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This file includes material on the Ronald Reagan challenge for the Republican nomination.
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4520772
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President - Campaign General (1)
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4520772
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President - Campaign General (1)
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This file includes material on the Ronald Reagan challenge for the Republican nomination.
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collections
Philip W. Buchen Files
Philip Buchen's General Subject Files
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Presidential election committees
Women
Presidential campaign, 1976
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1976
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1974
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The original documents are located in Box 44, folder "President - Campaign General (1)"
of the Philip Buchen Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 44 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
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 Representatives of the
United States of America in Congress assembled, That this Act may
Federal Eleo-
be cited as the "Federal Election Campaign Act of 1971".
tion Campaign
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 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 expendi-
ture 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 (excluding any costs
of telephones incurred by a volunteer for use of telephones by
him).
86 STAT. 3
(2) The term "broadcasting 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 elective 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
of
laws to hold the Federal elective office for which he is a candidate,
BERALD
SHOP
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-
LIBRATT
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. (a) (1) Section 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 a legally qualified candidate for any public office in
connection with his campaign for nomination for election, or election,
to such office shall not exceed-
"(1) during the forty-five days preceding the date of a primary
or primary runoff election and during the sixty days preceding the
date of a general or special election in which such person is a can-
didate, the lowest unit charge of the station for the same class and
amount of time for the same period; and
Pub. Law 92-225
- 2 -
February 7, 1972
"(2) at any other time, the charges made for comparable use of
such station by other users thereof.'
74 Stat. 894.
(2) (A) Section 312(a) of such Act is amended by striking "or" at
47 USC 312.
the end of clause (5), striking the period at the end of clause (6) and
inserting in lieu thereof a semicolon and "or", and adding at the end of
such section 312(a) the following new paragraph:
"(7) for willful or repeated failure to allow reasonable access
to or to permit purchase of reasonable amounts of time for the use
of a broadcasting station by a legally qualified candidate for Fed-
eral elective office on behalf of his candidacy.".
66 Stat. 717.
(B) The second sentence of section 315 (a) of such Act is amended
47 USC 315.
by inserting "under this subsection" after "No obligation is imposed".
Nonbroadcast
(b) To the extent that any person sells space in any newspaper or
media rates.
magazine to a legally qualified candidate for Federal elective office, or
nomination thereto, in connection with such candidate's campaign for
nomination for, or election to, such office, the charges made for the use
of such space in connection with his campaign shall not exceed the
charges made for comparable use of such space for other purposes.
86 STAT. 4
86 STAT. 5
LIMITATIONS OF EXPENDITURES FOR USE OF COMMUNICATIONS MEDIA
SEC. 104. (a) (1) Subject to paragraph (4), no legally qualified can-
didate in an election (other than a primary or primary runoff election)
for a Federal elective office may-
(A) spend for the use of communications media on behalf of
his candidacy in such election a total amount in excess of the
greater of-
(i) 10 cents multiplied by the voting age population (as
certified under paragraph (5)) of the geographical area in
which the election for such office is held, or
(ii) $50,000, or
(B) spend for the use of broadcast stations on behalf of his
candidacy in such election a total amount in excess of 60 per
centum of the amount determined under subparagraph (A) with
respect to such election.
Primaries.
(2) No legally qualified candidate in a primary election for nomina-
tion to a Federal elective office, other than President, may spend-
(A) for the use of communications media, or
(B) for the use of broadcast stations,
on behalf of his candidacy in such election a total amount in excess of
the amounts determined under paragraph (1) (A) or (B), respec-
tively, with respect to the general election for such office. For purposes
of this subsection a primary runoff election shall be treated as a sepa-
rate primary election.
Presidential
(3) (A) No person who is a candidate for presidential nomination
primaries.
may spend-
(i) for the use in a State of communications media, or
(ii) for the use in a State of broadcast stations,
on behalf of his candidacy for presidential nomination a total amount
in excess of the amounts which would have been determined under
paragraph (1) (A) or (B), respectively, had he been a candidate for
election for the office of Senator from such State (or for the office of
Delegate or Resident Commissioner in the case of the District' of
Columbia or the Commonwealth of Puerto Rico).
(B) For purposes of this paragraph (3), a person is a candidate for
presidential nomination if he makes (or any other person makes on his
behalf) an expenditure for the use of any communications medium on
behalf of his candidacy for any political party's nomination for elec-
tion to the office of President. He shall be considered to be such a can-
didate during the period-
February 7, 1972
- 3 -
Pub. Law 92-225
(i) beginning on the date on which he (or such other person)
first makes such an expenditure (or, if later, January 1 of the year
in which the election for the office of President is held), and
(ii) ending on the date on which such political party nominates
a candidate for the office of President.
For purposes of this title and of section 315 of the Communications
Act of 1934, a candidate for presidential nomination shall be con-
66 Stat. 717;
sidered a legally qualified candidate for public office.
73 Stat. 557.
(C) The Comptroller General shall prescribe regulations under
47 USC 315.
which any expenditure by a candidate for presidential nomination for
Regulations.
the use in two or more States of a communications medium shall be
86 STAT. 5
attributed to such candidate's expenditure limitation in each such
86 STAT. 6
State, based on the number of persons in such State who can reason-
ably be expected to be reached by such communications medium.
(4) (A) For purposes of subparagraph (B)
(i) The term "price index" means the average over a calendar
"Price index."
year of the Consumer Price Index (all items-United States city
average) published monthly by the Bureau of Labor Statistics.
(ii) The term "base period" means the calendar year 1970.
"Base period."
(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.
Statistics of the Department of Labor, the Secretary of Labor shall
certify to the Comptroller General and publish in the Federal Register
the per centum difference between the price index for the 12 months
preceding the beginning of such calendar year and the price index for
the base period. Each amount determined under paragranh (1) (1) (i)
and (ii) shall be increased by such per centum difference. Each
amount so increased shall be the amount in effect for such calendar
year.
(5) Within 60 days after the date of enactment of this Act, and
Publication in
during the first week of January in 1973 and every subsequent year,
Federal Register.
the Secretary of Commerce shall certify to the Comptroller General
and publish in the Federal Register an estimate of the voting age
population of each State and congressional district for the last calen-
dar year ending before the date of certification.
(6) Amounts spent for the use of communications media on behalf
of any legally qualified candidate for Federal elective office (or for
nomination to such office) shall, for the purposes of this subsection.
be deemed to have been spent by such candidate. 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.
(7) For purposes of this section and section 315 (c) of the Com-
munications Act of 1934-
Post, P. 7.
(A) spending and charges for the use of communications media
include not only the direct charges of the media but also agents'
commissions allowed the agent by the media, and
(B) any expenditure for the use of any communications medium
by or on behalf of the candidacy of a candidate for Federal elective
office (or nomination thereto) shall be charged against the expend-
iture limitation under this subsection applicable to the election
in which such medium is used.
(b) No person may make any charge for the use by or on behalf of
Certification
any legally qualified candidate for Federal elective office (or for nomi-
requirement.
nation to such office) of any newspaper, magazine, or outdoor adver-
rising facility, unless such candidate (or a person specifically author-
zed by such candidate in writing to do so) certifies in writing to the
Pub. Law 92-225
- 4 -
86 STAT. 7
February 7, 1972
person making such charge that the payment of such charge will not
violate applicable. paragaph (1), (2), or (3) of subsection (a), whichever is
66 Stat. 717.
47 USC 315.
(c) Section 315 of the Communications Act of 1934 is amended by
redesignating subsection (c) as subsection (g) and by inserting after
subsection (b) the following new subsections:
"(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
elective office (or for nomination to such office) unless such candidate
(or a person specifically authorized by such candidate in writing to do
so) certifies to such licensee in writing that the payment of such charge
Ante, p. 5.
will not violate any limitation specified in paragraph (1), (2), or (3)
of section 104 (a) of the Campaign Communications Reform Act,
whichever paragraph is applicable.
