66 Stat. 7173
sidered a legally qualified candidate for public office.
73 Stat. 557.
to or to permit purchase of reasonable amounts of time for the use
(C) The Comptroller General shall prescribe regulations under
47 USC 315.
of a broadeasting station by a legally qualified candidate for Fed-
eral elective office on behalf of his candidacy.".
which any expenditure by R candidate for presidential nomination for
Regulations.
66 Stat. 717.
(B) The second sentence of section 315(a) of such Act is amended
the use in two or more States of a communications medium shall be 86 STAT. 5
47 USC 315.
by inserting "under this subsection" a fter "No obligation is imposed".
attributed to such candidate's expenditure limitation in each such 86 STAT. 6
Nonbroadcast
(b) To the extent that any person sells space in any newspaper or
State. based on the number of persons in such State who can reason-
media rates.
magazine to a legally qualified candidate for Federal elective office, or
ably be expected to be reached by such communications medium.
nomination thereto, in connection with such candidate's campaign for
(4) (A) For purposes of subparagraph (B)
nomination for, or election to, such office, the charges made for the use
(i) The term "price index" means the average over n calendar "Price index."
of such space in connection with his campaign shall not exceed the
year of the Consumer Price Index (all items-U "nited States city
86 STAT. 4
charges made for comparable use of such space for other purposes.
average) published monthly by the Burean of Labor Statistics.
(ii) The term "base period" means the calendar year 1970.
"Base period."
86 STAT. 5
LIMITATIONS OF EXPENDITURES FOR USE OF COMMUNICATIONS MEDIA
(B) At the beginning of each calendar year (commencing in 1972).
Publication in
as there becomes available necessary data from the Bureau of Labor
Federal Register.
Sec. 104. (a) (1) Subject to paragraph (4), no legally qualified can-
Statistics of the Department of Labor, the Secretary of Labor shall
didate in an election (other than a primary or primary runoll election)
certify to the Comptroller General and publish in the Federal Register
form Federal elective office may-
the per centum difference between the price index for the 12 months
(A) spend for the use of communications media on behalf of
preceding the beginning of such calendar year and the price index for
his candidacy in such election a total amount in excess of the
the base period. Each amount determined under paragraph (1) (i)
greater of-
and (ii) shall be increased by such per centium difference. Each
(i) 10 cents multiplied by the voting age population (as
amount so increased shall be the amount in effect for such calendar
certified under paragraph (5)) of the geographical area in
year.
which the election for such office is held, or
(5) Within 60 days after the date of enactment of this Act, and
Publication in
(ii) $50,000, or
during the first week of January in 1973 and every subsequent year,
Federal Register.
(B) spend for the use of broadcast stations on behalf of his
the Secretary of Commerce shall certify to the Comptroller General
candidacy in such election a total amount in excess of 60 per
and publish in the Federal Register an estimate of the voting age
centum of the amount determined under subparagraph (A) with
population of each State and congressional district for the last calen-
respect to such election.
dar year ending before the date of certification.
Primaries.
(2) No legally qualified candidate in a primary election for nomina-
(6) Amounts spent for the use of communications media on behalf
tion to a Federal elective office, other than President, may spend—
of any legally qualified candidate for Federal elective office (or for
(A) for the use of communications media, or
nomination to such office) shall, for the purposes of this subsection.
(B) for the use of broadeast stations,
be deemed to have been spent by such candidate. Amounts spent for
on behalf of his candidacy in such election a total amount in excess of
the use of communications media by or on behalf of any legally
the amounts determined under paragraph (1) (A) or (B), respec-
qualified candidate for the office of Vice President of the United
tively, with respect to the general election for such office. For purposes
States shall, for the purposes of this section, be deemed to have been
of this subsection a primary rmoff election shall be treated ns a sepa-
spent by the candidate for the office of President of the United States
rate primary election.
with whom be is running.
Presidential
(3) (A) No person who is a candidate for presidential nomination
(7) For purposes of this section and section 315(c) of the Com-
primaries.
may spend-
munications Act of 1934-
Post, P. 7.
(i) for the use in n State of communicat media, or
(A) spending and charges for the nse of communications media
(ii) for the use in a State of broadcast stations,
include not only the direct charges of the media but also agents'
on behalf of his candidacy for presidential nomination n total amount
commissions allowed the agent by the medin, and
in excess of the amounts which would have been determined under
(B) any expenditure for the use of any communication medium
paragraph (1) (A) or (B), respectively, had he been a candidate for
by or on behalf of the candidacy of a candidate for Federal elective
election for the office of Senator from such State (or for the office of
office (or nomination thereto) shall be charged against the expend-
Delegate or Resident Commissioner in the case of the District of
iture limitation under this subsection applicable to the election
Columbia or the Commonwealth of Puerto Rico).
in which such medium is used.
(B) For purposes of this paragraph (3), n person is a candidate for
(b) No person may make any charge for the use by or on behalf of Certification
presidential nomination if he makes (or any other person makes on his
any legally qualified candidate for Federal elective office (or for nomi-
requirement.
behalf) an expenditure for the use of any communications medium on
nation to such office) of any newspaper, magazine, or outdoor adver-
behalf of his candidacy for any political party's nomination for elec-
rising facility, unless such candidate (or a person specifically author-
tion to the office of President. Ile shall be considered to be such a can-
ized by such candidate in writing to do so) certifies in writing to the
didate during the period-
Pub. Law 92-225
- 4
February 7, 1972
February 7, 1972
-5:
Pub. Law 92-225
86 STAT. 7
86 STAT. 8
person making such charge that the payment of such charge will not
PENALTIES
violate paragaph (1), (2), or (3) of subsection (a), whichever is
74
applicable.
Sec. 106. Whoever willfully and knowingly violates any provision
47
66 Stat. 717.
(c) Section 315 of the Communications Act of 1934 is amended by
of section 103(b). 104(a), or 104(b) or any regulation under section
47 USC 315,
redesignating subsection (c) as subsection (g) and by inserting after
105 shall be punished by a fine of not more than $5,000 orby imprison-
subsection (b) the following new subsections:
ment of not more than five years, or both.
"(c) No station licensee may make any charge for the use of such
station by or on behalf of any legally qualified candidate for Federal
TITLE II-CRIMINAL CODE AMENDMENTS
elective office (or for nomination to such office) unless such candidate
(or a person specifically authorized by such candidate in writing to do
SEC. 201. Section 591 of title 18, United States Code, is amended 62 Stat. 719.
66
so) certifies to such licensee in writing that the payment of such charge
to read as follows:
47
will not violate any limitation specified in paragraph (1), (2), or (3)
$ 591. Definitions
Nor
Ante, P. 5.
of section 101(a) of the Campaign Communications Reform Act,
"When used in sections 597, 599, GOO, 602, G08, 010, and 611 of this
mad
whichever paragraph is applicable.
title-
"(d) If a State by law and expressly-
Post, PP. 9, 10.
"(n) 'election' means (1) a general, special, primary, or runoff
"(1) has provided that a primary or other election for any
election, (2) a convention or caucus of a political party held to
/
office of such State or of a political subdivision thereof is subject
nominate n candidate, (3) a primary election held for the selection
to this subsection,
86
of delegates to a national nominating convention of a political
"(2) has specified n limitation upon total expenditures for the
86
party, (1) a primary election held for the expression of a pref-
use of broadeasting stations on behalf of the candidacy of each
erence for the nomination of persons for election to the office of
legally qualified candidate in such election,
President, and (5) the election of delegates to a constitutional
(3) has provided in any such law an unequivocal expression of
convention for proposing amendments to the Constitution of the
intent to be bound by the provisions of this subsection, and
United States;
"(4) has stipulated that the amount of such limitation shall not
"(b) 'candidate' means an individual who seeks nomination for
exceed the amount which would be determined for such election
election, or election. to Federal office. whether or not such indix id.
under section 104 (n) (1) (B) or (a) (2) (B) (whichever is
nal is elected, and, for purposes of this paragraph, an individual
applicable) of the Campaign Communications Reform Act had
shall be deemed to seek nomination for election, or election. to
such election been an election for a Federal elective office or
Federal office. if he has (1) taken the action necessary under the
nomination thereto;
law of a State to qualify himself for nomination for election. or
then no station licensee may make any charge for the use of such sta-
election, or (2) received contributions or made expenditures, or
tion by or on behalf of any legally qualified candidate in such election
has given his consent for any other person to receive contributions
unless such candidate (or a person specifically authorized by such
or make expenditures. with a view to bringing about his nomina-
candidate in writing to do so) certifies to such licensee in writing that
tion for election, or election, to such office:
the payment of such charge will not violate such State limitation.
"(c) Federal office' means the office of President OF Vice Presi-
Penalty.
(c) Whoever willfully and knowingly violates the provisions of
dent of the United States, or Senator or Representative in, or
Pri
subsection (c) or (d) of this section shall be punished by a fine not to
Delegate or Resident Commissioner to, the Congress of the United
exceed $5,000 or imprisonment for a period not to exceed five years, or
States:
47 USO 501-
both. The provisions of sections 501 through 503 of this Act shall not
"(d) 'political committee' means any individual. committee.
503.
apply to violations of either such subsection.
association. or organization which accepts contributions or makes
Definitions.
(f)(1) For the purposes of this section:
"(^) The term 'broadeasting station' includes a community
expenditures during a calendar year in RD aggregate amount
exceeding $1,000;
antenna television system.
"(c) 'contribution' means-
"(B) The terms 'licensee' and 'station licensee' when used with
"(1) a subscription, loan, advance, or deposit of money
respect to R community antenna television system, means the
or anything of value (except n loan of money by n national
Pre
operator of such system.
or State bank made in accordance with the applicable banking
pri
"(C) The term Federal elective office' means the office of Presi-
laws and regulations and in the ordinary course of business).
dent of the United States, or of Senator or Representative in, or
made for the purpose of influencing the nomination for elee.
Resident Commissioner or Delegate to, the Congress of the United
tion, or election. of any person to Federal office, for the
States.
purpose of influencing the results of n primary held for the
"(2) For purposes of subsections (c) and (d), the term legally
selection of delegates to a national nominating convention of
qualified candidate' means any person who (A) meets the qualifica-
a political party or for the expression of a preference for
tions prescribed by the applicable laws to hold the office for which he
the nomination of persons for election to the office of Presi-
is a candidate and (B) is eligible under applicable State law to be
dent, or for the purpose of influencing the election of delegates
voted for by the electorate directly or by means of delegates or
to a constitutional convention for proposing amendments to
electors."
the Constitution of the United States;
REGULATIONS
"(2) n contract, promise, or agreement, express or implied.
Sec. 105. The Comptroller General shall prescribe such regulations
whether or not legally enforceable, to make a contribution for
as may be necessary or appropriate to carry out sections 102, 103 (b),
such purposes;
104(a), and of this Act.
"(3) a transfer of funds between political committees:
Pub. Law 92-225
- 6 -
February 7, 1972
February 7, 1972
7 -
Pub. Law 92-225
86 STAT. 9
86 STAT. 10
"(4) the payment, by any person other than a candidate
"(C) $25,000, in the case of n candidate for the office of Repre-
or political committee, of compensation for the personal
sentative, or Delegate or Resident Commissioner to the Congress.
74
services of another person which are rendered to such candi-
"(2) For purposes of this subsection, *immediate family' means a
"Immediate
47
date or political committee without charge for any such pur-
candidate's spouse. and any child, parent, grandparent, brother, or
family."
pose; and
sister of the candidate, and the spouses of such persons.
Exception.
"(5) notwithstanding the foregoing meanings of 'con-
"(b). No candidate or political committee shall knowingly accept
tribution', the word shall not be construed to include services
any contribution or authorize any expenditure in violation of the pro-
provided without compensation by individuals volunteering
visions of this section.
a portion or all of their time on behalf of a candidate or
"(c) Violation of the provisions of this section is punishable by a Penalty.
political committee;
time not to exceed $1,000, imprisonment for not to execed one year, or
66
"(f) 'expenditure' means-
both.".
47
"(1) a purchase, payment, distribution, loan, advance,
Sec. 201. Section 609 of title 18, United States Code, is repealed.
Repeal.
Nor
deposit, or gift of money or anything of value (except a loan
Sec. 205. Section 610 of title 18, United States Code, relating to con-
62 Stat. 723,
med
of money by a national or State bank made in accordance
tributions or expenditures by national banks, corporations, or labor
with the applicable banking laws and regulations and in the
organizations, is amended by adding at the end thereof the followin. :
ordinary course of business), made for the purpose of influ-
paragraph:
encing the nomination for election, or election, of any person
"As used in this section, the phrase 'contribution or expenditure'
"Contribution
to Federal office, for the purpose of influencing the result of
66
shall include any direct or indirect payment, distribution, loan. or expenditure."
86
a primary held for the selection of delegates to a national
advance, deposit, or gift of money, or any services, or anything of
nominating convention of a political party or for the expres-
value (except a loan of money by a national or State bank made in
sion of IL preference for the nomination of persons for election
accordance with the applicable banking laws and regulations and in
to the office of President, or for the purpose of influencing the
the ordinary course of business) to any candidate, campaign commit-
election of delegates to a constitutional convention for pro-
tec, or political party or organization, in connection with any election
posing amendments to the Constitution of the United States;
to any of the offices referred to in this section; but shall not include
"(2) a contract, promise, or agreement, express or implied,
communications by a corporation to its stockholders and their families
whether or not legally enforceable, to make any expenditure:
or by a labor organization to its members and their families on any
and
subject nonpartisan registration and get-out-the-vote campaigns by a
"(3) " transfer of funds between political committees;
corporation aimed at its stockholders and their families, or by a labor
"(g) 'person' and 'whoever' mean an individual, partnership,
organization aimed at its members and their families; the establish-
committee, association, corporation, or any other organization or
ment, administration, and solicitation of contributions to a separate
group of persons; and
segregated fund to be utilized for political purposes by a corporation
"(h) 'State' means each State of the United States, the District
or labor organization: Provided, That it shall be unlawful for such a
of Columbia, the Commonwealth of Puerto Rico, and any terri-
fund to make a contribution or expenditure by utilizing money or any
tory or possession of the United States.".
thing of value secured by physical force, job discrimination, financial
62 Stat. 721.
SEC. 202. Section 600 of title 18, United States Code. is amended to
reprisals, or the threat of force, job discrimination, or financial
is
Pri
read as follows:
reprisal; or by dues, fees, or other monies required as a condition of
"§ 600. Promise of employment or other benefit for political
membership in a labor organization or as a condition of employment,
activity
or by monies obtained in any commercial transaction."
"Whoever, directly or indirectly, promises any employment, posi-
SEC. 206. Section 611 of title 18, United States Code, is amended to 62 Stat, 724.
tion, compensation, contract, appointment, or other benefit, provided
read as follows:
for or made possible in whole or in part by any Act of Congress, dr
611. Contributions by Government contractors
any special consideration in obtaining any such benefit, to any person
"Whoever-
as consideration, favor, or reward for any political activity or for the
"(a) entering into any contract with the United States or any
Pre
support of or opposition to any candidate or any political party in
department or agency thereof either for the rendition of personal
pri
connection with any general or special election to my political office,
services or furnishing any material, supplies, or equipment to the
or in connection with any primary election or political convention or
United States or any department or agency thereof or for selling
caucus held to select candidates for any political office, shall be fined
any land or building to the United States or any department or
not more than $1,000 or imprisoned not more than one year, or both.".
agency thereof, if payment for the performance of such contract
62 Stat. 723.
SEC. 203. Section 608 of title 18, United States Code, is amended to
or payment for such material, supplies. equipment, land, or build-
read as follows:
ing is to be made in whole or in part from funds appropriated by
"§ 608. Limitations on contributions and expenditures
the Congress, at any time between the commencement of negotia-
"(a) (1) No candidate may make expenditures from his personal
tions for and the later of (1) the completion of performance
funds, or the personal funds of his immediate family, in connection
under, or (2) the termination of negotiations for, such contract or
with his campaign for nomination for election, or election, to Federal
furnishing of material, supplies, equipment, land or buildings,
office in excess
directly or indirectly makes any contribution of money or other
"(A) $50,000, in the case of a candidate for the office of Presi-
thing of value, or promises expressly or impliedly to make any
dent or Vice President;
such contribution, to any political party, committee, or candidate
"(B) $35,000, in the case of a candidate for the office of Sen-
for public office or to any person for any political purpose or
use; or
ator; or
Pub. Law 92-225
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February 7, 1972
February 7, 1972
- 9
Pub. Law 92-225
86 STAT. 11
86 STAT. 12
"(b) knowingly solicits any such contribution from any such
sion of a preference for the nomination of persons for elec-
person for any such purpose during any such period;
tion to the office of President, or for the purpose of
shall be fined not more than $5,000 or imprisoned not more than five
influencing the election of delegates to a constitutional
years, or both.".
convention for proposing amendments to the Constitution of
SEC. 207. The table of sections for chapter 29 of title 18, United
the United States;
States Code, is amended by-
(2) a contract, promise, or agreement, whether or not
(1) striking out the item relating to section 608 and inserting in
legally enforceable, to make a contribution for any such
lieu thereof the following:
purpose;
"408, Limitations on contributions and expenditures."
(3) a transfer of funds between political committees;
(2) striking out the item relating to section 609 and inserting in
(4) the payment, by any person other than a candidate
lieu thereof the following:
or political committee, of compensation for the personal serv-
ices of another person which are rendered to such candidate
Repealed."
(3) striking out the item relating to section 611 and inserting in
or committee without charge for any such purpose; and
(5) notwithstanding the foregoing meanings of "contri.
Exception.
lieu thereof the following:
bution", the word shall not be construed to include services
"G11. Contributions by Government contractors.".
provided without compensation by individuals volunteering
a portion or all of their time on behalf of a candidate or
TITLE IN-DISCLOSURE OF FEDERAL CAMPAIGN
political committee;
FUNDS
(f) "expenditure" means-
(1) a purchase, payment, distribution, loan, advance,
DEFINITIONS
deposit, or gift of money or anything of value, made for the
purpose of influencing the nomination for election, or elec-
SEC. 301. When used in this title-
tion, of any person to Federal office, or as a presidential and
(a) "election" means (1) a general, special, primary, or runoff
vice-presidential elector, or for the purpose of influencing the
election, (2) a convention or caucus of a political party held to
result of a primary held for the selection of delegates to a
nominate a candidate, (3) a primary election held for the selection
national nominating convention of a political party or for
of delegates to a national nominating convention of a political
the expression of a preference for the nomination of persons
party, (4) n. primary election held for the expression of a pref-
for election to the office of President, or for the purpose of
erence for the nomination of persons for election to the office of
influencing the election of delegates to a constitutional con-
President, and (5) the election of delegates to a constitutional
vention for proposing amendments to the Constitution of the
convention for proposing amendments to the Constitution of the
United States;
United States;
(2) a contract, promise, or agreement, whether or not
(b) "candidate" means an individual who seeks nomination for
legally enforceable, to make nn expenditure, and
election, or election, to Federal office, whether or not such individ-
(3) a transfer of funds between political committees;
ual is elected, and, for purposes of this paragraph, an individual
(g) "supervisory officer" means the Secretary of the Senate
shall be deenied to seek nomination for election, or election, if he
with respect to candidates for Senator; the Clerk of the House
has (1) taken the action necessary under the law of a State to
of Representatives with respect to candidates for Representative
qualify himself for nomination for election, or election, to Federal
in, or Delegate or Resident Commissioner to, the Congress of the
office, or (2) received contributions or made expenditures, or has
United States; and the Comptroller General of the United States
given his consent for any other person to receive contributions or
in any other case;
make expenditures, with a view to bringing about his nomination
(b) "person" means an individual, partnership, committee,
for election, or election, to such office;
association, corporation, labor organization, and any other orga-
(c) "Federal office" means the office of President or Vice Presi-
nization or group of persons; and
dent of the United States; or of Senator or Representative in, or
(i) "State" means each State of the United States, the District
Delegate or Resident Commissioner to, the Congress of the United
of Cohmbia, the Commonwealth of Puerto Rico, and any terri-
States;
tory or possession of the United States.
(d) "political committee" means any committee, association,
or organization which accepts contributions or makes expendi-
ORGANIZATION OF POLITICAL COMMITTEES
tures during a calendar year in an aggregate amount exceeding
$1,000;
SEC. 302. (a) Every political committee shall have II chairman and a
(e) "contribution" means-
treasurer. No contribution and no expenditure shall be accepted or
(1) a gift, subscription, loan, advance, or deposit of
made by or on behalf of a political committee at a time when there is n
money or anything of value, made for the purpose of influ-
vacancy in the office of chairman or treasurer thereof. No expenditure
encing the nomination for election, or election, of any person
shall be made for or on behalf of a political committee without the
to Federal office or as a presidential or vice-presidential
authorization of its chairman or treasurer, or ,their designated agents.
elector, or for the purpose of influencing the result of a
(b) Every person who receives a contribution in excess of $10 for a
primary held for the selection of delegates to a national
political committee shall, on demand of the trensurer, and in any event
nominating convention of a political party or for the expres-
within five days fter receipt of such contribution, render to the treas-
urer n detailed account thereof, including the amount, the name and
Pub. Law 92-225
10
February 7, 1972
February 7, 1972
11
Pub. Law 92-225
86 STAT, 13
86 STAT. 14
address (ocenpation and the principal place of business, if any) of the
REGISTRATION OF POLITICAL COMMITTEES; STATEMENTS
person making such contribution, and the date on which received. All
funds of n political committee shall be segregated from, and may not
SEC. 303. (a) Each political committee which anticipates receiving
be commingled with, any personal funds of officers, members, or
contributions or making expenditures during the calendar year in all
associates of such committee.
aggregate amount exceeding $1,000 shall file with the supervisory
Recordkeeping.
(c) It shall be the duty of the treasurer of a political committee to
officer a statement of organization, within ten days after its organiza-
keep n. detailed and exact account of-
tion or, if later, ten days after the date on which it has information
(1) all contributions made 10 or forsuch committee;
which causes the committee to anticipate it will receive contributions
(2) the full name and mailing address (occupation and the
or make expenditures in excess of $1,000. Each such committee in
principal place of business, if any) of every person making a
existence at the date of enactment of this Act shall file a statement of
contribution in excess of $10, and the date and amount thereof;
organization with the supervisory officer at such time as he prescribes.
(3) all expenditures made by or on behalf of such committee;
(b) The statement of organization shall include-
and
(1) the name and address of the committee;
(4) the full name and mailing address (occupation and the
(2) the names, addresses, and relationships of affiliated or
principal place of business, if any) of every person to whom any
connected organizations;
expenditure is made, the date and amount thereof and the name
(3) the area, scope, or jurisdiction of the committee;
and address of, and office sought by, each candidate on whose
(4) the name, address, and position of the custodian of books
behalf such expenditure was made.
and accounts;
Receipts,
(d) It shall be the duty of the treasurer to obtain and keep a
(5) the name, address, and position of other principal officers.
preservation.
receipted bill, stating the particulars, for every expenditure made by or
including officers and members of the finance committee, if any:
on behalf of a political committee in excess of $100 in amount, and for
(6) the name, address, office sought. and party affiliation of (A)
any such expenditive in a lesser amount, if the aggregate amount of
each candidate whom the committee is supporting, and (B) any
such expenditures to the same person during a extendar year exceeds
other individual, if any, whom the committee is supporting for
$100. The treasurer shall preserve all receipted bills and accounts
nomination for election. or election, to any public office whatever;
required to be kept by this section for periods of time to be determined
or, if the committee is supporting the entire ticket of any party,
by the supervisory officer.
the name of the party;
Unauthorized
(e) Any political committee which solicits or receives contributions
(7) a statement whether the committee is a continuing one:
activities,
or makes expenditures on behalf of any candidate that isnot authorized
(8) the disposition of residual funds which will be made in the
notice.
in writing by such candidate to do SO shall include " notice on the face
event of dissolution:
or front page of all literature and advertisements published in connec-
(9) a listing of all banks, safety deposit boxes, or other reposi-
tion with such candidate's campaign by such committee or on its behalf
tories used;
stating that the committee is not authorized by such candidate and that
(10) a statement of the reports required to be filed by the com-
such candidate is not responsible for the netivities of such committee..
mittee with State or local officers, and, if so, the names, addresses, 4
Funds solio-
(f) (1) Any political committee shall include on the face or from
and posit of such persons; and
itation, notice.
page of all literature and advertisements soliciting funds the following
(11) such-other information as shall be required by the super-
(
notice:
visory officer.
"A copy of our report filed with the appropriate supervisory officer
(c) Any change in information previously submitted in a statement
is (or will be) available for purchase from the Superintendent of Docu-
of organization shall be reported to the supervisory officer within n
ments, United States Government Printing Office, Washington, D.C.
ten-day period following the change.
20402."
(d) Any committee which, fter having filed one or morestatements
Annual report.
(2) (A) The supervisory officer shall compile and furnish to the
of organization, disbands or determines it will no longer receive con-
Public Printer, not later than the last day of March of each year, an
tributions or make expenditures during the calendar year in an aggre-
annual report for each political committee which has filed a report
gate amount exceeding $1,000 shall SO notify the supervisory officer.
with him under this title during the period from March 10 of the
preceding calendar year through January 31 of the year in which
REPORTS BY POLITICAL COMMITTEES AND CANDIDATES
such annual report is made available to the Public Printer. Each such
annual report shall contain-
Sec. 304. (n) Each treasurer of a political committee supporting a
Receipts and
(i) a copy of the statement of organization of the political
candidate or candidates for election to Federal office, and each can-
expenditures.
committee required under section 303. together with any amend-
didate for election to such office, shall file with the appropriate super-
ments thereto; and
visory officer reports of receipts and expenditures on forms to be
(ii) a copy of each report filed by such committee under
prescribed or approved by him. Such reports shall be filed on the tenth
section 304 from March 10 of the preceding year through
day of March, June, and September, in each year, and on the fifteenth
January 31 of the year in which the annual report is so furnished
and fifth days next preceding the date on which an election is held,
to the Public Printer.
and also by the thirty-first day of January. Such reports shall be com-
Completion
(B) The Public Printer shall make copies of such annual reports
plete as of such date as the supervisory officer may prescribe. which
date, exception.
available for sale to the public by the Superintendent of Documents
shall not be less than five days before the date of filing, except that any
as soon as practicable after they are received from the supervisory
contribution of $5,000 or more received after the last report is filed
officer.
prior to the election shall be reported within forty-eight hours after
its receipt.
Pub. Law 92-225
- 12
February 7, 1972
February 7, 1972
13 -
Pub. Law 92-225
86 STAT. 15
86 STAT. 16
(b) Each report under this section shall disclose
REPORTS BY OTHERS THAN POLITICAL COMMITTEES
(1) the amount of cash on hand at the beginning of the report-
ing period;
Sec. 305. Every person (other than a political committee or candi-
(2) the full name and mailing address' (occupation and the
date) who makes contributions or expenditures, other than by con-
principal place of business, if any) of each person who has made
tribution to a political committee or candidate, in an aggregate amount
one or more contributions to or for such committee or candidate
in excess of $100 within a calendar year shall file with the supervisory
(including the purchase of tickets for events such as dinners.
officer a statement containing the information required by section 304.
luncheons, rallies, and similar fundraising events) within the
Statements required by this section shall be filed on the dates on which
calendar year in an aggregate amount or value in excess of $100.
reports by political committees are filed, but need not be cumulative.
together with the amount and date of such contributions:
(3) the total sumi of individual contributions made to or for
FORMAL REQUIREMENTS RESPECTING REPORTS AND STATEMENTS
such committee or candidate during the reporting period and not
reported under paragragh (2);
SEC. 306. (a) A report or statement required by this title to be filed
(4) the name and address of each political committee or can-
by a treasurer of a political committee, n candidate, or by any other
didato from which the reporting committee or the candidate
person, shall be verified by the onth or affirmation of the person filing
received, or to which that committee or candidate made. any trans-
such report or statement, taken before any officer authorized to adi in-
ister oaths.
fer of funds. together with the amounts and dates of all transfers;
(5) each loan to or from any person within the calendar year in
(b) A copy of n report or statement shall be preserved by the
an aggregate amount or value in excess of $100, together with the
person filing it for a period of time to be designated by the supervisory
full names and mailing addresses (occupations and the principal
officer in a published regulation.
places of business, if any) of the lender and endorsers, if any, and
(c) The supervisory officer may, by published regulation of general
Noncompliance
the dato and amount of such loans;
applicability, relieve any category of political committees of the obli-
relief.
(6) the total amount of proceeds from (A) the sale of tickets
gation to comply with section 304 if such committee (1) primarily
to each dinner, luncheon, rally, and other fundraising event; (B)
supports persons seeking State or local office, and does not substan-
minss collections made at such events; and (C) sales of items such
tially support candidates. and (2) does not operate in more than one
State or on n statewide basis.
as political campaign pins, buttons, badges, flags, emblems, hats.
banners, literature, and similar materials;
(d) The supervisory officer shall, by published regulations of gen-
Dabts, pledges,
eral applicability, preseribe the manner in which contributions and
etc., separate
(7) each contribution, rebate, refund, or other receipt in excess
of $100 not otherwise listed under paragraphs (2) through (6)
expenditures in the nature of debts and other contracts. agreements,
schedules.
(8) the total sum of all receipts by or for such committee or
and promises to make contributions or expenditures shall be reported.
candidate during the reporting period;
Such regulations shall provide that they be reported in separate
(9) the full name and mailing address (occupation and the
schedules. In determining aggregate amounts of contributions and
principal place of business, if any) of each person to whom
expenditures, amounts reported as provided in such regulations shall
expenditures have been made by such committee or on behalf.of
not be considered until actual payment is made:
such committee or candidate within the calendar year in an agre-
REPORTS ON CONVENTION FINANCING
gate amount or value in excess of $100, the amount, date, and pur-
pose of each such expenditure and the name and address of, and
SEC. 307. Each committee or other organization which-
office sought by, each candidate on whose behalf such expenditure
(1) represents a State, or n political subdivision thereof, or any
was made;
group of persons, in dealing with officials of a national political
(10) the full name and mailing address (occupation and the
party with respect to matters involving a convention held in such
principal place of business, if any) of each person to whom an
State or political subdivision to nominate a candidate for the office
expenditure for personal services, salaries, and reimbursed
of President or Vice President, or
expenses in excess of $100 has been made, and which is not other-
(2) represents a national political party in making arrange-
wise reported, including the amount, date, and purpose of such
ments for the convention of such party held to nominate a candi-
expenditure;
date for the office of President or Vice President,
(11) the total sum of expenditures made by such committee or
shall, within sixty days following the end of the convention (but not
candidate during the calendar year;
Inter than twenty days prior to the date on which presidential and
(12) the amount and nature of debts and obligations owed by
vice-presidential electors are chosen), file with the Comptroller Gen-
or to the committee, in such form as the supervisory officer may
eral of the United States n full and complete financial statement. in
prescribe and a continuous reporting of their debts and obligations
such form and detail as he may prescribe, of the sources from which
after the election at such periods as the supervisory officer may
it derived its funds, and the purposes for which such funds were
require until such debts and obligations are extinguished and
expended.
(13) such other information as shall be required by the super-
DUTIES OF THE SUPERVISORY OFFICER
visory officer.
(c) The reports required to be filed by subsection (a) shall be
SEC. 309. (a) It shall be the duty of the supervisory officer-
enmulative during the calendar year to which they relate, but where
(1) to develop and furnish to the person required by the pro-
there has been no change in an item reported in a previous report
visions of this Act prescribed forms for the making of the reports
during such year, only the amount need be carried forward. If no
and statements required to be filed with him under this title;
contributions or expenditures have been accepted or expended during
(2) to prepare, publish, and furnish to the person required to
a calendar year, the treasurer of the political committee or candidate
shall file a statement to that effect.
Pub. Law 92-225
- 14
February 7, 1972
February 7, 1972
15 -
Pub. Law 92-225
86 STAT. 18
86 STAT. 17
(2) practices relating to the registration of voters; and
file such reports and statements a manual setting forth recom-
(3) voting and counting methods.
mended uniform methods of bookkeeping and reporting;
Studies made under this subsection shall be published by the Comp-
Publication.
(3) to develop a filing, coding, and cross-indexing system con-
troller General and copies thereof shall be made available to the
sonant with the purposes of this title;
general public upon the payment of the cost thereof. Nothing in this
Public
(4) to make the reports and statements filed with him available
subsection shall be construed to authorize the Comptroller General
inspection.
for public inspection and copying, commencing us soon as prac-
to require the inclusion of any comment or recommendation of the
ticable but not later than the end of the second day following the
Comptroller General in any such study.
day during which it was received, and to permit copying of any
(d) (1) Any person who believes a violation of this title has Violation.
such report or statement by hand or by duplicating machine, as
occurred may file a complaint with the supervisory officer. If the super-
requested by any person, at the expense of such person: Procided,
visory officer determines there is substantial reason to believe such a
That any information copied from such reports and statements
violation has occurred, he shall expeditiously make an investigation,
shall not be sold or utilized by any person for the purpose of
which shall also include an investigation of reports and statements
soliciting contributions or for any commercial purpose;
filed by the complainant if he is a candidate, of the matter complained
Preservation.
(5) to preserve such reports and statements for a period of ten
of. Whenever in the judgment of the supervisory officer, after all's d-
Hearing
years from date of receipt, except that reports and statements
ing due notice and an opportunity for a hearing, any person has
opportunity;
relating solely to candidates for the House of Representatives shall
engaged or is about to engage in any acts or practices which constitute
injunction.
be preserved for only five years from the date of receipt;
or will constitute 11 violation of any provision of this title or any regu-
(6) to compile and maintain a current list of all statements or
Intion or order issued therennder, the Attorney General on behalf of
parts of statements pertaining to each candidate;
the United States shall institute a civil action for relief, including a
Annual report.
(7) to prepare and publish an annual report including compila-
permanent or temporary injunction, restraining order, or any other
tions of (A) total reported contributions and expenditures for all
appropriate order in the district court of the United States for the
candidates, political committees, and other persons during the
district in which the person is found, resides, or transacts business.
year; (B) total amounts expended according to such categories as
Upon 16 proper showing that such person has engaged or is about to
he shall determine and broken down into candidate, party, and
engage in such acts or practices, a permanent or temporary injunction,
nonparty expenditures on the National, State, and local levels;
restraining order, or other order shall be granted without bond by
(C) total amounts expended for influencing nominations and
such court.
elections stated separately; (D) total amounts contributed
(2) In any action brought under paragraph (1) of this subsection,
according to such categories of amounts as he shall determine and
subpenas for witnesses who are required to attend a United States dis-
broken down into contributions on the national, State, and local
trict court may run into any other district.
levels for candidates and political committees; and (E) aggregate
(3) Any party aggrieved by all order granted under paragraph (1) Judicial
amounts contributed by any contributor shown to have contributed
of this subsection may, at any time within sixty days after the date of
review.
in excess of $100;
entry thereof. file 11 petition with the United States court of appeals
(8) to prepare and publish from time to time special reports
for the circuit in which such person is found, resides, or transacts busi-
comparing the various totals and categories of contributions and
ness, for judicial review of such order.
expenditures made with respect to preceding elections;
(4) The judgment of the court of appeals affirming or setting aside,
(9) to prepare and publish such other reports as he may deem
in whole or in part, any such order of the district court shall be final,
appropriate;
subject to review by the Supreme Court of the United States upon
Information
(10) to assure wide dissemination of statistics, summaries, and
certiorari or certification as provided in section 1254 of title 28, United
dissemination.
reports prepared under this title;
States Code.