"(d) If a State by law and expressly-
"(1) has provided that a primary or other election for any
office of such State or of a political subdivision thereof is subject
to this subsection,
"(2) has specified a limitation upon total expenditures for the
use of broadcasting stations on behalf of the candidacy of each
legally qualified candidate in such election,
(3) has provided in any such law an unequivocal expression of
intent to be bound by the provisions of this subsection, and
"(4) has stipulated that the amount of such limitation shall not
exceed the amount which would be determined for such election
under section (1) (B) or 104(a) (2) (B) (whichever is
applicable) of the Campaign Communications Reform Act had
such election been an election for a Federal elective office or
nomination thereto;
then no station licensee may make any charge for the use of such sta-
tion by or on behalf of any legally qualified candidate in such election
unless such candidate (or a person specifically authorized by such
candidate in writing to do so) certifies to such licensee in writing that
the payment of such charge will not violate such State limitation.
Penalty.
(e) Whoever willfully and knowingly violates the provisions of
subsection (c) or (d) of this section shall be punished by a fine not to
exceed $5,000 or imprisonment for a period not to exceed five years, or
47 USC 501-
both. The provisions of sections 501 through 503 of this Act shall not
503.
apply to violations of either such subsection.
Definitions.
(f) (1) For the purposes of this section:
(A) The term broadcasting station' includes a community
antenna television system.
B.
"(B) The terms 'licensee' and 'station licensee' when used with
STATE
LIBRARY
respect to a community antenna television system, means the
operator of such system.
"(C) The term 'Federal elective 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.
"(2) For purposes of subsections (c) and (d), the term 'legally
qualified candidate' means any person who (A) meets the qualifica-
tions prescribed by the applicable laws to hold the office for which he
is a candidate and (B) is eligible under applicable State law to be
electors." voted for by the electorate directly or by means of delegates or
REGULATIONS
SEC. 105. The Comptroller General shall prescribe such regulations
as may be necessary or appropriate to carry out sections 102, 103(b),
104(a), and 104(b) of this Act.
February 7, 1972
- 5 -
Pub. Law 92-225
86 STAT. 8
PENALTIES
SEC. 106. Whoever willfully and knowingly violates any provision
of section 103 (b), 104(a), or 104(b) or any regulation under section
105 shall be punished by a fine of not more than $5,000 or by imprison-
ment of not more than five years, or both.
TITLE II-CRIMINAL CODE AMENDMENTS
SEC. 201. Section 591 of title 18, United States Code, is amended 62 Stat. 719.
to read as follows:
§ 591. Definitions
"When used in sections 597, 599, 600, 602, 608, 610, and 611 of this
title-
Post, pp. 9, 10.
"(a) 'election' means (1) a general, special, primary, or runoff
election, (2) a convention or caucus of a political party held to
nominate a candidate, (3) a primary election held for the selection
of delegates to a national nominating convention of a political
party, (4) a primary election held for the expression of a pref-
erence for the nomination of persons 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;
"(b) 'candidate' means an individual who seeks nomination for
election, or election, to Federal office. whether or not such individ-
ual is elected, and, for purposes of this paragraph, an individual
shall be deemed to seek nomination for election, or election, to
Federal office, if he has (1) taken the action necessary under the
law of a State to qualify himself for nomination for election, or
election, 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 nomina-
tion for election, or election, to such office;
"(c) 'Federal office' means the office of President or Vice Presi-
dent of the United States, or Senator or Representative in, or
Delegate or Resident Commissioner to, the Congress of the United
States;
"(d) 'political committee' means any individual, committee.
association, or organization which accepts contributions or makes
expenditures during a calendar year in an aggregate amount
exceeding $1,000;
"(e) 'contribution' means—
"(1) a gift, subscription, loan, advance, or deposit of money
or anything of value (except a loan of money by a national
or State bank made in accordance with the applicable banking
laws and regulations and in the ordinary course of business).
made for the purpose of influencing the nomination fo" elec-
tion, or election, of any person to Federal office, for the
purpose of influencing the results of a primary held for the
selection of delegates to a national nominating convention of
il. 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, express or implied.
whether or not legally enforceable, to make a contribution for
such purposes;
"(3) a transfer of funds between political committees;
Pub. Law 92-225
- 6 -
February 7, 1972
86 STAT. 9
"(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 candi-
date or political committee without charge for any such pur-
pose; and
Exception.
"(5) notwithstanding the foregoing meanings of 'con-
tribution', the word shall not be construed to include services
provided without compensation by individuals volunteering
a portion or all of their time on behalf of a candidate or
political committee;
"(f) 'expenditure' means-
"(1) a purchase, payment, distribution," loan, advance,
deposit, or gift of money or anything of value (except a loan
of money by a national or State bank made in accordance
with the applicable banking laws and regulations and in the
ordinary course of business), made for the purpose of influ-
encing the nomination for election, or election, of any person
to Federal office, 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 expres-
sion 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 pro-
posing amendments to the Constitution of the United States;
(2) a contract, promise, or agreement, express or implied,
whether or not legally enforceable, to make any expenditure:
and
"(3) a transfer of funds between political committees;
"(g) 'person' and 'whoever' mean an individual, partnership,
committee. association, corporation, or any other organization or
group of persons; and
"(h) 'State' means each State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, and any terri-
tory or possession of the United States.".
62 Stat. 721.
SEC. 202. Section 600 of title 18, United States Code, is amended to
read as follows:
"§ 600. Promise of employment or other benefit for political
activity
"Whoever, directly or indirectly, promises any employment, posi-
tion, compensation, contract, appointment, or other benefit, provided
for or made possible in whole or in part by any Act of Congress, or
any special consideration in obtaining any such benefit, to any person
as consideration, favor, or reward for any political activity or for the
support of or opposition to any candidate or any political party in
connection with any general or special election to any political office,
or in connection with any primary election or political convention or
caucus held to select candidates for any political office, shall be fined
not more than $1,000 or imprisoned not more than one year, or both.".
62 Stat. 723.
SEC. 203. Section 608 of title 18, United States Code, is amended to
read as follows:
"§ 608. Limitations on contributions and expenditures
"(a) (1) No candidate may make expenditures from his personal
funds, or the personal funds of his immediate family, in connection
with his campaign for nomination for election, or election, to Federal
office in excess of-
"(A) $50,000, in the case of a candidate for the office of Presi-
dent or Vice President;
"(B) $35,000, in the case of a candidate for the office of Sen-
ator; or
February 7, 1972
- 7 -
Pub. Law 92-225
86 STAT. 10
"(C) $25,000, in the case of a candidate for the office of Repre-
sentative, or Delegate or Resident Commissioner to the Congress.
"(2) For purposes of this subsection, 'immediate family' means a
"Immediate
candidate's spouse, and any child, parent, grandparent, brother, or
family."
sister of the candidate, and the spouses of such persons.
"(b) No candidate or political committee shall knowingly accept
any contribution or authorize any expenditure in violation of the pro-
visions of this section.
"(c) Violation of the provisions of this section is punishable by a Penalty.
both.". fine not to exceed $1,000, imprisonment for not to exceed one year, or
SEC. 204. Section 609 of title 18, United States Code, is repealed.
Repeal.
SEC. 205. Section 610 of title 18, United States Code, relating to con-
62 Stat. 723.
tributions or expenditures by national banks, corporations, or labor
paragraph: organizations, is amended by adding at the end thereof the following
"As used in this section, the phrase 'contribution or expenditure'
"Contribution
shall include any direct or indirect payment, distribution, loan,
or expenditure."
advance, deposit, or gift of money, or any services, or anything of
value (except a loan of money by a national or State bank made in
accordance with the applicable banking laws and regulations and in
the ordinary course of business) to any candidate, campaign commit-
tec, or political party or organization, in connection with any election
to any of the offices referred 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 members and their families on any
subject; nonpartisan registration and get-out-the-vote campaigns by a
corporation aimed at its stockholders and their families, or by a labor
organization aimed at its members and their families; the establish-
ment, administration, and solicitation of contributions to a separate
segregated fund to be utilized for political purposes by a corporation
or labor organization: Provided, That it shall be unlawful for such a
fund to make a contribution or expenditure by utilizing money or any-
thing of value secured by physical force, job discrimination, financial
reprisals, or the threat of force, job discrimination, or financial
reprisal; or by dues, fees, or other monies required as a condition of
membership in a labor organization or as a condition of employment,
or by monies obtained in any commercial transaction.".
SEC. 206. Section 611 of title 18, United States Code, is amended to 62 Stat. 724.
read as follows:
"§ 611. Contributions by Government contractors
"Whoever-
"(n) entering into any contract with the United States or any
department or agency thereof either for the rendition of personal
services or furnishing any material, supplies, or equipment to the
United States or any department or agency thereof or for selling
any land or building to the United States or any department or
agency thereof, if payment for the performance of such contract
or payment for such material, supplies, equipment, land, or build-
ing is to be made in whole or in part from funds appropriated by
the Congress, at any time between the commencement of negotia-
tions for and the later of (1) the completion of performance
under, or (2) the termination of negotiations for, such contract or
furnishing of material, supplies, equipment, land or buildings,
directly or indirectly makes any contribution of money or other
thing of value, or promises expressly or impliedly to make any
such contribution, to any political party, committee, or candidate
for public office or to any person for any political purpose or
use; or
Pub. Law 92-225
- 8 -
86 STAT. 11
February 7, 1972
(b) knowingly solicits any such contribution from any such
person for any such purpose during any such period;
shall be fined not more than $5,000 or imprisoned not more than five
years, or both.".
SEC. 207. The table of sections for chapter 29 of title 18, United
States Code, is amended by-
(1) striking out the item relating to section 608 and inserting in
lieu thereof the following:
"WOR. Limitations on contributions and expenditures.";
(2) striking out the item relating to section 609 and inserting in
lieu thereof the following:
"000. Repealed.";
(3) striking out the item relating to section 611 and inserting in
lieu thereof the following:
"611. Contributions by Government contractors.".
TITLE II-DISCLOSURE OF FEDERAL CAMPAIGN
FUNDS
DEFINITIONS
SEC. 301. When used in this title-
(a) "election" means (1) a general, special, primary, or runoff
election, (2) a convention or caucus of a political party held to
nominate a candidate, (3) a primary election held for the selection
of delegates to a national nominating convention of a political
party, (4) a primary election held for the expression of a pref-
erence for the nomination of persons 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;
(b) "candidate" means an individual who seeks nomination for
election, or election, to Federal office, whether or not such individ-
ual is elected, 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 nomination 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;
(c) "Federal office" means the office of President or Vice Presi-
dent of the United States; or of Senator or Representative in, or
Delegate or Resident Commissioner to, the Congress of the United
States;
(d) "political committee" means any committee, association,
or organization which accepts contributions or makes expendi-
$1,000; tures during a calendar year in an aggregate amount exceeding
(e) "contribution" means-
(1) a gift, subscription, loan, advance, or deposit of
money or anything of value, made for the purpose of influ-
encing 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 expres-
February 7, 1972
- 9 -
Pub. Law 92-225
86 STAT. 12
sion of a preference for the nomination of persons for elec-
tion to the office of President, 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 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 serv-
ices of another person which are rendered to such candidate
or committee without charge for any such purpose; and
(5) notwithstanding the foregoing meanings of "contri- Exception.
bution", the word shall not be construed to include services
provided without compensation by individuals volunteering
a portion or all of their time on behalf of a candidate or
political committee;
(f) "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 elec-
tion, of any person 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 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 con-
vention 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;
(g) "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 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;
(h) "person" means an individual, partnership, committee,
association, corporation, labor organization, and any other orga-
nization or group of persons; and
(i) "State" means each State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, and any terri-
tory or possession of the United States.
ORGANIZATION OF POLITICAL COMMITTEES
SEC. 302. (a) Every political committee shall have a chairman and a
treasurer. 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 chairman or treasurer thereof. 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) 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
Pub. Law 92-225
- 10 -
February 7, 1972
86 STAT, 13
address (occupation and the principal place of business, if any) of the
person making such contribution, and the date on which received. 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.
Recordkeeping.
(c) It shall be the duty of the treasurer of a political committee to
keep a detailed and exact account of-
(1) all contributions made to or for such committee;
(2) the full name and mailing address (occupation and the
principal place of business, if any) of every person making a
contribution in excess of $10, and the date and amount thereof;
(3) all expenditures made by or on behalf of such committee;
and
(4) the full name and mailing address (occupation and the
principal place of business, if any) of every person to whom any
expenditure is made, the date and amount thereof and the name
and address of, and office sought by, each candidate on whose
behalf such expenditure was made.
Receipts,
(d) It shall be the duty of the treasurer to obtain and keep a
preservation.
receipted bill, stating the particulars, for every expenditure made by or
on behalf of a political committee in excess of $100 in amount, and for
any such expenditure in a lesser amount, if the aggregate amount of
such expenditures to the same person during a calendar year exceeds
$100. The treasurer shall preserve all receipted bills and accounts
required to be kept by this section for periods of time to be determined
by the supervisory officer.
Unauthorized
(e) Any political committee which solicits or receives contributions
activities,
or makes expenditures on behalf of any candidate that is not authorized
notice.
in writing by such candidate to do so shall include a notice on the face
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.
Funds solio-
(f) (1) Any political committee shall include on the face or front
itation, notice.
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 Superintendent of Docu-
ments, United States Government Printing Office, Washington, D.C.
20402.".
Annual report.
(2) (A) The supervisory officer 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
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-
(i) a copy of the statement of organization of the political
committee required under section 303. together with any amend-
ments thereto; and
(ii) a copy of each report filed by such committee under
section 304 from March 10 of the preceding year through
January 31 of 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 supervisory
officer.
February 7, 1972
- 11 -
Pub. Law 92-225
86 STAT. 14
REGISTRATION OF POLITICAL COMMITTEES; STATEMENTS
SEC. 303. (a) Each political committee which anticipates receiving
contributions or making expenditures during the calendar year in an
aggregate amount exceeding $1,000 shall file with the supervisory
officer a statement of organization, within ten days after its organiza-
tion or, if later, ten days after the date on which it has information
which causes the committee to anticipate it will receive contributions
or make expenditures in excess of $1,000. Each such committee in
existence at the date of enactment of this Act shall file a statement of
organization with the supervisory officer at such time as he prescribes.
(b) The statement of organization shall include-
(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 committee, 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;
(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 reposi-
tories used;
(10) a statement of the reports required to be filed by the com-
mittee 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 super-
visory officer.
(c) Any change in information previously submitted in a statement
of organization shall be reported to the supervisory officer within a
ten-day period following the change.
(d) Any committee which, after having filed one or more statements
of organization, disbands or determines it will no longer receive con-
tributions or make expenditures during the calendar year in an aggre-
gate amount exceeding $1,000 shall so notify the supervisory officer.
REPORTS BY POLITICAL COMMITTEES AND CANDIDATES
SEC. 304. (a) Each treasurer of a political committee supporting a Receipts and
candidate or candidates for election to Federal office, and each can-
didate for election to such office, shall file with the appropriate super-
expenditures.
visory officer reports of receipts and expenditures on forms to be
prescribed or approved by him. Such reports shall be filed on the tenth
day of March, June, and September, in each year, and on the fifteenth
and fifth days next preceding the date on which an election is held,
and also by the thirty-first day of January. Such reports shall be com-
plete as of such date as the supervisory officer may prescribe, which
Completion
shall not be less than five days before the date of filing, except that any
date, exception.
contribution of $5,000 or more received after the last report is filed
prior to the election shall be reported within forty-eight hours after
its receipt.