62 Stat. 928.
(11) to make from time to time audits and field investigations
(5) Any action brought under this subsection shall be advanced on
with respect to reports and statements filed under the provisions
the docket of the court in which filed, and put ahead of all other
of this title, and with respect to alleged failures to file any report
actions (other than other actions brought under this subsection).
or statement required under the provisions of this title;
(12) to report apparent violations of law to the appropriate
STATEMENTS FILED WITH STATE OFFICERS
law enforcement authorities; and
Rules and
(13) to prescribe suitable rules and regulations to carry out
Sec. 309. (a) A copy of each statement required to be filed with a
regulations.
the provisions of this title.
supervisory officer by this title shall be filed with the Secretary of State
(b) The supervisory officer shall encourage, and cooperate with,
(or, if there is no office of Secretary of State, the equivalent State
the election officials in the several States to develop procedures which
officer) of the appropriate State. For purposes of this subsection, the
will eliminate the necessity of multiple filings by permitting the filing
term "appropriate State" means-
"Appropriate
of copies of Federal reports to satisfy the State requirements.
(1) for reports relating to expenditures and contributions in State."
Comptroller
(c) It shall be the duty of the Comptroller General to serve as a
connection with the campaign for nomination for election, or elec-
General,
national clearinghouse for information in respect to the adminis-
tion, of 11 candidate to the office of President or Vice President of
information
tration of elections. In carrying out his dnties under this subsection,
the United States, each State in which an expenditure is made
and studies.
the Comptroller General shall enter into contracts for the purpose of
by him or on his behalf, and
conducting independent studies of the administration of elections.
(2) for reports relating to expenditures and contributions in
Such studies shall include, but shall not be limited to, studies of-
connection with the campaign for nomination for election, or clec-
(1) the method of selection of, and the type of duties assigned
tion, of a candidate to the office of Senator or Representative in,
to, officials and personnel working on boards of elections;
Pub. Law 92-225
- 16 -
February 7, 1972
February 7, 1972
- 17
Pub, Law 92-225
86 STAT. 19
86 STAT. 20
or Delegate or Resident Commissioner to, the Congress of the
eral Election Campaign Act of 1971, and the term "Federal office" "Federal
United States. the State in which he seekselection.
has the same meaning given such term by section 301 (c) of such Act. office."
State officer,
(b) It shall be the duty of the Secretary of State, or the equivalent
Ante, P. 11.
duties,
State officer, under subsection (n)-
EFFECT ON STATE LAW
(1) to receive and maintain in an orderly manner all reports
and statements required by this title to be filed with him;
SEC. 403. (a) Nothing in this Act shall be deemed to invalidate
(2) to preserve such reports and statements for n period of ten
or make inapplicable any provision of any State law, except where
years from date of receipt, except that reports and statements
compliance with such provision of law would result in a violation
relating solely to candidates for the House of Representatives
of R provision of this Act.
shall be preserved for only five years from the date of receipt;
(h) Notwithstanding subsection (a), no provision of State law
(3) to make the reports and statements filed with him available
shall be construed to prohibit any person from taking any action
for public inspection and copying during regular office hours,
authorized by this Act or from making any expenditure (as such term
commencing as soon as practicable but not later than the end of
is defined in section 301(f) of this Act) which he could lawfully make
the day during which it was received, and to permit copying of
under this Act.
any such report or statement by hand or by duplicating machine,
PARTIAL INVALIDITY
requested by any person, at the expense of such person; and
Sec. 404. If any provision of this Act, or the application thereof
(4) to compile and maintain a current list of all statements or
to any person or circumstance, is held invalid, the validity of the
parts of statements pertaining to each candidate.
remainder of the Act and the application of such provision to other
persons and circumstances shall not be affected thereby.
PROHIBITION OF CONTRIBUTIONS IN NAME OF ANOTHER
Sec. 310. No person shall make a contribution in the name of another
REPEALING CLAUSE
person. and no person shall knowingly accept a contribution made by
SEC. 405. The Federal Corrupt Practices Act, 1925 (2 U.S.C. 241-
one person in the name of another person.
256), is repealed.
43 Stat. 1070.
EFFECTIVE DATE
PENALTY FOR VIOLATIONS
SEC. 406. Except as provided for in section 401 of this Act, the
SEC. 311. (a) Any person who violates any of the provisions of this
provisions of this Act shall become effective on December 31, 1971,
title shall be fined not more than $1,000 or imprisoned not more than
or sixty days after the date of enactment of this Act, whichever is
one year, or both.
later.
(b) In case of any conviction under this title, where the punislunent
inflicted does not include imprisonment, such conviction shall be
Approved February 7, 1972.
deemed n misdemeanor conviction only.
TITLE IV-GENERAL PROVISIONS
EXTENSION OF CREDIT BY REGULATED INDUSTRIES
SEC. 401. The Civil Aeronauties Board, the Federal Communica-
tious Commission. and the Interstate Commerce Commission shall each
LEGISLATIVE HISTORY:
pronulgate, within ninety days after the date of enactment of this
Act, its own regulations with respect to the extension of credit, with-
HOUSE REPORTS: No. 92-564 accompanying H.R. 11060 (Comm. on
House Administration) and No. 92-752 (Comm. of
out security. by any person regulated by such Board or Commission
Conference).
to any candidate for Federal office (as such term is defined in section
SENATE REPORTS: No. 92-96 (Comm, on Commerce), No. 92-229 (Comm, on
Ante, P. 11.
301 (c) of the Federal Election Campaign Act of 1971), or to any per-
Rules and Administration) and No. 92-580 (Comm. of
son on behalf of such A candidate, for goods furnished or services
Conferenoe).
rendered in connection with the campaign of such candidate for
CONGRESSIONAL RECORD:
nomination for election, or election, to such office.
Vol. 117 (1971): July 21, 23, Aug. 2-5, considered and passed Senate.
Nov. 18, 29, 30, considered and passed House,
PROHIBITION AGAINST USE OF CERTAIN FEDERAL FUNDS FOR ELECTION
amended, in lieu of H.R. 11060,
Ded. 14, Senate agreed to conference report.
ACTIVITIES
Vol. 118 (1972): Jan. 19, House agreed to conference report,
Sec. 402. No part of any funds appropriated to carry out the Eco-
WEEKLY COMPILATION OF PRESIDENTIA DOCUMENTS, Vol. 8, No. 71
76 Stat. 508,
nomic Opportunity Act of 1964 shall be used to finance, directly or
Feb. 7, Presidential statement.
42 USC 2701
indirectly, any activity designed to influence the outcome of any elec-
note.
tion to Federal office, or any voter registration activity, or to pay the
salary of any officer or employee of the Office of Economic Oppor-
tunity who, in his official capacity as such all officer or employee, en-
"Election."
gages in any such activity. As used in this section, the term "election"
has the same meaning given such term by section 301 (a) of the Fed-
92D CONGRESS
HOUSE OF REPRESENTATIVES
REPORT-
1st Session
No. 92-752
FEDERAL ELECTION CAMPAIGN ACT OF 1971
DECEMBER 14, 1971.-Ordered to be printed
Mr. HAYS, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany S. 382]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the House to the bill (S. 382) to promote
fair practices in the conduct of election campaigns for Federal political
offices, and for other purposes, having met, after full and free con-
ference, have agreed to recommend and do recommend to their respec-
tive Houses as follows:
That the Senate recede from its disagreement to the amendment
of the House and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House amend-
ment insert the following:
That this Act may be cited as the "Federal Election Campaign Act of
1971".
TITLE I-CAMPAIGN COMMUNICATIONS
SHORT TITLE
SEC. 101. This title may be cited as the "Campaign Communications
Reform Act".
DEFINITIONS
SEC. 102. For purposes of this title:
(1) The term "communications media" means broadcasting sta-
tions, newspapers, magazines, outdoor advertising facilities, and
telephones; but, with respect to telephones, spending or an expendi-
ture shall be deemed to be spending or an expenditure for the use of
communications media only if such spending or expenditure is for
the costs of telephones, paid telephonists, and automatic telephone
equipment, used by a candidate for Federal elective office to communi-
cate with potential voters (excluding any costs of telephones incurred
by a volunteer for use of telephones by him).
65-006-71-1
2
3
(2) The term "broadcasting station" has the same meaning as
LIMITATIONS OF EXPENDITURES FOR USE OF COMMUNICATIONS MEDIA
such term has under section 315(f) of the Communications Act of
1934.
SEC. 104. (a) Subject to paragraph (4), no legally qualified candi-
(3) The term "Federal elective office" means the office of President
date in an election (other than a primary or primary runoff election) for a
of the United States, or of Senator or Representative in, or Resident
Federal elective office may-
Commissioner or Delegate to, the Congress of the United States (and
(A) spend for the use of communications media on behalf of his
for purposes of section 103(b) such term includes the office of Vice
candidacy in such election a total amount in excess of the greater of-
President).
(i) 10 cents multiplied by the voting age population (as
(4) The term "legally qualified candidate" means any person who
certified under paragraph (5)) of the geographical area in which
(A) meets the qualifications prescribed by the applicable laws to hold
the election for such office is held, or
the Federal elective office for which he is a candidate, and (B) is
(ii) $50,000, or
eligible under applicable State law to be voted for by the electorate
(B) spend for the use of broadcast stations on behalf of his candi-
directly or by means of delegates or electors.
dacy in such election a total amount in excess of 60 per certum of
(6) The term "voting age population" means resident population,
the amount determined under subparagraph (A) with respect .0 such
election.
eighteen years of age and older.
(6) The term "State" includes the District of Columbia and the
(2) No legally qualified candidate in a primary election for nomination
Commonwealth of Puerto Rico.
to a Federal elective office, other than President, may spend-
(A) for the use of communications media, or
MEDIA RATE AND RELATED REQUIREMENTS
(B) for the use of broadcast stations,
on behalf of his candidacy in such election a total amount in excess of
SEC. 103. (a) (1) Section 315(b) of the Communications Act of 1934 is
the amounts determined under paragraph (1) (A) or (B), respectively,
amended to read as follows:
with respect to the general election for such office. For purposes of this
"(b) The charges made for the use of any broadcasting station by any
subsection a primary runoff election shall be treated as a separate primary
person who is a legally qualified candidate for any public office in connec-
election.
tion with his campaign for nomination for election, or election, to such
(3)(A) No person who is a candidate for presidential nomination may
office shall not exceed-
spend-
"(f) during the forty-five days preceding the date of a primary
(i) for the use in a State of communications media, or
or primary runoff election and during the sixty days preceding the
(ii) for the use in a State of broadcast stations,
date of a general or special election in which such person is a can-
on behalf of his candidacy for presidential nomination a total amount in
didate, the lowest unit charge of the station for the same class and
excess of the amounts which would have been determined under paragraph
amount of time for the same period; and
(1) (4) or (B), respectively, had he been a candidate for election for
"(2) at any other time, the charges made for comparable use of
the office of Senator from such State (or for the office of Delegate or Resi-
such station by other users thereof."
dent Commissioner in the case of the District of Columbia or the Common-
(2)(d) Section 312(a) of such Act is amended by striking "or" at the
wealth of Puerto Rico).
end-of clause (5), striking the period at the end of clause (6) and inserting
(B) For purposes of this paragraph (3), a person is a candidate for
in lieu thereof a semicolon and "or", and adding at the end of such section
presidential nomination if he makes (or any other person makes on his
312(a) the following new paragraph:
behalf) an expenditure for the use of any communications medium on
"(7) for willful or repeated failure to allow reasonable access to or
behalf of his candidacy for any political party's nomination for election
to permit purchase of reasonable amounts of time for the use of a
to the office of President. He shall be considered to be such a candidate
broadcasting station. by a legally qualified candidate for Federal
during the period-
elective office on behalf of his candidacy.'
(i) beginning on the date on which he (or such other person) first
(B) The second sentence of section 315(a) of such Act is amended by
makes such an expenditure (or, if later, January 1 of the year in
inserting "under this subsection" after "No obligation is imposed".
which the election for the office of President is held), and
(b) To the extent that any person sells space in any newspaper or
(ii) ending on the date on which such political party nominates a
magazine to a legally qualified candidate for Federal elective office, or
candidate for the office of President.
nomination thereto, in connection with such candidate's campaign for
For purposes of this title and of section 315 of the Communications Act of
nomination for, or election to, such office, the charges made for the use of
1934, a candidate for presidential nomination shall be considered a legally
such space in connection with his campaign shall not exceed the charges
qualified candidate for public office.
made for comparable use of such space for other purposes.
(C) The Comptroller General shall prescribe regulations under which
any expenditure by a candidate for presidential nomination for the use
in two or more States of a communications medium shall be attributed to
such candidate's expenditure limitation in each such State, based on the
number of persons in such State who can reasonably be expected to be
reached by such communications medium.
4
5
(4)(A) For purposes of subparagraph (B):
will not violate any limitation specified in paragraph (1), (2), or (3) of
(i) The term "price inder" means the arcrage orer a calendar year
section 104(a) of the Campaign Communications Reform Act, whichever
of the Consumer Price Index (oll items-United States city average)
paragraph is applicable.
published monthly by the Bureau of Labor Statistics.
"(d) If a State by law and expressly-
(ii) The term "base period" mcans the calendar year 1970.
"(1) has provided that a primary or other election for any office of
(B) At the beginning of each calendar year (commencing in 1972), as
such State or of a political subdivision thereof is subject to this sub-
there becomes arailable necessary data from the Bureau of Labor Statistics
section,
of the Department of Labor, the Secretary of Labor shall certify to the
"(2) has specified a limitation upon total expenditures for the
Comptroller General and publish in the Faderal Register the per centum
use of broadcasting stations on behalf of the candidacy of each
difference between the price inder for the 12 months preceding the beginning
legally qualified candidate in such election,
of such calendar year and the price inder for the base period. Each
"(3) has provided in any such law an unequirocal expression of
amount determined under puragraph (f)(4)(i) and (ii) shall be increased
intent to be bound by the provisions of this subsection, and
by such per centum difference. Each amount SO increased shall be the
"(4) has stipulated that the amount of such limitation sh Ill not
amount in effect for such calendar year.
exceed the amount which would be determined for such election under
(5) Within 60 days after the date of enactment of this Act, and during
section 104(a)(1)(B) or 104(a)(2)(B) (whichever is applicable) of
the first week of January in 1973 and every subsequent year, the Secretary
the Campaign Communications Reform Act had such election been
of Commerce shall certify to the Comptroller General and publish in the
an election for a Federal elective office or nomination thereto,
Federal Register an estimate of the voting age population of each State
then no station licensee may make any charge for the use of such station
and congressional district for the last calendar year ending before the
by or on behalf of any legally qualified candidate in such election unless
date of certification.
such candidate (or a person specifically authorized by such candidate in
(6) Amounts spent for the use of communications media on behalf of
writing to do so) certifies to such licensee in writing that the payment of
any legally qualified candidate for Federal elective office (or for nomina-
such charge will not violate such State limitation.
tion to such office) shall, for the purposes of this subsection, be deemed to
"(e) Whoever willfully and knowingly violates the provisions of sub-
have been spent by such candidate. Amounts spent for the use of communi-
section (c) or (d) of this section shall be punished by a fine not to exceed
cations media by or on behalf of any legally qualified candidate for the office
$5,000 or imprisonment for a period not to exceed five years, or both. The
of Vice President of the United States shall, for the purposes of this section,
provisions of sections 501 through 503 of this Act shall not apply to
be deemed to have been spent by the candidate for the office of President of
violations of either such subsection.
the United States with whom he is running.
"(f)(1) For the purposes of this section:
(7) For purposes of this section and section 315(c) of the Communica-
(4) The term 'broadcasting station' includes a community
tions Act of 1934
antenna television system.
(4) spending and charges for the USC of communications media
"(B) The terms "licensee' and 'station licensee' when useds with
include not only the direct charges of the media but also agents'
respect to a community antenna television system, mean the operator
commissions allowed the agent by the media, and
of such system.
(B) any espenditure for the use of any communications medium
"(C) The term 'Federal elective office' mcans the office of President
by or on behalf of the candidacy of a candidate for Federal elective
of the United States, or of Senator or Representative in, or Resident
office (or nomination thereto) shall be charged against the expenditure
Commissioner or Delegate to, the Congress of the United States.
limitation under this subsection applicable to the election in which
"(2) For purposes of subsections (c) and (d), the term 'legally qualified
such medium is used.
candidate' means any person who (4) meets the qualifications prescribed
(b) No person may make any charge for the use by or on behalf of any
by the applicable laws to hold the office for which he is a candidate and
legally qualified candidate for Federal elective office (or for nomination
(B) is eligible under applicable State law to be voted for by the electorate
to such office) of any newspaper, magazine, or outdoor adrertising facility,
directly or by means of delcyates or electors."
unless such candidate (or a person specifically authorized by such candi-
date in writing to do so) certifies in writing to the person making such
REGULATIONS
charge that the payment of such charge will not riolate paragraph (1),
SEC. 105. The Comptroller General shall prescribe such regulations as
(2), or (3) of subsection (a), whicherer is applicable.
(c) Section 315 of the Communications Act of 1934 is amended by
may be necessary or appropriate to carry out sections 102, 103(b), 104(a),
and 104(b) of this Act.
redesignating subsection (c) as subsection (g) and by inserting after
PENALTIES
subsection (b) the following new subsections:
"(c) No station licensee may make any charge for the use of such
Sec. 106. Whoever willfully and knowingly violates any provision
station by or on behalf of any legally qualified candidate for Federal
of section 103(b), 104(a), or 104(b) or any regulation under section 105
elective office (or for nomination to such office) unless such candidate
shall be punished by a fine of not more than $5,000 or by imprisonment of
(or a person specifically authorized by such candidate in writing to do
not more than five years, or both.
80) certifies to such licensee in writing that the payment of such charge
6
7
TITLE II-CRIMINAL CODE AMENDMENTS
another person which are rendered to such candidate or political
SEC. 201. Section 591 of title 18, United States Code, is amended to
committee without charge for any such purpose; and
read as follows:
"(5) notwithstanding the foregoing meanings of 'contribu-
bution', the word shall not be construed to include services
§ 591. Definitions
provided without compensation by individuals volunteering a
"When used in sections 597, 599, 600, 602, 608, 610, and 611 of this
portion or all of their time on behalf of a candidate or political
title-
committee;
"(a) 'election' means (1) a general; special, primary, or runoff
"(f) 'expenditure' means-
election, (2) a convention or caucus of a political party held to
"(1) a purchase, payment, distribution, loan, advance, deposit,
nominate a candidute, (3) a primary election held for the selection
or gift of money or anything of ralue (except a loan of money by a
of delegates to a national nominating convention of a political party,
national or State bank made in accordance with the applicable
(4) a primary election held for the expression of a preference for
banking laws and regulations and in the ordinary course of
the nomination of persons for election to the office of President, and
business), made for the purpose of influencing the n mination
(5) the election of delegates to a constitutional convention for pro-
for election, or election, of any person to Federal office, for the
posing amendments to the Constitution of the United States;
purpose of influencing the result of a primary held for the selec-
"(b) 'candidate' means an individual who seeks nomination for
tion of delegates to a national nominating convention of a politi-
election, or election, to Federal office, whether or not such individual
cal party or for the expression of a preference for the nomination
is elected, and, for purposes of this paragraph, an individual shall
of persons for election to the office of President, or for the purpose
be deemed to scek nomination for election, or election, to Federal
of influencing the election of delegates to a constitutional con-
office, if he has (1) taken the action necessary under the law of a
vention for proposing amendments to the Constitution of the
State to qualify himself for nomination for election, or election, or
United States;
(2) received contributions or made expenditures, or has given his
"(2) a contract, promise, or agreement, express or implied,
consent for any other person to receive contributions or make expend-
whether or not legally enforceable, to make any expenditure; and
itures, with a view to bringing about his nomination for election, or
"(3) a transfer of funds between political committees;
election, to such office;
"(g) 'person' and 'whoever' mean an individual, partnership,
"(c) 'Federal office' means the office of President or Vice President
committee, association, corporation, or any other organization or
of the United States, or Senator or Representative in, or Delegate or
group of persons; and
Resident Commissioner to, the Congress of the United States:
"(h) 'Statc' means each State of the United States, the District of
"(d) 'political committee' means any individual, committee,
Columbia, the Commonwealth of Puerto Rico, and any territory or
association, or organization which accepts contributions or makes
possession of the United States."
expenditures during a calendar year in an aggregate amount er-
SEC. 202. Section 600 of title 18, United States Code, is amended to
ceeding $1,000;
read as follows:
"(e) 'contribution' means-
"(1) a gift, subscription. loan, advance, or deposit of money
"§ 600. Promise of employment or other benefit for political
or anything of calue (except a loan of money by a national or
activity
State bank made in accordance with the applicable banking laws
"Whoerer, directly or indirectly, promises any employment, position.
and regulations and in the ordinary course of business), made
compensation, contract, appointment, or other benefit, provided for or
for the purpose of influencing the nomination for election, or
maile possible in whole or in part by any Act of Congress, or any special
election, of any person to Federal office, for the purpose of in-
consideration in obtaining any such benefit, to any person as consideration,
fluencing the. results of a primary held for the selection of
favor, or reward for any political activity or for the support of or opposition
delegates to a national nominating convention of a political
to any candidate or any political party in connection with any general
party or for the expression of a preference for the nomination of
or special election to any political office, or in connection with any pri-
persons for election to the office of President, or for the purpose
mary election or political convention or caucus held to select candidates
of influencing the election of delegates to a constitutional con-
for any political office, shall be fined not more than $1,000 or imprisoned
vention for proposing amendments to the Constitution of the
not more than one year, or both.'
United States:
SEC. 203. Section GOS of title 18, United States Code, is amended to
"(2) a contract, promise, or agreement, express or implied,
read as follows:
whether or not legally enforceable, to make a contribution for
"§ 608. Limitations on contributions and expenditures
such purposes;
"(a) (1) No candidate may make expenditures from his personal
"(3) a transfer of funds between political committees;
funds, or the personal funds of his immediate family, in connection with
"(4) the payment, by any person other than a candidate or
his campaign for nomination for election, or election, to Federal office in
political committee, of compensation for the personal services of
excess of
8
9
"(.4) $50,000, in the case of a candidate for the office of President
at any time between the commencement of negotiations for and the
or Vice President;
later of (1) the completion of performance under, or (2) the termina-
"(B) $35,000, in the case of a candidate for the office of Senator;
tion of negotiations for, such contract or furnishing of material,
or
supplies, equipment, land or buildings, directly or indirectly makes
"(C) $25,000, in the case of a candidate for the office of Repre-
any contribution of money or other thing of value, or promises ex-
sentatine, or Delegate or Resident Commissioner to the Congress.
pressly or impliedly to make any such contribution, to any political
"(2) For purposes of this subsection, 'immediate family' means a
party, committee, or candidate for public office or to any person
candidate's spouse, and any child, parent, grandparent, brother, or sister
for any political purpose or use: or
of the candidate, and the spouses of such persons.
"(b) knowingly solicits any such contribution from any such
"(b) No candidate or political committee shall knowingly accept any
person for any such purpose during any such period;
contribution or authorize any expenditure in violation of the provisions of
shall be fined not more than $5,000 or imprisoned not more than five
this section.
years, or both."
"(c) Violation of the provisions of this section is punishable by a fine
SEC. 207. The table of sections for chapter 29 of title 18, Un ted States
not to exceed ,000, imprisonment for not to exceed one year, or both.'
Code, is amended by-
SEC. 204. Section 609 of title 18, United States Code, 18 repealed.
(1) striking out the item relating to section 608 and inserting in
SEC. 205. Section 610 of title 18, United States Code, relating to con-
lieu thereof the following:
tributions or expenditures by national banks, corporations, or labor
"608. Limitations on contributions and expenditures.";
organizations, is amended by adding at the end thereof the following
(2) striking. out the item relating to section 609 and inserting in
paragraph: "As used in this section, the phrase 'contribution or expenditure' shall
lieu thereof the following:
include any direct or indirect payment, distribution, loan, advance,
"609. Repealed.";
deposit, or gift of money, or any services, or anything of value (ercept a
(3) striking out the item relating to section 611 and inserting in
loan of money by a national or State bank made in accordance with the
lieu thereof the following:
applicable banking laws and regulations and in the ordinary course of
"611. Contributions by Government contractors.'
business) to any candidate, campaign committee, or political party or
organization, in connection with any election to any of the offices referred
TITLE I11-DISCLOSURE OF FEDERAL CAMPAIGN
to in this section; but shall not include communications by a corporation
to its stockholders and their families or by a labor organization to its
FUNDS
members and their families on any subject: nonpartisan registration and
DEFINITIONS
get-out-the-rate campaigns by a corporation aimed at its stockholders and
their families, or by a labor organization aimed at its members and their
SEC. 301. When used in this title-
2
families; the establishment, administration, and solicitation of contribu-
(a) "election" means (1) a general, special, primary, or runoff
tions to a separate segregated fund to be utilized for political purposes by
election, (2) a convention or caucus of a political party held to
a corporation or labor organization: Provided, That it shall be unlawful
nominate a candidate, (3) a primary election held for the selection of
for such a fund to make a contribution or expenditure by utilizing money
delegates to a national nominating convention of a political party, (4)
or anything of ratue secured by physical force, job discrimination financial
a primary election held for the expression of a preference for the
reprisals, or the threat of force, job discrimination, or financial reprisal;
nomination of persons for election to the office of President, and (5)
or by dues, fecs, or other monies required as a condition of membership
the election of delegates to a constitutional convention for proposing
in a labor organization or as a condition of employment, or by monies ob-
amendments to the Constitution of the United States;
tained in any commercial transaction.
(b) "candidate" means an individual who seeks nomination for
SEC. 206. Section 611 of title 18, United States Code, is amended to
election, or election, to Federal office, whether or not such individual
read as follows:
is elected, and, for purposes of this paragraph, an individual shall be
611. Contributions by Government contractors
deemed to seek nomination for election, or election, if he has (1)
taken the action necessary under the law of a State to qualify himself
"Whoever-
"(a) entering into any contract with the United States or any
for nomination for election, or election, to Federal office, or (2)
department or agency thereof either for the rendition of personal
received contributions or made expenditures, or has given his consent
services or furnishing any material, supplies, or equipment to the
for any other person to receive contributions or make expenditures,
United States or any department or agency thercof or for selling any
with a view to bringing about his nomination for election, or election,
to such office;
land or building to the United States or any department or agency
thereof, if payment for the performance of such contract or payment
(c) 'Federal office" means the office'of President or Vice President
for such material, supplies, equipment, land, or building is to be
of the United States: or of Senator or Representative in, or Delegate
made in whole or in part from funds appropriated by the Congress,
or Resident Commissioner to, the Congress of the United States;
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11
(d) "political committee" means any committee, association, or
ORGANIZATION OF POLITICAL COMMITTEES
organization which accepts contributions or makes expenditures
during a calendar year in an aggregate amount exceeding $1,000;
SEC. 302. (a) Every political committee shall have a chairman and a
(e) "contribution" means-
treasurer. No contribution and no expenditure shall be accepted or
(1) a gift, subscription, loan, advance, or deposit of money or
made by or on behalf of a political committee at a time when there is a
anything of value, made for the purpose of influencing the
vacancy in the office of chairman or treasurer thereof. No expenditure
nomination for election, or election, of any person to Federal
shall be made for or on behalf of a political committee without the author-
office or as a presidential or vice-presidential elector, or for the
ization of its chairman or treasurer, or their designated agents.
purpose of influencing the result of a primary held for the selec-
(b) Every person who receives a contribution in excess of $10 for a
tion of delegates to a national nominating convention of a politi-
political committee shall, on demand of the treasurer, and in any event
cal party or for the expression of a preference for the nomination
within five days after receipt of such contribution, render to the treasurer
of persons for election to the office of President, or for the purpose
a detailed account thereof, including the amount, the name and address
of influencing the election of delegates to a constitutional con-
(occupation and the principal place of business, if any) of the person
vention for proposing amendments to the Constitution of the
making such contribution, and the date on which received. All unds of a
United States;
political committee shall be segregated from, and may not be commingled
(2) a contract, promise, or agreement, whether or not legally
with, any personal funds of officers, members, or associates of such
committee.
enforceable, to make a contribution for any such purpose;
(3) a transfer of funds between political committees;
(c) It shall be the duty of the treasurer of a political committee to keep a
(4) the payment, by any person other than a candidate or
detailed and exact account of-
political committee, of compensation for the personal services of
(1) all contributions made to or for such committee;
another person which are rendered to such candidate or com-
(2) the full name and mailing address (occupation and the prin-
mittee without charge for any such purpose; and
cipal place of business, if any) of every person making a contribution
(5) notwithstanding the foregoing meanings of "contribution",
in excess of $10, and the date and amount thereof;
the word shall not be construed to include services provided with-
(3) all expenditures made by or on behalf of such committee; and
out compensation, by individuals volunteering a portion or all of
(4) the full name and mailing address (occupation and the prin-
their time on behalf of a candidate or political committee;
cipal place of business, if any) of every person to whom any expendi-
(f) "expenditure" means-
ture is made, the date and amount thereof and the name and address
(1) a purchase, payment, distribution, loan, advance, de-
of, and office sought by, each candidate on whose behalf such expendi-
posit, or gift of money or anything of value, made for the purpose
ture was made.
of influencing the nomination for election, or election, of any
(d) It shall be the duty of the treasurer to obtain and keep a receipted
person to Federal office, or as a presidential and pice-presidential
bill, stating the particulars, for every expenditure made by or on behalf
elector, or for the purpose of influencing the result of a primary
of a political committee in excess of $100 in amount, and for any such
held for the selection of delgates to a national nominating con-
expenditure in a lesser amount, if the aggregate amount of such expendi-
vention of a political party or for the espression of a preference
tures to the same person during a calendar year exceeds $100. The treasurer
for the nomination of persons for election to the office of President,
shall prescrve all receipted bills and accounts required to be kept by this
or for the purpose of influencing the election of delegates to a
section for periods of time to be determined by the supervisory officer.
constitutional convention for proposing amendments to the
(e) Any political committee which solicits or receives contributions or
Constitution of the United States;
makes expenditures on behalf of any candidate that is not authorized in
(2) a contract, promise, or agreement, whether or not legally
writing by such candidate to do 80 shall include a notice on the face or
enforcable, to make an espenditure, and
front page of all literature and advertisements published in connection
(3) a transfer of funds between political committees;
with such candidate's campaign by such committee or on its behalf stating
(g) "supervisory officer" means the Secretary of the Senate with
that the committee is not authorized by such candidate and that such
respect to candidates for Senator; the Clerk of the House of Repre-
candidate is not responsible for the activities of such committee.
sentatives with respect to candidates for Representative in, or Delegate
(f) (1) Any political committee shall include on the fuce or front page
or Resident Commissioner to, the Congress of the United States; and
of all literature and advertisements soliciting funds the following notice:
the Comptroller General of the United States in any other case;
"A copy of our report filed with the appropriate supervisory officer is
(h) "person" means an individual, partnership, committee, associ-
(or will be) available for purchase from the Superintendent of Documents,
ation, corporation, labor organization, and any other organization or
United States Government Printing Office, Washington, D.C. 20402.'
group of persons; and
(2) (A) The supervisory officer shall compile and furnish to the Public
(i) "State" means each State of the United States, the District of
Printer, not later than the last day of March of each year, an annual
Columbia, the Commonwealth of Puerto Rico, and any territory or
report for each political committee which has filed a report with him under
possession of the United States.
this title during the period from March 10 of the preceding calendar year
through January 31 of the year in which such annual report is made
available to the Public Printer. Each such annual report shall contain-
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(i) a copy of the statement of organization of the political com-
REPORTS BY POLITICAL COMMITTEES AND CANDIDATES
mitter required under section 303, together with any amendments
SEC. 304. (a) Each treasurer of a political committee supporting a
thereto; and
candidate or candidates for election to Federal office, and each candidate
(ii) a copy of each report filed by such committee under section 304
or election to such office, shall file with the appropriate supervisory officer
from March 10 of the preceding year through January 31 of the
reports of receipts and expenditures on forms to be prescribed or approved
year in which the annual report is so furnished to the Public Printer.
by him. Such reports shall be filed on the tenth day of March, June, and
(B) The Public Printer shall make copies of such annual reports
September, in each year, and on the fifteenth and fifth days next preceding
available for sale to the public by the Superintendent of Documents as
the date on which an election is held, and also by the thirty-first day of
soon as practicable after they are received from the supervisory officer.
January. Such reports shall be complete as of such date as the supervisory
officer may prescribe, which shall not be less than fine days before the date
REGISTRATION OF POLITICAL COMMITTEES; STATEMENTS
of filing, except that any contribution of $5,000 or more received after the
SEC. 303. (a) Each political committee which anticipates receiving
last report is filed prior to the election shall be reported within forty-eight
contributions or making expenditures during the calendar year in an
hours after its receipt.
aggregate amount exceeding $1 ,000 shall file with the supervisory officer a
(b) Each report under this section shall disclose-
statement of organization, within ten days after its organization or, if
(1) the amount of cash on hand at the beginning of the reporting
later, ten days after the date on which it has information which causes the
period;
committee to anticipate it will receive contributions or make expenditures
(2) the full name and mailing address (occupation and the
in excess of $1,000. Each such committee in existence at the date of enact-
principal place of business, if any) of each person who has made
ment of this Act shall file a statement of organization with the supervisory
one or more contributions to or for such committee or candidate
officer at such time as he prescribes.
(including the purchase of tickets for events such as dinners, lunch-
(b) The statement of organization shall include-
eons, rallies, and similar fundraising events) within the calendar
(1) the name and address of the committee;
year in an aggregate amount or value in excess of $100, together
(2) the names, addresses, and relationships of affiliated or con-
with the amount and date of such contributions;
nected organizations;
(3) the total sum of individual contributions made to or for such
(i) the arca, scope, or jurisdiction of the committee;
committee or candidate during the reporting period and not reported
(4) the name, address, and position of the custodian of books and
under paragraph (2);
accounts;
(4) the name and address of each political committee or candidate
(5) the name, address, and position of other principal officers,
from which the reporting committee or the candidate received, or to
including officers and members of the finance committee, if any;
which that committee or candidate made, any transfer of funds,
(6) the name, address, office sought, and party affiliation of (A)
together with the amounts and dates of all transfers;
each candidate whom the committee is supporting, and (B) any other
(5) each loan to or from any person within the calendar frar. in an
indinidual, if any, whom the committee is supporting for nomination
aggregate amount or value in excess of $100, together with the full
for election, or election, to any public office whatever; or, if the
names and mailing addresses (occupations and the principal places
committee is supporting the entire ticket of any party, the name of
of business, if any) of the lender and endorsers, if any, and the date
the party;
and amount of such loans;
(7) a statement whether the committee is a continuing one;
(6) the total amount of proceeds from (A) the sale of tickets to each
(8) the disposition of residual funds which will be made in the
dinner, luncheon, rally, and other fundraising event; (B) mass col-
event of dissolution;
lections made at such events; and (C) sales of items such as political
(9) a listing of all banks, safety deposit bores, or other repositories
campaign pins, buttons, badges, flags, emblems, hats, banners, litera-
used;
ture, and similar materials;
(10) a statement of the reports required to be filed by the committee
(7) cach contribution, rebate, refund, or other receipt in ercess of
with State or local others, and, if so, the names, addresses, and posi-
$100 not otherwise listed under paragraphs (2) through (6);
tions of such persons; and
(8) the total sum of all receipts by or for such committee or candi-
(11) such other information as shall be required by the supervisory
date during the reporting period;
officer.
(9) the full name and mailing address (occupation and the prin-
(c) Any change in information previously submitted in a statement of
cipal place of business, if any) of each person to whom expenditures
organization shall be reported to the supervisory officer within a ten-day
have been made by such committee or on behalf of such committee
period following the change.
or candidate within the calendar year in an aggregate amount or
(d) Any committee which, after having filed one or more statements of
value in excess of $100, the amount, date, and purpose of each such
organization, disbands or determines it will no longer receive contributions
expenditure and the name and address of, and office sought by, each
or make expenditures during the calendar year in an aggregate amount
candidate on whose behalf such expenditure was made;
exceeding ,000 shall 80 notify the supervisory officer.
(10) the full name and mailing address (occupation and the
principal place of business, if any) of each person to whom an
H. Rept. 752 65-006
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expenditure for personal services, salaries, and reimbursed expenses
REPORTS ON CONVENTION FINANCING
in excess of $100 has been made, and which is not otherwise reported,
SEC. 307. Each committee or other organization which—
including the amount, date, and purpose of such expenditure;
(1) represents a State, or a political subdivision thereof, or any
(11) the total sum of expenditures made by such committee or candi-
date during the calendar year;
group of persons, in dealing with officials of a national political
party with respect to matters involving a convention held in such
(12) the amount and nature of debts and obligations owed by or to
the committee, in such form as the supervisory officer may prescribe
State or political subdivision to nominate a candidate for the office of
President or Vice President, or
and a continuous reporting of their debts and obligations after the
(2) represents a national political party in making arrangements
election at such periods as the supervisory officer may require until
for the convention of such party held to nominate a candidate for the
such debts and obligations are extinguished; and
office of President or Vice President,
(13) such other information as shall be required by the supervisory
shall, within sixty days following the end of the convention (but not later
officer.
than twenty days prior to the date on which presidential and vice-
(c) The reports required to be filed by subsection (a) shall be cumulative
presidential electors are chosen), file with the Comptroller Gener l of the
during the calendar year to which they relate, but where there has been no
United States a full and complete financial statement, in such form and
change in an item reported in a previous report during such year, only the R
detail as he may prescribe, of the sources from which it derived its funds,
amount need be carried forward. If no contributions or expenditures have
and the purposes for which such funds were expended.
been accepted or expended during a calendar year, the treasurer of the
political committee or candidate shall file a statement to that effect.
DUTIES OF THE SUPERVISORY OFFICER
REPORTS BY OTHERS THAN POLITICAL COMMITTEES
SEC. 308. (a) It shall be the duty of the supervisory officer—
(1) to develop and furnish to the person required by the provisions
SEC. 305. Every person (other than a political committee or candidate)
of this Act prescribed forms for the making of the reports and state-
who makes contributions or expenditures, other than by contribution to a
ments required to be filed with him under this title;
political committee or candidate, in an aggregate amount in excess of
(2) to prepare, publish, and furnish to the person required to
$100 within a calendar year shall file with the supervisory officer a state-
file such reports and statements a manual setting forth recommended
ment containing the information required by section 304. Statements
uniform methods of bookkeeping and reporting;
required by this section shall be filed on the dates on which reports by
(3) to develop a filing, coding, and cross-indexing system consonant
political committees are filed, but need not be cumulative.
with the purposes of this title;
FORMAL REQUIREMENTS RESPECTING REPORTS AND STATEMENTS
(4) to make the reports and statements filed with him available
for public inspection and copying, commencing as soon as practicable
SEC. 306. (a) A report or statement required by this title to be filed by
but not later than the end of the second day following the day during
a treasurer of a political committee, a candidate, or by any other person,
which it was received, and to permit copying of any such report or
shall be rerified by the oath or affirmation of the person filing such report
statement by hand or by duplicating machine, as requested by any
or statement, taken before any officer authorized to administer oaths.
person, at the expense of such person: Provided, That any information
(b) A copy of a report or statement shall be preserved by the person
copied from such reports and statements shall not be sold or utilized
filing it for a period of time to be designated by the supervisory officer in
by any person for the purpose of soliciting contributions or for any
a published regulation.
commercial purpose;
(c) The supervisory officer may, by published regulation of general
(5) to preserve such reports and statements for a period of ten years
applicability, relieve any category of political committees of the obliga-
from date of receipt, except that reports and statements relating
tion to comply with section 304 if such committee (1) primarily supports
solely to candidates for the House of Representatives shall be pre-
persons seeking State or local office, and does not substantially support
served for only five years from the date of receipt;
candidates, and (2) does not operate in more than one State or on a state-
(6) to compile and maintain a current list of all statements or parts
wide basis.
of statements pertaining to each candidate;
(d) The supervisory officer shall, by published regulations of general
(7) to prepare and publish an annual report including compila-
applicability, prescribe the manner in which contributions and expendi-
tions of (4) total reported contributions and expenditures for all
tures in the nature of debts and other contracts, agreements, and promises
candidates, political committees, and other persons during the year;
to make contributions or expenditures shall be reported. Such regulations
(B) total amounts espended according to such categories as he shall
shall provide that they be reported in separate schedules. In determining
determine and broken down into candidate, party, and nonparty
aggregate amounts of contributions and expenditures, amounts reported
expenditures on the national, State, and local levels; (n) total amounts
as provided in such regulations shall not be considered until 'actual pay-
expended for influencing nominations and elections stated separately;
ment is made.
(D) total amounts contributed according to such categories of amounts
as he shall determine and broken down into contributions on the
national, State, and local levels for candidates and political commit-
16
17
tees; and (E) aggregate amounts contributed by any contributor
(2) In any action brought under paragraph (1) of this subsection
shown to have contributed in creess of $100;
subpenas for mitnesses who are required to attend a United States distric
(8) to prepare and publish from time to time special reports com-
court may run into any other district.
paring the rarious totals and categories of contributions and C.I.-
(3) Any party aggricved by an order granted under paragraph (1) of
penditures made with respect to preceding elections;
this subsection may, at any time within sisty days after the date of entry
(9) to prepare and publish such other reports as he may deem
thereof, file a petition with the United States court of appeals for the circuit
appropriate;
in which such person is found, resides, or transacts business, for judicial
(10) to assure wide dissemination of statistics, summaries, and
review of such order.
reports prepared under this title;
(4) The judgment of the court of appeals affirming or setting aside, in
(11) to make from time to time audits and field investigations with
whole or in part, any such order of the district court shall be final, subject
respect to reports and statements filed under the provisions of this
to review by the Supreme Court of the United States upon certiorari or
title, and with respect to alleged failures to file any report or state-
certification as provided in section 1254 of title 28, United States Code.
ment required under the provisions of this title;
(5) Any action brought under this subsection shall be advanced on the
(12) to report apparent violations of law to the appropriate law
docket of the court in which filed, and put ahead of all other act ONR (other
enforcement authorities; and
than other actions brought under this subsection).
(13) to prescribe suitable rules and regulations to carry out the
STATEMENTS FILED WITH STATE OFFICERS
provisions of this title.
(b) The supervisory officer shall encourage, and cooperate with, the
SEC. 309. (a) A copy of each statement required to be filed with a
election officials in the several States to develop procedures which will
supervisory officer by this title shall be filed with the Secretary of State
eliminate the necessity of multiple filings by permitting the filing of
(or, if there 18 no office of Secretary of State, the equiralent State officer)
copies of Federal reports to satisfy the State requirements.
of the appropriate State. For purposes of this subsection, the term "ap-
(c) It shall be the duty of the Comptroller General to serre as a national
propriate State" means—
clearinghouse for information in respect to the administration of elections.
(1) for reports relating to expenditures and contributions in
In carrying out his duties under this subsection, the Comptroller General
connection with the campaign for nomination for election, or election,
shall enter into contracts for the purpose of conducting independent studies
of a candidate to the office of President or Vice President of the
of the administration of elections. Such studies shall include, but shall
United States, each State in which an expenditure is made by him
not be limited to, studies of-
or on his behalf, and
(1) the method of selection of, and the type of duties assigned to,
(2) for reports relating to expenditures and contributions in con-
officials and personnel working on boards of elections;
nection with the campaign for nomination for election, or election, of
(2) practices relating to the registration of voters; and
a candidate to the office of Senator or Representative in, or Delegate
(3) voting and counting methods.
or Resident Commissioner to, the Congress of the United States, the
Studies made under this subsection shall be published by the Comptroller
State in which he secks election.
General and copies therof shall be made arailable to the general public
(b) It shall be the duty of the Sceretary of State, or the equivalent State
upon the payment of the cost thereof. Nothing in this subsection shall be
officer, under subsection (a) -
construed to authorize the Comptroller General to require the inclusion of
(1) to receive and maintain in an orderly manner all reports and
any comment or recommendation of the Comptroller General in any such
statements required by this title to be filed with him;
study.
(2) to preserve such reports and statements for a period of ten years
(d)(1) Any person who behieres a violation of this litle has occurred
from date of receipt, except that reports and statements relating solely
may file a complaint with the superrisory offecer. If the supervisory officer
to candidates for the House of Representatives shall be preserved for
determines there is substantial reason to believe such a violation has
only fine years from the date of receipt;
occurred, he shall expeditionsly make an inrestigation, which shall also
(3) to make the reports and statements filed with him arailable for
include an inrestigation of reports and statements filed by the complainant
public inspection and copying during regular office hours, com-
if he is a candidate, of the matter complained of Whenever in the judgment
mencing as soon as practicable but not later than the end of the day
of the supervisory officer, after affording due notice and an opportunity
during which it UNIS received, and to permit copying of any such report
for a hearing, any person has engaged or is about to engage in any acts
or statement by hand or by duplicating machine, requested by any
or practices wh constitute or will constitute a violation of any provision
person, at the expense of such person; and
of this title or any regulation or order issued thereunder, the Attorney
(4) to compile and maintain a current list of all statements or parts
General on behalf of the United States shall institute a civil action for
of statements pertaining to each candidate.
relief, including a permanent or temporary injunction, restraining order,
or any other appropriate order in the district court of the United States for
PROHIBITION OF CONTRIBUTIONS IN NAME OF ANOTHER
the district in which the person is found, resides, or transacts business.
Upon a proper showing that such person has engaged or is about to engage
SEC. 310. No person shall make a contribution in the name of another
in such acts or practices, a permanent or temporary injunction, restrain-
person, and no person shall-knowingly accept a contribution made by one
ing order, or other order shall be granted without bond by such court.
person in the name of another person.
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19
PENALTY FOR VIOLATIONS
REPEALING CLAUSE
SEC. 311. (a) Any person who violates any of the provisions of this
SEC. 405. The Federal Corrupt Practices Act, 1925 (2 U.S.C. 241-
title shall be fined not more than $1,000 or imprisoned not more than one
256), is repealed.
year, or both.
EFFECTIVE DATE
(b) In case of any conviction under this title, where the punishment
SEC. 406. Except as provided for in section 401 of this Act, the pro-
inflicted does not include imprisonment, such conviction shall be deemed
visions of this Act shall become effective on December 31, 1971, or sixty
a misdemeanor conviction only.
days after the date of enactment of this Act, whichever is later.
And the House agree to the same.
TITLE IV-GENERAL PROVISIONS
WAYNE L. HAYS,
EXTENSION OF CREDIT BY REGULATED INDUSTRIES
W. M. ABBITT,
KEN GRAY,
SEC. 401. The Ciril Aeronautics Board, the Federal Communications
JAMES HARVEY,
Commission, and the Interstate Commerce Commission shall each promul-
WM. L. DICKINSON,
gate, within ninety days after the date of enactment of this Act, its own
Managers on the Part of the House
regulations with respect to the extension of credit, without security, by any
as to titles III, IV, and V of the House amendment.
person regulated by such Board or Commission to any candidate for Fed-
HARLEY O. STAGGERS,
eral office (as such term is defined in section 301(c) of the Federal Election
T. H. MACDONALD,
Campaign Act of 1971), or to any person on behalf of such a candidate, for
LIONEL VAN DEERLIN,
goods furnished or services rendered in connection with the campaign of
SAMUEL L. DEVINE,
such candidate for nomination for election, or election, to such office.
ANCHER NELSEN,
PROHIBITION AGAINST USE OF CERTAIN FEDERAL FUNDS FOR ELECTION
Managers on the Part of the House,
ACTIVITIES
as to titles I and II of the House amendment.
JOHN O. PASTORE,
SEC. 402. No part of any funds appropriated to carry out the Economic
P. A. HART,
Opportunity Act of 1964 shall be used to finance, directly or indirectly,
VANCE HARTKE,
any activity designed to influence the outcome of any election to Federal
B. EVERETT JORDAN,
office, or any voter registration activity, or to pay the salary of any officer
HOWARD W. CANNON,
or employee of the Office of Economic Opportunity who, in his official
CLAIBORNE PELL,
4
capacity as such an officer or employee, engages in any such activity. As
HOWARD BAKER,
used in this section, the term "election" has the same meaning given such
MARLOW Cook,
<
term by section 301(a) of the Federal Election Campaign Act of 1971,
TED STEVENS,
and the term "Federal office" has the same meaning given such term by
HUGH Scort,
section 301(c) of such Act.
Managers on the Part of the Senate.
EFFECT ON STATE LAW
SEC. 403. (a) Nothing in this Act shall be deemed to invalidate or make
inapplicable any provision of any State law, except where compliance
with such provision of law would result in a violation of a provision of
this Act.
(b) Notwithstanding subsection (a), no provision of State law shall be
construed to prohibit any person from taking any action authorized by
this Act or from making any expenditure (as such term is defined in
section 301(f) of this Act) which he could lawfully make under this Act.
PARTIAL INVALIDITY
SEC. 404. If any provision of this Act, or the application thereof to
any person or circumstance, is held invalid, the validity of the remainder
of the Act and the application of such provision to other persons and cir-
cumstances shall not be affected thereby.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE
OF CONFERENCE
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the amend-
ment of the House to the bill (S. 382) to promote fair practices in the
conduct of election campaigns for Federal political offices, and for
other purposes, submit the following joint statement to the House
and the Senate in explanation of the effect of the action agreed upon
by the managers and recommended in the accompanying conference
report:
The House amendment struck out all of the Senate bill after the
enacting clause and inserted a substitute text.
The Senate recedes from its disagreement to the amendment of the
House, with an amendment which is a substitute for both the Senate
bill and the House amendment. The differences between the Senate
bill, the House amendment, and the substitute agreed to in confer-
ence are noted below, except for clerical corrections, conforming
changes made necessary by reason of agreements reached by the
conferees, and minor drafting and clarifying changes.
CAMPAIGN COMMUNICATIONS
EQUAL TIME AND RELATED MATTERS
REPEAL OF EQUAL TIME REQUIREMENT FOR
&
CANDIDATES FOR FEDERAL ELECTIVE OFFICE
Senate bill.-The Senate bill amended subsection (a) of section 315
of the Communications Act of 1934 (which presently provides that
if a licensee permits any legally qualified candidate for public office
to use his station, he must afford equal opportunities to all other
.candidates for the same office in the use of his station), to make that
subsection inapplicable to candidates for Federal elective office
(President, Vice President, Senator, Representative, Delegate, and
Resident Commissioner).
House amendment.-The House amendment made no change in
section 315(a).
Conference substitute.-The conference substitute does not include
this provision of the Senate bill.
PROGRAM FORMAT
Senate bill.-The Senate bill also provided that when a licensee
permits a legally qualified candidate for Federal elective office to
use his broadcasting station in connection with the candidate's
campaign, the licensee must afford the candidate maximum flexibility
in choosing his program format.
(21)
22
23
House amendment.-No comparable provision.
candidate for Federal elective office may not exceed the lowest unit
Conference substitute.-The Senate recedes on this provision.
rate charged others by the person furnishing such medium for the
sume amount and class of space.
MEDIA RATE AND ACCESS REQUIREMENTS
Conference substitute.- The conference substitute contains the pro-
visions of the House amendment in this respect.
CHARGES BY BROADCAST STATIONS
Both the Senate Bill and the House amendment revised section
NONBROADCAST MEDIA ACCESS
315(b) of the Communications Act of 1934. Under the existing section
House amendment.-Soction 103(b)(2) of the House version required
315(b), the charges made for the use of any broadcast station for any
any person who made space available in any newspaper or magazine
of the purposes set forth in section 315 may not exceed the charges
to any legally qualified candidate for Federal elective office, or nomi-
made for comparable use of the station for other purposes.
nation thereto, in connection with the candidate's campaign, to make
House amendment-The House amendment provided that the
equivalent space available on the same basis to all candid ites for the
charges made for the use of any broadcasting station by any person
same office.
who is a legally qualified candidato for any public office could not
exceed "the actual charges made by such station for any comparable
Senate bill.-The Senate bill contained no provision comparable to
section 103(b)(2) of the House amendment.
use of such station for other purposes". (Matter inserted in existing
Conference substitute.-The House recedes.
law in italic.)
Senate bill.-The Senate bill revised section 315(b) to require that
FREE OR REDUCED RATE USE OF NONBROADCAST MEDIA
the charges made for the use of a broadcast station by any person
who is a legally qualified candidato for public office could not, during
Senate bill.Section 103(e) of the Senate bill provided that any
the 45 days preceding a primary election and during the 60 days
person who furnishes the nse of any nonbroadeast communications
preceding a general or special election, exceed the lowest unit charge
medium to or for the benefit of any such candidate without charge or
of the station for the saine class and amount of time for the same
at 11. reduced rate would be deemed to have made a contribution to such
period. The comparable rate requirement under existing law would
candidate in an amount equal to the excess of the rate normally
have continued to apply except during these 45 and 60 day periods.
charged over the rate (if any) charged such candidate.
Conference substitute.-The conference substitute includes this
House amendment.-The House amendment contained no com-
provision of the Senate bill.
parable provision.
Conference substitute.-The Senate recedes.
ACCESS TO BROADCAST STATIONS
LIMITATIONS ON EXPENDITURES FOR USE OF COM-
Senate bill.-The Senate bill made n brondcast license subject to
revocation under section 312(a) of the Communications Act for willful
MUNICATIONS MEDIA
or repeated failure to allow reasonable access to or to permit pur-
Both the Senate bill and the House amendment imposed limitations
chase. of reasonable amounts of time for the use of n brondensting
on expenditures for the use of communications media by candidates
station by any legally qualified candidate on behalf of his candidacy.
for Federal elective office.
House amendment.-No comparable provision.
Conference substitute.-This provision is included in the conference
AMOUNT OF LIMITATION
substitute, with a clarifying amendment limiting the provision to use
of broadcast stations by candidates for Federal elective office. A con-
House amendment-The House bill contained an overall limit on
forming amendment is also made to section 315(a).
expenditures for the use of communications media of the greater of
(1) 10c times voting age population, or (2) $50,000. In addition, the
NONBROADCAST MEDIA RATES
House bill provided that not more than 60% of the overall communica-
House amendment.-The House section 103(b)(1) provided that, to
tions media limitation could be spent for the use of broadeasting
stations.
the extent that any person sold space in any newspaper or magazine
Senate bill.-The Senate bill had two separate limitations: One
to 11 legally qualified candidate for Federal elective office, or nomination
limitation of 5c times voting age population (or, if greater, $30,000),
thereto, in connection with that candidate's campaign, the charges
applicable to expenditures for the use of broadeast stations; and a
made for the use of the space in connection with his campaign could
second limitation of 5c times voting age population (or, if greater,
not exceed the charges made for comparable use of such space for
$30,000), applicable to expenditures for the use of nonbroadcast
other purposes.
communications media. Section 104 of the Senate bill permitted not
Senate bill.-The Senate bill provided that during the 45 days
more than 20% of either of the two limitations to be transferred to
preceding any primary election, and during the 60 days preceding any
the other, if the Federal Elections Commission was notified.
general or special election, the charges made for the use of any non-
broadcast communications medium (newspapers, magazines, other
periodicals, billboards) by an individual who is a legally qualified
24
25
Conference substitute.-The conference substitute incorporates the
provisions of the House amendment.
"ESCALATOR" PROVISION
PRIMARIES
Senate bill.-The Senate bill provided that the broadcast and
nonbroadcast expenditure limitations computed under the "5 cent"
Both the Senate bill and the House amendment provided that
formulas would be increased (beginning in 1972) in proportion to
each primary, general, special, or runoff, election would be treated
increases in the Consumer Price Index over calendar year 1970.
as a separate election and have a separate expenditure limitation
House amendment.-Under the House amendment, the Secretary of
applicable to it. The conference substitute contains this provision.
Commerce was directed to set up n communications price index to
measure changes in the charges to candidates for the use of communi-
PRESIDENTIAL PRIMARIES
cations media: Biennially, beginning in 1974, the Secretary of Com-
merce would certify a proportionate increase or decrease in the 10
Senate bill.-The Senate bill provided that in computing the limi-
cent multiplier and the $50,000 alternative limit, based on changes in
tations for broadcast and nonbroadcast expenditures applicable to
the communications price index.
Presidential primary elections, the voting age population in the State
Conference substitute.-The conference substitute follows the
in which the election is held would be used to compute the expenditure
provisions of the Senate bill with technical and conforming changes.
limitations, and that a candidate's expenditures for a Presidential
Under the conference substitute each communications media expendi-
primary in a State could not exceed the limitations applicable to that
ture limitation computed under section 104(a)(1)(A) would be in-
State.
creased in proportion to increases in the Consumer Price Index, with
House amendment.-The House amendment imposed State-by-State
base period being calendar year 1970. The first year in which an
limitations on media expenditures by candidates for Presidential
increase could occur would be 1972.
nomination. Under the amendment, no candidate for Presidential
For example, since the Consumer Price Index for the base period
nomination could spend for the use in a State of communications
(1970) is 100, if the Consumer Price Index for 1971 was 104.3, each
media, or for the use in a State of brondeast stations, on behalf of his
limitation under section 104(a)(1)(A) would be increased by 4.3
candidacy for Presidential nomination a total amount in excess of
percent. Thus, in a State which for 1971 had a voting age population
either the overall communications media limitation, or the broadenst
of 400,000, the overall media expenditure limitation for senatorial
limitation, which would have been applicable to him had he been a
candidates would be the greater of-
candidate for the office of Senator from that State (or for Delegate or
(A) $41,720 (the product of 10#X400,000, increased by 4.3
Resident Commissioner in the case of the District of Columbia or
percent), or
Puerto Rico).
(B) $52,150 ($50,000 increased by 4.3 percent).
Under the House amendment, a person would be considered a
The broadcast limitation in this example would be $31,290 (60 per-
candidate for Presidential nomination if he made (or any other person
cent of the $52,150 overall limit). The primary election limits would
made on his behalf) an expenditure for the use of any communications
be identical to the limits for the general election: $52,150 for all
medium on behalf of his candidacy for any political party's nomination
media expenditures, and $31,290 for broadcast expenditures.
in an election to the office of President. He was considered to be such
a candidate during the period-
VOTING AGE POPULATION
(i) beginning on the date on which such an expenditure was
first made or, if later, on January 1 of the year of the election,
Senate bill.-Under the Senate bill the "5 cent" formulas were based
and
on "resident population of voting age", determined annually for the
(ii) ending on the date on which the political party nominated
year preceding the election.
a candidate for the office of President.
House amendment-The House "10 cent" formula was based on
The Attorney General was directed to prescribe regulations under
"resident civilian population, 18 years of age and older", estimated
which any expenditure for the use in two or more States of a com-
biennially, beginning in 1972.
munications inedium by a candidate for Presidential nomination
Conference substitute.-The conference substitute bases its "10
would be attributed to the candidate's expenditure limitation in each
cent" formula on "resident population, 18 years of age and older"
of the States, based on the number of persons in the State who could
estimated annually, beginning in 1972.
reasonably be expected to be reached by such medium.
The House amendment also provided that, for purposes of the bill
EXPENDITURES BY POLITICAL COMMITTEES, ETC., OR BY VICE
and section 315 of the Communications Act, a candidate for Presiden-
PRESIDENTIAL CANDIDATES
tial nomination would be considered a legnlly qualified candidate for
Both the Senate bill and the House amendment provided, and the
public office.
Conference substitute.-The conference substitute contains the pro-
conference substitute provides, that amounts spent for the use of
visions of the House amendment respecting candidates for presidential
communications media on behalf of any legally qualified candidate for
nomination, except that the function of prescribing regulations is
Federal elective office (or for nomination to such office) will, for pur-
vested in the Comptroller General rather than the Attorney General.
poses of the expenditure limitations of the bill, be deemed to have
26
27
been spent by the candidate. Under this provision, the expenditure
station unless the candidate (or his representative) certifies that the
limitations of the bill apply to all communications media expenditures
payment of the charge will not violate the applicable State expenditure
on behalf of the candidate, whether made by the candidate, a political
limitation.
committee, an individual, or otherwise, and whether or not the person
House amendment.-The House amendment contained no com-
making the expenditure is authorized by the candidate to do so. (See
parable provision.
the second following paragraph for requirement of certification from
Conference substitute.-The House recedes.
candidate.)
In addition, amounts spent for the use of broadcasting stations by
DEFINITIONS FOR TITLE I
or on behalf of any legally qualified candidate for Vice President will,
for the purposes of such limitations, be deemed to have been spent by
COMMUNICATIONS MEDIA
the candidate for the office of President with whom he is running.
Senate bill.Title I of the Senate bill applied to broadcasting
stations (defined, infra) and nonbroadenst communications media.
CERTIFICATION REQUIREMENTS
Nonbrondeast communications media was defined as ne espapers,
The Senate bill, House amendment, and conference substitute all
magazines, and other periodical publications, and billboards.
provide that no charge may be made for the use of any newspaper,
House amendment.--Conmnications media was defined, for pur-
magazine, outdoor advertising facility, or broadensting station unless
poses of title I of the House amendment, as broadeasting stations,
the candidate or his authorized representative certifies that payment
newspapers, imagazines, and outdoor advertising facilities. Title 11
of the charge will not violate the applicable expenditure limitations.
of the House amendment expanded the coverage of the expenditure
limitation provisions of the House amendment to include the cost
SPECIAL RULES RELATING TO AGENCY COMMISSIONS; DETERMINA-
of telephone campaigns when banks of five or more instruments are
TION OF ELECTION TO WHICH EXPENDITURE Is ALLOCABLE
used, and postage for computerized or identical mailings in quantities
of 200 or niore. (See below for description of this provision in House
House amendment.-The House amendment provided that in com-
amendment.)
puting the amount of a candidate's expenditures for the use of com-
Conference substitute.-The conference substitute defines communi-
munications media, there would be included not only the direct charges
cations media as broadeasting stations, newspapers, magazines,
of communications media, but also agents' commissions allowed the
outdoor advertising facilities, and telephones; but provides that, with
agent by the media. In addition the House amendment provided that
respect to telephones, spending or an expenditure will be deemed to
for purposes of section 104 of the House amendment and section 315(c)
be spending or an expenditure for the use of communications media
of the Communications Act, any expenditure for the use of any com-
only if such spending or expenditure is for the costs of telephones,
munications medium by or on behalf of the candidacy of a candidate
paid telephonists, and automatic telephone equipment, used by n
for Federal elective office (or nomination thereto) would be charged
candidate for Federal elective office to communicate with potential
against the expenditure limitation applicable to the election in which
voters (excluding any costs of telephones incurred by a volunteer
the medium is used.
for use of telephones by him).
Senate bill.-No comparable provisions.
Conference substitute.-The conference substitute contains the
BROADCASTING STATIONS, LICENSE, STATION, LICENSEE
provisions of the House amendment.
The definitions of the terms "broadeasting station", "license",
and "station licensee" are identical in the Senate bill, House amend-
REPORTING TO FCC
ment, and conference substitute. The definition of broadcasting station
incorporates the definition of broadcasting station used for purposes
Senate bill-The Senate bill contained a provision requiring broad-
of the Communications Act, but adds to that definition community
casting stations and candidates to file such reports as were required
antenna television systems.
under FCC regulations.
House amendment.-No comparable provision.
FEDERAL ELECTIVE OFFICE
Conference substitute-This provision was not included in the con-
ference substitute because the FCC has adequate authority to require
Senate bill-Federal elective office was defined for purposes of title
reports under existing law.
I of the Senate bill to include President, Vice President, Senator,
Representative, Delegate, and Resident Commissioner.
OPTIONAL COVERAGE OF STATE AND LOCAL ELECTIONS
House amendment.-The definition of Federal elective office for
purposes of title I of the House amendment was identical to the Senate
Senale bill.-The Senate bill contained a provision permitting
definition except that the office of Vice President was not treated as a
States, if certain conditions were met, to impose limitations under
Federal elective office for purposes of the expenditure limitation pro-
State law on expenditures for use of broadcasting stations by or on
visions of that title. (Expenditures on behalf of the candidacy of a Vice
behalf of candidates for State and loca! elective offices, and prohibiting
Presidential candidate are deemed to have been made on behalf of the
any broadcast station from making any charge for the use of such
Presidential candidate with whom he is running.)
Conference substitute.-The Senate recedes.
28
29
LEGALLY QUALIFIED CANDIDATE
authorized to prescribe regulations under section 104 (relating to
limited interchange between expenditure limitations) and the Federal
Senate bill-Legally qualified candidate was defined under title I
Communications Commission's general rulemaking authority under
of the Senate bill as a person who (A) meets the qualifications pre-
the Communications Act applied to the sections of the bill amending
scribed by the applicable laws to hold the Federal elective office for
that Act.
which he is a candidnte and (B) is eligible under applicable State law
House amendment.-The House Amendment authorized the Attorney
to be voted for by the electorate directly or by means of delegates or
General to prescribe regulations to carry out section 102 (definitions),
electors.
section 103(b) (charges by and access to newspapers and magazines),
House amendment.-Under title I of the House amendment, the
section 104(a) (expenditure limitations), and section 105(b) (certifica-
definition of legally qualified candidate incorporated the FCC's
tion requirements for use of nonbroadeast mediu). The Federal Com-
definition of legally qualified candidate for purposes of section 315(k) of
munications Commission had authority to prescribe regulations to
the Communications Act. The FCC's regulations presently define
carry out the provisions of the bill which amended the Communica-
legally qualified candidate as a person who has publicly announced
tions Act. Violation of the Attorney General's regulations was subject
his candidacy, who holds the qualifications for the office, and who has
to the penalties provided in section 106 of the House ame adment.
either qualified for 11 place on the ballot or is a write-in or similar candi-
Conference substitute.-The conference substitute contains the
date who meets certain requirements.
provisions of the House amendment except that the functions of the
Conference substitute.-The conference substitute follows the pro-
Attorney General are vested in the Comptroller General.
visions of the Senate bill.
PENALTIES
USE OF MEDIA BY OR ON BEHALF OF CANDIDATE
Senate bill.-Under the Senate bill, willful and knowing violations
Senate bill.Under title I of the Senate bill, use of communications
of section 103 of the bill or section 315(c) or (d) of the Communica-
media by or on behalf of any candidate includes not only amounts
tions Act were punishable by a fine not to exceed $5,000 or imprison-
spent for advocating IL candidate's election, but also amounts spent
ment of not more than five years, or both. Title V of the Communica-
for urging the defeat of his opponent or derogating his opponent's
tions Act would not apply to these violations.
stand on campaign issues.
House amendment.- Section 106(a) of the House amendment made
House amendment.-The House amendment contains no comparable
my person who violated the provisions of title I (other than those
provision.
amending the Communications Act) liable for a civil penalty of
Conference substitute.-The conference substitute does not include
$1,000 for each violation. The sanctions provided in title V of the
this provision of the Senate bill. However, the conferees wish to
Communications Act would apply to persons violating the provisions
stress that the deletion of this provision does not evince an intention
added to the Communications Act by title 1.
to exclude from the coverage of the expenditure limitations expendi-
Section 106(b) made any candidate who willfully violated the expen-
tures urging the defent of IL candidate or derogating his stand on
diture limitations of-title I subject to criminal penalties in addition
campaign issues. In many cases such an expenditure is clearly on
to the civil penalties to which he was subject under 106(a). The
behalf of another candidate, and would be treated SO for purposes of
maximum penalty under this subsection was a fine of $10,000, or 1
the expenditure limitations. The conferees expect that the Comptroller
year's imprisonment, or both.
General will prescribe regulations respecting this matter.
Conference substitute.-The conference substitute makes violations
of the provisions of title I (other than those amending the Communi-
VOTING AGE POPULATION
cations Act) and of the regulations of the Comptroller General subject
to the penalties provided in the Senate bill. The penalties for violations
Sce explanation on page 25.
of the provisions of the bill amending the Communications Act follow
the provisions of the Senate bill.
STATE
House amendment.-State was defined under the House amendment
EFFECTIVE DATE
to include Puerto Rico and the District of Columbia.
Senate bill.-The provisions of the Senute bill (other than section
Senate bill.No comparable provision.
401) would have taken effect on December 31, 1971, or 60 days after
Conference substitute.-Tho Senate recedes.
the date of enactment of the bill, whichever was later.
House amendment.-Scction 107 of the House amendment provided
REGULATIONS
that section 103 (media rate requirements) would take effect on
Senate bill.-Title I of the Sennto bill contained no provision gen-
January 1, 1972. The expenditure limitations under section 104 would
erally authorizing any Federal officer or agency to prescribe regulations
apply to expenditures for communication media if the use of the media
to carry out title 1, although the Federal Elections Commission was
occurs on or after January 1, 1972.
30
31
Conference substitute.-The House recedes. The conferees intend
The House amendment specifically provided that the phrase "con-
however that the expenditure limitations would apply to all expendi-
tribution or expenditure" did not include
tures for communications media the use of which occurs after the
(1) communications by a corporation to its stockholders and
effective date of the bill.
their Camilies or by n labor organization to its members and their
families;
EXPENDITURE LIMITS FOR CERTAIN
(2) nonpartisan registration and get-out-the-vote campaigns
TELEPHONES AND POSTAGE
by n corporation nimed at its stockholders and their families or
by n. labor organization aimed at its members and their families;
House amendment.-Title II of the House amendment imposed
(3) the establishment, administration, and solicitation of
expenditure limitations—
contributions to IL separate segregated fund to be utilized for
(1) on telephone campaigns, including the cost of telephones,
political purposes by 11 corporation or labor organization.
paid telephonists and automated equipment, when telephones are
The House amendment further provided that it would be unlawful
used in banks of five or inore instruments to communicate with
for any such separate segregated fund to make a contri ntion or
potential voters, and
expenditure-
(2) on postage for computerized or identical mailings in
(A) by utilizing money or anything of value secured by physi-
quantities of 200 or more.
cal force, job discrimination, financial reprisals, or the threat
Under this provision, no condidate for Federal elective office could
thereof; or
spend for these purposes, in a primary, primary runoff, or general
(B) by dues, fees, or other monies required as " condition of
election, an amount in excess of the limitations imposed on expendi-
membership in a labor organization or as a condition of employ-
tures for the use of communications media under title I, and any
ment; or
amounts spent for the use of communications media would be counted
(C) by monies obtained in any commercial transaction.
against the limitation under this title.
Conference substitute.-The conference substitute is identical with
Senate bill.-No compurable provision.
the House amendment except that the phrase "contribution or
Conference substitute.-The conference substitute delotes title II of
expenditure" does not include a loan of money by 11 national or State
the House amendment. However, certain expenditures for costs of
bank made in accordance with the applicable banking laws and
telephones, paid telephonists, and automnted telephone equipment are
regulations and in the ordinary course of business.
included in the overall communications media expenditure limitation
under title 1.
DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
CRIMINAL CODE AMENDMENTS
DEFINED TERMS
CONTRIBUTIONS OR EXPENDITURES BY NATIONAL
CONTRIBUTIONS AND EXPENDITURES
BANKS, CORPORATIONS, OR LABOR ORGANIZATIONS
Senate bill.-For the purposes of provisions relating to the dis-
AMENDMENT TO SECTION 610 OF TITLE 18, UNITED STATES Code
closure of Federal campaign funds, section 301 of the Senate bill
contained a comprehensive definition of the term "contribution"
Senate bill.No comparable provision.
and of the term "expenditure". Each such definition included a loan
House amendment.-Section 305 of the House amendment amended
of money made for the purpose of influencing the nomination for
section 610 of title 18 of the United States Code, relating to con-
election, or election, of any person to Federal office or as n presidential
tributions or expenditures by national banks, corporations or labor
or vice-presidential elector, or for the purpose of influencing the result
organizations, to add a new paragraph defining the phrase "contribu-
of a primary held for the selection of delegates to a national nominating
tion or expenditure" to include any direct or indirect payment, dis-
convention of a political party or for the expression of a preference
tribution, loan, advance, deposit, or gift of money, or any services,
for the nomination of persons for election to the office of President,
or anything of value to any candidate, campaign committee, or political
or for the purpose of influencing the election of delegates to a consti-
party or organization, in connection with any election to any of the
tutional convention for proposing amendments to the Constitution
offices referred to in such section. In the case of IL contribution or
of the United States.
expenditure by a national bank, or by 11 corporation organized by
House amendment.-The House amendment contained identical
authority of any law of Congress, section 610 refers to "any political
definitions of the terms "contribution" and "expenditure", except
office". In the case of a contribution or expenditure by any corpora-
that, in each case, the House amendment specifically excluded a
tion whatever, or by any labor organization, section 610 refers to the
a loan of money by a national or State bank made in accordance
offices of presidential and vice presidential electors; Senator; and
with the applicable banking laws and regulations and in the ordinary
Representative in, or Delegate or Resident Commissioner to, the
course of business.
Congress.
Conference substitute.-The conference substitute follows the Senate
bill.
32
33
FEDERAL ELECTIONS COMMISSION AND SUPERVISORY OFFICER
to file a complete financial statement of the sources from which its
funds were derived and the purposes for which such funds were
Senate bill.Section 301 of the Senate bill defined the term "Com-
expended. Such statement was required to be filed with the Federal
mission" to mean the Federal Elections Commission. Section 310 of
Elections Commission within 60 days following the end of the con-
the Senate bill provided for the establishment of the Commission and
vention, but not later than 20 days before the date on which
various provisions of title III of the Sonate bill vested in the Coin-
presidential and vice presidential electors were chosen.
mission virtually all of the functions, powers, and duties relating to
House amendment.-The House amendment was identical, except
the reporting and disclosure of campaign funds.
that it required the statement to be filed with the Comptroller General
House amendment.-The House amendment omitted the definition
of the United States.
of the term "Commission" and substituted = definition of the term
Conference substitute.-The conference substitute is the same as
"supervisory officer". The House amendment defined the term
the House amendment.
"supervisory officer" to mean the Secretary of the Senate with
respect to candidates for Senator; the Clerk of the House of Repre-
INFORMATION AND STUDIES RELATING TO E ECTIONS
sentatives with respect to candidates for Representative in, or
Delegate or Resident Commissioner to, the Congress of the United
&
Senate bill.-No comparable provision.
States; and the Comptroller General in any other case. The House
House amendment.-Section 408(b) of the House amendment re-
amendment omitted all references to the Commission and substituted
quired the Comptroller General to serve as a national clearing house
references to the appropriate supervisory officer in each instance.
for information in respect to the administration of elections. It also
Thus, under the House amendment, the functions, powers, and duties
provided that, in carrying out his duties, the Comptroller General was
relating to the reporting and disclosure of campaign funds were vested
required to enter into contracts for independent studies of the adminis-
in the supervisory officer having jurisdiction with respect to partic-
tration of elections, including, but not limited to, studies of (1) the
ular candidates.
method of selection of, and the type of duties assigned to, officials and
Conference substitute.-The conference substitute is the same as the
personnel on boards of elections; (2) practices relating to the registra-
House amendment.
tion of voters; and (3) voting and counting methods. The Comptroller
General was required to publish such studies and make copies avail-
REPORTING OF CONTRIBUTIONS BY POLITICAL
able for sale to the general public. The Comptroller General was
COMMITTEES AND CANDIDATES
prohibited from requiring that any such study include any comment
or recommendation made by him.
Senate bill.Section 304(b) of the Senate bill required that each
Conference substitute.-The conference substitute is the same as the
report of receipts and expenditures by a political committee or a can-
House amendment.
didate disclose the full name and mailing address (occupation and the
principal place of business, if any) of each person who made one or
ADDITIONAL FILING OF STATEMENTS
more contributions to or for such committee or candidate (including
the purchase of tickets for fundraising ovents) within the calendar
STATEMENTS FILED WITH STATE OFFICERS
year in an aggregate amount or value of "$100 or more", together
with the amount and date of such contributions.
Senate bill.Section 309 of the Senate bill provided that a copy of
House amendment.-The House amendment was identical, except
each statement required to be filed with the Federal Elections Com-
that it required reporting of such contributions in an aggregate
mission under title 111 of the Senate bill must be filed with the clerk
amount "in excess of $100" within the calendar year.
of the United States district court in which is located the residence of
Conference substitute.-The conference substitute is the same as the
the candidate or the principal office of the political committee. The
Commission was authorized to require the filing of such statements
House amendment.
with clerks of other United States district courts here it. determined
REPORTS ON CONVENTION FINANCING
such additional filing would serve the public interest. Under the Senate
bill, the clerk of each United States district court was required-
Senate bill-Section 307 of the Senate bill required each committee
(1) to receive and maintain all statements filed with him;
or other organization which-
(2) to preserve all such statements for ten years, except that
(1) represented a State, or political subdivision thereof, or any
statements relating solely to candidates for the House of Repre-
group of persons, in dealing with officials of a national political
sertatives were required to be preserved for only five years;
party with respect to matters involving a convention held in such
(3) to make such statements available for public inspection
State or political subdivision to nominate a candidate for the
and copying; and
office of President or Vice President; or
(4) to compile and maintain a current list of all statements or
(2) represented a national political party in making arrange-
parts of statements pertaining to each candidate.
ments for such a convention,
House amendment.-No comparable provision.
34
35
Conference substitute.-The conference substitute, instead of re-
(8) requiring the appointment of additional personnel to carry
quiring filing with the clerks of district courts, requires copies of state-
out the duties of the Commission, subject to the civil service laws;
and
ments filed with a supervisory officer under title II of the Act (relating
to disclosure of Federal campaign funds) to be filed with the Secretary
(9) permitting the hiring of consultants.
of State (or equivalent officer) of the State in which the election is
This provision of the Senate bill also required the Commission to
held (in the case of candidates for nomination for election, or election,
avail itself of the assistance (including personnel and facilities) of the
as Senator, Representative, or Delegate or Resident Commissioner to
General Accounting Office and the Department of Justice. The
the Congress) or each State in which IIII expenditure is made (in the
Comptroller General and the Attorney General were authorized to
case of a candidate for nomination for election, or election, as President
make such assistance available, with or without reimbursement, in
accordance with the request of the Commission.
or Vice President). The duties imposed by the Senate bill on district
Other provisions of title III of the Senate bill vested in the Com-
court clerks with respect to the preservation and availability to the
public of copies of such statements filed with him are imposed by the
mission virtually all functions, powers, and duties relating to the
conference substitute on the State officer with whom the copies are
disclosure of Federal campaign funds. Such functions, P wers, and
filed.
duties included, among other things, prescribing recordkeeping
requirements for political committees; registration of political com-
FEDERAL ELECTIONS COMMISSION
mittees with the Commission; the filing of reports with the Commis-
ESTABLISHMENT AND ORGANIZATION OF THE COMMISSION
sion by political committees, candidates, and others; and the filing of
reports on convention financing. The Senate bill also required the
Senate bill.Section 310 of the Senate bill provided for the establish-
Commission to prescribe and furnish forms for the filing of reports; to
ment of a bipartisan Federal Elections Commission composed of six
compile and maintain n current list of all statements or parts thereof
members appointed by the President, by and with the advice and
pertaining to each candidate; to prepare and publish an annual report
consent of the Senate. Members of the Commission were required to
of contributions and expenditures for all candidates, political com-
be appointed to serve staggered terms of twelve years, with the term
mitters, and others; to prescribe rules and regulations to carry out the
of one of the members expiring every two years. The President was
disclosure requirements; to investigate complaints of violations; and
required to designate one member to serve as Chairman and one
to cooperate with State election officials to develop procedures to
member to serve as Vice Chairman. This section of the Senate bill
climinate multiple filings by permitting the filing of Federal reports to
also. contained several provisions relating to the organization and
satisfy State requirements.
operation of the Commission, including provisions-
House amendment-The House amendment did not provide for
(1) requiring four members of the Commission to constitute
the establishment of a Federal Elections Commission. Under the
a quorum;
House amendment, all functions, powers, and duties relating to the
(2) requiring an official scal;
disclosure of Federal campaign funds, referred to above ing the dis-
(3) requiring an annual report to the President and to the
cussion of the Senute bill, were vested in the appropriate supervisory
Congress on matters within the jurisdiction of the Commission
officer. The House amendment defined the term "supervisory officer"
and recommending further legislation;
to mean the Secretary of the Senate with respect to candidates for
(4) requiring the Director of the Office of Management and
Senator; the Clerk of the House of Representatives with respect to
Budget to fix the compensation of the members of the Commission
candidates for Representative in, or Delegate or Resident Com-
at a rate not to exceed $100 per day;
missioner to, the Congress; and the Comptroller General of the United
(5) requiring the principal office of the Commission to be
States in any other case.
located in or near the District of Columbia;
Conference substitute.-The conference substitute is the same as
(6) requiring that all officers and employees of the Commission
the House amendment.
be subject to the provisions of section 9 of the Hatch Political
Activities Act, restricting political activities by officers and
employees of the executive branch of the Government;
(7) requiring the appointment of an Executive Director,
without regard to the provisions of the civil service laws governing
appointments in the competitive service, to serve at the pleasure
of the Commission at level V of the Executive Schedule ($36,000
per annum);
36
37
SEPARABILITY
GENERAL PROVISIONS
Senate bill. Section 314 of the Senale bill provided that if any
PROHIBITION AGAINST USE OF CERTAIN FEDERAL
provision of title 111 of the Senate bill (relating to disclosure of Federal
FUNDS FOR ELECTION ACTIVITIES
campaign funds), or the application of such provision to any person
or circumstance, was held invalid, the validity of the remainder of
Senate bill.No comparable provision.
such title III and the application of any such provision to other
House amendment.-Section 502 of the House amendment pro-
persons and circumstances would not be affected.
hibited the use of any funds appropriated to carry out the Economic
House amendment.-The House amendment was similar, except that
Opportunity Act of 1964 to finance, directly or indirectly, any voter
it extended the application of the separability provision to any
registration activity, or any activity designed to influence the out-
provision of the House amendment and was not limited to the pro-
come of any election to Federal office, or to pay the salary of any
visions relating to disclosure of Federal campaign funds.
officer or employee of the Office of Economic Opportunity who, in
Conference substitute.-The conference substitute is the same as the
his official capacity as such an officer or employee, engaged in any
House amendment.
such activity. This section of the House amendment also provided =
WAYNE L. HAYS,
that the terms "Federal office" and "election" would have the same
W.M. ABBITT,
meanings given such terms by section 401 of the House amendment,
KEN GRAY,
relating to disclosure of Federal campaign funds. The term "Federal
JAMES HARVEY,
office" WRS defined to mean the office of President or Vice President;
WM. L. DICKINSON,
or of Senator or Representative in, or Delegate or Resident Com-
Managers on the Part of the House
missioner to, the Congress. The term "election" was defined to mean
as to titles III, IV, and V of the House amendment.
(1) a general, special, primary, or runoff election, (2) a convention
HARLEY O. STAGGERS,
or caucus of a political party held to nominate a candidate, (3) a
TORBERT H. MACDONALD,
primary election held for the expression of IL preference for the nomina-
LIONEL VAN DEERLIN,
tion of persons for election to the office of President, and (4) a pri-
SAMUEL L. DEVINE,
mary election held for the selection of delegates to a national nominat-
ANCHER NELSEN,
ing convention of a political party.
Managers on the Part of the House,
Conference substitute.-The conference substitute is the same as
as to titles I and II of the House amendment.
the House amendment.
JOHN O. PASTORE,
P. A. HART,
EFFECT ON STATE LAW
VANCE HARTKE,
B. EVERETT JORDAN,
Senate bill.Section 313(a) of the Senate bill provided that nothing
HOWARD W. CANNON,
in title III of the Senate bill (relating to disclosure of Federal campaign
CLAIBORNE PELL,
funds) would be deemed to invalidate or make inapplicable any pro-
HOWARD BAKER,
vision of State law, except where compliance with State law would
MARLOW Cook,
result in a violation of such title III.
TED STEVENS,
House amendment.-The House amendment provided that nothing
HUGH Scorr,
in the House amendment (not just the provisions relating to disclosure
Managers on the Part of the Senate.
of Federal campaign funds) would be deemed to invalidate or make
inapplicable any provision of State law, except where compliance
o
with State law would result in a violation of the House amendment.
The House amendment also provided that no provision of State
law could be construed to prohibit any person from taking any action
authorized by the House amendment or from making any expenditure
he could lawfully make thereunder.
Conference substitute.-The conference substitute is the same as the
House amendment.
SUMMARY OF
THE NEW FEDERAL ELECTIONS LAW
On February
7.
1972 the President signed the recently
enacted Federal Election Campaign Act of 1971. This new law,
which is designed to close the "loopholes" in the existing law,
repeals and replaces the old reporting and disclosure provisions
of the Corrupt Practices Act of 1925, amends provisions of the
Federal Criminal Code dealing with elections, and imposes new
spending limitations on the use of communications media in
federal elections.
The law covers all elections (general, special, primary
or runoff) for federal office (President, Vice President, Senate or
Representative), and also includes political party conventions and
primary elections for the selection of delegates to national conventions.
The major features of the new law (which become effective on
April 7 , 1972) are summarized below. Since failure to comply
with the law is a crime, persons who are affected by it should study
it carefully. This summary is only intended :0 direct your attention
to the general requirements of the federal elections laws, as
recently amended by Congress.
-2-
Reporting and Disclosures:
-- Political Committees
Under the new law a "political committee" is any committee,
organization or person that accepts contributions or makes expenditures
in excess of $1,000 in connection with a federal election.
Every political committee must file within 10 days after its
organization a registration statement setting forth its organization,
i. e., names and addresses of officers, relationships to other
organizations, purposes, custodian of records, names and party of
candidates or individuals supported by the committee, and other
details of the committee's organization and operation. This state-
ment is filed with the appropriate supervisory officer: the Clerk
of the House for committees backing candidates for House seats,
the Secretary of the Senate for committees backing candidates for
Senate seats, and the Comptroller General for committees supporting
Presidential candidates. This report is designed to inform the
appropriate supervisory officer of the committee's existence. If
the committee disbands, it must so notify the appropriate supervisory
officer. NOTE: Any political committee in existence on February
1972 (the date of enactment of the new law) will be required to file
an organization statement.
-3-
Every political committee must have a chairman and treasurer,
one of which must authorize each expenditure. The treasurer is
responsible for compiling and maintaining records of all contributions
and expenditures, including the name, address, occupation, and place
of business of all persons receiving expenditures and of all contributors
giving in excess of $10.00 and the amounts and dates of the contributions
or expenditure.
Any political committee which solicits contributions or makes
expenditures on behalf of any candidate, and is not authorized in
writing by the candidate to do so, must include a notice on the front
page of all literature and advertisements published in connection
with such candidate's campaign advertising that the committee is not
authorized by the candidate and that the candidate is not responsible
for the activities of the committee.
All political committees must include on the face of all
literature and advertisements soliciting funds a notice advising:
"A copy of our report filed with the appropriate supervisory
officer is (or will be) available for purchase from the
Superintendent of Documents, United States Government
Printing Office, Washington, D. C. 20.102. "
-- Reports by Political Committees, Candidates and Others
All political committee treasurers and candidates must file
with the appropriate supervisory officer reports of receipts and
-4-
expenditures on forms prescribed by that officer. Copies of these
reports must be filed with the Secretary of State of the appropriate
states. Any person who makes contributions or expenditures ex-
ceeding $100 to other than a political committee or a candidate must
also file reports in the same manner.
These reports must be filed on the 10th of March, June and
September of each year (except the March report in 1972 will not be
required because the law will not become effective until April ) and
on the 15th and 5th days preceding an election and January 31st following
an election. Contributions of $5,000 or more received after the last
report filed prior to an election must be reported within 48 hours of
receipt.
Each report must disclose:
-- the amount of cash on hand at the beginning of the reporting
period;
-- the names and addresses (occupation and principal place of
business) of persons making aggregate contributions (including the
purchase of tickets for dinners and similar fund raising events) or
receiving expenditures in excess of $100 within the calendar year,
together with the amounts and dates;
-- the total sum of all other contributions during the reporting
period not reported under the above paragraph;
-- details involving any transiers of funds:
-5-
details of all loan arrangements in excess of $100;
-- the total amount of proceeds from the sale of tickets at
fund raising events, mass collections at such events, and sales of
campaign paraphernalia like buttons and pins;
-- amounts and the nature of debts and obligations owed by
or to the committee and a continuous reporting of these obligations
after the election until they are extinguished; and
-- any other information required by the supervisory officer.
The supervisory officer may relieve any committee of the
reporting requirements if such committee primarily supports persons
seeking state or local office and does not substantially support candi-
dates for federal office and does not operate in more than one state
or on a statewide basis.
General Criminal Prohibitions:
-- Limitations on Contributions and Expenditures
The $5,000 limitation on contributions by an individual to a
single political committee during any calendar year is removed. Also,
political committees are no longer restricted to receiving contributions
or making expenditures of not more than $3 million during a calendar
year. In place of these former limitations, a new -- more limited --
restriction is placed on a candidate's use of personal funds. No
-6-
candidate may make expenditures from his personal funds or the funds
of his immediate family in excess of $50,000 in the case of Presidential
candidates; $35,000 in the case of senatorial candidates; or $25,000 in
the case of candidates for the House.
-- Contributions by Corporations and Unions
The provisions of the Criminal Code which prohibit labor unions,
corporations and national banks from making contributions or expendi-
tures in connection with federal elections, has been amended to conform
with existing case law. The effect of the revision is to distinguish
between the use of union or corporate funds for active electioneering
directed at the general public, which is prohibited, and certain non-
partisan communications by corporations and unions to their stock-
holders and members, which are presently permitted.
This amended law specifically allows communications by a
corporation to its stockholders or by a union to its members on any
subject; nonpartisan registration and get out the vote campaigns by
a. corporation aimed at its stockholders or by a union aimed at its
members; and the solicitation of contributions into a separate segre-
gated, political fund by a corporation or union, provided that money
solicited for the fund is secured voluntarily. The prohibition against
corporations or unions paying salaries to employees detailed to work
on political campaigns remains unchanged.
-7-
-- Promises of Benefit and Contributions by Government Contractors
The Criminal Code provisions which prohibit any promise of
employment or other benefit as a reward for any political activity
has been strengthened to also prohibit any special consideration in
obtaining any governmental benefit in return for political support.
The prohibition on contributions by firms contracting with
the United States is amended to apply the restriction during the
period of time between the commencement of negotiations and the
later of either completion of performance or termination of negotiations.
Expenditure Limitations and Charges for Communications Media:
I ne new law estanlishes spending limitations on "communica-
tions media, 11 and imposes charge limitations on broadcasters, news-
papers and magazines. No change has been made, however, in the
equal time provisions of the Communications Act of 1934.
-- Communications Media
"Communications media" is defined as broadcasting stations,
newspapers, magazines, outdoor advertising facilities and telephones,
paid telephonists, and automatic telephone equipment used to communi-
cate with voters. Any costs of telephones incurred by a volunteer for
use of telephones by hini are excluded. Spending for the use of com-
munications media also includes the agents' commissions allowed
the agent by the media.
-8-
Expenditure Limitations
Candidates may spend for the use of communications media
no more than the greater of 10 cents multiplied by the voting age
population in the geographical area in which the election is held
or $50,000. Not more than 60 percent of this limitation may be
spent for the use of broadcasting stations. These two limitations
are both subject to a cost of living escalator.
Amounts spent for the use of communications media "on
behalf of" a candidate are charged against the candidate's limitation.
Amounts spent by or on behalf of a Vice Presidential candidate are
deemed to have been spent by his running mate. All expenditures
are charged against the expenditure limitation applicable to the
election in which the medium is used.
No person may make any charge for the use of a broadcasting
station, newspaper, magazine, or outdoor advertising facility by
or on behalf of a candidate unless the candidate or his designee
certifies in writing that payment of such charge will not exceed the
limitations.
-- Charges for the Use of Communications Media
During the 45 days preceding a primary election and the
60 days preceding a general election, broadcasting stations may
-9-
charge candidates for federal office no more than the "lowest unit
charge of the station for the same class and amount of time for the
same period. " At any other time, the charge may not exceed the
charges made for "comparable use of such station by other users. "
Persons selling space in any newspaper or magazine to
candidates for federal office may not charge a rate in excess of
that made for "comparable use of such space for other purposes. "
Broadcasters are further subject to revocation of their licenses
for willful or repeated failure to allow a candidate reasonable access
to their station.
16
P. 3
17
19
Revised Draft
February 26, 1972
18
19
12
TITLE I OF FUBLIC LAW 92-225
REGULATIONS OF THE COMPTROLLER GENERAL
15
Title 11 - Federal Elections
15
Chapter I - Comptroller General
Subchapter A - Campaign Communications
Subchapter B - Disclosure of Federal Campaign Funds
There is hereby established a new title 11, entitled Federal Elections,
in the Code of Federal Regulations.
Introductory Statement
The Federal Election Campaign Act of 1971 (Pub. L. 92-225, approved
February 7, 1972) was enacted to promote fair practices in the conduct
of election campaigns for Federal political offices, and for other pur-
poses. The Act directs the Comptroller General to prescribe rules and
regulations under title I, the "Campaign Communications Reform Act", and
under title III entitled "Disclosure of Federal Campaign Funds". This
chapter is entirely new and is issued by the Comptroller General to carry
out the statutory mandate.
Subehapter A contains regulations issued under title I of the Act,
and subchapter B contains regulations issued under title III of the Act.
Both subchapters will be amended from time to time in the light of ex-
perience under the Act. Such amendments will be published in the Federal
Register and codified in Code of Federal Regulations, title 11.
Subchapter A - Campaign Communications
(Table of part and section headings to be inserted)
PART 1 - SCOPE OF SUBCHAPTER AND
EFFECTIVE DATE
(Table of section headings to be inserted in each part)
AUTHORITY: This part issued under section 105, 86 Stat. 7,
U.S.C.
.
Interpret or apply sections 102, 103(b), 104(a), and
104(b), 86 Stat. 3-7,
U.S.C.
B 1.1 Scope
(a) This subchapter applies to all legally qualified candidates
(as defined in S 2.8 below) for nomination or election to the offices
of President or Vice President of the United States, or the offices
of Senator or Representative in, or Resident Commissioner or Delegate
to, the Congress of the United States. It relates to expenditures for
communications media (as defined in 6 2.1 below) by such candidates in
connection with their campaigns for nomination or election.
(b) This subchapter is to be read together with the regulations
issued by the Federal Communications Commission under section 103(a)
and section 104(c) of the Campaign Communications Reform Act, and with
the regulations issued under title III of the Federal Election Campaign
Act of 1971 by the supervisory officers named therein (Secretary of the
Senate, Clerk of the House of Representatives, and Comptroller General).
0 1.2 Effective date
This subchapter is effective on April 7, 1972.
-2-
PART 2 - MEANING OF TERMS USED IN THIS SUBCHAPTER
(Table)
AUTHORITY: Section 105, 86 Stat. 7,
U.S.C.
: Interpret
or apply section 102, 86 Stat. 3.4.
§ 2.1 Communications media
"Communications media" means broadcasting stations, newspapers,
magazines, outdoor advertising facilities, and telephones; but, with
respect to telephones, spending or an expenditure shall be deemed to
be spending or an expenditure for the use of communications media only
if such spending or expenditure is for the costs of telephones, paid
telephonists, and automatic telephone equipment used by a candidate
for Federal elective office to communicate with potential voters (ex-
cluding any costs of telephones incurred by a volunteer for use of
telephones by him).
§ 2.2 Broadcasting Station
"Broadcasting station" means a radio or television station or a
community antenna television system providing a broadcasting service
in which sound or sight transmissions are intended for direct reception
by the general public, as further defined by the regulations or guidelines
of the Federal Communications Commission.
§ 2.3 Outdoor Advertising Facilities
"Outdoor advertising facilities" means billboards and commercial
advertising signsand displays used outdoors and in buses, subways and
other mass transit facilities including stations. It does not include
bumber stickers, emblems, banners, handouts and handbills, and similar
items sold or distributed free in connection with election campaigns, and
does not include posters placed by volunteers.
§ 2.4 Expenditure and Spend
"Expenditure" and "spend" mean the purchase, promise to
purchase, or payment for, any use of the communications media on
behalf of any legally qualified candidate's candidacy for
nomination or election to Federal elective office.
SEA 2.5 Newspaper
"Newspaper" means
§ 2.6 Magazine
"Magazine" means
§ 2.7 Federal elective office
"Federal elective office" means the office of President of the
Untied States, or of Senator or Representative in , or Resident Commis-
sioner or Delegate to, the Congress of the United States.
$ 2.8 Legally qualified candidate
"Legally qualified candidate" means any person who (A) meets the
qualifications prescribed by the applicable laws to hold the Federal
elective office for which he is a candidate, and (B) is eligible under
applicable State law to be voted for by the electorate directly or by
means of delegates or electors.
8 2.9 Federal candidate
"Federal candidate" means any legally qualified candidate for
Federal elective office.
§ 2.10 Voting age population
Briender
"Voting age population" means resident population, eighteen years
of age and older.
§ 2.11 State
"State" includes the District of Columbia and the Commonwelath of
Puerto Rico.
§ 2.12 Election
"Election" means a general, special, primary, or runoff election
for a Federal elective office.
- 5 -
$ 2.13 Act
"Act" means title I of the Federal Election Campaign Act of 1971
entitled the Campaign Communications Reform Act.
§ 2.14 Comptroller General
"Comptroller General" means the Comptroller General of the United
States
§ 2.15 Person
"Person" means an individual, partnership, committee, association,
corporation, labor organization, and any other organization or group
of persons.
§ 2.16 Supervisory officer
"Supervisory officer" means the Secretary of the Senate with respect
to candidates for United States Senator; the Clerk of the House of Repre-
sentatives with respect to candidates .for Representative in, or Delegate
or Resident Commissioner to, the Congress of the United States; and the
Comptroller General of the United States in any other case.
PART 3 - NEWSPAPER AND MAGAZINE
CHARGES FOR CAMPAIGN USE
(Table)
AUTHORITY: This part issued under section 105, 86 Stat.7,
U.S.C.
Interpret or apply section 103(b), 86 Stat. 4,
U.S.C.
§ 3.1 Scope of part
(a) This part applies to any newspaper or magazine and to any person
who sells space therein to any legally qualified candidate for nomination
or election to Federal elective office (as defined in $2.3 above) or to
any political committee or other person for use in connection with such
candidate's campaign. It, however, applies only to the extent that any
person sells space in a newspaper or magazine to such candidate, committee,
or other person.
S 3.2 Comparable use charges
(a) The charges made for the use of space in any newspaper or
magazine in connection with a campaign for nomination or election to
Federal elective office shall not exceed the charges made for comparable
use of such space for other purposes. Such charges may not be higher
than the rate the newspaper or magazine would charge if the Federal
candidate were a general rate advertiser whose advertising was directed.
to promoting its business within the same area as that encompassed by
the particular office for which such person is a candidate. The rate.
shall take into account the amount of space used, the number of times
used, the frequency of use, and the kind of space. used, as well as the
type of advertising copy submitted by or on behalf of the candidate. All
discount privileges otherwise offered by a newspaper or magazine to @-
general rate advertisers shall be available upon equal terms to all
candidates for public office.
(b) A newspaper or magazine may, if it chooses, require payment
in advance or the posting of security for the use of space in connection
with a campaign. See, however, § 4.11 below for the requirement of
certification by the Federal candidate or an authorized agent in order
for any charge to be made.
§ 3.3 Rate Cards
Every newspaper and magazine which sells space to or for any
Federal candidate shall maintain an advertising rate schedule or card
showing its commercial advertising rates and discounts. Such schedule
or card shall be made available for inspection by such candidates, or
their authorized representatives, and by the supervisory officers, or
their authorized representatives, upon request.
§ 3.3 Publisher's certificate (alternative)
In connection with any sale of space in a newspaper or magazine
to or for any Federal candidate, the newspaper or magazine, by an
authorized person, shall certify in writing to the candidate that the
charges made for the campaign use of such space do not exceed the
charges made to other users for comparable use of such space for other
purposes. At the option of the newspaper or magazine, such certifi-
cate may be a part of the contract, invoice, bill, or statement of
charges rendered for the transaction or on a separate form. In any
case, the newspaper or magazine shall retain a copy of its certificate
for a period of two years from the date of the certificate.
§ 3.4 Complaints of violations
(a) Any legally qualified candidate for Federal elective office
or nomination thereto who believes that a newspaper or magazine has
violated any provision of this part may file a complaint with the
Comptroller General, after making reasonable good faith efforts to
resolve the difference with the newspaper or magazine.
(b) The complaint shall give details of the alleged violation and
shall be as specific as possible. The complainent shall simultaneously
send a copy of the complaint to the newspaper or magazine. The latter
shall furnish to the Comptroller General as promptly as possible a full
-8-
explanation of its position. Both parties shall furnish each other with
a copy of all correspondence and documents sent to the Comptroller
General.
(c) The Comptroller General shall promptly investigate any such
complaint, and if he determines that there has been an apparent viola-
tion of this part, he shall refer the matter to the Attorney General of
the United States for appropriate action.
PART 4 - EXPENDITURE LIMITATIONS FOR
USE OF COMMUNICATIONS MEDIA
(Table)
AUTHORITY: Section 105, 86 Stat. 7,
U.S.C.
. Interpret
or apply section 104(a) of the Act, 86 Stat. 5,
U.S.C.
SUBPART A - AMOUNT OF LIMITATION
$ 4.1 Determination by Comptroller General
(a) The expenditure limitations for the use of communications media
are applicable to all legally qualified candidates for Federal elective
office. Expenditures by and on behalf of such a candidate for campaign
purposes may not exceed an amount arrived at by multiplying 10 cents by
the voting age population of the geographical area in which the election
is held, or $50,000, whichever is greater. Expenditures for the use of
broadcasting stations for such purposes is limited to 60 percent of the
total amount allowable for communications media.
(b) The allowable amount shall be increased for each calendar year
by the percentage, if any, by which the Consumer Price Index (all items--
United States city average) for the preceding 12 months increased over
the index for calendar year 1970. The Secretary of Labor shall determine
this percentage increase at the beginning of each calendar year (commene-
ing in 1972) certifv it to the Comptroller General. and publish it in
the Federal Register.
(c) The Secretary of Commerce, on or before April 7, 1972, and
during the first week of January 1973 and every subsequent year, shall
certify to the Comptroller General and publish in the Federal Register
an estimate of the voting age population of each State, including Puerto
Rico and the District of Columbia, and each congressional district for
the preceding calendar year. Such estimates shall be based on a mid-year
date in accordance with standard procedures used in the Department of
Commerce for estimating population for other purposes.
(d) The Comptroller General, as soon as practicable after he has
received such data from the Secretary of Labor and the Secretary of
Commerce, shall determine the amount of the expenditure limitation for
each State and congressional district and for the nation and shall
publish such amounts in the Federal Register and otherwise make them
available to all candidates, political committees, and other interested
persons. The amounts as determined above shall apply throughout the
calendar year when such determinations are made and thereafter to any
special election which may be held before new determinations have been
certified to the Comptroller General by the Secretary of Labor and the
Secretary of Commerce.
§ 4.2 Separate limitation for each election
Each primary, general, special, or runoff election is a separate
election, and a new expenditure limitation is applicable, thereto. The
limitation in each election is the amount determined under $ 4.1 above
for the applicable geographical area and calendar year. No amount shall
be carried over from one election to another.
- 10 -
§ 4.3 "Expenditure" and "spend"; when decmed to take place; election
attributed to
(a)
An expenditure or spending is deemed to take place on
the date or dates when the particular communications medium is actually
used, regardless of when payment therefor is made and regardless of
the date of any contract or promise. Such expenditure or spending
shall be charged against the amount of the expenditure limitation
applicable to the election in connection with which the particular
communications medium is actually used, regardless of when payment
therefor is made and regardless of the date of any contract or promise.
(b) Any expenditure or spending for the use of a communications
medium, when such use occurs on or after April 7, 1972, the effective
date of the Act, shall be reported and charged against the expenditure
limitation applicable to the election in which such medium is used,
regardless of whether or not the use is paid for or contracted for
prior to such date. However, no charge against the limitation shall be
made when such use occurs entirely before the effective date of the
Act, regardless of whether or not the use is paid for on or after the
effective date.
- 11 -
$ 4.4 Expenditures on behalf of a Federal candidate
Expenditures by a candidate, a political committee, or other person,
7
why
whether or not authorized by the candidate, for the use of communications
media on behalf of the candidacy of any legally qualified candidate for
nomination or election to Federal elective office are deemed, for the
purposes of this part to be made or spent by the candidate. A use is
deemed to be "on behalf of the candidacy" of any such candidate if it
and advocates his candidacy;
no
(a) involves his participation by voice or image, or (b) mentions his
X
name, directly or by implication, and advocates his candidacy.
The amount of any such expenditure shall be charged against the
expenditure limitation of the candidate for the election in which the
communications medium is used. Such expenditures by or on behalf of any
legally qualified candidate for Vice President are deemed, for the
purposes of this part, to be spent by the candidate for the office
of President with whom he is running. See S 4.11 below for the requirement
of certification by the candidate or an authorized agent in order for
any charge to be made.
§ 4.5 Amounts spent urging opponent's defeat or derogating his stand
(a) Any expenditure for the use of communications media urging
the defeat of a candidate's opponent or derogating his stand on cam-
paign issues shall be deemed to be an expenditure for the use of com-
munications media by or on behalf of the candidate and shall be charged
against the candidate's expenditure limitation for the election in con-
nection with which the particular medium is used, whether or not such
use involves the candidate's name or appearance, if the candidate has
directly or indirectly authorized such use or if the circumstances of
such use taken as a whole are such that knowledge and consent may reason-
(b) In the case of expenditures included within subsection (a),
the particular communications medium used shall determine the identity
and organizational affiliation, if any, of the person making the expendi-
ture and shall require such person to state in writing whether or not
he is authorized by a candidate to make such expenditure, or whether a
candidate has knowledge of such expenditure and has given consent to it.
If the person states that a candidate has authorized the expenditure or
that it is being made with a candidate's knowledge and consent, the
medium may not make a charge for such use without a certification from
such candidate or an authorized agent as required under $ 4.11 below.
If the person states that no candidate has authorized the expenditure or
consented to it with knowledge, the medium may allow the use and make a
charge therefor, provided that it has taken reasonable precautions under
the particular circumstances to verify the identify and affiliation of such
person and the accuracy of the written statement. Any doubts as to the
identity, organizational affiliation or the accuracy of the written statements
should be resolved by the medium in favor of requiring a certification from
a candidate or his authorized agent, as required under cose 4.11 below, before
making the charge.
(c) Any willfully false or fraudulent statements or representations
in such a statement will subject the person making the same to the
criminal penalties provided by section 1001 of title 18- United States Code.
(d) There is no requirement intended under this subchapter that
any such advertising be accepted. Each communications medium is responsible
for assuring itself that any use of its facilities does not result in a
violation of the Act or this subchapter.
§ 4.6 Allocation of expenditure between candidates
(a) Whenever a single use of a particular communications medium
is by or on behalf of two or more candidates for Federal clective
offices, the amount attributable to the expenditure limitation of
each candidate shall be the amounts agreed upon by the candidates
involved in advance of the use and shown on the certificate required
under sections 104(b) and 104 (c) of the Act and section 4.11 of this
Subchapter. Such allocation must be based on reasonable standards.