Pub. Law 92-225
- 12 -
February 7, 1972
86 STAT. 15
(b) Each report under this section shall disclose—
(1) the amount of cash on hand at the beginning of the report-
ing period;
(2) the full name and mailing address (occupation and the
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 events such as dinners,
luncheons, rallies, and similar fundraising events) within the
calendar year 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 paragragh (2)
(4) the name and address of each political committee or can-
didate from which the reporting committee or the candidate
received, or to which that committee or candidate made, any trans-
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
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 fundraising event; (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) ;
(8) the total sum of all receipts by or for such committee or
candidate during the reporting period;
(9) the full name and mailing address (occupation and the
principal place of business, if any) of each person to whom
expenditures have been made by such committee or on behalf of
such committee or candidate within the calendar year in an aggre-
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
office sought by, each candidate on whose behalf such expenditure
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
expenses 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 such committee or
candidate during the calendar year;
(12) the amount and nature of debts and obligations owed by
or to the committee, in such form as the supervisory officer may
prescribe and a continuous reporting of their debts and obligations
after the election at such periods as the supervisory officer may
require until such debts and obligations are extinguished and
(13) such other information as shall be required by the super-
visory officer.
(c) The reports required to be filed by subsection (a) shall be
cumulative during the calendar year to which they relate, but where
there has been no change in an item reported in a previous report
during such year, only the amount need be carried forward. If no
contributions or expenditures have been accepted or expended during
a calendar year, the treasurer of the political committee or candidate
shall file a statement to that effect.
February 7, 1972
- 13 -
Pub. Law 92-225
86 STAT. 16
REPORTS BY OTHERS THAN POLITICAL COMMITTEES
SEC. 305. Every person (other than a political committee or candi-
date) who makes contributions or expenditures, other than by con-
tribution to a political committee or candidate, in an aggregate amount
in excess of $100 within a calendar year shall file with the supervisory
officer a statement containing the information required by section 304.
Statements required by this section shall be filed on the dates on which
reports by political committees are filed, but need not be cumulative.
FORMAL REQUIREMENTS RESPECTING REPORTS AND STATEMENTS
SEC. 306. (a) A report or statement required by this title to be filed
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 admin-
ister oaths.
(b) A copy of a report or statement shall be preserved by the
person filing it for a period of time to be designated by the supervisory
officer in a published regulation.
(c) The supervisory officer may, by published regulation of general
Noncompliance
applicability, relieve any category of political committees of the obli-
relief.
gation to comply with section 304 if such committee (1) primarily
supports persons seeking State or local office, and does not substan-
tially support candidates, and (2) does not operate in more than one
State or on a statewide basis.
(d) The supervisory officer shall, by published regulations of gen-
Debts, pledges,
eral applicability, prescribe the manner in which contributions and
etc., separate
expenditures in the nature of debts and other contracts, agreements,
schedules.
and promises to make contributions or expenditures shall be reported.
Such regulations shall provide that they be reported in separate
schedules. In determining aggregate amounts of contributions and
expenditures, amounts reported as provided in such regulations shall
not be considered until actual payment is made.
REPORTS ON CONVENTION FINANCING
SEC. 307. Each committee or other organization which-
(1) represents a State, or a political subdivision thereof, or any
group of persons, in dealing with officials of a national political
party with respect to matters involving a convention held in such
State or political subdivision to nominate a candidate for the office
of President or Vice President, or
(2) represents a national political party in making arrange-
ments for the convention of such party held to nominate a candi-
date for the office of President or Vice President,
shall, within sixty days following the end of the convention (but not
later than twenty days prior to the date on which presidential and
vice-presidential electors are chosen), file with the Comptroller Gen-
eral of the United States a full and complete financial statement, in
such form and detail as he may prescribe, of the sources from which
it derived its funds, and the purposes for which such funds were
expended.
DUTIES OF THE SUPERVISORY OFFICER
SEC. 308. (a) It shall be the duty of the supervisory officer-
(1) to develop and furnish to the person required by the pro-
visions of this Act prescribed forms for the making of the reports
and statements required to be filed with him under this title;
(2) to prepare, publish, and furnish to the person required to
Pub. Law 92-225
- 14 -
February 7, 1972
86 STAT. 17
file such reports and statements a manual setting forth recom-
mended uniform methods of bookkeeping and reporting;
(3) to develop a filing, coding, and cross-indexing system con-
sonant with the purposes of this title;
Public
(4) to make the reports and statements filed with him available
inspection.
for public inspection and copying, commencing as soon as prac-
ticable but not later than the end of the second day following the
day during which it was received, and to permit copying of any
such report or statement by hand or by duplicating machine, as
requested by any person, at the expense of such person: Provided,
That any information copied from such reports and statements
shall not be sold or utilized by any person for the purpose of
soliciting contributions or for any commercial purpose;
Preservation.
(5) 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;
(6) to compile and maintain a current list of all statements or
parts of statements pertaining to each candidate;
Annual report.
(7) to prepare and publish an annual report including compila-
tions 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;
(C) total amounts expended for influencing nominations 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) to prepare and publish from time to time special reports
comparing the various totals and categories of contributions and
expenditures made with respect to preceding elections;
(9) to prepare and publish such other reports as he may deem
appropriate;
Information
(10) to assure wide dissemination of statistics, summaries, and
dissemination.
reports prepared under this title;
(11) to make from time to time audits and field investigations
with respect to reports and statements filed under the provisions
of this title, and with respect to alleged failures to file any report
or statement required under the provisions of this title;
(12) to report apparent violations of law to the appropriate
law enforcement authorities; and
Rules and
(13) to prescribe suitable rules and regulations to carry out
regulations.
the provisions of this title.
(b) The supervisory officer shall encourage, and cooperate 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 the State requirements.
Comptroller
(c) It shall be the duty of the Comptroller General to serve as a
General,
national clearinghouse for information in respect to the adminis-
information
tration of elections. In carrying out his duties under this subsection,
and studies.
the Comptroller General shall enter into contracts for the purpose of
conducting independent studies of the administration of elections.
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;
DEPARTMENT
LIBRARY
February 7, 1972
- 15 -
Pub. Law 92-225
86 STAT. 18
(2) practices relating to the registration of voters; and
(3) voting and counting methods.
Studies made under this subsection shall be published by the Comp-
Publication.
troller General and copies thereof shall be made available to the
general public upon the payment of the cost thereof. Nothing in this
subsection shall be construed to authorize the Comptroller General
to require the inclusion of any comment or recommendation of the
Comptroller General in any such study.
(d) (1) Any person who believes a violation of this title has
Violation.
occurred may file a complaint with the supervisory officer. If the super-
visory officer determines there is substantial reason to believe such a
violation has occurred, he shall expeditiously make an investigation,
which shall also include an investigation of reports and statements
filed by the complainant if he is a candidate, of the matter complained
of. Whenever in the judgment of the supervisory officer, after afford-
Hearing
ing due notice and an opportunity for a hearing, any person has
opportunity;
engaged or is about to engage in any acts or practices which constitute
injunction.
or will constitute a violation of any provision of this title or any regu-
lation or order issued thereunder, the Attorney General on behalf of
the United States shall institute a civil action for relief, including a
permanent or temporary injunction, restraining order, or any other
appropriate order in the district court of the United States for 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 in such acts or practices, a permanent or temporary injunction,
restraining order, or other order shall be granted without bond by
such court.
(2) In any action brought under paragraph (1) of this subsection,
subpenas for witnesses who are required to attend a United States dis-
trict court may run into any other district.
(3) Any party aggrieved by an order granted under paragraph (1) Judicial
is subsection may, at any time within sixty days after the date of
review.
entry thereof, file a petition with the United States court of appeals
for the circuit in which such person is found, resides, or transacts busi-
ness, for judicial review of such order.
(4) The judgment of the court of appeals affirming or setting aside,
in whole or in part, any such order of the district court shall be final,
subject to review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of title 28, United
States Code.
62 Stat. 928.
(5) Any action brought under this subsection shall be advanced on
the docket of the court in which filed, and put ahead of all other
actions (other than other actions brought under this subsection).
STATEMENTS FILED WITH STATE OFFICERS
SEC. 309. (a) A copy of each statement required to be filed with a
supervisory officer by this title shall be filed with the Secretary of State
(or, if there is no office of Secretary of State, the equivalent State
officer) of the appropriate State. For purposes of this subsection, the
term "appropriate State" means-
"Appropriate
(1) for reports relating to expenditures and contributions in
State."
connection with the campaign for nomination for election, or elec-
tion, of a candidate to the office of President or Vice President of
the United States, each State in which an expenditure is made
by him or on his behalf, and
(2) for reports relating to expenditures and contributions in
connection with the campaign for nomination for election, or elec-
tion, of a candidate to the office of Senator or Representative in,
Pub. Law 92-225
- 16 -
February 7, 1972
86 STAT. 19
or Delegate or Resident Commissioner to, the Congress of the
United States, the State in which he seeks election.
State officer,
(b) It shall be the duty of the Secretary of State, or the equivalent
duties.
State officer, under subsection (a)-
(1) to receive and maintain in an orderly manner all reports
and statements required by this title to be filed with him;
(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.
PROHIBITION OF CONTRIBUTIONS IN NAME OF ANOTHER
SEC. 310. No person shall make a contribution in the name of another
person, and no person shall knowingly accept a contribution made by
one person in the name of another person.
PENALTY FOR VIOLATIONS
SEC. 311. (a) Any person who violates any of the provisions of this
title shall be fined not more than $1,000 or imprisoned not more than
one year, or both.
(b) In case of any conviction under this title, where the punishment
inflicted does not include imprisonment, such conviction shall be
deemed a misdemeanor conviction only.
TITLE IV-GENERAL PROVISIONS
EXTENSION OF CREDIT BY REGULATED INDUSTRIES
SEC. 401. The Civil Aeronautics Board, the Federal Communica-
tions Commission, and the Interstate Commerce Commission shall each
promulgate, within ninety days after the date of enactment of this
Act, its own regulations with respect to the extension of credit, with-
out security, by any person regulated by such Board or Commission
to any candidate for Federal office (as such term is defined in section
Ante, p. 11.
301 (c) of the Federal Election Campaign Act of 1971), or to any per-
son on behalf of such a candidate, for goods furnished or services
rendered in connection with the campaign of such candidate for
nomination for election, or election, to such office.
PROHIBITION AGAINST USE OF CERTAIN FEDERAL FUNDS FOR ELECTION
ACTIVITIES
SEC. 402. No part of any funds appropriated to carry out the Eco-
78 Stat. 508.
nomic Opportunity Act of 1964 shall be used to finance, directly or
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 an 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-
February 7, 1972
- 17 -
Pub. Law 92-225
86 STAT. 20
eral Election Campaign Act of 1971, and the term "Federal office" "Federal
has the same meaning given such term by section 301 (c) of such Act. office."
Ante, p. 11.
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 circumstances shall not be affected thereby.
REPEALING CLAUSE
SEC. 405. The Federal Corrupt Practices Act, 1925 (2 U.S.C. 241-
256), is repealed.
43 Stat. 1070.
EFFECTIVE DATE
SEC. 406. Except as provided for in section 401 of this Act, the
provisions of this Act shall become effective on December 31, 1971,
or sixty days after the date of enactment of this Act, whichever is
later.
Approved February 7, 1972.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 92-564 accompanying H.R. 11060 (Comm. on
House Administration) and No. 92-752 (Comm. of
Conference).
SENATE REPORTS: No. 92-96 (Comm. on Commerce), No. 92-229 (Comm. on
Rules and Administration) and No. 92-580 (Comm. of
Conference).
CONGRESSIONAL RECORD:
Vol. 117 (1971): July 21, 23, Aug. 2-5, considered and passed Senate.
Nov. 18, 29, 30, considered and passed House,
amended, in lieu of H.R. 11060.
Dec. 14, Senate agreed to conference report.
Vol. 118 (1972): Jan. 19, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 8, No. 7:
Feb. 7, Presidential statement.
THE WHITE HOUSE
WASHINGTON
Nov. 19, 1974
TO:
DUDLEY CHAPMAN
FROM: JACK STILES
Ext. 2364
SEAL B. FORD
DEMOCRATIC CANDIDATES
FOR NOMINATION
September 10, 1974
GAO Report
WALLACE
NTSEN
JACKSON
MONDALE
SANFORD
LIBRARY
FORD i
STATE
COMPTROLLER GENERAL OF THE UNITED STATES
U.S. GENERAL ACCOUNTING OFFICE
Washington, D.C.
DM0000 HC
5083174
012
REPORT OF RECEIPTS AND EXPENDITURES
45 07
FOR A
U
COMMITTEE
ORTING ANY CANDIDATE(S) FOR NOMINATION OR ELECTION TO THE OFFICE OF
PRESIDENT OR VICE PRESIDENT OF THE UNITED STATES
Identification Number
JACKSON PLANNING COMMITTEE
(Full Name of Committee)
DM 000 0HC
511 Second Street, N.E.
(Street)
State (If Frimary, Convention, or Caucus)
Washington, D.C. 20002
(City, State, ZIP code)
TYPE OF REPORT
(Check Appropriate Box and Complete, if Applicable)
March 10 report.
June 10 report.
September 10 report.
January 31 report.
Fifteenth day report preceding
election on
(Primary, general, caucus, or convention)
(Date)
Fifth day report preceding
election on
(Primary, general, caucus, or convention)
(Date)
Termination report.
VERIFICATION BY OATH OR AFFIRMATION
State of Virginia
GEARTO R. FORD LIBRARY
SS.
County of Fuirfax
Walter T. Skallerup, Jr.,
, being duly sworn, depose (affirm) and say
(Full Name of Treasurer of Committee)
that this Report of Receipts and Expenditures is complete, true, and correct.
(Signature of Treasurer of Committee)
ribed and sworn to (affirmed) before me this
; i
day of
A.D.
19
/
(Notary Public)
My commission expires
My Commission Expires October 4, 1977,
RETURN COMPLETED REPORT AND ATTACHMENTS TO:
Office of Federal Elections
U.S. General Accounting Office
411 G Street, N.W.
Washington, D.C. 20518
THE WHITE HOUSE
WASHINGTON
November 25, 1974
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
DUDLEY CHAPMAN
we
SUBJECT:
Registration of the President's
Candidacy for 1976
I. Legal Requirements. Under both the 1971 Act and the 1974
Amendments, the President does not become a candidate within
the meaning of the law until he either: (a) qualifies under the law of
a state for nomination or election, (b) receives contributions or
makes expenditures to further his candidacy, or (c) gives his
consent to any other person to receive contributions or make
expenditures. (Sec. 301 (b)). None of these appears to have
occurred insofar as I am aware.
There thus appears to be no present requirement that the
President register, even though he has declared his firm intention
to run.
To register now, a political committee would have to be
appointed with authority to receive contributions and make expenditures.
This would mean at least $1,000 of either contributions or
expenditures during what remains of calendar year 1974. Alternatively,
registration could be postponed until after January 1, 1975 when the
1974 Amendments take effect. The requirements are essentially the
same, except that a "principal campaign committee" would have to
be designated. P. L. 93-443, Sec. 202 (a)) At that time, the
administration of the Act will shift from GAO to the new commission.