Any allocation under this subsection shall be reported to each appropriate
supervisory officer as an expenditure under title III of the Act and
each candidate shall retain for audit all documents supporting the
allocation.
(b) Whenever a single use of a particular communications medium
is by or on behalf of one or more candidates for Federal elective
office and also one or more candidates for State or local office,
allocation must be made of a portion of the cost to the limitation
prescribed in section 104(a) of the Act for each such Federal candidate.
In so allocating, the same considerations set forth in subsection(a)
above shall apply. If the amount so allocated to the Federal candidate's
limitation exceeds the cost to him or his organization for such use, the
difference must be treated as a contribution in kind to the candidate
by the individual or organization bearing that cost.
(c) The particular communications medium involved shall require a
certification, as prescribed in Section 4.11 of this Subchapter, to the effect
that payment of such portion of the charge as is allocated to each Federal
candidate will not violate his spending limitation. Where the use is on
behalf of more than one Federal candidate such certification must be made by
§ 4.7 Records of communications media expenditures
It is the responsibility of each candidate for Federal elective
office, by whom or on whose behalf there is spent any amount for the
use of communications media included under this subchapter, to main-
tain accurate and complete current records of such expenditures apart
from records of expenditures for other purposes.
7
SUBPART B - CERTIFICATION REQUIREMENTS
FOR USE OF NEWSPAPERS, MAGAZINES
AND OUTDOOR ADVERTISING FACILITIES
AUTHORITY: This subpart issued under section 105, 86 Stat. 7,
U.S.C.
Interpret or apply section (b), 86 Stat.
,
U.S.C.
§ 4.11 Prohibition of charges without certification
(a) No person may make any charge for the use of any newspaper,
magazine, or outdoor advertising facility by or on behalf of any legally
qualified candidate for Federal elective office (or for nomination to
such office), unless the candidate, or a person specifically authorized
by the candidate in writing to do so, certifies in writing that the pay-
including any agent's commission allowed the agent by the media,
ment of such charge/will not violate the expenditure limitation applicable
to the candidate for the election in connection with which the newspaper,
what
magazine or outdoor advertising facility is used. Certifications must
about
be obtained for each individual use or series of uses from each such
candidate by or for whom or on whose behalf such use is made. Joint
Cirt.
certifications, showing the allocation of the total cost among the candi-
dates as prescribed in section 4.6 of these regulations, must be obtained
from joint users.
- 15 -
(b) While there is no intent in these regulations to prohibit the
donation of space by a newspaper, magazine, or outdoor advertising
business for use by or on behalf of a candidate for Federal elective
constitute
office, the value of such a donation may / a contribution in kind,
an
or/expenditure which must be reported by the recipient as prescribed in
Title III of the Federal Election Campaign Act of 1971, and which is
subject to the provisions of title II of said Act and section 610 of
title 18, United States Code, making it unlawful for national banks,
corporations or labor organizations to make contributions or expenditures,
except under certain circumstances.
4.12 Form of certification and authorization
(a) Each certification required under $ 4.11 above shall state the
name and address of the newspaper, magazine, or outdoor advertising
facility, the date(s) used, a brief description of the advertisement,
the office sought and the election involved, the name and political
affiliation of the candidate, and the rate and amount of the charge, and
it shall be signed and dated by the candidate (or a person specifically
authorized by such candidate in writing to do so). The certification shall
be substantially in the following form:
"I
certify that the payment of the charge in the
Shinch
amount of $
by
for the
allow
(name & address of media firm)
use of advertising space on behalf of the candidacy of
(name & political
Bulking
in the
affiliation of candidate)
(primary, run off, or general election)
for
their
(Title of office, including Congressional district if appropriate)
in the State of
; will not violate the candidate's
expenditure limitation under paragraph (1) (2) or (3) of Section 104(a)
of the Campaign Communications Reform Act, Public Law 92-225. The
advertising referred to in this certification is for display or
publication on
in
(indicate date or dates)
(Newspaper, magazine or
location of outdoor advertising)
(Date signed)
(Signature of candidate (or a person
specifically authorized in writing by
the candidate to so certify))
(b) The original certification shall be given to the person making
the charge before the order or agreement for the particular use is
accepted. One copy of the certification shall be retained by the
candidate or such authorized person. If there is a change in the
amount of the charge or the date of the use, an amended certification shall
be required.
or persons
(c) Each authorization by a candidate to another person/to make
certifications on behalf of the candidate shall state the name, address
and organizational affiliation of each authorized individual, the name
of the candidate, the office sought and the election involved, and any
restrictions or limitations imposed, and it shall be signed and dated
by the candidate. The authorized individual shall provide a copy of
the authorization to the person making the charge together with his
certification.
(d) Every newspaper, magazine or outdoor advertising facility
shall keep and permit public inspection of all certifications and copies
of authorizations made by or on behalf of each legally qualified
candidate for Federal elective office, together with an appropriate
notation showing the use actually made by each such candidate and the
charges made, if any. Such records shall be retained for a period of
Inc
five years
long
(e) Any person who willfully makes a false 'or fraudulent certification
or authorization under this subpart will be subject to the criminal
penalties provided by section 1001 of title 18, United States Code.
SUBPART C - OUTDOOR ADVERTISING FACILITIES.
AUTHORITY: This subpart issued under section 105, 86 Stat. 7,
U.S.C.
Interpret or apply section 102(1), 86 Stat.3,
U.S.C.
.
§ 4. 21 Apportionment when used in more than one election
When an outdoor advertising facility is used in connection with
more than one election (e.g., in both a primary and a general election)
the expenditure for the facility shall be apportioned between such
elections on the basis of the number of days used for each such election.
SUBPART D - - TELEPHONE USE TO COMMUNICATE
WITH POTENTIAL VOTERS
AUTHORITY: This subpart issued under section 105, 86 Stat. 7,
U.S.C.
.
Interpret or apply section 102(1), 86 Stat.
,
U.S.C.
.
$ 4.31 Applicability
(a) An expenditure by or on behalf of a Federal candidate for telephones
is deemed to be for the use of communications media andis to be charged
against the candidate's spending limitation under section 104 of the Act
only if it is for the costs of telephones, paid telephonists, and
automatic telephone equipment obtained for the specific purpose of
communicating with potential voters. Other telephone costs of a
candidate, his staff and his authorized committees for campaign francing
purposes are excluded.
(b) Any telephone costs incurred by a volunteer for use of telephones
by him are also excluded. For the purposes of this subchapter, any
indivudual other than a candidate, his paid staff, or the paid staff of
7
his authorized committees, who incurs telephone costs for use by such
july
individual without authority from the candidate and without charge to
night
the candidate, is considered to be a volunteer, and his costs are excluded
from the candidate's spending limitations under the Act."
(c) However, the costs of any such volunteer may constitute a
contribution in kind or an expenditure which must be reported under
title III of the Federal Election Campaign Act of 1971, and which may be
subject to the provisions of title II of that Act.
SUBPART E - BROADCASTING
STATIONS
AUTHORITY: This subpart issued under section 105, 86 Stat. 7,
U.S.C.
.
Interpret or apply sections 102(2) and 104(a),
86 Stat.
,
U.S.C.
§ 4.41 Charges by broadcasting stations to Federal candidates
(a) Expenditures for the use of broadcasting stations by or on
behalf of the candidacy of a Federal candidate for the purposes of section
104(a) of the Act and this subchapter include not only the direct charges
of the media but also agents commissions allowed the agent by the media.
why limit to
7
(b) Such expenditures for the purposes of section 104(a) of the Act
and this subchapter, are limited to time charges for the use of broadcasting
stations and do not include production costs or incidental costs whether
charged by the station or by any other person.
PART 5 - ADMINISTRATION AND PENALTIES
AUTHORITY: This part issued under section 105, 86 Stat. 7,
U.S.C.
.
Interpret or apply sections 102, 103(b), 104(a).
104 (b), 105, and 106, 86 Stat.
U.S.C.
,
§ 5.1 Administration by supervisory officers
It shall be the responsibility of each supervisory officer to
administer the regulations contained in the subchapter with respect
to candidates under his jurisdiction, namely: (a) the Clerk of the
House of Representatives with respect to candidates for the of fice of
Representative in, or Resident Commissioner or Delegate to, the Congress
of the United States; (b) the Secretary of the Senate with respect to
candidates for the office of Senator in the Congress of the United States;
and (c) the Comptroller General with respect to candidates for nomination
or election to the Office of President or Vice President of the United
States and in any other case.
§ 5.2 Reporting communications media expenditures
All expenditures made for the use of communications media on behalf
of the candidacy of any Federal candidate in each election shall be
reported to the appropriate supervisory officer by the candidate or the
person or the political committee making the expenditure on behalf of the
candidate as a part of the periodic reports required under section 304
or section 305 of the Federal Election Campaign Act of 1971.
- 20 -
SER 5.3 Retained copies and reocrds
(a) Every Federal candidate, person; or the treasurer of a political
committee required to report communication media expenditures to the
appropriate supervisory officer under $ 5.2 above, shall preserve a copy
of each such report for five years after the date of filing and shall
maintain records on the matters required to be reported, including vouchers,
worksheets, and receipts, which will provide in sufficient detail the
necessary information and data from which the filed reports and statements
may be verified, explained or clarified, and checked for accuracy and
completeness, and shall keep such records available for examination by the
supervisory officer, or his authorized representatives, for a period of not
less than five years after the filing of the reports or statements or
any amendments based on the information which they contain.
§ 5.4 Investigations, complaints of violations, and
referrals to Attorney General
The appropriate supervisory officer shall be responsible for
administering the spending limitations applicable to candidates under
his jurisdiction and on his own initiative or on the basis of a compalint
by any person, shall promptly investigate any alleged violation or
irregularity. If the supervisory officer determines that there has been
an apparent violation of law, he shall refer the matter to the Attorney
General of the United States for appropriate action.
0 5.5 Penalties
Any person who willfully and knowingly violates any provision of
sections 103(b), 104(a), or 104(b) of the Act or any regulation in this
subchapter shall be punished by a fine of not more than $5,000 or by
imprisonment of not worf. than five years, or both.
PART 6 - EXPENDITURE LIMITATIONS FOR CANDIDATES
FOR PRESIDENT AND VICE PRESIDENT
SUBPART A - PRE-NOMINATION EXPENDITURES
AUTHORITY: This subpart issued under sections 104 (a) (3) (C) and
105, 86 Stat.
,
U.S.C.
.
Interpret or apply sections
104(a) (3) and 104 (a) (3) (c), 86 Stat.
U.S.C.
,
$ 6.1 Coverage
(a) This subpart applies only to candidates for presidential nomination
with respect to expenditures incurred on behalf of their candidacies for
such nomination. Subpart B below applies to candidates for President and
Vice President after nomination and with respect to the general election.
(b) For purposes of this subpart, a candidate for presidential
nomination is considered to be such a candidate in each state in which he
makes an expenditure for the use of any communications medium on behalf
of his candidacy for any political party's nomination for election to the
office of President, whether or not the political party in the particular
State selects its delegates to its national nominating convention by means
of a convention or caucus, a presidential preference primary election, or
a delegate selection primary election.
(c) For purposes of this subpart, a person is a candidate for
presidential nomination during the period--
(i) beginning on the date on which he (or any other
person on his behalf) makes an expenditure for the use of
any communications medium on behalf of his candidacy for
any political party's nomination, but in any event not
earlier than January 1st of the year in which the presidential
election is to be held, and
- 22 -
(ii) ending on the date on which such political party
nominates a candidate for the office. of President.
The foregoing sentence applies regardless of whether the person has made
a public announcement of his candidacy. It also applies during the
period after the selection of delegates by State primary or convention up
to and including the date of conclusion of such party's national nominating
convention.
(d) In the case of any person who is seeking the presidential
nomination of more than one political party, such a person is
considered to be a candidate for presidential nomination until
he is nominated by one of those parties. Thereafter, he shall be
considered to be a candidate for such office in the general election,
and his expenditures will be charged against his limitation under section
104 (a) (1) of the Act.
(e) In calendar year 1972, however, no person shall be considered
ok
to be a candidate for presidential nomination prior to April 7, 1972,
the effective date of the Act. Nonetheless, any expenditure for the use
of communications media, when such use occurs on or after April 7, 1972,
is required to be reported and charged against the expenditure limitation
applicable to the election in which used, regardless of whether or not the
use is paid for or contracted for prior to April 7, 1972.
§ Expenditure limitations by State
No candidate for presidential nomination may spend for use of
communications media or braodcasting stations in any State in excess of the
amounts which are allowable to a candidate for the United States Senate
from such State (or for Delegate or Resident Commissioner in the case of
the District of Columbia dr the Commonwealth of Puerto Rico). This
limitation applies in States holding conventions or caucuses for the
selection of delegates, as well as in States holding primary elections.
In the case of expenditure for nationwide use of communications media,
it shall be attributed to each State reached under $ 6.3 below, and
the candidate may not exceed his limitation in any such State.
@ 6.3 Apportioning amounts spent for use of communication media in
two or more States
AUTHORITY: This section issued under section 104 (a) (3) (E),
86 Stat.
,
U.S.C.
(a) This section shall apply only when a candidate for presidential
nomination makes an expenditure for the use of a communication medium
and the particular communication medium used can reasonably be expected.
to reach persons in two or more States. In each case where the foregoing
criterion is met, the expenditure shall be attributed to the candidate's
expenditure limitation in each such State, apportioned on the basis of
the number of persons in such State who can reasonably be expected to
be reached by such communication medium in the same proportion as that
number of
figure bears to the total/persons reached by that medium in all states.
In no case, will there be any apportionment of an expenditure where the
particular use is clearly directed at persons in only one State.
Expenditures for outdoor advertising are deemed to be directed at persons
only in the state where the outdoor advertising facilities being used
are located and, therefore, there shall be no apportionment of outdoor
advertising costs.
- 24 -
(b) For purposes of computing amounts to be apportioned to the
limitation in each state for use of a particular communication medium
directed at persons in two or more States,
(1) When entering into an agreement for a time purchase
on a broadcasting station or network by or on behalf of a
candidate for presidential nomination, the broadcasting station
or network shall inform the purchaser of the total population
in each state receiving "primary service" (as defined by FCC
standards) from cuch station or network. For TV stations,
the Grade B contour shall be used. For FM stations, the 1 mv/m
contour shall be used. For AM stations, the percentage shall be
related to daytime and nighttime coverage;
(2) When entering into an agreement for the purchase of
space in a newspaper or magazine, the publication shall inform
the purchaser of its circulation figures in each State reached
by the publication.
SUBPART B-- POST-NOMINATION EXPENDITURES
§ 6.11 Expenditure limitation in general election
(a) Buring the period beginning on the day after his acceptance
of a party's nomination or on the day he becomes a legally qualified
candidate in any State, no legally qualified candidate for the
office of President may spend for the use of communications media on
behalf of his candidacy for election to such office a total amount
in excess of the expenditure limitation for the national as a whole
as determined by the Comptroller General under 5 4.1 above, or spend
for the use of broadcasting stations on behalf of his candidacy a
total amount in excess 101 60 percent of such national expenditure limitation.
(b) Amounts spent for the use of communications media by or on
behalf of any legally qualified candidate for the office of Vice
President of the United States shall, for the purposes of this section,
be deemed to have been spent by the candidate for the office of
President of the United States with whom he is running.
Revised Draft
March 1, 1972
P. 6
TITLE III OF PUBLIC LAW 92-225
REGULATIONS OF THE COMPTROLLER GENERAL
7
(11 CFR, CH. I)
1
Subchapter B - Disclosure of Federal Campaign Funds
(Table of part and section heading to be inserted)
8
PART 11 - SCOPE OF SUBCHAPTER, EFFECTIVE
8
DATE, AND DEFINITIONS
(Table of section headings to be inserted in each part)
17
AUTHORITY: This part issued under section 308(a) (13), 86 Stat.
U.S.C.
Interpret or apply section 301, 86 Stat.
,
U.S.C.
17
SUBPART A - SCOPE AND EFFECTIVE DATE
38
8 11.1 Scope
This subchapter is issued by the Comptroller General of the United
States in his capacity as a supervisory officer under title III of the
Federal Election Campaign Act of 1971 (Public Law 92-225) and is applic-
able to campaigns for nomination or election to the offices of President
and Vice President of the United States. It is to be read together with
the regulations issued by the Comptroller General and with the guide-
lines or regulations issued by the Federal Communications Commission under
title I of the Act, as well as with the regulations issued by the other
apervisory officers under title III of the Act, namely the Secretary of
the Senate with respect to senatorial campaigns and the Clerk of the House
of Representatives with respect to congressional campaigns.
§ 11.2 Effective date
This subchapter is effective on April 7, 1972, the effective date
of the Act.
SUBPART B - MEANING OF TERMS USED IN THIS SUBCHAPTER
§ 11.11 Election
"Election" means (1) a general special, primary, or runoff election,
(2) a convention or caucus of a political party held to nominate a candi-
date, (3) a primary election held for the selection of delegates to a
national nominating convention of a political party, (4) a primary elec-
tion held for the expression of a preference for the nomination of per-
sons for election to the office of President, and (5) the election of
delegates to a constitutional convention for proposing amendments to the
Constitution of the United States;
§ 11.12 Candidate
"Candidate" means an individual who seeks nomination for election,
or election, to Federal office, whether or not such individual is elec-
ted, and, for purposes of this paragraph, an individual shall be deemed
to seek nomination for election, or election, if he has (1) taken the
action necessary under the law of a State to qualify himself for nomi-
nation for election, or election, to Federal office, or (2) received
contributions or made expenditures, or has given his consent for any
other person to receive contributions or make expenditures, with a view
to bringing about his nomination for election, or election, to such
office;
B 11.13 Federal office
"Federal office" means the office of Presidnet or Vice President
of the United States; or of Senator or Representative in, or Delegate
or Resident Commissioner to, the Congress of the United States;
-2-
§ 11.14 Political committee
"Political committee" means any committee, association, or organi-
zation which accepts contributions or makes expenditures during a calendar
year in an aggregate amount exceeding $1,000;
8 11.15 Contribution
"Contribution" means-
(1) a gift, subscription, loan, advance, or deposit of money
or anything of value, made for the purpose of influencing the
nomination for election, or election, of any person to Federal
office or as a presidential or vice-presidential elector, or for
the purpose of influencing the result of a primary held for the
selection of delegates to a national nominating convention of a
political party or for the expression of a preference for the
nomination of persons for election to the office of President, or
for the purpose of influencing the election of delegates to a
constitutional convention for proposing amendments to the Consti-
tution of the United States;
(2) a contract, promise, or agreement, whether or not legally
enforceable, to make a contribution for any such purpose;
(3) a transfer of funds between political committees;
(4) the payment by any person other than a candidate or
political committee, of compensation for the personal services of
another person which are rendered to such candidate or committee
without charge for any such purpose; and
(5) notwithstanding the foregoing meanings of "contribution"
-3-
the word shall not be construed to include services provided with-
out compensation, by individuals volunteering a portion of all of
their time on behalf of a candidate or political committee;
& 11.16 Expenditure
"Expenditure" means-
(1) a purchase, payment, distribution, loan, advance, deposit,
or gift of money or anything of value, made for the purpose of
influencing the nomination for election, or election, of any per-
son to Federal office, or as a presidential and vice-presidential
elector, or for the purpose of influencing the result of a primary
held for the selection of delegates to a national nominating con-
vention of a political party or for the expression of a preference
for the nomination of persons for election to the office of Presi-
dent, or for the purpose of influencing the election of delegates
to a constitutional convention for proposing amendments to the
Constitution of the United States;
(2) a contract, promise, or agreement, whether or not legally
enforceable, to make an expenditure; and
(3) a transfer of funds between political committees;
B 11.17 Supervisory officer
"Supervisory officer" means the Secretary of the Senate with respect
to candidates for Senator; the Clerk of the House of Representatives with
respect to candidates for Representatives in, or Delegate or Resident
Commissioner to, the Congress of the United States; and the Comptroller
General of the United States in any other case;
-4-
B 11.18 Person
"Person" means an individual, partnership, committee, association,
corporation, labor organization, and any other organization or group
of persons; and
§ 11.19 State
"State" means each State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and any territory or posses-
sion of the United States.
§ 11.20 Act
"Act" means the Federal Election Campaign Act of 1971, enacted
February 7, 1972, and effective April 7, 1972;
§ 11.21 Comptroller General
"Comptroller General" means the Comptroller General of the United
States;
B 11.22 Director
"Director" means the Director of the Office of Federal Elections
in the United States General Accounting Office;
§ 11.23 Office
"Office" means the Office of Federal Elections in the United States
General Accounting Office;
B 11. 24 Public Documents Room
"Public documents room" means the room designated by the Director
for public inspection and copying of any report or statement required
to be made available to the public under the Act. The room designated
shall be in the General Accounting Office Building located at 441 G Street,
N.W., Washington, D. C. 20548;
-5-
8 11.25 Report of statement
"Report" or "statement" means any report or statement required to
be filed with the Comptroller General (except where the reference is
specifically to a report required to be made by the Comptroller General)
The two terms may be used interchangeably, and either term when used alone
includes the other.
PART 12 - ORGANIZATION OF POLITICAL COMMITTEES
(Table)
AUTHORITY: This part issued under section 308(a)(13), 86 Stat.
,
U.S.C.
Interpret or apply section 302, 86 Stat.
,
U.S.C.
6 12.1 Organization
(a) Every political committee (as defined in § 11.14 above) shall
have a chairman and a treasurer, who shall be separate individuals.
(b) No contribution and no expenditure shall be accepted or made
by or on behalf of a political committee at a time when there is a
vacancy in the office of either the chairman or the treasurer thereof.
(c) No expenditure shall be made for or on behalf of a political
committee without the authorization of its chairman or treasurer, or
their designated agents.
B 12.2 Duty of person receiving contribution for a political committee
Every person who receives a contribution in excess of $10 for a
political committee shall, on demand of the treasurer, and in any event
within five days after receipt of such contribution, render to the treas- -
urer a detailed account thereof, including the amount, the name and
pay
address (occupation and the principal place of business, if any) of the
person making such contribution, and the date on which received.
-6-
$ 12.3 Funds
All funds of a political committee shall be segregated from, and
may not be commingled with, any personal funds of officers, members,
or associates of such committee.
B 12.4 Account of contributions and expenditures
(a) Contributions
(1) The treasurer of a political committee shall keep a
detailed and exact account of all contributions made to or for
such committee, including the full name, residential mailing
address, occupation, and principal place of business of every
person making a contribution in excess of $10, and the date and
amount thereof. Occupation includes job title or description,
if the person is employed, and principal place of business in-
No
cludes the name and address of the person's employer.
(2) For the purposes of this subchapter, the treasurer shall
use reasonable efforts to obtain the information required in para-
graph (1) including a request for such information on all mail,
advertising, and personal solicitations of funds. When a contri-
bution in excess of $10 but not in excess of $100 is received with-
out all of such information, the treasurer is not required to request
the missing information. When a contribution in excess of $100 is
mol.
received without all of such information, the treasurer is required
to request the missing information, and he shall keep a complete
record of his efforts to do SO. When a contribution in excess of
$500 is received without all of such information, the treasurer
-7-
mits
This too intoime,
shall return the contribution to the person making the same
why
unless all of such information is obtained within 30 days after
the date of receipt:
puch limit a
(b) Expenditures. The treasurer of a political committee shall keep
a detailed and exact account of all expenditures made by or on behalf
what
of such committee, including the full name, business mailing address,
no
occupation and principal place of business of every person to whom any
expenditure is made, the date and amount thereof, and the name, address,
and office sought by, each candidate (including candidates for State or
local office) on whose behalf such expenditure was made.
8 12.5 Receipted bills for expenditures exceeding $100
The treasurer shall obtain and keep a receipted bill, stating the
particulars of the expenditure and the purpose for which made, for every
expenditure made by or on behalf of a political committee in excess of
$100, and for expenditures in lesser amounts if the aggregate amount to
the same person during the calendar year exceeds $100. In lieu of a
bill receipted by the person to whom the expenditure is made, the
treasurer may keep the cancelled check or checks showing payment of
the bill, together with the bill, invoice, or a contemporaneous memoran-
dum of the transaction stating the particulars of the expenditure and
the purpose for which made.
8 12.6 Notice of lack of authority from candidate
Any political committee which solicits or receives contributions
or makes expenditures on behalf of any candidate that is not authorized
in writing by such candidate to do so shall include a notice on the face
-8-
or front page of all literature and advertisements published in connec-
tion with such candidate's campaign by such committee or on its behalf
stating that the committee is not authorized by such candidate and that
such candidate is not responsible for the activities of such committee.
6 12.7 Notice of availability of committee reports from Government
Printing Office
Any political committee shall include on the face or front page of
all literature and advertisements soliciting funds the following notice:
"A copy of our report filed with the appropriate supervisory
officer is (or will be ) available for purchase from the Superin-
tendent of Documents, United States Government Printing Office,
Washington, D.C. 20402."
§ 12.8 Publication of annual report for each political committee
(a)The Comptroller General shall compile and furnish to the Public
Printer, not later than the last day of march of each year, an annual
report for each political committee which has filed a report with him
under this title during the period from March 10 of the preceeding calen-
dar year through January 31 of the year in which such annual report is
made available to the Public Printer. Each such annual report shall
contain-
(1) a copy of the statement of organization of the political
committee required under section 303, together with any amend-
ments thereto; and
(2) a copy of each report filed by such committee under sec-
tion 304 from March 10 of the preceding year through January 31 of
-9-
the year in which the annual report is so furnished to the Public
Printer.
(b) The Public Printer shall make copies of such annual reports
available for sale to the public by the Superintendent of Documents as
soon as practicable after they are received from the Comptroller General.
PART 13 - REGISTRATION OF POLITICAL COMMITTEES
(Table)
AUTHORITY: This part issued under section 308(a) (13), 86 Stat.
,
U.S.C.
.
Interpret or apply section 303, 86 Stat.
,
U.S.C.
§ 13.1 Registration of political committees with Comptroller General
(a) Each political committee which anticipates receiving contri-
butions or making expenditures during a calendar year in an aggregate
amount exceeding $1,000, any portion of which will be expended for the
purpose of influencing the nomination or election of any candidate or
candidates to the office of President or Vice President of the United
States shall file a statement of organization with the Comptroller
Excludes
General within 10 days after the effective date of this subchapter,
within 10 days after its organization, or within 10 days after the
not
been
committee has information which causes it to anticipate receiving such
4-7-73
contributions or making such expenditures exceeding $1,000, whichever
is later.
(b) Any political committee which supports candidates who are under
the jurisdiction of more than one supervisory officer is required to
register with each such supervisory officer. Such a committee should
consult also the regulations issued by the Secretary of the Senate and
-10-
the Clerk of the House of Representatives. No political committee which
is included within subsection (a) shall be excused from filing a statement
of organization with the Comptroller General by reason of being required
to file also with another supervisory officer.
§ 13.2 Forms and filing
(a) The statement of organization shall be filed on Form
,
which may be obtained from the Office of Federal Elections, General
Accounting Office, 441 G Street, N.W., Washington, D.C. 20548. The
statement shall include the following:
(1) the name and address of the committee;
(2) the names, addresses, and relationships of affiliated
or connected organizations;
(3) the area, scope, or jurisdiction of the committee;
(4) the name, address, and position of the custodian of
books and accounts;
(5) the name, address, and position of other principal
officers, including officers and members of the finance com-
mittee, if any;
(6) the name, address, office sought, and party affiliation
of (A) each candidate whom the committee is supporting, and (B)
any other individual, if any, whom the committee is supporting
for nomination for election, or election, to any public office
whatever; or, if the committee is supporting the entire ticket
of any party, the name of the party;
(7) a statement whether the committee is a continuing one;
-11-
(8) the disposition of residual funds which will be made in
the event of dissolution;
(9) a listing of all banks, safety deposit boxes, or other
repositories used;
(10) a statement of the reports required to be filed by the
committee with State or local officers, and, if so, the names,
addresses, and positions of such persons; and
(11) such other information as shall be required by the
Comptroller General.
(b) For the purposes of this part, the term "affiliated or connected
organization" means any corporation, business firm, labor union, founda-
tion, association or other group of persons
(1) whose membership is a substantial source of gift, dona-
tion, contribution, or loan to the registering committee; or
(2) which has organized the registering committee or caused
it to be organized; or
(3) whose membership or officers coincides substantially with
the registering committee; or
(4) which supplies facilities or staff to the registering
committee.
(c) A statement of organization required by the Comptroller General
shall be filed with the Office of Federal Elections, General Accounting
Office. 441 G Street, N.W., Washington, D.C. 20548 (1) by hand delivery
to the Office before the close of business on the last day prescribed
under § 13.1 above, or (2) by deposit postage prepaid and properly
-12-
addressed, in an established U.S. post office in time to be received at
the Office before the close of business on the last day prescribed under
6 13.1 above.
§ 13.3 Changes in information
Any change in information previously submitted in a statement of
organization shall be reported to the Comptroller General within 10 days
following the date of the change.
& 13.4 Discontinuance of registration
Any committee which, after having filed one or more statements of
organization with the Comptroller General, disbands or determines that
it will no longer receive contributions or make expenditures during the
calendar year in an aggregate amount exceeding $1,000 shall so notify
the Comptroller General. Such notification shall include a statement
as to the disposition of residual funds if the committee is disbanding.
8 13.5 Registration number
Upon receipt of a statement of organization under this part, the
Office of Federal Elections shall assign an identifying registration
number to the statement, acknowledge receipt thereof and notify the
political committee of the number assigned. This registration number
shall be entered by the political committee on all subsequent reports
or statements filed with the Comptroller General under the Act, as well
as on all communications concerning such reports or statements.
PART 14 - REPORTS BY POLITICAL COMMITTEES AND
CANDIDATES TO THE COMPTROLLER GENERAL
(Table)
AUTHORITY: This part issued under section 308(2)(13), 86 Stat.
,
U.S.C.
. Interpret or apply section 304, 86 Stat.
,
U.S.C.
-13-
8 14.1 Filing requirements
Periodic reports of receipts and expenditures under section 304(a)
of the Act are required to be filed with the Comptroller General by-
(a) Every candidate for nomination or election to the
office of President or Vice President of the United States;
(b) Every political committee (by its treasurer) which
supports a candidate or candidates for nomination or election
to the office of President or Vice President of the United
States See § 16.3 below for regulations relieving certain
political committees of this reporting obligation
& 14.2 Form and contents
(a) Reports of receipts and expenditures required under this part
shall be filed on Form
,
which may be obtained from the Office of
Federal Elections, General Accounting Office, 441 G Street, N.W.,
Washington, D.C. 20548.
(b) Each report under this part shall disclose-
(1) the amount of cash on hand at the beginning of the report-
ing period, including cash in banks, savings and loan associations
and other depositories, and other assets of the committee;
(2) the full name, residence mailing address, occupation. and
principal place of business, if any, of each person who has made
one or more contributions to or for such committee or candidate
(including the purchase of tickets for fundraising events, such
as dinners, luncheons, rallies, and similar events held to raise
funds for the committee or candidate) within the calendar year
-14-
in an aggregate amount or value in excess of $100, together with
the amount and date of such contributions;
(3) the total sum of individual contributions made to or
for such committee or candidate during the reporting period and
not reported under paragraph (2) above (do not list individual
names or amounts for contributions of $100 or less);
(4) the name and mailing address of each political commit-
tee or candidate from which the reporting committee or the candi-
date received, or to which that committee or candidate made, any
transfer of funds, together with the amounts and dates of all
transfers;
(5) each loan to or from any person within the calendar year
in an aggregate amount or value in excess of $100, together with
the full names and mailing addresses (occupations and the principal
places of business, if any) of the lender and endorsers, if any,
and the date and amount of such loans;
(6) the total amount of proceeds from (A) the sale of tickets
to each dinner, luncheon, rally, and other fund raising events;
(B) mass collections made at such events; and (c) sales of items
such as political campaign pins, buttons, badges, flags, emblems,
hats, banners, literature, and similar materials;
(7) each contribution, rebate, refund, or other receipt in
excess of $100 not otherwise listed under paragraphs (2) through (6);
-15-
(8) the total sum of all receipts by or for such committee
or candidate during the reporting period and the calendar year;
(9) the full name and business mailing address (occupation
and the principal place of business, if any) of each person to
whom expenditures have been made by or on behalf of such com-
mittee or candidate within the calendar year in an aggregate
amount or value in excess of $100, together with the amount, date,
and purpose of each such expenditure and the name and address of,
and office sought by, each candidate on whose behalf such expen-
diture was made;
(10) the full name and mailing address (occupation and the
principal place of business, if any) of each person to whom an
expenditure for personal services, salaries, and reimbursed ex-
penses in excess of $100 has been made, and which is not other-
wise reported, including the amount, date, and purpose of such
expenditure;
(11) the total sum of expenditures made by or on behalf of
such committee or candidate during the reporting period and the
calendar year;
(12) the amount and nature of debts and obligations owed
by or to the committee, and a continuous reporting of their debts
and obligations after the election on separate schedules in accord-
ance with the terms prescribed in part 16 of these regulations until
such debts and obligations are liquidates; and
(13) such other information as shall be required by the
Comptroller General.
-15-
§ 14.3 Uniform identity of contributors
(a) Each contributor of an amount in excess of $100 shall be
identified by full name, residence mailing address, including zip code,
occupation, and principal place of business, if employed. See § 12.
above for the requirements imposed on the committee or candidate to
obtain such information if it is missing from the contribution. Such
muts
information for each such contributor shall be stated identically on
each report in which his name appears during the calendar year. If
a contributor's name or address should change during the calendar year,
what
the exact name and address previously used shall be noted with each
does
subsequent entry
(b) In each case when the unitemized contributions of a single
contributor shall aggregate $100 within a calendar year, the name and
address of that contributor shall then be listed on the appropriate
schedule for itemized contributions and shall be designated by an
asterisk to indicate the prior reporting of $100 as an unitemized
receipt. Only those contributions in excess of the prior reported
$100 shall be reported on the schedule for itemized contributions.
§ 14.4 Preservation of records of proceeds of events
The treasurer of each political committee shall keep full and
complete records of proceeds from the sale of tickets and mass collections
at dinners, luncheons, rallies, and other fundraising events, and such
records shall include the date, location and nature of the event. He
shall also keep full and complete records of the proceeds from the sale
of items such as political campaign pins, buttons, badges, flags,
-17-
emblems, hats, banners, literature and similar materials and such
records shall reflect the cost of the items to the committee, the
sale price and the total volume sold of each general category of
item.
§ 14.5 Disclosure of receipt and consumption of contributions in kind
Contributions in kind shall be declared at fair market value and
reported on the appropriate schedule of receipts. That portion of such
goods and services contributed in kind, as shall be consumed in the
reporting period, shall be declared as expenditures at fair market value
prorated, and reported on the appropriate expenditure schedule.
§ 14.6 Filing dates and periods covered
(a) Reports of receipts and expenditures required under this part
shall be filed on or before March 10, June 10, September 10, and Janu-
ary 31 for each calendar year. Such reports shall cover the following
periods of time:
Report Due
Period Covered
March 10
January and February
June 10
March, April and May -- to may 31
September 10
January 31
June, July and August - to any 31
September, October,
November and December - to Dec 3/1
(b) In addition, such reports shall be filed on or before the
fifteenth and fifth days next preceding each presidential primary and
general election, including national nominating conventions, in which
such candidate or committee is involved. Reports due on the fifteenth
day before each such election shall be complete as of the twenty-second
day before the election, and reports due on the fifth day before each
-18-
such election shall be complete as of the twelfth day before the elec-
tion. Any contribution of $5,000 or more fincluding a transfer of funds
from another committee) which is received after such closing date for
the final report before an election shall be separately reported within
48 hours after its receipt. Such contributions shall be reported on
Form
which may be obtained from the Office of Federal Elections,
General Accounting Office, 441 G Street, N.W., Washington, D.C. 20548.
However, no report is required before the effective date of the Act
(April 7, 1972) and no preelection report is required if the date as of
which such report is to be complete precedes the effective date of the
Act.
(c) During 1972, the first year during which the Act will be
effective, the term "calendar year" as used in section 304 of the Act
and in this part shall be considered to mean only the period from
April 7, 1972, to and including December 31, 1972. No report is required
to show any expenditure or contribution which occurred before the effec
tive date of the Act, except that any expenditure for the use of com-
munications media (as defined in title I of the Act and subchapter A
of this chapter) on or after the effective date of the Act is required
to be reported under this part and charged against the candidate's ex-
penditure limitation applicable to the election in which used, regard-
less of whether or not the use is paid for or contracted for prior to
the effective date of the Act. For further information concerning
communications media spending see subchapter A.
-19-
SEA 14.7 Time and manner of filing
(a) Each report required to be filed with the Comptroller General
under this part shall be filed with the Office of Federal Elections,
General Accounting Office, 441 G Street, N.W., Washington, D.C. 20548,
either (1) by hand delivery before the close of business on the pre
scribed filing date, or (2) by certified air mail, postage prepaid and
properly addressed, deposited in an established United States post office
not later than noon of the second day next preceding the filing date
(48 hours before noon of the prescribed filing date). A report mailed
from a post office within 500 miles of Washington, D.C., may be sent
by certified first class mail in lieu of air mail. The sender shall
obtain postmarked Receipt for Certified Mail from the post office at
the time of mailing and shall retain it with his copy of such report.
(b) All reports should be deposited in preprinted return envelopes
supplied by the Comptroller General, bearing a declaration of contents
and requesting priority handling.
(c) An original and one copy of each report is required to be filed.
Both the original and the copy shall be verified as prescribed under
part 16 below. The copy may be a carbon copy, a photocopy, or other-
wise mechanically reproduced as long as it is complete and easily
readable.
-20-
§ 14.8 Exemptions from preelection and prenational convention
reporting
(a) In a presidential preference or delegate selection primary
election, the following political committees shall not be required
to file the reports due on the fifteenth and fifth days preceding
such election-
(1) Any political committee which, although it supports a
candidate who is entered in such primary election, has not made
contributions or expenditures, including a transfer of funds to
another political committee for the purpose of influencing the
result of such election;
(2) the national committee of any political party, unless such
national committee endorses or supports a candidate in such primary
election; and
(3) any other political committee, not located in the State
where such primary election is held, which has not made contri-
butions or expenditures, including a transfer of funds to another
political committee, for the purpose of influencing the result
of such election.
(b) In a national nominating convention of a political party held
to nominate candidates for the offices of President and Vice President,
the following political committees shall not be required to file the
reports due on the fifteenth and fifth days preceding such convention-
(1) the national committee of such political party, unless
it endorses or supports a candidate in such convention; and
(2) any other political committee which has not made contri-
butions or expenditures, including a transfer of funds to another
-21-
political committee, for the purpose of influencing the result of
such convention.
§ 14.9 Waiver of duplicate filings
If a preelection or prenational convention report required under
this part is due on, or within 7 days prior to, the specified filing
date for a regular periodic report required under this part, the
filing of the preelection report shall fulfill both requirements and
shall be so indicated on the report form.
§ 14.10 Cumulative reports
The reports required to be filed under this part shall be cumu-
lative during the calendar year to which they relate. However, where
there has been no change in an item reported in a previous report dur-
ing such year, only the amount need be carried forward. If no contri-
butions or expenditures have been accepted or expended during a calen-
dar year, the candidate or the treasurer of the political committee
shall file a statement to that effect.
$ 14.11 Allocation of expenditures between candidates
(a) A political committee making an expenditure for or on behalf
of more than one candidate for Federal office shall allocate the ex-
penditures among such candidates by any reasonable standard and report
the allocation on the prescribed form to each appropriate supervisory
officer, provided that its treasurer retains for audit all documents
supporting the allocation.
(b) Allocations of expenditures for the use of communications
media shall comply with the provisions of subchapter A of this chapter.
-22-
PART 15 - REPORTS BY OTHER PERSONS
(Table)
AUTHORITY: This part issued under section 308(a) (13), 86 Stat.
17
,
U.S.C.
.
Interpret or apply section 305, 86 Stat. 16 ,
U.S.C.
.
$ 15.1 Filing requirement
(a) Any person (other than a political committee or candidate),
who makes contributions or expenditures, other than by contribution
to a political committee or candidate, for or on behalf of a candidate
or candidates for nomination or election to the office of President
or Vice President of the United States in an aggregate amount in ex-
cess of $100 during a calendar year, shall file a report with the
Comptroller General containing the information required under part 14
above.
(b) During 1972, the term "calendar year" in subsection (a) shall
mean only the period from April 7; 1972, the effective date of the Act,
to and including December 31, 1972.
(c) The term "other than by contribution to a political committee
or candidate" in subsection (a) shall be deemed to exclude only contri-
butions made directly to a candidate or directly to a political commit-
tee. In those cases, the candidate or the committee is required to
report aggregate contributions exceeding $100 by any person. It shall
not be deemed to exclude contributions exceeding an aggregate amount
of $100 made to any committee, association, or organization which
accepts contributions or makes expenditures during a calendar year in
an aggregate amount of $1,000 or less, nor shall it be deemed to
-23-
exclude such contributions aggregating more than $100 made to any
individual other than a candidate. In those cases, the person making
the contribution aggregating more than $100 is required to report the
same to the Comptroller General under subsection (a).
§ 15.2 Time and manner of filing
Statements required by $ 15.1 shall be subject to the same filing
requirements as set forth in part 14, but such statements need not be
cumulative.
PART 16 - FORMAL REQUIREMENTS RESPECTING REPORTS
AND STATEMENTS
(Table)
AUTHORITY: This part issued under section 308(a) (13), 86 Stat.
17,
U.S.C.
Interpret or apply section 306, 86 Stat. 16,
U.S.C.
§ 16.1 Verification
Each report or statement required to be filed with the Comptroller
General under this subchapter by a treasurer of a political committee,
a candidate, or by any other person, shall be verified by the oath or
affirmation of the person filing such report or statement, taken before
any officer authorized to administer oaths.
B 16.2 Retained copies and records
(a) Every person filing a report or statement with the Comptroller
General under this subchapter shall preserve a copy thereof for five
years from the date of filing.
(b) Every candidate, political committee, or other person required
to file any report or statement with the Comptroller General under this
subchapter shall maintain records on the matters required to be reported
-24-
including vouchers, worksheets, and receipts, which will provide in
sufficient detail the necessary information and data from which the
filed reports and statements may be verified, explained or clarified,
and checked for accuracy and completeness, and shall keep such records
available for examination by the Comptroller General, or his authorized
representatives, for a period of not less than five years from the date
of filing of the reports or statements or any amendments thereto based
on the information which they contain.
8 16.3 Waiver of reporting requirements
(a) Any political committee required to file reports with the
Comptroller General under part 14 above is hereby relieved of the
duty to comply with such requirement if each of the following conditions
is satisfied-
(1) the committee is a local, city, or county committee and
does not have membership or offices throughout the particular
State or in any other State; and
(2) the committee primarily supports persons seeking State
or local office and does not expend more than 50 percent of its
funds for or on behalf of Federal candidates; and
(3) the committee does not make contributions or expenditures,
including transfers of funds to any other political committees, to or
for one or more candidates for nomination or election to the offices
of President or Vice President of the United States in an aggregate
amount exceeding $1,000 in a calendar year.
-25-
sen 16.4 Manner of reporting debts and contracts, agreements,
and promises to make contributions or expenditures
(a) Contributions and expenditures in the nature of debts and
contracts, agreements, and promises to make contributions or expendi-
tures incurred after the effective date of the Act (April 7, 1972)
shall be reported in separate schedules on the reporting forms pre-
scribed by the Comptroller General until such debts, contracts,
agreements, and promises are liquidated. In determining aggregate
amounts of contributions and expenditures, the amounts reported on
separate schedules as provided in this part shall not be considered
until actual payment is made, except that expenditures for the use
of communications media by or on behalf of any Federal candidate
shall be charged against the expenditure limitation under subchapter
A applicable to the election in which such medium is used regardless
of when payment is made.
(b) No contract, agreement, or promise to make a contribution
need be reported to the Comptroller General in advance of actual pay.
ment unless it is in writing and exceeds the amount of $1,000.
(c) No contract agreement, or promise to make an expenditure
OK
need be reported to the Comptroller General in advance of actual pay-
ment, unless it is in writing and exceeds the amount of $1,000.
§ 16.5 Effect of acknowledgment and filing by the Office
Acknowledgment by the Office of Federal Elections of the receipt
of any statement of organization or any report or statement filed under
this chapter is intended solely to inform the person filing the same of
-26-
the receipt thereof by the Office, and neither such acknowledgment nor
the acceptance and filing of any such report or statement by the Office
shall constitute express or implied approval thereof, or in any manner
indicate that the contents of any such report or statement fulfills the
filing or other requirements of the Act or of the regulations thereunder.
$ 16.6 Personal responsibility of person signing statement
(a) Every treasurer of a political committee, candidate, or other
person required to sign any report or statement with the Comptroller
General under the Act and under this subchapter shall be personally
responsibile for the timely and complete filing of such report or state-
ment and for any information or statement contained therein which he
knows to be false.
(b) Any willfully false or fraudulent statements or representations
in such a report or statement will subject the person making the same
to the criminal penalties provided under section 1001 of title 18,
United States Code.
PART 17 - REPORTS ON NATIONAL CONVENTION FINANCING
(Table)
AUTHORITY: This part issued under section 308(a)(13), 85 Stat. 17,
U.S.C.
.
Interpret or apply section 307, 86 Stat. 16.
U.S.C.
.
! 17.1 Filing requirement
Within 60 days following the end of a national party's presidential
nominating convention (but not later then 20 days prior to the date of
the presidential election), a full and complete financial statement of
the sources from which it derived its funds and the purposes for which
-27-
funds were expended shall be filed with the Comptroller General by each
committee or other organization which-
(1) represents a State. or a political subdivision
thereof, or any group of persons in dealing with national
party officials with respect to such nominating convention,
or
(2) represents such national party in making arrangements
for such nominating convention.
§ 17.2 Forms
Such reports shall be prepared on forms to be prescribed by the
Comptroller General, and which may be obtained from the Office of
Federal Elections, General Accounting Office, 441 G Street, N.W.,
Washington. D.C. 20548, and shall be filed by hand delivery or by mail
to the same address.
PART 18 - ADMINISTRATIVE DUTIES AND
COMPLAINTS OF VIOLATIONS
(Table)
SUBPART A - DUTIES OF THE COMPTROLLER GENERAL
AS SUPERVISORY OFFICER
AUTHORITY: This subpart issued under section 308(a)(13), 86 Stat.
17,
U.S.C.
Interpret or apply section 308(a), 86 Stat. 16,
U.S.C.
§ 18.1 Forms
The Comptroller General will develop forms for the reports and
statements required to be filed with him under this subchapter and will
furnish the forms, without charge. to persons required to file.
-28-
8 18.2 Uniform manual
The Comptroller General will prepare and publish a manual setting
forth recommended uniform methods of bookkeeping and reporting and will
furnish the manual, without charge, to persons required to file reports
or statements with the Comptroller General under this subchapter.
8 18.3 Filing, coding, and cross-indexing
The Comptroller General will develop a filing, coding, and cross-
indexing system, consonant with the purposes of title III.
& 18.4 Public inspection and copying of reports
(a) Reports and statements filed with the Comptroller General
under this subchapter will be made available for inspection and copying
by any person, commencing as soon as practicable after receipt and, in
any case, not later than the end of the second day following the day
of receipt, at the:
Office of Federal Elections
General Accounting Office Building
441 G Street, N. W.
Washington, D. C. 20548
The Office will be open for business during the hours of 9 a.m. to
5 p.m. from Monday through Friday each week, except Federal holidays.
In addition, during the period when preelection reports for presidential
elections are being filed, the Office will be open on Saturdays from
9 a.m. to 5 p.m.
(b) Reports and statements will be made available to the public on
a first-come, first-served basis. If there are other persons waiting to
see a particular report, a reasonable restriction may be placed on the
-29-
amount of time that a person may inspect such report
(c) Reports may not be removed from the Office. Subject to any
time restrictions that may be imposed under subsection (b), a person
may copy any such report by hand.
(a) At the request of any person, the Office will reproduce not
more than one copy of any report or statement at the expense of such
person. A list of charges will be posted at the Office. Copies will
be made in the order in which they are requested, and payment must be
made with the request. Other persons waiting to see a particular
report shall have preference over requests for reproduction.
(e) Any information copied or obtained from reports and statements
shall not be sold or used by any person for the purpose of soliciting
contributions or for any commercial purpose. For purposes of this
regulation, "any commercial purpose" menas any sale, trade, or barter
of any list of names or addresses taken from such reports and statements
and any use of any such lists for any commercial solicitation. For
purposes of this regulation, "soliciting contributions" means requesting
gifts or donations of moncy, or anything of value for any cuase or
organization political, social, charitable, religious, or otherwise.
Violations of this subsection are subject to the criminal penalties
provided in section 311 of the Act.
0 18.5 Preserving filed reports and statements
(a) Reports and statements filed with the Comptroller General under
the Act will be preserved for a period of ten years from the date of
-30-
receipt. After the expiration of the ten-year period, the original
report or statement will be transferred to the National Archives and
Records Service of the General Services Administration: Microfilm,
microfiche, or microform copies may be retained after the ten-year
period, in the discretion of the Office.
฿ 18.6 Current lists pertaining to candidates
(a) The Comptroller General will compile and maintain a current
list of all reports and statements or parts thereof pertaining to each
candidate. For each candidate, the list will identify (by date and name
of person filing) any report or statement filed with the Comptroller
General during the calendar year which shows a contribution made to or
for such candidate or an expenditure made by or for such candidate.
(b) A copy of each such list will be maintained at the Office of
Federal Elections for inspection by any person during regular business
hours. Each list will be brought up to date to include the latest
information avialable on at least a daily basis during election campaigns.
B 18.7 Annual report
The Comptroller General will prepare and publish an annual report
for the preceding calendar year, including compilations of
(A) total reported contributions and expenditures for
all candidates, political committees, and other persons during
the year;
(B) total amounts expended according to such categories
as he shall determine and broken down into candidate, party,
and nonparty expenditures on the national, State, and local
levels;
-31-
(c) total amounts expended for influencing nomina-
tions and elections stated separately;
(D) total amounts contributed according to such
categories of amounts as he shall determine and broken
down into contributions on the national, State, and
local levels for candidates and political committees; and
(E) aggregate amounts contributed by any contributor
shown to have contributed in excess of $100.
8 18.8 Special reports comparing various contributuions
and expenditures in prior elections
From time to time, the Comptroller General will prepare and publish
special reports comparing the various totals and categories of contri-
butions and expenditures made with respect to preceding elections.
8 18.9 Other reports
From time to time, the Comptroller General will prepare and pub-
lish such other reports as he may deem appropriate.
§ 18.10 Dissemination of statistics, summaries and reports
The Comptroller General will assure wide dissemination of statistics,
summaries, and reports prepared by him under title III of the Act.
8 18.11 Audits and field investigations
(a) The Comptroller General will make audits and field investiga-
tions, from time to time, with respect to reports and statements filed
with him under this subchapter and with respect to alleged failures to
file any such required report or statement.
(b) Audits and field investigations will be made as directed by
-32-
the Director of the Office of Federal Elections on his own initiative,
on the basis of information received by the Office, or on the basis of
complaints received.
(c) All candidates and political committees required to file
reports under this subchapter shall keep adequate books and records. and
shall follow the recommended uniform methods of bookkeeping and report-
ing contained in the Manual published by the Comptroller General under
this subchapter. Such books and records shall be maintained on a cur-
rent basis and shall be made available for inspection and audit by
authorized representatives of the Comptroller General at any time dur-
ing normal business hours. Such books and records shall be preserved
for a period of five years following the date of filing of the reports
to which they pertain.
(d) Any omissions or mistakes discovered in filed reports or
statements will be called to the attention of the person who filed it
with a request for completion or correction. If possible, the com-
pletion or correction shall be made at the Office on the original docu-
ment, identified by the signature of such person and the date of correc-
tion in the margin. If that is not possible, a corrected report or
statement, verified in the same manner as the original, is required.
In no case shall the filed report or statement be returned or allowed
out of the Office.
B 18.12 Reporting violations to law enforcement authorities
(a) The Comptroller General will report apparent violations of any
provision of title III of the Act or of this subchapter to the Attorney
-33-
General of the United States for appropriate action.
(b) In the case of any alleged failure to file any report required
to be filed with the Comptroller General under the provisions of title
III of the Act, the person required to so file shall be notified and
requested to explain such failure to file. If the explanation is not
made within the time period stated in the letter of notification, or
if the explanation is not satisfactory, in the judgment of the Director,
the case shall be immediately referred to the Attorney General for
appropriate action.
6 18.13 Regulations and interpretations
(a) The Comptroller General may prescribe additional rules and regu-
lations to carry out the provisions of the Act pertaining to his duties
as a supervisory officer. Such rules and regulations and any amendment
of this chapter will be published in the Federal Register and distributed
to political committees registered with the Comptroller General and will
otherwise be made available to any interest person. The effective date
thereof shall be the date of publication in the Federal Register, unless
another date is specified in the document itself
(b) The Comptroller General will, in his discretion, issue inter-
pretations, interpretive rulings, and advisory opinions with respect to
the provisions of the Federal Election Campaign Act of 1971 in order to
provide those affected by the Act with a practical guide as to how the
Comptroller General interprets the Act and will seek to apply the Act.
The correctness of an interpretation can be determined finally and
authoritatively only by the courts. It is necessary, however, for
-34-
the Comptroller General to reach informed conclusions as to the meaning
of the law to enable him to carry out his statutory duties under this
Act. Normally, such interpretations will be limited to general state-
ments applicable to all those affected. In his discretion, however,
the Comptroller General will consider requests for interpretative
rulings or advisory opinions in specific instances where the critical
facts are known or are explicitly stated without the possibility that
subsequent events will alter them. In response to general inquiries,
the Comptroller General will limit himself to giving general guidelines
to help a person determine his rights and obligations under the Act.
SUBPART B - COOPERATION WITH STATE ELECTION OFFICIALS
AUTHORITY: This subpart issued under section 308(a)(13), 86 Stat.
17,
U.S.C.
Interpret or apply section 308(b), 86 Stat. 17,
U.S.C.
$ 18.21 Procedures to eliminate multiple filings
(a) The Director shall be responsible to the Comptroller General
for encouraging and cooperating with the election officials in the
several States to develop procedures which will eliminate the necessity
of multiple filings by permitting the filing of copies of Federal reports
to satisfy State requirements.
(b) In carrying out his responsibility, the Director shall com-
municate with the election officials in each State (including the
District of Columbia, Commonwealth of Puerto Rico, and any territory or
possession of the United States) and shall ascertain the statutory and
administrative requirements of each State. He shall obtain copies of
the report forms used in each State and information as'to the dates
established for filing reports.
-35-
(c) Based on the information obtained by the Director, the Comp-
troller General may modify the forms prescribed under this subchapter
so as to enable their use to satisfy State requirements and recommend
to Congress a change in reporting dates if he deems it desirable to do
so to eliminate multiple filings. The Comptroller General may also
make such recommendations to the States for changes in State laws or
administrative regulations as he feels are desirable to eliminate
multiple filings, and he shall cooperate with the State election
officials to the greatest extent practicable to achieve such changes.
SUBPART C - NATIONAL CLEARINGHOUSE FOR INFORMATION
ON THE ADMINISTRATION OF ELECTIONS
AUTHORITY: This subpart issued under section 308(a)(13), 86 Stat.
17,
U.S.C.
Interpret or apply section 308, 86 Stat. 17,
U.S.C.
§ 18.31 Delegation of responsibility
(a) The Director shall be responsible to the Comptroller General
to carry out the duty of serving as a national clearinghouse for infor-
mation in respect to the administration of elections.
(b) Any State or local election official or any other person may
furnish information or advice to the Director concerning the administra-
tion of Federal, State, or local elections. Any information or advice
submitted may be made available, in the discretion of the Director, to
any such official or other person.
§ 18.32 Contracts for studies
(a) In carrying out his duties under this section, the Director is
authorized to enter into contracts, as he deems necessary. and to the
extent funds are available, for the purpose of conducting independent
-36-
studies of the administration of elections.
(b) Such studies shall include, but shall not be limited to,
studies of-
(1) the method of selection of, and the type of
duties assigned to, officials and personnel working
on boards of elections;
(2) practices relating to the registration of
voters; and
(3) voting and counting methods.
Other studies may be initiated from time to time as deemed advisable by
the Director.
(c) Studies made under this authority shall be published by the
Comptroller General and copies thereof shall be made available upon
payment of the cost to be established for each publication. A limited
number of copies may, in the Director's discretion, be distributed to
State and local election officials without charge.
(a) Neither the Comptroller General nor the Director shall require
the inclusion of any comment or recommendation made by them in any such
study. The Comptroller General, however, may separately make and pub-
lish any comment or recommendation he considers necessary concerning the
administration of elections, and he may make such recommendations to the
Congress, the State legislatures, local governing bodies, and State and
local election officials, as he believes appropriate.
SUBPART D - COMPLAINTS OF VIOLATIONS
AUTHORITY: This subpart issued under section 308(a)(13), 86 Stat.
17,
U.S.C.
Interpret or apply section 308(d), 86 Stat. 18,
U.S.C.
.
-37-
#
8 18.41 Filing of complaints
(a) Any person who believes a violation of title III of the Act or
of this subchapter, pertaining to the duties and responsibilities of
the Comptroller General, has occurred may file a complaint in person
or by mail with the Office of Federal Elections, General Accounting
Office, 441 G Street, N.W., Washington, D. C. 20548. When a complaint
is received, it shall be stamped to show the date and time of receipt.
If filed by mail, receipt of the complaint shall promptly be acknowledged
by mail. If filed in person, a written acknowledgment shall be given
to the person filing it.
(b) There is no prescribed form for a complaint, but it is required
to be typewritten or handwritten legibly in ink. The name and address
of the person making the complaint must be typewritten or hand printed
on the complaint, and it must be signed by such person and verified by
the oath or affirmation of such person, taken before any officer autho-
rized to administer oaths. A complaint shall be specific in naming the
alleged violator and in describing the alleged violation. Complaints
will be held in confidence, and officials and employees of the Office
will be instructed not to divulge information about complaints without
specific authorization from the Director. Complaints are not public
Z
documents and will not be available for public inspection or copying.
§ 18.42 Investigation
(a) If a complaint is frivolous on its face, illegible, too
indefinite, or does not identify any violator, no investigation is re-
quired and the complainant shall be so notified. In any other case, the
-38-
Director shall expeditiously undertake an investigation of the complaint.
If the complainant is a candidate, the investigation shall include the
reports and statements filed by the complainant.
(b)(1) On the basis of the investigation, and as promptly as
possible, the Director shall determine whether or not there appears to
be any violation by any person of any provision of title III of the Act
or of any regulation or order issued thereunder.
(2) If the Director decides that there does not appear to
be any such violation, he shall so notify the complainant and
briefly state the reasons for the decision. The complainant may,
if he is not satisfied with the Director's decision, request a
review of the decision by the Comptroller General. Such request
must be in writing and must state the reasons why the complainant
believes the Director's decision is incorrect.
(3) If the Director decides that there appears to be such
a violation by any person, he shall notify the alleged violator
of the decision and advise him of the action proposed to be
taken and of his right to a hearing. The notice shall specify
the period of time within which a hearing may be requested, which
period shall not be less than five calendar days from the date
when the notice is mailed or hand delivered to the alleged
violator.
(c)(1) Upon timely request by an alleged violator, the Director shall
promptly schedule & hearing on the complaint and shall notify the alleged
violator of the time and place of the hearing.
-39-
(2) The hearing shall be held before the Director or his
designee and shall be held at the Director's office in Wash-
ington, D.C., or, in the Director discretion, at a location in
the geographical area of the election involved.
(3) The hearing shall be informal and formal rules of
evidence shall not apply. However, the Director or his designee
may, in his discretion, exclude any evidence that he considers
to be immaterial, repetitious, or scandalous. The alleged
violator shall have the right to be represented by an attorney
or other representative. The hearing shall be closed unless
the Director or his designee decides that the public may be
admitted and the alleged violator consents in writing to public
admission. There shall be no recording and no transcript of
the hearing, unless the Director, or his designee, in his dis-
cretion, decides to allow recording or transcription.
(a) Following the hearing or, if no hearing is requested within
the time period specified in the notice, then following the expiration
of such time period, if the Director believes, in the exercise of his
judgment based on the investigation and hearing, if any, that any per-
son has engaged or is about to engage in any acts or practices which
constitute or will constitute a violation of any provision of title
III of the Act or any regulation or order issued thereunder, the
Director shall, without further notice, refer the matter to the Attorney
General of the United States with a request that a civil action for
-40-
injunctive or other relief be instituted in the appropriate district
court of the United States as provided for by section 308(a)(1) of
the Act.
PART 19 - FILING COPIES OF STATEMENTS WITH STATE OFFICERS
(Table)
AUTHORITY: This part issued under section 308(a)(13), 86 Stat. 17,
U.S.C.
Interpret or apply section 309, 86 Stat. 18,
U.S.C.
8 19.1 Filing requirements
(a) A copy of each statement required to be filed with the Comp-
troller General under this subchapter shall be filed with the Secretary
of State (or, if there is no office of Secretary of State, the equiva-
lent State officer) of the appropriate State. For purposes of this
part, the term "appropriate State" means the State or other jurisdic-
tion designated in 0 19.3 below.
§ 19.2 Filing of copy of statement of organization
A copy of each statement of organization required to be filed with
the Comptroller General under part 13 above by political committees
supporting any candidate for nomination or election to the office of
President or Vice President shall be filed with the State officer of
the State or other jurisdiction where the committee has its principal
office.
0 19.3 Filing of copy of reports of expenditures and contributions
A copy of each report required to be filed with the Comptroller
General under part 14 or 15 above, relating to contributions and ex-
penditures in connection with the campaign of a candidate for
-41-
nomination or election to the office of President or Vice President,
shall be filed with the State officer of each State or other jurisdic-
tion in which an expenditure is mede by him or on his behalf.
B 19. Time and manner of filing copy
A copy required to be filed with a State officer under this part
shall be filed at the same time and in the same manner as the original
report is filed with the Comptroller General, except that the person
filing a report with the Comptroller General by mail may elect to file
the copy with the State officer by hand delivery, provided that such
delivery is made on or before the filing date prescribed by this sub-
chapter. Each such copy of a report or statement shall be a complete,
true, and logible copy of the original report or statement filed with
the Comptroller General. Each such copy shall be signed and verified
in the same manner and by the same person as the original report or
statement.
$ 19.5 Failure to file copy
Any failure to file a copy of a report or statement with a State
officer as required by this part, shall be considered to be a viola-
tion of title III of the Act and of this subchapter and shall be sub-
ject to the penalties provided by section 311 of the Act.
8 19.6 Duty of State Officers
Under section 309(b) of the Act, it is the duty of the Secretary
of State, or the equivalent State officer, under section 309(a)-
(1) to receive and maintain in an orderly manner all
reports and statements required by title III of the Act to
be filed with him;
-42-
(2) to preserve such reports and statements for a
period of ten years from date of receipt, except that
reports and statements relating solely to candidates
for the House of Representatives shall be preserved for
only five years from the date of receipt;
(3) to make the reports and statements filed with
him available for public inspection and copying during
regular office hours, commencing as soon as practicable
but not later than the end of the day during which it was
received, and to permit copying of any such report or
'statement by hand or by duplicating machine, requested by
any person, at the expense of such person; and
(4) to compile and maintain a current list of all
statements or parts of statements pertaining to each
candidate
PART 20 - PROHIBITION OF CONTRIBUTIONS IN NAME OF ANOTHER
(Table)
AUTHORITY: This part issued under section 308(a)(13), 86 Stat. 17,
U.S.C.
.
Interpret or apply section 310, 86 Stat. 19,
U.S.C.
$ 20.1 Prohibition
No person shall make a contribution (as defined in part 1 above in
the name of another person in connection with any candidate's campaign
for nomination or election to the office of President or Vice President,
presidential primary, runoff, or general election, and no person shall
knowlingly accept such a contribution made by one person in the name of
-43-
another person in connection with any such campaign. The foregoing
sentence applies to any contributor, as well as to any candidate, or
any officer or employee of a political committee, or any other person.
A violation of such prohibition by any such person shall be considered
to be a violation of title III of the Act and of this subchapter and
shall be subject to the penalties provided by section 311 of the Act.
§ 20.2 Anonymous contributions
No person shall make an anonymous contribution in excess of $10
in connection with any candidate's campaign for nomination or election
to the office of President or Vice President, and no person shall know-
ingly accept an anonymous contribution in excess of $10 in connection
with any such election. The foregoing sentence applies to any contri-
butor, as well as to any candidate, or any officer or employee of a
political committee, or any other person. A violation of such pro-
hibition by any such person shall be considered to be a violation of
title III of the Act and of this subchapter and shall be subject to
the penalties provided by section 311 of the Act.
PART 21 - PENALTIES FOR VIOLATIONS
(Table)
AUTHORITY: This part issued under section 308(a)(13), 85 Stat. 17,
U.S.C.
Interpret or apply section 311, 86 Stat. 19,
U.S.C.
$ 21.1 Administration
The Comptroller General as a supervisory officer under title III
administer
of the Act will
the provisions of said title and the regula-
tions of this subchapter in accordance with the foregoing regulations.
-44-
Any apparent violation of the Act or these regulations by any person
subject to the jurisdiction of the Comptroller General under title III
of the Act will be referred to the Attorney General of the United States
for appropriate action.
0 21.2 Penalties
Under section 311(a) of the Act, any person who violates any pro-
vision of title III of the Act shall be fined not more than $1,000 or
imprisoned not more than one year, or both. Under section 311(b) of
the Act, in the case of any conviction under title III, where the
punishment inflicted does not include imprisonment, such conviction
shall be deemed a misdemeanor conviction only.
-45-
mber 14, 1971
CONGRESSIONAL RECORD
21635
President, it seems to me that such
the number of people of the age of 18 or
the bind of passing on that. and that is
IS unwarranted because I under-
over living in that particular area. This
how we compromised. The House con-
that the House has already decided
is what we determined in the Senate,
ferees listed telephones and computerized
take up this particular report until
and we discussed all this for several days,
mail. Finally the subgestion was made by
return next January. In the mean-
and they did the same thing in the
the Senator from Pennsylvania that he
we are faced with the prospect of
House. So one does not have to read the
would be amenable to taking the tele-
as through = maj or piece of legis-
newspapers to know that. That is the
phone part of it if they tock out the mail-
which we have not had an opper-
guts of the bill, and it has always been
ing part, and that is how it was resolved.
to consider in any detail. the spe-
there. And that is what passed in the
I am sorry the Senator from Pennsyl-
of which we know of only through
Senate.
vania is not here.
paper reports of the conference. plus
Mr. DOMINICK. It was my under-
Mr. CURTIS. I ask further, What is
brief explanation by my two distin-
standing that the conference report al-
the effective date of the measure?
ned colleagues.
tered the scope of campaign expense af-
Mr. PASTORE. December 31, or 60
we delayed this matter for even 24
fected.
days after enactment. whichever is later.
is we could at least get the confer-
Mr. PASTORE. Just the telephone ex-
Mr. CURTIS. Are any transactions
e report printed and have a chance
pense.
prior to the effective date affected in any
compare what actually was done in
Mr. DOMINICK. Does the conference
way by this measure?
conference with the Senate bill which
report expand the coverage of the ori-
Mr. PASTORE. No. I do not think we
-ed this body last August. We are not
ginal Senate bill concerning campaign
need fear about that. Does the Senator
en even that privilege.
expenses?
have in mind that Muskie and the rest
I understand that this being a privi-
Mr. PASTORE. No. no; the only thing
of these potential candidates for the
ed matter the Senator from Rhode
added was what the Senator from Penn-
presidency are out campaigning a little
and can proceed to bring it up at any
sylvania just mentioned, the pay tele-
bit?
me; that there is no requirement in the
phones.
Mr. CURTIS. No. I am thinking of
mate rules that a ference report
Mr. DOMINICK. So pay telephones are
Members of Congress who may have en-
list be printed. Rather than appealing
within the restrictions also?
tered into contracts, made expenditures,
1 the basis of Senate procedure. Mr.
Mr. PASTORE. Yes; pay telephones
or raised money.
resident. I am appealing to the judg-
are.
Mr. PASTORE. No. Fundamentally. it
ment of the Senate in considering such
Mr. DOMINICK. What about volun-
does not affect anyone until the day it
major legislation in this hurried manner.
teer telephones?
becomes effective. It is not retroactive.
passed, this bill will relate to expendi-
Mr. PASTORE They are not. That was
Mr. CURTIS. I thank the Senator.
ture reporting procedures and require-
the only change we made in that respect.
Mr. DOMINICK. Mr. President, as long
ments for the inost important elections
Mr. DOMINICK. How does the confer-
as we are on the subject of what is or
= the United States-those of the Presi-
ence report define "pay telephones"?
is not included, I now have before me
cent and of Members of Congress, both
Mr. PASTORE No, it means with the
for the first time, a print of the confer-
Senators and Representatives.
telephone bill not being paid by any com-
ence report defining what is included
As I understand it. if I read the news-
mittee or on behalf of the candidate
within the term "communications
paper reports correctly and if I have
himself. The Senator knows that there
media." Such term is. in turn, restricted.
Lstened carefully enough to my col-
is no such thing as a free telephone bill,
as I understand it, to 6 cents per voter of
Ingues, the bill will determine how often
because A.T. & T. would be out of busi-
the age of 18 or over for broadcast com-
voters in the United States will be able
ness. Let us not be absurd.
munication media is that correct?
to hear cr see or read about the pro-
What it means is a volunteer; in other
Mr. PASTORE. Well, it is 10 cents. but
posed platforms and policies of the vari-
words, if someone likes you very much
not more than 6 cents for the electronic
CUS presidential and congressional can-
in Colcrado. and wants to pick up a telc-
media.
didates. The impact of this legislation
phone, call someone, and say, "Vote for
Mr. DOMINICK. Ten cents. but not
will be substantial. ju. t in the upcoming
my good friend PETE DOMINICK," that is
more than 6 cents for the electronic
election year. We have 33 Senators com-
not charged up to the candidate. That is
media?
ing up for election next year-34 count-
volunteer.
Mr. PASTORE. That is right.
ing the distinguished Senator from Ver-
Mr. DOMINICK. But if you have a
Mr. DOMINICK. Here is what it in-
mont (Mr. STAFFORD), who will be run-
voluntary group organized to make a
cludes:
ning for election in January. We have
telephone campaign, is that covered or
The term "communications media" means
the President 01 the United States hope-
(not?
broadensting stations, newspapers. mazazines.
fully running for reclection. We have
Mr. PASTORE. No, it is not. They are
outdoor advertising facilities, and telephones:
one Member of the Congress who has
volunteers.
but with respect to telephones, spending or
announced his intention to run for Pres-
Mr. CURTIS. Mr. President. will the
an expenditure shall be deemed to be spend-
ident. We have at least six Members on
Senator yield to me for the purpose of
ing cr an expenditure for the use c: com-
the Democratic side of the Senate run-
addressing a question to the manager of
munications media only if such speniing or
ning for the Presidency, either presently
the conference report?
expenditure is for the costs of telephones,
switchboards, paid telephonists, and auto-
or without having officially declared
Mr. DOMINICK. I am glad to yield to
matic telephone equipment used by a candi-
themselves to be candidates.
the Senator from Nebrhska.
date for federal elective office to communi-
It is of enormous importance to the fu-
Mr. CURTIS. I ask the distinguished
cate with potential voters, excluding any
ture of all the people in this country to
Senator from Rhode Island what items of
costs of telephones incurred by a volunteer
have the opportunity to hear and sce
campaigning are included in the 10-cent
for use of telephones by him.
what the programs and platforms of the
limitation.