II. Advantages of Registering Now. The advantages of
registering now or as soon as the new law takes effect are:
GERALD R. FORD LIBRARY
2
(1) Avoidance of criticism for non-registration, in contrast
to those candidates which have done so. (the technical reasons for
not registering may not impress the public); and
(2) Lending credibility to the firmness of the President's
decision to run.
III. Disadvantages of Registering Now. The disadvantages of
such an early registration lie in the political connotation it would
cast upon all the President's actions. The cost of travel for speech-
making, for example, could be criticized as a political use of
appropriated funds.
A potentially more practical problem is the question of White
House use of RNC funds for certain quasi-political activities. If
the President is a registered candidate he could be criticized by
Republicans on the ground that he is using these funds to further his
own candidacy.
If he is not registered, the President can take the position that
all his actions are official except for those which may be properly
charged to the party as in furtherance of party objectives. If this
course is followed, some public explanation should be made (or kept
ready for response to press inquiries). The announcement should
state that --
(1) The President's official candidacy will not begin until
sometime after January 1, 1976; and
(2) In the meantime, he will accept no contributions toward his
candidacy.
BERRIED R. FORD LIBRARY
2-22
February 13, 1975
MEMORANDUM FOR:
PHILIP BUCHEN
DONALD LOWITZ
I noticed the attached clipping that pointed out that President Ford
is the only "announced or unannounced candidate for President" who
did not file am accounting for his campaign contributions for 1974
by the January 31 deadline. Could I have a report on what the
law is and whether or not we legally should have filed. I would
like to have some comments on whether or not we ought to file
regardless of whether It is exactly clear legally that we should
have. It may be from a political standpoint that it would be
smart to file.
Why don't you give me some clue as to what is supposed to be
filed -- what kind of information -- who is supposed to file it,
where and when.
Thank you.
$1
DONALD RUMSFELD
Attachment
GERALD F FORD
bar
Monday 3/3/75
10:25 Barbara in Mr. Rumsfeld's office called to
ask if we had responded to the memo of 2/13
to you and Donald Lowitz from Don Rumsfeld
re whether or not the President should have
filed prior to the January 31 deadline.
I hadn't remembered it -- so attached is
a copy I picked up.
1.
FORD
LIBRARY
Political
March 3, 1975
MEMORANDUM FOR:
DONALD RUMSPELD
FROM:
PHILIP BUCHEN
SUBJECT:
Reporting Requirements of a
Candidate for Presidency under
Federal Election Laws
Today our office received a duplicate of a February 13
memo addressed jointly to Donald Lowitz and me on the
above subject. Apparently, we never received the original
of this memo and upon calling Lowitz I find that he did
not receive his copy.
I can now report, however, that as a result of an earlier
discussion in the Oval Office, when I believe you were
present, we came to the conclusion that it was not neces-
sary or appropriate for the President presently to form
and register a political committee for the purpose of
receiving contributions or making expenditures to fund
his candidacy in 1976. Also, we subsequently analyzed
the effect of having the R.N.C. continue to support
certain activities of the President in the interest of
the Republican party as a whole and concluded that the
reporting requirements under Federal Election Law then
applied only to the R.N.C. and called for no separate
reporting in behalf of the President.
The results of our previous research as to legal issues
will be incorporated in a definitive memo for your infor-
mation but I have indicated to Donald Lowitz that we will
week. await submitting it until he returns to Washington next
CC: Donald Lowitz
bcc: Dudley Chapman
SEAL R. ford LIBRARY
Pending
Monday 3/3/75
10:25
Barbara in Mr. Rumsfeld's office called to
ask if we had responded to the memo of 2/13
to you and Donald Lowitz from Don Rumsfeld
re whether or not the President should have
filed prior to the January 31 deadline.
I hadn't remembered it -- so attached is
a copy I picked up.
FORD TIBRARY
2-22
February 13, 1975
MEMORANDUM FOR:
PHILIP BUCHEN
DONALD LOWITZ
I noticed the attached clipping that polated out that President Ford
is the only "announced or unannounced candidate for President" who
did not file an accounting for his campaign contributions for 1974
by the January 31 deadline. Could I have n report on what the
law is and whether or not we legally should have filed. I would
like to have some comments on whether or not we ought to file
regardless of whether It is exactly clear legally that we should
have. It may be from a political standpoint that it would be
smart to file.
Why don't you give me some clue as to what is supposed to be
filed -- what kind of information -- who is supposed to file it,
where and when.
Thank you,
$1
DONALD RUMSFELD
Attachment
GEDALE R. FORD INDRAN
bar
Monday 3/10/75
Meeting
3/12/75
1:30 p.m.
12:00
I see you have Don Lowitz scheduled for 1:30 p.m.
on Wednesday 3/12.
Is that for lunch?
should bo invited to
No, but Lazarus
aftend and advised
that it requirements of
will be on the
4 filings in 1976 of Pres. P.
FORDS & LIBRARY
EDITORIALS/COMMENTS ON RECENT NEWS
March 12, 1975
FROM WEDNESDAY'S PAPERS
John Herbers, New York Times, Washington: President Ford,
who has tried to build a reputation for candor and forthright-
ness, appears to be facing his first major credibility problem
since he assumed office seven months ago. The problem has
arisen because members of his administration have been giving
in private a more pessimistic assessment of the situationsin
Cambodia than Mr. Ford's public assessment.
Loye Miller, Jr., Knight News Service, Concord, N.H.: There
is a time bomb ticking under President Ford's reelection pros-
pects here in snow-covered New Hampshire. Although it will be
a whole year until the state holds the first of the 1976 presi-
dential primary elections, Republican Gov. Meldrim Thomson's
already announced that he is fed up with the Ford Administration
policies. Thomson
says that he plans to support former Gov.
Ronald Reagan
In a more normal situation, that wouldn't make
much difference
But both Ford and New Hampshire are special
cases; Ford becuase he has never stood for election to the
White House before and currently has shaky poll ratings,
New Hampshire because its cranky electorate has felled political
giants before. President Lyndon Johnson's poor showing against»
Sen. Eugene McCarthy
left Johnson so battered that within a
few weeks he decided not to seek reelection. Ford could be
similarly vulnerable
EDITORIALS
Philadelphia Inquirer, "CIA Assassination Charges Must be
Thoroughly Probed. "
The allegations are not new, really.
It is the nature of international political activities, and of
the deeply popular fantasies that have flourished around them
from ancient Greek dramas through James Bond and beyond, that
the most sinister implications are beguiling. But the allega-
tions have taken on new intensity lately, largely as a result
of justified public concern about the management of the Central
Intelligence Agency. President Ford and a number of members of
the Senate committee have been reported to be privately con
cerned about the damage disclosure of alarming activities by-
the CIA might do to America's national image and public confi-
dence. Far more damaging, we believe, would be that damage
that could be done by the disclosure>
that neither the
American intelligence community nor its congressional overseers
had been willing or able to face the truth head on.
----
GERAL FORD VIBRARY
THE WHITE HOUSE
WASHINGTON
March 17, 1975
Don:
The attached is follow-up of my memorandum
to you of March 3.
Don Lowitz agrees that this is a matter
which should be pursued further only by
persons outside the White House.
Phil
Attachment
FORD LIBRARY
THE WHITE HOUSE
WASHINGTON
March 14, 1975
MEMORANDUM FOR:
DON RUMSFELD
THROUGH:
PHIL BUCHEN
FROM:
DUDLEY CHAPMAN DC
SUBJECT:
Registration of the President's
Candidacy
1. Legal requirements. The President has not registered under the
1971 Act or the 1974 Amendments and there is no requirement that
he do so. The President does not become a candidate within the
meaning of the law until he either (a) qualifies under the law of a
state for nomination or election, (b) receives contributions or makes
expenditures of $1,000 or more to further his candidacy, or (c) gives
his consent to any other person to receive contributions or make
expenditures. taken. (Sec. 301(b))*/ None of these steps have yet been
2. Timing of registration. The President could at any time become
a candidate and register by appointing a Committee with the powers
described above. The disadvantage of doing this any sooner than
necessary is the political connotation that it would cast upon all of
the President's actions. The cost of travel for speech making, for
example, could be criticized as a political use of appropriated funds.
The White House use of RNC funds for certain quasi political
activities could also be criticized on the ground that he is using
party funds to further his own candidacy. By remaining unregistered,
the President can take the position that all his actions are official
except for those which may be properly charged to the party as in
furtherance of party objectives.
/ Section numbers refer to the 1971 Act, as amended in 1974
SEAL FORD LIBRARY
-2-
3. Requirements effective on registration. When he begins his
formal candidacy, the President must designate a "Principal
Campaign Committee", which may, if he chooses, be his party's
National Committee. (Sec. 302(f)(1)) There may be in addition any
number of political committees, each of which must have a Chairman
and Treasurer. (Sec. 302(a)) All persons who receive contributions
or make expenditures of $1,000 or more of political funds must be
members of a committee. (Sec. 301(d)) Extensive reports on
organization and financing are required. (Secs. 303, 304, 305,
306, 307) All Committees other than the Principal Committee make
their reports to the Principal Campaign Committee which in turn
files with the Federal Election Commission. (Sec. 302(f)(3))
Statements must also be filed with State officers in every State.
(Sec. 317) Each candidate must designate one or more banks as
campaign depositories, the use of which is mandatory for both
deposits and expenditures of political funds. (Sec. 309)
4. Interim enforcement. Until the Federal Election Commission
is activated, the GAO continues as the enforcement agency. (Sec. 315(c))
GERALD R. FORD LIBRARY
Thursday 5/22/75
3:50 Governor Scranton stopped. by.
He said to tell you to get Michigan organized for
the campaign next year. They have Pennsylvania.
The two key states are Michigan and California.
They want to be sure we have Michigan organized
and we'll work toward California and Gov. Reagan.
Said to give you his very best!!
STATE & THE LIBRARY
Some items in this folder were not digitized because it contains copyrighted
materials. Please contact the Gerald R. Ford Presidential Library for access to
these materials.
Ford's '76 Unit [Vune 1975
Campaign Team
Selections Near
By Fred Barnes
THOUGH SOME conservative
Washington Star Staff Writer
Republicans have complained about
President Ford's political
Ford's alleged liberal tendencies,
trategists are making plans to
Burch said that "if I'm any indica-
juickly enlist top Republican leaders
tion, and if my conservative friends
around the country in Ford's election
are indications, President Ford
campaign in 1976.
stands very well with these people."
The six men picked by the Presi<
Burch, who was Republican na-
LIBRARY
FORD
STATE
Monday, June 9, 1975 5A
THE NEWS AMERICAN
Baroody Starts Bandwagon Rolling For Ford
WASHINGTON - (UPI)
administration" eager
To sell Ford and his, poli-
These sessions, originally
about the decline in car
There has been some criti-
William J. Baroody Jr. is
used politically and not nec-
know what people are think-
cles to the public, Baroody
held only in the morning,
sales.
cism that the audiences have
directing a sophisticated, lit-
essarily being 'supportive' of
ing so it can respond better
has arranged field confer-
have proved so popular they
Others are arranged sim-
lacked fair numbers of the
tle-publicized campaign to
to their needs.
the Republican Party ei-
ences" with local sponsor-
have spilled over into the aft-
ply to let Ford talk privately
build a national political
poor and unorganized ele-
ther.'
"I don't like the term sell-
ship in eight cities, usually
ernoon to meet the demand.
with representatives of a mi-
power base for President
ments of society. Baroody
ing,' he said in an interview.
Baroody prefers to stay
where the President was
Ford, who didn't have one
More exclusive, and equal-
nority group or, say, a trade
responds that free tickets are
out of the White House lime-
"But sure, that's what it is -
previously scheduled to ap-
when he: entered the White
ly private, are the
association with problems,
given to those who cannot
light, and his precise official
we're trying to convince peo-
pear
Presidental
THE WHITE HOUSE
Campaign
WASHINGTON
June 16, 1975
MEMORANDUM FOR:
Gwen Anderson
FROM:
Philip Buchen P.W.B
Attached is a copy of a letter from
Frank E. Thompson, which I have re-
ferred to Eliska Hasek for possible
preparation of a Presidential letter.
For your information, I would like to
call your attention to the first para-
graph of Mr. Thompson's letter.
Attachment
FORDO & LIBRARY
THE WHITE HOUSE
WASHINGTON
June 16, 1975
MEMORANDUM FOR:
Eliska Hasek
FROM:
Philip Buchen P.W.B
I am attaching a letter from Frank E.
Thompson requesting a letter from the
President to be read at the testimonial
dinner on June 20th for Chief Reginald W.
Cooley of Santa Barbara, California.
Attachments
SERVICE FORD LIBRARY
California Conservation Association
2800 STATE STREET. SANTA BARBARA. CALIFORNIA 93105
FRANK E. THOMPSON, PRESIDENT
June 10, 1975
Mr. Philip Buchen
Chartered 1928
Councel to the President
The White House
Washington, D. C.
Phil:
Many encouraging programs are evolving that will benefit
the President and the Party in next year's election. I
have more to write you shortly on the Evelle Younger situ-
ation. Virginia and I have been active in his campaigns
and he is presently carrying the ball for the President.
The attached letter from Alfred Trembly, Chief of Police
of Santa Barbara, is self-explanatory. Chief Reginald W.
Cooley is a staunch Republican, a longtime supporter of
Evelle Younger and has been an outstanding citizen of
California.
It would be nice if we could secure a letter from the
President, as requested by Chief Trembly, that could be
read at a testimonial dinner being held for Chief Reginald
W. Cooley on Friday evening, June 20th, at the Miramar
Hotel in Santa Barbara. Six hundred seventy-five responses
have been received from law enforcement officials and pro-
minent citizens throughout California. This is the same
auditorium where I introduced Jerry to a Lincoln Day
crowd in 1964.
I will personally appreciate anything that can be done
on this.
Best to the family and kindest regards.
FRAUC Frank E. Thompson Thoughas
Encl. various
GENALD R. FORD LIBRARY
OF
OF THE CITYO SANTA BARRARA /
City of Santa Barbara
CALIFORNIA
California
A. W. TREMBLY
POLICE DEPARTMENT
CHIEF OF POLICE
YOUR REFERENCE
215 EAST FIGUEROA
MAIL: P.O. BOX 539
IN REPLY REFER
TO OUR CASE No.
SANTA BARBARA
5 June 1975
93102
Frank Thompson
2800 State Street
Santa Barbara, CA 93105
Dear Frank:
As you know, our dear friend Chief Reginald W. Cooley retired
from the Santa Barbara Police Department on 2 June 1975
after thirty-eight years and eight months of service to his
community and the country. I think it would be entirely
appropriate if you could prevail upon the President of the
United States to send Chief Cooley a letter of commendation
for his exceptional service.
Attached is a City Council Resolution that delineates his
achievements in a life-long contribution to humanity. In
addition, Chief Cooley served in the United States Army in
the European Theater during World War II in the 12th Armored
Division and was honorably discharged.