I do not know why reference to a fe-
various candid: te are, and this bill sub-
Mr. PASTORE Electronic media, the
male candidate was not included in the
stantially limits these opportunities, if I
newspapers, outdoor advertising facili-
definition.
understand the newspaper reports cor-
ties, newspapers and magazines, and the
Let me pose a hypothetical: suppose
rectly. Again I reiterate that nobody has
House insisted on the telephones. They
we had a bank of telephones in a com-
had a chance to study the conference re-
had had direct mailing in there, too.
pany's office. whether it be a business or
port except the conferces.
Mr. CURTIS. Is direct mail included?
a labor union. and a group of people 80
Mr. PASTORE Mr. President, will the
Mr. PASTORE No, it is not. for the
down there at night and use those tele-
Senator viold?
simple reason that it would be unfair to
phones after business hours to carry on
Mr. DOMINICK I am slad to yicld to
someone running against an incumbent. I
a telephone campaign in a condidate's
the Se: ator 1.1 m Rh de Island.
resisted that. I mean, the incumbent has
State or district or nationally. They are
Mr. PASTORE The fact is that we
his right of franking, and he has his
voluntarily undertaking the communi-
passed that Lill in the Senate, and they
newsletter, which he can use up until
cating. The question is, if a committee
passed it in the House. The Senator does
election day. I did not want to be accused
is formed, to pay the expenses of the
not have to have the newspaper reports.
of making it an incumbent's bill, and,
telephoning, then they would fall within
It is 10 cents in every scanorial district
realizing that the trank might be used
the verage of the bill: but if the volun-
or congressional district, multiplied by
by esing,people, I did not want to be in
tecrs themselves, without making a
FINANCE COMMITTEE
FOR THE RE-ELECTION OF THE PRESIDENT
1701 Pennsylvania Ave. N.W. Washington D.C. 20006
Dear Fellow American:
Now that President Nixon has announced that he will be a candidate
for re-election, we need your help to make that re-election a reality!
This is why the Finance Committee for the Re-election of the President
invites you now to join its ranks to help our country achieve four
years of peace, prosperity, law and order, under Richard M. Nixon's
continued leadership.
We need your help most urgently. We must depend on contributions
from thousands of concerned individuals like yourself.
A contribution of $15.00 or more will make you a member of our
Committee. The card enclosed, signed by you after you mail your
check, will be a keepsake you'll be proud to own for years to come.
Why do we believe that President Nixon should be re-elected ? First,
because he has brought us out of a devastating war and set us on the
path to peace.
When he took office, America had more than 540,000 troops in Vietnam.
Today America's orderly withdrawal from Vietnam is rapidly reaching
completion. In his search for peace, the President is travelling around
the glcbe and meeting with all major world leaders. We believe that
President Nixon's re-election will help assure a whole generation of
peace for America.
Second, we believe President Nixon deserves re-election because he
has helped bring back law and order to America. The riots, demonstra-
tions, killings and flouting of the law that harried our country under the
Democrats have been steadily reduced since President Nixon took office.
The courts are once more concerned about the rights of law-abiding
citizens as well as accused law-breakers. He has appointed four
members to the Supreme Court--Chief Justice Burger, Justice Blackmun,
Justice Powell and Justice Rehnquist--who can be expected to give a
strict interpretation of the Constitution, and protect the interests of
the average, law-abiding American.
Third, we believe President Nixon should be re-elected because he
has halted the runaway inflation he inherited from the Democrats,
and has helped return America to a sound fiscal economy, which will
mean better living for all. When he came into office, soaring prices
and faltering foreign trade were creating a ruinous cost of living,
and a high level of unemployment. The inflation has now been
reduced through his price stabilization program and the international
monetary agreement, which he put through. He has been responsible
for an increasing prosperity, with more and more jobs available, and
will continue to foster that prosperity if re-elected.
These are some of the reasons why we are supporting President Nixon
--and why we ask you to help. Membership in our Committee is open
to any American citizen who makes a contribution to the Committee of
$15.00 or more. (If you can give $25.00, $50.00, $100.00 or more,
this is the time to do it!) Every penny that you give will be used to
help re-elect President Nixon.
So please--help us set this great crusade in motion. Send in your
contribution today! After you do so, be sure to sign the Membership
Card enclosed with this letter--and keep it as a proud reminder that
you are doing something positive to help assure President Nixon's
re-election!
A $12.50 tax credit ($25.00 if you and your wife file a joint return) to
be subtracted from your total tax bill; or a deduction of $50.00 from
your taxable income ($100.00 if you and your wife file a joint return)
for political contributions. We suggest you consider giving either
$25.00 or $100.00 now. We will send you a receipt for tax purposes.
Cordially,
Maurice H. Stans
Maurice H. Stans
Chairman
P.S. In order to reach as many concerned Americans as possible, we
have sent copies of this letter to a number of mailing lists,
which we were unable to check for duplication. If you have
already received a duplicate copy of this letter--please
excuse this second appeal--and perhaps you will pass this
letter on to a friend.
MEMBERSHIP IDENTIFICATION CARD
FINANCE COMMITTEE FOR THE
RE-ELECTION OF THE PRESIDENT
1972
CONTRIBUTING MEMBER
PLEASE SIGN HERE TO VALIDATE
*
NATIONAL HEADQUARTERS
1701 PENNSYLVANIA AVE., N. W. WASHINGTON, D.C.
TO REMOVE MEMBERSHIP CARD PLEASE TEAR ALONG PERFORATION
REMEMBER!
Election Day is Nov. 7th 1972
Be sure you are registered to vote
Be sure to vote
Be sure to bring a friend
FIRST CLASS
Permit No. 39779
Washington, D.C.
BUSINESS REPLY MAIL NO POSTAGE STAMP NECESSARY IF MAILED IN THE UNITED STATES
Postage will be paid by
Finance Committee For The Re-Election Of The President
1701 Pennsylvania Avenue, N.W.
Washington, D.C. 20006
L-51
FINANCE COMMITTEE FOR THE RE-ELECTION OF THE PRESIDENT
1701 Pennsylvania Ave., N. W. Washington, D.C. 20006
MEMBERSHIP APPLICATION
I want to help re-elect President Richard M. Nixon--to
I enclose my contribution for:
assure 4 years of peace, prosperity, law and order,
for America.
$15.00
$100.00
$25.00
(OTHER)
$50.00
Please send me a receipt.
MR G STRACHAN
L5
20 BROAD ST
For record purposes, please fill in the information below:
NEW YORK, NY 10005
Occupation
Principal place of
business (if any)
L51
Make check payable to: Finance Committee For The Re-Election Of The President. (No corporation checks acceptable.)
NEW YORK, MAR14 PM
PLE
FOR THE RE-ELECTION OF THE PRESIDENT
WULM MAR-8'72
CHURCH STREE
STATIONS :
1701 Pennsylvania Ave. N.W. Washington D.C. 20006
7972
lawn
METER
388954
The White House
Washington, D.C. 20500
FINANCE COMMITTEE
FOR THE RE-ELECTION OF THE PRESIDENT
1701 Pennsylvania Ave. N.W. Washington D.C. 20006
Dear Fellow American:
Now that President Nixon has announced that he will be a candidate
for re-election, we need your help to make that re-election a reality!
This is why the Finance Committee for the Re-election of the President
invites you now to join its ranks--to help our country achieve four
years of peace, prosperity, law and order, under Richard M. Nixon's
continued leadership.
We need your help most urgently. We must depend on contributions
from thousands of concerned individuals like yourself.
A contribution of $15.00 or more will make you a member of our
Committee. The card enclosed, signed by you after you mail your
check, will be a keepsake you'll be proud to own for years to come.
Why do we believe that President Nixon should be re-elected ? First,
because he has brought us out of a devastating war and set us on the
path to peace.
When he took office, America had more than 540,000 troops in Vietnam.
Today America's orderly withdrawal from Vietnam is rapidly reaching
completion. In his search for peace, the President is travelling around
the glcbe and meeting with all major world leaders. We believe that
President Nixon's re-election will help assure a whole generation of
peace for America.
Second, we believe President Nixon deserves re-election because he
has helped bring back law and order to America. The riots, demonstra-
tions, killings and flouting of the law that harried our country under the
Democrats have been steadily reduced since President Nixon took office.
The courts are once more concerned about the rights of law-abiding
citizens as well as accused law-breakers. He has appointed four
members to the Supreme Court--Chief Justice Burger, Justice Blackmun,
Justice Powell and Justice Rehnquist--who can be expected to give a
strict interpretation of the Constitution, and protect the interests of
the average, law-abiding American.
Third, we believe President Nixon should be re-elected because he
has halted the runaway inflation he inherited from the Democrats,
and has helped return America to a sound fiscal economy, which will
mean better living for all. When he came into office, soaring prices
and faltering foreign trade were creating a ruinous cost of living,
and a high level of unemployment. The inflation has now been
reduced through his price stabilization program and the international
monetary agreement, which he put through. He has been responsible
for an increasing prosperity, with more and more jobs available, and
will continue to foster that prosperity if re-elected.
These are some of the reasons why we are supporting President Nixon
--and why we ask you to help. Membership in our Committee is open
to any American citizen who makes a contribution to the Committee of
$15.00 or more. (If you can give $25.00, $50.00, $100.00 or more,
this is the time to do it!) Every penny that you give will be used to
help re-elect President Nixon.
So please--help us set this great crusade in motion. Send in your
contribution today! After you do so, be sure to sign the Membership
Card enclosed with this letter--and keep it as a proud reminder that
you are doing something positive to help assure President Nixon's
re-election!
A $12.50 tax credit ($25.00 if you and your wife file a joint return) to
be subtracted from your total tax bill; or a deduction of $50.00 from
your taxable income ($100.00 if you and your wife file a joint return)
for political contributions. We suggest you consider giving either
$25.00 or $100.00 now. We will send you a receipt for tax purposes.
Cordially,
Manrice H. Stans
Maurice H. Stans
Chairman
P.S. In order to reach as many concerned Americans as possible, we
have sent copies of this letter to a number of mailing lists,
which we were unable to check for duplication. If you have
already received a duplicate copy of this letter--please
excuse this second appeal--and perhaps you will pass this
letter on to a friend.
FINANCE COMMITTEE FOR THE RE-ELECTION OF THE PRESIDENT
1701 Pennsylvania Ave., N.W. Washington, D. c. 20006
MEMBERSHIP APPLICATION
I want to help re-elect President Richard M. Nixon--to
I enclose my contribution for:
assure 4 years of peace, prosperity, law and order,
for America.
$15.00
$100.00
$25.00
(OTHER)
$50.00
Please send me a receipt.
G K STRACHAR
THE WHITE HOUSE
For record purposes, please fill in the information below:
WASHINGTON DC
20500
Occupation
Principal place of
E51
business (if any)
Make check payable to: Finance Committee For The Re-Election Of The President. (No corporation checks acceptable.)
FIRST CLASS
Permit No. 39779
Washington, D.C.
BUSINESS REPLY MAIL NO POSTAGE STAMP NECESSARY IF MAILED IN THE UNITED STATES
Postage will be paid by
Finance Committee For The Re-Election Of The President
1701 Pennsylvania Avenue, N. W.
Washington, D.C. 20006
E-51
MEMBERSHIP IDENTIFICATION CARD
FINANCE COMMITTEE FOR THE
RE-ELECTION OF THE PRESIDENT
1972
CONTRIBUTING MEMBER
PLEASE SIGN HERE TO VALIDATE
NATIONAL HEADQUARTERS
1701 PENNSYLVANIA AVE., N. W. WASHINGTON, D. C.
TO REMOVE MEMBERSHIP CARD PLEASE TEAR ALONG PERFORATION
REMEMBER!
Election Day is Nov. 7th 1972
Be sure you are registered to vote
Be sure to vote
Be sure to bring a friend
****
FINANCE COMMITTEE
Bulk Rate
U.S. Postage Paid
FOR THE RE-ELECTION OF THE PRESIDENT
Finance Committee
For the Re-election
1701 Pennsylvania Ave. N.W. Washington D.C. 20006
of the President
THE WHITE HOUSE
WASHINGTON
3/13/72
TO: GORDON STRACHAN
FM: DAVE GERGEN
There is some confusion here about
this letter: we thought this was
the type of letter that you specifically
wanted to avoid -- and hence the
rewrite here. For future reference,
it would be helpful if you could
enlighten us.
Thanks,
G= Slean Wave
oic
FINANCE COMMITTEE
FOR THE RE-ELECTION OF THE PRESIDENT
1701 Pennsylvania Ave. N.W. Washington D.C. 20006
Dear Fellow American:
Now that President Nixon has announced that he will be a candidate
for re-election, we need your help to make that re-election a reality!
This is why the Finance Committee for the Re-election of the President
invites you now to join its ranks--to help our country achieve four
years of peace, prosperity, law and order, under Richard M. Nixon's
continued leadership.
We need your help most urgently. We must depend on contributions
from thousands of concerned individuals like yourself.
A contribution of $15.00 or more will make you a member of our
Committee. The card enclosed, signed by you after you mail your
check, will be a keepsake you'll be proud to own for years to come.
Why do we believe that President Nixon should be re-elected ? First,
because he has brought us out of a devastating war and set us on the
path to peace.
When he took office, America had more than 540,000 troops in Vietnam.
Today America's orderly withdrawal from Vietnam is rapidly reaching
completion. In his search for peace, the President is travelling around
the glcbe and meeting with all major world leaders. We believe that
President Nixon's re-election will help assure a whole generation of
peace for America.
Second, we believe President Nixon deserves re-election because he
has helped bring back law and order to America. The riots, demonstra-
tions, killings and flouting of the law that harried our country under the
Democrats have been steadily reduced since President Nixon took office.
The courts are once more concerned about the rights of law-abiding
citizens as well as accused law-breakers. He has appointed four
members to the Supreme Court--Chief Justice Burger, Justice Blackmun,
Justice Powell and Justice Rehnquist--who can be expected to give a
strict interpretation of the Constitution, and protect the interests of
the average, law-abiding American.
33TTIMMOO ЗОИАИН
Third, we believe President Nixon should be re-elected because he
has halted the runaway inflation he inherited from the Democrats,
and has helped return America to a sound fiscal economy, which will
mean better living for all. When he came into office, soaring prices
and faltering foreign trade were creating a ruinous cost of living,
and a high level of unemployment. The inflation has now been
reduced through his price stabilization program and the international
monetary agreement, which he put through. He has been responsible
for an increasing prosperity, with more and more jobs available, and
will continue to foster that prosperity if re-elected.
These are some of the reasons why we are supporting President Nixon
--and why we ask you to help. Membership in our Committee is open
to any American citizen who makes a contribution to the Committee of
$15.00 or more. (If you can give $25.00, $50.00, $100.00 or more,
this is the time to do it!) Every penny that you give will be used to
help re-elect President Nixon.
So please--help us set this great crusade in motion. Send in your
contribution today! After you do so, be sure to sign the Membership
Card enclosed with this letter--and keep it as a proud reminder that
you are doing something positive to help assure President Nixon's
re-election!
A $12.50 tax credit ($25.00 if you and your wife file a joint return) to
be subtracted from your total tax bill; or a deduction of $50.00 from
your taxable income ($100.00 if you and your wife file a joint return)
for political contributions. We suggest you consider giving either
$25.00 or $100.00 now. We will send you a receipt for tax purposes.
Cordially,
Menrice H. Stans
Maurice H. Stans
Chairman
P.S. In order to reach as many concerned Americans as possible, we
have sent copies of this letter to a number of mailing lists,
which we were unable to check for duplication. If you have
already received a duplicate copy of this letter--please
excuse this second appeal--and perhaps you will pass this
letter on to a friend.
No
need not
te alpress
in tin press
March 8, 1972
MEMORANDUM FOR:
JOHN MITCHELL
FROM:
HARRY S. DENT HSD
The Virginia Senate picture changes from day to day.
Congressman Joel Broyhill told me today it would be
absolutely stupid for him to run for Spong's seat in view
of his 20 years seniority and membership now on the Ways
and Means Committee. He therefore pushes very hard the
idea of having the President meet with Congressman Dan
Daniel, the conservative Byrd Democrat, in view of the
letter Daniel has written to the President asking for an
appointment. Broyhill says he and Stets Coleman had
Daniel in Florida recently and convinced him to at least
check at the top to see if he would have encouragement
there to make this effort.
Broyhill says that even Governor Holton now privately
concedes that Congressman Scott must be stopped at the
convention and in view of this agreement by Holton that
even a switching Democrat can beat Scott. He says
nobody wants Scott to be the nominee.
Broyhill thinks it is important that this be a private
meeting with you and the President or this thing may
slip through the crack when we have one final chance to
do something.
bcc: H. R. Haldeman
THE WHITE HOUSE
+
WASHINGTON
Date: March 28, 1972
TO: H. R. HALDEMAN
FROM:
HARRY DENT ASD
Please handle
For your information
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
March 27, 1972
MEMORANDUM TO:
Harry Dent
FROM:
Wallace Henley
The Executive Committee of the National American Party
met last weekend in Dallas to consider a site for their
national convention, which is to be held August 3-5.
The NAP is a conglomerate of affiliated parties in about
40 states, which served as vehicles for George Wallace to
run in their states in 1968.
The 13-member committee heard presentations from Houston,
Louisville, Dallas, and Cincinnati. It's expected that a
decision will be announced in two or three weeks
Several points to be noted:
1. Originally announced that NAP Convention
would be in Toledo. Then, it was announced
that city had "withdrawn" its invitation.
But my source checked city and convention
bureau officials, and they say that the
invitation was never offered.
2. Wallace addressed a meeting of NAP leaders
in Memphis earlier this year. Since, he
has spoken at fundraisers for some of the
affiliated parties in New York, Los Angeles,
Chicago, Jacksonville, and Dallas. Money goes
85 per cent to Wallace campaign in Montgomery,
10 per cent to the NAP affiliated state party,
and five per cent to national NAP headquarters
in Richmond.
3. During the year, NAP affairs are taken care of
by the Central Committee. But the real power
rests with that group's executive committee,
made up of the following:
Page Two
-T. Coleman Andrews, Richmond, Chairman
-State Senator William Davis, Covington, Tenn.,
Vice Chairman
-William E. Shipler, Cleveland, Ohio, Secretary
-Judge Reuel Little, Madill, Oklahoma, Treasurer
-Keith Greene, Los Angeles, Parliamentarian
(May live in Sacramento or San Francisco)
-William K. Shearer, La Mesa, California, Member
- -Dr. Raymond Sitta, Farmington, New Mexico,
Member
- -Don Riddle, Casper, Wyoming, Member
- Robert McLain, Larramore, North Dakota, Member
-Alan MacNeil, Newtonville, Massachusetts,
Member
- Charles R. Ryan, Cornelius, New York, Member
-Andrew J. Watson, Harrisburg, Pa., Member
- Richard Weimer, Indianapolis, Ind., Member
- (William Hudgins, Richmond, executive director)
4. The NAP's presidential candidate will have
a slate of electors placed on the ballot by
affiliated parties in the various states.
(If Wallace uses his vehicle in the general
election, he'll still have to set up affiliated
parties in the ten states where NAP has no
affiliates. I'm trying to get the names of
those states. It'll be interesting to see
if any effort is made in the ten to set up
something).
+
THE WHITE HOUSE
WASHINGTON
Date : March 22, 1972
To: H. R. HALDEMAN
FROM:
HARRY DENT
Please handle
For your information
HAVE
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
March 22, 1972
TO:
Harry S. Dent
the
FROM:
Brad E. Hainsworth
SUBJECT:
South Dakota
Jim Abourezk has had a private poll taken by a Gallup
subsidiary. It is alleged to show him 2 to 1 over all
known GOP candidates. He had not polled Reifel, but
had it done later by phone. He is supposed to be lead-
ing Reifel by a heavy margin in the 2nd District and a
lesser margin in the 1st District. Abourezk is supposed
to be quite confident that he can whip Reifel. His chief
issue is going to be the economy. He believes the war
is a dead issue and that he can defeat Reifel on the age
issue alone. His poll is supposed to show Nixon leading,
but not by a strong margin.
THE WHITE HOUSE
+
WASHINGTON
Date: March 13, 1972
TO: H. R. HALDEMAN
FROM:
HARRY DENT DED
Please handle
For your information
A6
MEMORANDUM
Holder
THE WHITE HOUSE
WASHINGTON
March 9, 1972
MEMORANDUM FOR:
Harry Dent
FROM:
Brad Hainsworth st
SUBJECT:
Ben Reifel
Background
Bill Dickey (Deputy Assistant Secretary of Treasury) has
written a memo in behalf of Ben Reifel's alleged candidacy
for Mundt's seat. He argues that: (1) Ben is the sole
possible candidate that has a chance of winning, and
(2) if elected, he will be better able to serve in a
VAN-
Reifel is having a fund-raising party on May 24 and will
probably announce then.
Analysis
Reifel's past political history indicates that he would be
a strong candidate. He has always led the ticket. In 1964,
he received 57.5% compared to Goldwater's 44.4%; in 1966, he
took 66.7% compared to Mundt's 66.3%; and in 1968, he
received 58% compared to Nixon's 53.3%.
This is all well and good, but his age combined with Mundt's
illness may combine to nullify Reifel's excellent past record.
Reifel is 66, so was Mundt last time he ran ("and look what
happened to him," the Democrats will say).
Page 2
Harry Dent
March 9, 1972
If Reifel were only ten years younger, he would be the ideal
candidate; and, he still may be in spite of his age. Reifel
has some impressive arguments in his favor:
-- name recognition
-- proven vote getter
-- loyal to the administration (Abourezk is
further left than McGovern)
-- minority group standing as an Indian
-- does not look his age; in fact, he has a
timeless quality to his looks
- Harvard Ph. D.
In short, his only liability is his age, and that is serious
in
light
experience.
Action
It may be best to keep hands off and let nature take its course.
State party officials feel he will do more damage than good
and split the party for the general elections. But if his past
record is indicative of anything, it's his ability to win.
THE WHITE HOUSE
X
WASHINGTON
Date: March 13, 1972
TO:
H. R. HALDEMAN
FROM:
HARRY DENT A3D
Please handle
For your information
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
March 13, 1972
TO:
Harry S. Dent
FT
/
FROM:
Brad E. Hainsworth
SUBJECT:
Ben Reifel
Bill Dickey contacted me today and indicated that Reifel told
him that Reifel will announce for the Senate this week in
Aberdeen - probably on Wednesday, the 15th.
THE WHITE HOUSE
WASHINGTON
Date : March 22, 1972
To:
H. R. HALDEMAN
FROM:
HARRY DENT
Please handle
For your information
HAldenson
gee
has
NORTH DAKOTA
REPUBLICAN STATE COMMITTEE
P. O. BOX 1917
202½ N. THIRD STREET
BISMARCK, NORTH DAKOTA 58501
TELEPHONE 255.0030 March 20, 1972
Mr. Harry Dent
Special Counsel to the President
The White House
Washington, D. C.
Dear Harry:
Here is a copy of the poll taken in North Dakota by Central Surveys
between February 4-12.
You will find in studying this over that the President was showing up
well at that time. The voters are concerned, however, with his
handling of Agriculture and the Economy and Welfare. Also, note
that inis approval require has been doing cown each vear since 14nx
This concerns me.
We included several questions specifically aimed at Agriculture. Only
17% of those interviewed approved of the Administration's handling of
Agriculture. I think this bears out my previous concern about the
Administration's image among the farmers. Secretary Butz is doing a
good job of speaking out on the subject. I think this will change the
farmer's feeling that the Administration has not been interested in them.
The real question still is, however, whether or not they are "buying"
what the Secretary is "selling".
I will be interested in your analysis of these poll results and any com-
ments you have regarding them.
Joch Sincerely,
Tack Huss, Chairman
JH:bg
Enclosures
Voter Opinion Survey
NORTH DAKOTA
February 4 - 12, 1972
Central Surveys, Inc.
Shenandoah, Iowa
TABLE OF CONTENTS
Page
Number
1
INTRODUCTION
1
SURVEY HIGHLIGHTS
2
SURVEY QUESTIONS AND ANSWERS
SECTION I - NIXON ADMINISTRATION AND NATIONAL ISSUES
9
Rating of President Nixon
10
Nixon VS. Muskie
10
Nixon-Humphrey-Wallace
11
National Issues
12
Specific Issues
SECTION II - Farm Policies
14
Farm Economy
15
Freedom of Planning
16
Wheat Prices
17
Attitude of Nixon Administration
SECTION III - STATE ADMINISTRATION AND POLITICAL ISSUES
19
State Problems
19
Rating of Governor Guy
20
Bicameral VS. Unicameral
20
Right-to-work Law
20
Name Recognition
21
Rating of Senator Burdick
22
Rating of Arthur Link
22
Link VS. McCarney
23
Political Parties
SUMMARIES OF VERBATIM COMMENTS
24
Preference for Governor - McCarney VS. Link (Q.22-22a)
INTRODUCTION
This report is based on 398 interviews with permanent adult resi-
dents of North Dakota. All intérviews were made in respondents' homes from
February 4 through 12, 1972.
Sampling points included 58 precincts located in 21 counties. Pre-
cincts were selected to provide a representative cross section of voters in
the state. The following table compares the 1968 vote for Republican candi-
dates in the selected precincts with the total vote received.
Percent Republican
Total
Sampled
Vote
Precincts
(%)
(%)
President
56.1
57.1
U.S. Senator
64.8
63.9
Governor
43.7
42.2
U.S. Congress, District One
71.9
68.7
U.S. Congress, District Two
49.9
51.9
The survey included questions on a number of topics of statewide
interest, but only those germane to this report are included here.
Total answers to certain questions may exceed 100 percent where
multiple responses are possible.
The precincts sampled and the number of interviews allocated to
each follow.
Distribution of Interviews
Number of
County
Precinct
Interviews
CONGRESSIONAL DISTRICT ONE
Barnes
43
10
Barnes
63
10
Cass
Fargo #5
18
Cass
Fargo #21
16
Cass
Stanley Township
7
Cass
Hunter Township
5
Dickey
Ellendale, Ward 3
6
Grand Forks
Grand Forks, Ward 2, Precinct 1
12
Grand Forks
Grand Forks, Ward 7, Precinct 2
19
Grand Forks
Larimore City
5
Grand Forks
Agnes, Elm Grove, Hegton, and
Wheatfield Townships
5
Pembina
Pembina City
4
Pembina
Cavalier Township
7
#6
()
kamsey
Creel 10wnship
11
Richland
Wahpeton, Ward 4, Precinct 1
8
Richland
Wyndmere City
7
Steele
Findlay City #1
5
Steele
Broadlawn, Colgate, Edendale,
and Hugo Townships
6
Stutsman
Jamestown, Ward 2
18
Stutsman
Streeter City and Township
7
Walsh
Grafton, Ward 4, Precinct 1
9
Walsh
Latona and Shepherd Townships
5
Total C.D.#1
208
Number of
County
Precinct
Interviews
CONGRESSIONAL DISTRICT TWO
Divide
Crosby, Ward 1
6
Divide
Clinton, DeWitt, Fortuna, and
Wesby Townships
4
Dunn
New Hradec
3
Dunn
Manning
4
Golden Valley
Beach City
10
Golden Valley
Beach Township
5
Burleigh
#57 Bismarck
20
Burleigh
Apple Creek, Hay Creek, and
Gibbs Townships
8
Morton
#8 Mandan
7
Morton
#46 Glen Ullin
6
Mountrail
Stanley #3
5
Mountrail
Newtown #1
5
Kenville
Monali CITV
10
Stark
Dickinson, Ward 4, Precinct 2
12
Stark
Belfield City
8
Ward
Minot, Ward 4, Precinct 2
24
Ward
Kenmare, Ward 2
7
Ward
Harrison Township
9
Ward
Nedrose Township
7
Wells
Heindal and Manfred Townships
6
Wells
#38 Harvey, Ward 2
7
Williams
#73 Williston, Ward 7
17
Total C.D.#2
190
GRAND TOTAL
398
SURVEY HIGHLIGHTS
President Nixon's popularity continues at a high level with North
Dakota voters. At the present time he leads both presidential hopefuls, Muskie
and Humphrey, by a wide margin.
The president's actions are met with approval in connection with
Viet Nam, the number one national concern of these voters. However, on sev-
eral other important issues - specifically the economy, agriculture, and wel-
fare - the administration draws a substantial amount of criticism.
Voters are especially unhappy about the farm situation. Farmers
themselves'are more dissatisfied than any other group. Many residents think
agriculture was in better shape when Orville Freeman was Secretary of Agricul-
ture.
Although the public disapproves of the administration's nandiing or
agriculture and takes a rather dim view of the current farm economy, the ad-
ministration is credited with good intentions in trying to help and much of
the difficulty is blamed on misunderstanding.
Farm problems are named as the major state issue along with taxes
and unemployment. Both the bicameral legislature and the Right-to-work law
receive strong support from the public.
Governor Guy rates high with North Dakota voters and to a lesser
extent Senator Quentin Burdick gets voter approval.
In a trial heat between Arthur Link and Robert McCarney for the
office of Governor, Link has a decided advantage, mainly due to heavy criti-
cism of McCarney.
2.
SURVEY QUESTIONS AND ANSWERS
NOTE: Unless otherwise indicated, percentages are based on a total of 398
respondents - 171 Republicans, 151 Democrats, and 76 Independents.
Q. 1: About how long have you lived in North Dakota? (6 months minimum)
This question asked to qualify the person as a respondent. Results
not tabulated.
Q. 2: Generally, do you approve or disapprove of the way Richard Nixon is
handling his job as president?
Repub-
Demo-
Inde-
Total
licans
crats
pendents
Approve
60%
87%
34%
54%
Disapprove
28
9
54
18
No opinion
12
4
12
28
Q. 3: What problems facing the government and the country are you most concerned
about at the present time? What else?
The war. Viet Nam. get prisoners
SMILLE the was
36%
2610
65%
45%
Inflation, high cost of living,
price freeze
32
38
30
25
Unemployment, wages, labor
problems, strikes, wage freeze
21
21
24
26
Farm problems and prices
17
16
23
9
Welfare problems, poverty, more
help for the aged
10
9
9
12
Taxes, high taxes
8
11
3
12
Drugs, drug abuse
6
5
5
9
Fiscal policies, national debt,
government spending, foreign aid
5
6
5
5
Pollution, ecology, the environment
5
4
5
5
Racial problems, Givil Rights
4
5
3
4
Foreign affairs, India and Israel,
national image, Ireland, trip to
China, Asia
4
2
4
7
Crime, lawlessness, law and order
3
4
2
4
Schools, support for education
3
5
1
4
Demonstrations, rioting, student
unrest
3
2
3
4
Miscellaneous other problems
10
9
11
12
Name no problems
5
6
5
4
3.
Q.
4: If the candidates for president next November are Richard Nixon, for the
Republicans and Senator Ed Muskie for the Democrats, which one will you
probably vote for - Muskie or Nixon?
Repub-
Demo-
Inde-
Total
licans
crats
pendents
Prefer Nixon
50%
82%
18%
41%
Prefer Muskie
35
8
70
28
No preference, undecided
15
10
12
31
Q. 5: If the election for president in November is between Richard Nixon for
the Republicans, Hubert Humphrey for the Democrats, and George Wallace
as an Independent, which one would you probably vote for - Humphrey,
Nixon, or Wallace?
Prefer Nixon
54%
84%
23%
46%
.Prefer Humphrey
28
7
56
22
Prefer Wallace
8
5
11
9
No preference, undecided
10
4
10
23
Q. 6:
1 Will name some or the prominent issues 01 problems UI the present
administration. Please tell me whether you approve or disapprove of
the way the Nixon administration has handled each of them.
War in Viet Nam
Approve
56%
75%
38%
46%
Disapprove
35
19
54
37
No opinion
9
6
8
17
Other foreign affairs
Approve
44%
56%
32%
39%
Disapprove
27
17
38
28
No opinion
29
27
30
33
The nation's economy
Approve
31%
49%
13%
28%
Disapprove
53
39
75
40
No opinion
16
12
12
32
4.
Q. 6: (Continued)
Repub-
Demo-
Inde-
Total
licans
crats
pendents
Agriculture
Approve
17%
26%
10%
11%
Disapprove
59
51
68
59
No opinion
24
23
22
30
Racial problems
Approve
44%
53%
33%
47%
Disapprove
29
26
34
24
No opinion
27
21
33
29
Anti-war demonstrations
Approve
40%
48%
30%
42%
Disapprove
38
35
49
24
No opinion
22
17
21
34
Welfare problems
Approve
26%
36%
17%
20%
Disapprove
57
51
66
57
No opinion
17
13
17
23
Q. 7: Generally, would you say the farm economy is better off, worse off, or
about the same now as when Orville Freeman was Secretary of Agriculture?
Better off
13%
20%
5%
13%
Worse off
35
23
49
34
About the same
30
38
24
24
Don't know
22
19
22
29
5.
Q. 8: (Ask only in rural areas) The present farm program is said to give
farmers more freedom of planning and decision than under previous pro-
grams. Do you agree or disagree?
Repub-
Demo-
Inde-
Total
licans
crats
pendents
Number of respondents
(235)
(111)
(90)
(34)
Agree
36%
44%
31%
21%
Disagree
33
25
40
39
No opinion
31
31
29
40
Q. 9: The present price of wheat is said to be a concern to North Dakota farmers.
Which of the following would you say is the principal cause for the pres-
ent wheat prices?
Government farm program
31%
30%
33%
29%
Overproduction
25
28
23
22
Cost of food distribution
17
15
17
24
Dock strikes
14
18
11
12
Don't know which, none
18
16
17
21
Q. 10: (CARD) Which of the following would you say mostly nearly reflects the
attitude of the Nixon administration toward agriculture?
Trying to help
32%
45%
21%
24%
Misunderstanding
23
21
25
21
Unconcern
15
8
22
15
Neglect
8
5
11
8
Thinks no problem exists
8
7
8
8
Much concern
5
6
3
4
Helping a great deal
3
4
1
5
Don't know which, none
10
6
11
16
6.
Q. 11: What problems facing the government of North Dakota are you concerned
about at the present time? What else?
Repub-
Demo-
Inde-
Total
licans
crats
pendents
Farm problems and prices'
23%
19%
28%
20%
Taxes, high taxes
13
15
11
12
Unemployment, wages, labor problems
13
9
17
12
Schools, education support
10
11
9
11
Constitutional convention, new con-
stitution, adopting a constitution
10
12
8
8
Industrial development, need for new
industry
9
10
7
11
Population decrease, people leaving
the state
9
8
9
8
Inflation, high cost of living
5
6
5
4
The governor, who our next governor
will be
5
6
4
1
Welfare problems, poverty, the aged
4
3
5
3
Drugs, drug abuse
4
4
2
5
?
3
2
-
Fiscal policies, state spending
2
3
1
4
State government, legislature,
officials
2
4
1
1
Transportation, roads and highways
2
4
1
3
Water problems, flood program going
too far, wet lands, Garrison Diver-
sion project, irrigation
2
1
3
3
Right-to-work law
2
1
2
3
Miscellaneous other issues
11
11
11
9
Don't know, none
20
16
21
28
Q. 12: When voting on the new constitution, voters will be asked to choose between
a bicameral legislature which is two houses such as North Dakota has now,
and a unicameral legislature which is only one house. Which do you favor -
the two houses or single house?
Favor two house legislature
68%
66%
70%
68%
Favor single house
23
25
23
21
No opinion
9
9
7
11
7.
Q. 13: North Dakota's Right-to-work law says a worker does not have to join a
labor union in order to hold his job. Do you favor or oppose such a law
for North Dakota?
Repub-
Demo-
Inde-
Total
licans
crats
pendents
Favor
78%
86%
70%
76%
Oppose
19
12
26
20
No opinion
3
2
4
4
Q. 14: (CARD) Here is a list of names of men who are active in politics and
government in North Dakota. Which ones have you heard of before?
Quentin Burdick
99%
99%
99%
99%
Milton Young
97
99
95
97
Mark Andrews
96
98
94
95
Robert McCarney
96
95
95
97
Arthur Link
88
90
87
84
Richard Larsen
74
79
70
70
Q. 15: Generally, would you say Senator Quentin Burdick is doing a good job,
only fair, or not too good a job?
Good job
55%
44%
70%
47%
Only fair
35
41
27
40
Not too good
5
9
2
1
No opinion
5
6
1
12
Q. 16: Generally, would you say Second District Congressman Arthur Link is doing
a good job, only fair, or not too good a job?
Good job
37%
32%
45%
36%
Only fair
30
35
27
24
Not too good
3
3
1
4
No opinion
30
30
27
36
8.
Q. 17: Generally, would you say Governor Guy has done a good job, only fair,
or not too good a job?
Repub-
Demo-
Inde-
Total
licans
crats
pendents
Good job
67%
56%
82%
61%
Only fair
25
32
16
30
Not too good
5
10
1
3
No opinion
3
2
1
6
Q.
18: If the candidates for governor are former candidate Robert McCarney
as an Independent Republican and Congressman Arthur Link for the Demo-
crats, which would you probably vote for - Link or McCarney?
Prefer Robert McCarney
20%
27%
9%
25%
Prefer Arthur Link
64
47
87
54
No preference, undecided
16
26
4
21
O. 18a: Whv do vou favor (McCarnev) (Link) ?
Replies are shown in verbatim form beginning on Page 24.
Q.
19: In politics do you usually consider yourself as a Republican or Demo-
crat?
Q. 19a: (If Independent, "vote for the man," etc.) Well, do you consider
yourself closer to the Democratic Party or closer to the Republican
Party?
Total
Republican
31%
Lean Republican
12
Democrat
30
Lean Democrat
8
Independent
19
9.
SECTION I - NIXON ADMINISTRATION AND NATIONAL ISSUES
Rating of President Nixon
(Q. 2)
Confidence in President Nixon is expressed by three out of five North
Dakota voters. Republicans approve of the president by a ratio of almost 10 to 1
and Independents support him by 3 to 1. A majority of Democrats, on the other
hand express disapproval.
Democrats and Independents are more critical of Richard Nixon now than
in 1970. Comparison with replies from an opinion survey made in June of 1970
shows Republican support has continued strong over the past 20 months, but crit-
icism among others has increased significantly.
These comparisons are shown in the table below:
rresigent
Nixon's
1070
and
1072
No
Approve Disapprove Opinion
(Percentages read across)
Survey Total
February, 1972
60%
28
12
June, 1970
65%
20
15
Republicans Only
February, 1972
87%
9
4
June, 1970
83%
8
9
Democrats Only
February, 1972
34%
54
12
June, 1970
47%
36
17
Independents Only
February, 1972
54%
18
28
June, 1970
67%
7
26
10.
Nixon vs. Muskie
(Q. 4)
With North Dakota voters, Richard Nixon leads presidential hopeful
Edmund Muskie by a 15 point margin. If Muskie would be the Democrat to oppose
the president, half would choose Nixon, 35 percent prefer Muskie and 15 percent
are undecided.
Republicans strongly support the president (82% to 8%), and Indepen-
dents choose him 41 percent to 28 percent. Of the Democrats, 18 percent defect
to Nixon while 70 percent stay with Muskie.
Nixon - Humphrey - Wallace
(Q. 5)
In a three-way race against Humphrey and Wallace, the President wins
04 percent OI the voters. Hubert Humphrey 1S the choice of 28 percent and 8
percent prefer George Wallace.
Nixon runs slightly stronger with all three political groups in this
three-way match than when Muskie, alone, is his opposition. Humphrey is sup-
ported by just 56 percent of the Democrats and draws only 22 percent of the
Independents. Wallace gets more support from Democrats than from either Inde-
pendents or Republicans.
An opinion survey made in September 1968 found Richard Nixon leading
Hubert Humphrey by 47 percent to 27 percent, George Wallace trailed with 8 per-
cent and 18 percent were undecided.
11.
In the present survey Nixon is shown to get more Democratic and In-
dependent support than he did in 1968 and is a few percentage points better with
Republicans as well.
George Wallace is the choice of fewer Republicans in 1972 than in
1968, but more Democrats and Independents prefer him now.
Comparisons with survey results from September 1968 are made in the
table below:
Nixon VS. Humphrey VS. Wallace
Prefer
Prefer
Prefer
No
Nixon Humphrey Wallace Opinion
(Percentages read across)
Survey Total
February, 1972
54%
28
8
10
.
September, 1000
47%
27
C
10
Republicans Only
February, 1972
84%
7
5
4
September, 1968
80%
3
8
9
Democrats Only
February, 1972
23%
56
11
10
September, 1968
15%
54
8
23
Independents Only
February, 1972
46%
22
9
23
September, 1968
37%
-
5
58
National Issues
(Q. 3)
The war in Viet Nam is named as the most important national issue by
-North Dakota voters. Concern about the Viet Nam situation is cited by 56 per-
cent in reply to the question, "What problems facing the government and the
country are you most concerned about at the present time?"
12.
Economic issues are named by over half, 32 percent are worried about
inflation, the high cost of living, etc., and 21 percent mention concerns such
as unemployment, wages and labor problems. A substantial proportion also name
farm problems (17%) and welfare issues (10%) as important issues.
Other problems mentioned include taxes, drug usage, national fiscal
problems and the environment. A complete list of concerns appear on Page 2 in
the Question and Answer Section.
Specific Issues
(Q. 6)
When voters are asked about seven prominent issues facing the country,
more are favorable about the administration's handling of the war in Viet Nam
Public approval exceeds disapproval about foreign affairs, racial
policies and anti-war demonstrations.
On other points the voters are more critical. A majority disapproves
of the administration's actions in connection with the economy, agriculture and
welfare.
A rough measure of the importance given by the public to each of the
seven issues can be made from ranking the concerns as expressed in replies to
Question 3. When the seven issues are ranked from one to seven, we find the
administration is rated highly for its handling of the most important issue -
the war in Viet Nam. It is criticized by a majority for its actions in connect-
ion with the second, third and fourth ranked problems - the economy, agriculture
and welfare.
13.
On issues of less importance to the public - racial problems, foreign
affairs and anti-war demonstrations - the administration gets generally favor-
able marks.
Replies about the seven national issues are compared in the following
table.
Rating of the Administration
Issues by Frequency of
No
Mention on Question 3:
Approval Disapproval Opinion
(Percentages read across)
War in Viet Nam (56%)
56%
35
9
Nation's Economy (53%)
31%
53
16
Agriculture (17%)
17%
59
24
Welfare Problems (10%)
26%
57
17
Racial Problems (4%)
44%
29
27
Other Foreign Affairs (4%)
44%
27
29
WOT Demonstrations (2%)
40%
39
22
While Republicans are generally favorable toward the administration,
more than half are critical about agricultural and welfare policies. Independ-
ents are critical on these two points, but are also more critical than favor-
able about economic policies.
Predictably, Democrats are opposed to the administration. Democratic
opinions divide most evenly about Nixon's handling of foreign policies and racial
issues.
14.
SECTION II - FARM POLICIES
Farm Economy
(Q. 7)
More than a third (35%) say North Dakota's farm economy is worse off
now than when Orville Freeman was secretary of agriculture. Not quite as many,
30 percent, say things are "about the same" while 13 percent think farmers are
now better off than before.
Republicans say things are about the same, rather than either better
or worse. Independents are inclined to judge the current situation as worse
than previously by a margin of 34 percent to 13 percent, while Democrats are
decidedly pessimistic - 49 percent say the farm economy is worse than when
Freeman was secretary of agriculture compared to 5 percent who say it is better.
has deteriorated. By 60 percent to 7 percent farmers say, economically, the
situation is worse now than when Freeman was in office, 24 percent say it is
the same. Opinions of white collar workers are more favorable than those in
other occupational groups.
Opinions for occupational categories are shown in the table below.
Q. 7: Generally would you say the farm economy is better off, worse off, or
about the same now as when Orville Freeman was secretary of agriculture?
Number of
Better
Worse
About
Don't
Occupations:
Respondents
off
off
the same
Know
(Percentages
read across)
White collar
147
17%
28
29
26
Blue collar
110
12%
30
30
28
Farmers and farm labor
70
7%
60
24
9
Retired
52
12%
33
38
17
Miscellaneous (unemployed,
students, etc.)
19
11%
31
37
21
15.
Freedom of Planning
(Q. 8)
Residents of rural areas (including towns of 2,500 or less) were told,
"The present farm program is said to give farmers more freedom of planning and
decision than under previous programs" and then asked, "Do you agree or disagree?"
Opinions are rather evenly divided; 36 percent agree that there is now
more freedom than previously, 33 percent disagree, and 31 percent don't attempt
a judgment.
Responses divide somewhat along party lines with a plurality of Repub-
licans viewing the present situation as one of greater freedom and a plurality
of Democrats disagreeing. Independents side with the Democrats on this question.
As shown in the following table, a majority of farmers see the present
program as providing more freedom than previous Of this group
first-hand knowledge, 55 percent agree that the present farm program provides
more freedom of planning and decision, 35 percent disagree.
Q. 8: The present farm program is said to give farmers more freedom of planning
and decision than under previous programs. Do you agree or disagree?
Number of
No
Occupations:
Respondents
Agree
Disagree
Opinion
(Percentages read across)
White collar
63
25%
24
51
Blue collar
59
29%
32
39
Farmers and farm labor
70
55%
35
10
Retired
31
32%
42
26
Miscellaneous others
12
33%
50
17
16
Wheat Prices
(Q. 9)
Three out of each ten (31%) blame the government farm program for the
present low price of wheat. Overproduction is blamed by 25 percent, 17 percent
blame the cost of food distribution, and 14 percent say dock strikes are the
cause.
Among voters in all three political groups, the government farm program
gets the most blame for low wheat prices. But there is some disagreement about
the importance of the other three factors. Independents place somewhat greater
importance on the cost of food distribution while Republicans more often mention
overproduction and dock strikes as contributing to low wheat prices.
North Dakota farmers are of the opinion that overproduction is the
prince
More
than
DIVE
Collar
WORKELS
tend to blame the government farm program, while they place little blame on the
dock strike. These figures are shown in the table below:
Q. 9: The present price of wheat is said to be a concern to North Dakota
farmers. Which of the following would you say is the principal cause
for the present wheat prices?
Number of
Gov't
Over
Food
Dock
Don't
Occupations:
Respondents
Program
Production
Distribution
Strikes
Know
(Percentages read across)
White collar
147
31%
26
16
14
21
Blue collar
110
40%
16
21
8
16
Farmers, farm labor
70
26%
41
14
19
7
Retired
52
17%
21
15
21
25
Miscellaneous
19
31%
16
21
16
21
17.
Attitude of Nixon Administration
(Q. 10)
While a majority in the state disapproves of Nixon's agricultural poli-
cies, many are inclined to credit the administration with trying to help but mis-
understanding the situation.
Respondents were shown a card with seven phrases and asked to choose
which reflects the administration's attitude toward agriculture. Almost a third
(32%) select "trying to help" and 23 percent choose "misunderstanding." The
phrase "unconcern" is chosen by 15 percent, while 8 percent each, pick "neglect"
and "thinks no problem exists." Only a few select "much concern" (5%) and "help-
ing a great deal" (3%).
If the phrases are grouped as generally favorable toward the adminis-
tration and generally unfavorable, 63 percent appear to feel that the adminis-
tration IS sympathetic CO agriculture or, at the worst, subject to misunderstand-
ing. Less than a third are clearly critical.
Republicans are most favorable toward the administration, Democrats
most critical, while Independents take a position between the two.
Farmers in the state are more critical about agricultural policies than
other voters. Of this group, 23 percent say the administration is "trying to
help," but more, 28 percent, choose "misunderstanding." More often than others,
farmers choose "unconcern" (26%), neglect (10%) and "thinks no problem exists"
(11%).
In the table on the following page, replies are grouped into favorable
and critical categories and shown for farmers as compared to the survey average.
13,
Administration's Attitude Toward Agriculture
Farmers
Total
Only
FAVORABLE
Trying to help
32%
23%
Much concern
5
1
Helping a great deal
3
-
Misunderstanding
23
28
(63%)
(52%)
CRITICAL
Unconcern
15%
26%
Neglect
8
10
Thinks no problem exists
8
11
(31%)
(47%)
19.
SECTION III - STATE ADMINISTRATION AND POLITICAL ISSUES
State Problems
(Q. 11)
Voters were asked, "What problems facing the government of North Dakota
are you most concerned about at the present time?" As was the case in 1968 and
again in 1970 when similar questions were asked, respondents most often express
concern about farm problems. In this survey, 23 percent cite agricultural issues.
Two other concerns of major importance, each mentioned by 13 percent,
are taxes and employment problems. Education and the adoption of a new constitu-
tion are each top issues with 10 percent of the public.
Other topics of interest to voters are the need for industrial develop-
ment, inflation and the election of a new governor.
complete persentage distribution problem is Iage =
in the Question and Answer Section.
Farm problems and employment concerns are mentioned more often by Demo-
crats than by Republicans and Independents. The proportion mentioning other issues
varies only a little along party lines.
Rating of Governor Guy
(Q. 17)
Voter approval of Governor Bill Guy continues high. Unusual apprecia-
tion for many years of public service is shown by the excellent rating granted
the governor. This rating is the best in the period covered by recent voter
opinion surveys. At the present time, 67 percent say he is doing a good job
compared to 5 percent who are critical.
20
Below is a table showing a comparison of the ratings of Governor Guy
in previous surveys.
Rating of Governor Bill Guy
Sept.
April
Sept.
June
Feb.
1966
1968
1968
1970
1972
Good job
53%
53%
65%
63%
67%
Only fair
34
37
24
30
25
Not too good
7
6
8
6
5
No opinion
6
4
3
1
3
Bicameral vs. Unicameral
(Q. 12)
Most North Dakota voters prefer to keep the bicameral legislature. It
is favored almost 3 to 1 (68% to 23%). There is very little difference of opinion
on this question among the three political.groups.
Right-to-work Law
(Q. 13)
The Right-to-work law is supported by almost eight out of ten voters;
78 percent favor it, 19 percent oppose. Republicans give it a wider margin than
Democrats, but even with Democrats the Right-to-work law is favored by a 44 point
margin.
Name Recognition
(Q. 14)
From a list of names of men active in North Dakota politics, respondents
were asked to identify the men with whom they are familiar. Most of the men on
21
the list are very well known to the public. Best known are Quentin Burdick,
identified by 99 percent, Milton Young by 97 percent, Mark Andrews by 96 per-
cent and Robert McCarney also by 96 percent.
Arthur Link's name is recognized by 88 percent while Richard Larson is
known to 74 percent.
Name recognition for Burdick, Young and Andrews was reported at the
same level in 1970 in a statewide voter opinion survey.
Rating of Senator Burdick
(Q. 15)
Senator Burdick is well thought of by his North Dakota constituents.
By a ratio of 11 to 1, the public says he is doing good job rather than not too
good
:
persent
0.00
1.1.
percent
5 percent are critical.
Voters rate Burdick slightly better now than in 1970. The comparison
with 1970 is shown below.
Rating of Senator Burdick 1970 and 1972
June
February
1970
1972
Good job
49%
55%
Only fair
37
35
Not too good
3
5
No opinion
11
5
22.
Rating of Arthur Link
(Q. 16)
Second District Congressman Arthur Link receives a statewide rating
of "good" by 37 percent, 30 percent say "only fair," and 3 percent say "not too
good."
In his old district, Link fares better with over half rating him "good"
and 4 percent critical. These figures are shown in the following table.
Rating of Arthur Link
Survey
First
Second
Total
District
District
Good
37%
23%
53%
Only fair
30
28
32
Not too good
3
1
4
No opinion
30
48
11
Democrats are the most favorable about DINK, 45 1.3 is doing
a good job. However, 32 percent of the Republicans and 36 percent of the Inde-
pendents also credit the congressman with good work, while relatively few are
critical.
Link vs. McCarney
(Q. 18-18a)
By more than 3 to 1 (64% to 20%) voters would prefer Congressman Arthur
Link for governor rather than Robert McCarney. Link's wide favorable margin comes
not only because of strong Democratic support but because about half of the Re-
publicans and Independents also favor him.
23,
Criticism of McCarney is the main reason Link gets such wide-
spread support. The extensive criticism of McCarney is shown along with
other reasons voters give for choosing each candidate in the verbatim
section beginning on Page 24.
Political Parties
(Q. 19-19a)
A total of 43 percent identify themselves as Republicans or
closer to the Republican Party; 38 percent say they are Democrats or
closer to the Democratic Party. Those who do not support either party or
say they are Independents make up 19 percent of the voters.
In comparison to previous surveys, somewhat fewer identify
themselves with political parties. the proportion UI Democrate is
smaller now than in other years. These results certainly suggest that
Democrats are losing strength in North Dakota. This survey is earlier
in an election year than previous surveys, however, and some who are
not strong in political loyalties may return to a party identification
as political interest increases.
Political Parties, 1966 to 1972
Sept.
April
Sept.
June
February
1966
1968
1968
1970
1972
Republicans
46%
43%
48%
43%
43%
Democrats
47
48
48
43
38
Independents
7
9
4
14
19
24.
Preference for Governor
Q. 22: "If the candidates for governor are former candidate Robert McCarney as
an Independent Republican and Congressman Arthur Link for the Democrats,
which would you probably vote for - Link or McCarney?"
Q. 22a: "Why do you favor (McCarney) (Link)?"
(398 respondents in sample)
79 PREFER McCARNEY (giving various reasons as follows)
15 give personal qualities or qualifications: "He's got a lot of guts,"
"He's a loser but he's got guts enough to stick in there and fight,"
"He's fair," "I found him to be fair in everything," "Because he is
always in there pitching," "He takes a firm stand," "He stands up for
the people," "He is independent - he doesn't necessarily go along with
the system because the system says this," "McCarney seems to know what
he is doing," "I like his way of speaking," "He is a very successful
businessman," "He has more qualifications," etc.
14 agree with his views, stands, policies.
2 "He's trying his referendums - save taxnavers' money" or "He would
three."
1 "His referendums has helped."
1 "He would cut the cost of the state government spending."
1 "He's big for business he'd be for the small businessman."
1 "McCarney has good ideas on education."
1 "I like a lot of his views and particularly his appeal to the young
people."
1 "I think he will favor the underdog or poorer people."
1 "Because he is a more conservative man - he is a man that had to
start from scratch and made it."
5 "I like some of his viewpoints," "His ideas sound good," "I like his
ideas," etc.
12 mention his record or experience: "He's done a good job," "He's been
trying," "His experience," etc.
25.
7 refer to his familiarity or acquaintance: "I know a little more about
him," "I don't know anything about Link," "Because I've heard more about
him," "McCarney is my husband's boss," etc.
5 give political party reasons: "Because I'm a Republican," "He's a Re-
publican," "I vote Republican,' etc.
5 express general approval: "I think he's a good man," "I like McCarney,"
"I think McCarney can do better than the rest," etc.
2 criticize Link.
1 "I don't think much of Link."
1 ""I don't have much use for Link - he's too much for Farmers Union."
2 say he works for the state, represents the people: "I think he has a
lot of good ideas for this state" or "McCarney has a lot of good points -
ine would in Ct VGLY good man CC wain IVI the State."
7 give miscellaneous reasons.
4 "Just to see what he could do," "He may show us something," or "I'd
like to give him a chance and see what he can do."
1 "The viewpoint of change."
1 "He could be another Langer."
1 "He is a new man."
12 can give no reason.
26.
253 PREFER LINK (giving various reasons as follows)
147 criticize McCarney.
36 "Because I don't like McCarney," "I don't care for McCarney,' "I
dislike McCarney," "I don't have much love for McCarney,' "I don't
agree with his actions,' "I don't approve of some of the things
he has done," etc.
1 adding, "He's another Wallace."
1 "I think the candidate should be a party
endorsement."
27 "I'm against McCarney," "I'm not for McCarney," "I wouldn't vote
for Robert McCarney so I'd have to go with Link," "I disfavor Mc-
Carney, "I'm not too big a fan of McCarney's," "I just oppose
McCarney," "I wouldn't vote for McCarney if my life depended on
it," "I'd vote for anybody McCarney is running against," etc.
1 adding, "I think McCarney is just terrible."
19 "I haven't got much time for McCarney - he's just a troublemaker,"
"Oh, McCarney is only a troublemaker," "McCarney stirred up a lot
of stuff he shouldn't have," "McCarney is trying to stick his nose
into everything,' "McCarney is kind of a rabble-rouser,' "McCarney
has been too controversial," "I couldn't see voting for anyone
= as RODELL mecainey. 1 nate Mccarney he's such
an activist - brings up things that shouldn't be brought up," etc.
1 adding, "and he is just looking for publicity.'
1 "and he doesn't have any backing."
1 "He isn't a stable person."
8 "I don't think much of McCarney - he's too radical,' "I think McCarney
is on the radical order," "I wouldn't vote for McCarney as he is too
much of a radical, "I don't like McCarney - I think he is a bit
radical," etc.
1 adding, "and he is raising a lot of hell and he
cost us a lot of money.'
9 "McCarney's publicity is bad," "McCarney had too much publicity,"
"I've heard too much against McCarney,' "Because I don't like all
of his publicity,' "I haven't heard too favorable reports on McCarney,"
"Because McCarney doesn't have a good reputation," "I didn't like the
way he advertised himself," "He agitates to get attention to himself,"
etc.
9 "McCarney's whole image does not let you trust him," "I don't think
we could trust McCarney," "I don't think you can trust a man that is
as changeable as McCarney,' "He is unpredictable," "He is not depend-
able," etc.
27.
7 "McCarney is too much noise," "I can't stand McCarney he is too
much of a loudmouth,' "I don't like McCarney - he's a bag of wind,"
"Anybody would favor Link over McCarney - McCarney is just a big
mouth," "He is too outspoken," etc.
1 adding, "He isn't interested in the good of the
country. His referrals make me sick."
5 "I just don't like McCarney - he wouldn't make a good governor,' "I
don't think McCarney is suited for the job," "McCarney is not the
man for the top office," etc.
1 adding, "He has no tact."
3 "I don't like McCarney's philosophy," "I just don't approve of some
of McCarney's ideas, or "I don't care for McCarney's attitude on
almost everything.'
2 "I think McCarney should stick with his auto industry - he's no
politician" or "McCarney should stick to selling Fords."
1 "I don't even like McCarney's garage."
2 "McCarney has no business in politics he's not very smart" or
"McCarney doesn't know too much."
2 "McCarney is a crook."
2 "McCarney can't get along with his own party" or "McCarney has done
the Republican Party lots of damage."
5 "McCarney has cost the state a lot of money with no success on ideas,"
"McCarney has cost the state too much money," "McCarney would spend
too much money, "I don't like McCarney at all - he cost the tax-
payer thousands of dollars and nothing gained,' or "McCarney is just
costing the taxpayers money by his referrals.'
1 "I don't think McCarney has done any good with his referrals."
1 "McCarney doesn't show too much diplomacy in dealing with people
he's kind of a hard-nose."
1 "McCarney is a nut the majority of people are not for him."
1 "McCarney is not serious or experienced."
1 "McCarney is much less superior to Link."
1 "McCarney is a big farce."
28,
1 "I didn't like McCarney's attitude toward Governor Guy."
1 "McCarney served his purpose in North Dakota on the political scene,
but as a governor he would be inconsistent."
1 "McCarney can only buy because he has the money and I don't like that."
1 "I don't have any use at all for McCarney or his buddies when he got
tied up with Bjornson, that ended it for me."
27 give political party reasons: "He's a Democrat," "Because I am a Demo-
crat, "For the party,' etc.
21 express general approval: "I just prefer Link," "He's the best man to
run," "He's a good man, "I like him," etc.
16 approve his record or experience: "For experience," "Link has done a
good job,' "He's trying to do a good job," "He's experienced," etc.
15 give personal qualities UL qualifications. "I CHINK ine is well qualified,
"He is better qualified,' "Link is a. more polished candidate,' "He is a
smarter man and a good sensible fellow," "He has more brains," "Link has
a better head on his shoulders," "Link is a straightforward man," "I think
he is honest," "I feel we need a leader who is more stable," "He is more
of a common man than McCarney," etc.
10 agree with his views, policies, stands.
5 "He has a good attitude towards farmers from the speeches I've heard
him make," "His farm program,' "He is good for the farmers and the
farming area," etc.
2 "He's for labor" or "I think he's better for the poor guy."
1 "He is conservative."
2 "I like his speeches a lot better" or "I go along with his line of
reasoning."
29.
5 mention familiarity or acquaintance: "I don't really know about McCarney
at all," "Link is well known, " "I don't know McCarney,' etc.
4 say he works for the state of North Dakota, represents the people: "He
knows more about the problems of North Dakota, " "He's for his constitu-
ents," "He puts the peoples wants before his own," etc.
2 give miscellaneous reasons.
1 "We should give him a chance."
1 "Because I am Chairman for District #14 for Link for Governor."
21 can give no reason.
66 EXPRESS NO PREFERENCE.
March 29, 1972
MEMORANDUM FOR:
JOHN MITCHELL
FROM:
HARRY S. DENT ASD
SUBJECT:
South Dakota
Former Congressman Ben Reifel has announced that he will not
be a candidate for the U. S. Senate.
The State Chairman, Bob Burns, is satisfied that Reifel's
announcement is for the best. He would have been an extremely
divisive influence in a crowded primary and his age (66) could
have defeated him in November.
bcc: H. R. Haldeman
THE WHITE HOUSE
WASHINGTON
March 29, 1972
MEMORANDUM TO THE PRESIDENT
(Per HRH)
FROM:
PATRICK J. BUCHANAN
McGovern's Deputy Campaign Manager, a friend from my Soviet
trip, a level-headed fellow, called me today to say that McGovern
will win in Wisconsin. He gave me the following polls:
MCGOVERN'S PRIVATE POLLS
AFL-CIO
QUAYLE POLL
Humphrey
23
McGovern
24
McGovern
19
Humphrey
18
Muskie
14
Muskie
15
Jackson
13
Jackson
13
Wallace
9
Wallace
10
Lindsay
4
Lindsay
1
Other
3
Undecided
19
Undecided
14
My friend tells me that in the McGovern Poll, McGovern is carried
much lower than normal -- since it does not include the Second
District (Madison) where McGovern is conceded to be immensely
strong, compared with the other Democrats. Further, he says
that those polled were those who intended to vote in the Democratic
Primary, including Republicans.
-2-
This is hard to believe. Seems to me, even if these figures are
accurate, however, that George Wallace will pick up some of the
undecided -- he surely did in Florida.
But the McGovern fellow contends tha Muskie could come in fourth
or even fifth in the race -- which would be a climactic disaster for
Big Ed.
Again, if these figures are accurate -- McGovern would be greatly
enhanced; the liberal press would fall all over him for the next two
weeks. Humphrey would be set back. Muskie would sustain a near
fatal blow. Big John Lindsay would be finished. The situation would
be more confused than ever. The likelihood of a first ballot
nomination for the Democrats would be increasingly remote. In short,
if this is the outcome, it would seem that the pressures on Kennedy
would be substantial to move.
Buchanan
NOTE: If we have some hard poll informa'tion, and this is a possibility,
then we should have Republicans cross over and vote for George McGovern.
Word should go forth today.
PJB
HH8 MEMORANDUM 410 12/5 Goode the miller
10/23
THE WHITE HOUSE
WASHINGTON
MEMORANDUM FOR:
G FU H27
September 15, 1971
original.
H. R. HALDEMAN
FROM:
1/28
GORDON STRACHAN
G
SUBJECT:
RNC Film
cc/8
The Republican National Committee film has been completed
by the Robert Goodman Agency. It was screened by Chapin,
Carruthers, Goode, Tom Evans, Magruder, Kehrli, and my-
self. It needs a good deal of work and Magruder has
asked Chapin to allow Goode to work with the Robert
Goodman Agency. Chapin agreed to this arrangement on
the theory that the best talent available within the
White House, Committee, and RNC structure should work
on a final product. Goode expects at least a month of
work needs to be done.
9/30 - DC cracking, 650ut
10/18 - meet script this apt on final
Mill 12/8 - Screen, - mor 12/14
approved scripts
- -shoot AFO , outside
12/20- Goode - Bermule
12/28 - G+ DC + miller
"a disaster
1/24 - color punt for screen
3/23 - - will events use in small
1/26 DCrG-blal
0
March 21, 1972
Memorandum
To: John Mitchell
From: Charlie McWhorter
Re:
Democrat Governors
Ever since the elections of 1970, a major effort has been made
by Larry O'Brien to line up support of Democrat governors for the National
Democrat ticket in 1972. The Democrat \governors have met privately in
advance of meetings of the National Governors Conference and this is likely
to continue inspite of the presence of George Wallace. However, an examina-
tion of the current roster of Democrat governors shows that there is a
broad spectrum of opinion within this group. At the present time, O'Brien
is helped by the prospect that many Democrat governors believe that they
might be chosen as the nominee for Vice President. Both Muskie and Humphrey
have been cultivating this kind of thinking although it must inevitably
result in a large number of disappointed govermors.
I have had some preliminary talks with Governor Milliken of
Michigan about the possibility of having an improved liaison with certain
Democrat governors for the balance of this campaign year. There is no
likelihood of having all 30 Democrat governors make a public defection,
but there is a strong probability that a large number can be persuaded for
various reasons that they have no great personal reason to oppose the
President this year and to become personally involved in trying to carry
their state for the National Democrat ticket. The relative neutrality
or lack of commitment by a Democrat governor could result in a significant
impact during the campaign. For instance, a governor has political resources
that he can mobilize in support of the Presidential candidate such as
activities by employees of the State Road Commission, State Liquor Authority
and other political resources. If a Democrat governor, for whatever reason,
decides to make less than an all out effort in behalf of the Democrat
National ticket, the result will obviously be of help to the President.
Our Republican leaders have very little direct contact with
Democrat governors and this really is no surprise since there is no particu-
lar reason to develop such contacts. However, there are several Republican
governors who have established good personal relations with Democrat
governors as a result of their activities and functions through the National
Governors Conference. It seems to me that it would be a good idea if
Republican governors could be encouraged to develop personal contacts with
selected Democrat governors and that once the Miami Convention is over
that an effort be made to reduce their personal enthusiasm for a National
Democrat victory in 1972.
- 2 -
As you know, the Republican governors will be meeting at the
Greenbrier Hotel on April 30-May 2. This would be a good opportunity for
a small group of Republican governors to discuss the matter, providing you
think it desirable, and to set up a "buddy system" with selected Democrat
governors for the balance of this campaign year. I would be glad to dis-
cuss this with you in further detail at your convenience but would hope
that you would have a chance to talk with Governor Milliken about this in
advance of the meeting at the Greenbrier.
bcc: H. R. Haldeman
March 21, 1972
Memorandum
To: John Mitchell
From: Charlie McWhorter
Re: New York
In my checking around New York City and New York State about the
prospects for 1972, I am cautiously optimistic at this point. It seems
clear to me, however, that there must be a high degree of cooperation
between Republican and Conservative efforts on behalf of the President this
year. Frankly, I don't think it makes any real difference in terms of
votes whether there are joint electors. It would be a serious problem if
the Conservative Party were to run a separate slate of electors pledged to
someone other than the President. What seems to be at stake is symbolic
of cooperation and unity which joint electors would represent. In 1970,
however, there were effective working relationships between the Republican
and Conservative organizations, at least on a local level, that resulted
in maximizing the votes cast for both Governor Rockefeller and Senator
Buckley. I would settle for that in 1972 although in some cases, such as
Nassau County, it might be difficult.
Specifically, I think it would be a worthwhile objective to have
both Senator Javits and Senator Buckley serve as Co-chairmen of the Nixon
campaign in New York under Governor Rockefeller's leadership. This would
probably require some extended discussions by you with both Senators. I
would hope that Senator Javits could be persuaded that it is in his best
long-range interest to cooperate in this approach rather than to insist
that the Republican Party in New York continue to follow the liberal
strategy which, while it has worked well for Senator Javits in the past,
is now probably outdated in terms of the political realities of the 1970's.
Without getting into the specifics of future campaigns, it might
be pointed out to Senator Javits that cooperation among all persons who
want to support the President will be essential if New York is to deliver
its electoral votes for the President in 1972; that he could, and hopefully
will, make a positive contribution to that result through his personal
efforts and leadership. Senator Javits should realize that it is in his
best interest to avoid a confrontation with the moderate and conservative
elements within the Republican Party even though he will probably have a
hard core of bitter opposition.
It certainly is in the GOP's best interest to run a joint city
wide campaign in 1973 and for the reelection of Senator Buckley in 1976.
This could result in some sharp trading about 1974, but there is no need
at this point to try to resolve all of those problems. What is required
for 1972 is acceptance by all concerned of the priority for cooperation in
support of the President. If the President is successful in carrying New
York State in 1972 this will obviously facilitate cooperation in future
campaigns and that should interest both Senators Javits and Buckley.
bcc: H. R. Haldeman
DETERMINE TO BE AN
March 6, 1972
ADMINIS
RKING
CONFIDENTIAL
E.O. 12065, Section 6-102
By
EP
NARS, Date 3-30-82
Memorandum
To: Bob Haldeman
From: Charl lie McWhorter
Re: GOP Meetings - March 1-3, 1972
Last week there was a one-day meeting of the Republican National
Committee and its various subdivisions plus a two-day session of the 1972
Republican Leadership Conference attended by 1,500 delegates from all states.
In my opinion, the spirit of both meetings was quite positive.
There was a little resentment over the news that state party
organizations were expected to sell advertising for the convention program
but this is part of the general unhappiness over the problems which stem
from the choice of San Diego as a convention site, such as limited housing
and convention facilities. The problem is not serious, however, and I am
sure it will be a fine convention.
Specifically, the thing that seemed to give me the greatest
reassurance was the reaction to the President's recent visit to China. There
was practically no objection even from some of the most conservative party
types to the substantive provisions of the joint statement. The thing
which seemed to come through of greatest importance was the fresh insight
given to the American people about the personal leadership qualities of the
President and Mrs. Nixon. For years Nixon supporters have been told that
there should be some way in which the warm personal qualities of the President
should be made better known to the general public. I am sure you are familiar
with this general situation. Now, for the first time, there seems to have
been a major breakthrough in this regard and millions of Americans seem to
have been made aware of qualities of personality, intellect and character
that those who have worked closely with the President have always known.
The second reassuring view that I got from extended discussions
at this convention and from my talks at the National Governors Conference
the week before, relatesto the marked improvement in the President's stand-
ing among farmers in the midwest. This had been a major trouble spot. Thanks
to the effective work of Secretary Butz, the tide has turned. I strongly
recommend that Butz be encouraged to keep up his speaking schedule and not
modify his strong support for the position of farmers even though this may
put him at odds with some parts of the consumer oriented programs. His
credibility as a spokesman for the farmers within the Administration and
one who has the ear of the President is one which must be maintained through-
out this campaign.