Yours truly,
ALFRED W. TREMBLY
Chief of Police
AWT:jba
SERVICE R. FORD LIBRARY
1
RESOLUTION NO. 8077
2
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SANTA BARBARA HONORING
3
REGINALD W. COOLEY ON THE OCCASION
OF HIS RETIREMENT FROM SERVICE WITH
4
THE CITY OF SANTA BARBARA
5
WHEREAS, Reginald W. Cooley has been an employee of the
6
Santa Barbara Police Department for a continuous period of
7
thirty-eight years and eight months; and
8
WHEREAS, Reginald W. Cooley has served in every rank of
9
service in the Police Department and during said years of service
10
has devoted over one-third of a million hours of his life to his
11
City and his profession and has done so with an outstanding
12
attendance record of negligible lost time and by such years of
13
service and hours of duty, has served the City of Santa Barbara
14
longer than any other employee; and
15
WHEREAS, Reginald W. Cooley has served as Chief of the
16
Police Department from 1953 to 1959, and has also served as
17
Acting Chief on four different occasions and Assistant Chief on
18
five different occasions; and
19
WHEREAS, Chief Cooley has continually improved his
20
personal and professional capabilities including graduating with
21
highest honors from the FBI National Academy and the Northwest
22
Traffic Institute; and
23
WHEREAS, Chief Cooley has been vitally concerned with
24
the development of modern law enforcement techniques and procedures
25
within the Santa Barbara Police Department for many years; and
26
WHEREAS, Chief Cooley's career has been the epitome of
27
personal integrity, the utmost personal dedication to his City
28
1.
FORD
and his profession of law enforcement; and
ERAIL
LIBRAR
1
WHEREAS, such length of service and personal perfor-
2
mance serves as an outstanding example and source of inspiration
3
not only to his colleagues in the Police Department but to all
4
other City employees and citizens of Santa Barbara; and
5
WHEREAS, the City Council of the City of Santa Barbara
6
desires to acknowledge Chief Cooley's unique and valuable con-
7
tribution to both the welfare and history of our City,
8
NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE
9
CITY OF SANTA BARBARA does hereby on behalf of the citizens of
10
the City of Santa Barbara officially commend and recognize
11
Chief Reginald W. Cooley for his outstanding service to the
12
citizens of this City, and
13
BE IT FURTHER RESOLVED that the City Council extends
14
to Chief Reginald W. Cooley on the occasion of this, his retire-
15
ment from public service, best wishes for an active and satisfying
16
retirement and continuation of his good health and disposition.
17
18
19
Adopted June 3, 1975
20
21
22
23
BEFORE R. FORD LIBRARY
24
25
26
27
28
I, JOYCE SNIDER, City Clerk in and for the City of Santa
Barbara, California, do hereby certify that the foregoing
Resolution No. 8077 was adopted by the City Council at the
meeting held
June 3, 1975
, 9:00 A.M., by the following
vote on roll call:
AYES:
COUNCILMEMBERS:
G. Chavalas
L. Martinez
Mayor D. Shiffman
S. Eyman
L. Schatz
S. Lodge
N. Utterback
NAYS:
COUNCILMEMBERS:
none
ABSENT: COUNCILMEMBERS:
none
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Santa Barbara this 3rd
day of
June, 1975
.
City Jay ore Clerk of Sinker Said City
I HEREBY APPROVE this Resolution this
3rd
day
June, 1975
.
LIBRAZY BERACH Total
Mayor of Said City
Presidential
campaign
Santa Cruz, California 95060,
17 June, 1975
The Honorable Phil Buchen,
the White House,
Washington, D.C. 20500
Dear Mr. Buchen:-
This is a reply to President Ford's
announcement that he has chosen vice-President
Nelson A. Rockefeller as his running mate in
the 1976 Presidential elections.
We Republicans of Northern California
under no circumstances, will accept Nelson A.
Rockefeller as the vice-President of the United
States.
President Ford cannot win the 1976
general election unless the State of California
votes for him.
We will never vote for President Ford
with Nelson A. Rockefeller as his running mate,
in fact, we will support the Democratic ticket
to prevent California going to President Ford.
Our decision is final.
Respectfully FJ.R
John J. Reed for the
Republican Party of
Northern California,
Santa Cruz branch.
GERALD et R. FORD LIBRARY
Presidential
campaign
Santa Cruz, California 95060,
17 June, 1975
The Honorable Phil Buchen,
the White House,
Washington, D.C. 20500
Dear Mr. Buchen:-
This is a reply to President Ford's
announcement that he has chosen vice-President
Nelson A. Rockefeller as his running mate in
the 1976 Presidential elections.
We Republicans of Northern California
under no circumstances, will accept Nelson A.
Rockefeller as the vice-President of the United
States.
President Ford cannot win the 1976
general election unless the State of California
votes for him.
We will never vote for President Ford
with Nelson A. Rockefeller as his running mate,
in fact, we will support the Democratic ticket
to prevent California going to President Ford.
Our decision is final.
Respectfully
John JJP J. Reed for the
Republican Party of
Northern California,
Santa Cruz branch.
GERALD R. FORD LIBRARY
fed'l
THE WHITE HOUSE
WASHINGTON
campaign Elec.Law
June 27, 1975
MEMORANDUM TO:
ROBERT T. HARTMANN
FROM:
JACK CALKINS V
You will remember the vitriolic anti-Ford quarter-page ad which
appeared in the Washington Post of Monday, June 23, a copy of
which I previously gave you. Maureen Drummy of Rep. Bill Steiger's
office informs me that their office made inquiry of the Washington
Post and ascertained that the cost of the ad to Mr. Lemon was
$2,368. Thus, there is a strong possibility that Mr. Lemon has
violated the Federal Election Campaign Act by his expenditure in
excess of $1,000. The spending limitation per individual is gen-
erally thought of to be an inhibitor of larger contributions in behalf
of a particular candidate's efforts but would likely apply also in
expenditures aimed at trying to stop the nomination or election of
another candidate.
Miss Drummy believes that the Federal Elections Commission is
unlikely to rule on this issue unless pushed to do so, but it is some-
thing which we should keep in mind.
CC: Philip Buchen
SEAL R. FORD LIBRARY
plactrities
OFFICE OF THE VICE president
WASHINGTON
July 2, 1975
MEMORANDUM TO:
Philip Buchen
Rod Hills
FROM:
Peter J. Wallison
SUBJECT:
Ripon Society, et al. V. Republican National
Committee: A Challenge by the Ripon Society to
the Constitutionality of the Delegate Apportion-
ment Formula for the 1976 Republican National
Convention
As you may be aware, on March 5, 1975, the United States Court of
Appeals for the District of Columbia entered a 2 to 1 decision, with
an opinion by Chief Judge Bazelon which declared among other things that
the formula for the allocation of delegates to the 1976 Republican
Convention is unconstitutional. Simultaneously, the Court vacated the
decision and ordered the case reargued before all Judges of the Court.
Reargument occurred on May 16, 1975, and a decision of the full
Court may be expected at any time.
If the full Court adopts the March 5 decision, which I believe
likely, it will require the Party to apportion delegates to the 1976
and later Conventions on a basis which insures that deviations in the
representation accorded Republicans of every State, when measured by
both population and party voting strength, do not exceed the deviations
reflected in the apportionment of Electors in the Electoral College.
Even if the full Court does not go so far as to mandate this
standard it is very likely to hold at least that the victory bonus
arrangement in the formula is unconstitutional. In either event, the
large industrial States will be the beneficiaries of the ruling and
the smaller States' representation at the 1976 Convention will be pro-
portionately reduced. Thus, assuming any determination by the Court that
the 1976 formula is unconstitutional, the President's position at the 1976
Convention will be improved.
This means that the RNC, if it appeals to the Supreme Court, will
be taking a position adverse to that of the President; it also means
that if the RNC is eventually compelled by Court order to modify the 1976
formula the formula it ultimately chooses will carry a great deal of
political freight and will quickly become a controversial issue within
the Party.
LIBE
-2-
This is illustrated by the attached charts which I prepared a few
years ago. The relative strengths of the States and regions at the
1976 Convention under the existing formula are shown in Formula B; eight
other formulas (C through J on the attachment) demonstrate the degree to
which representation of the States at the 1976 Convention can be affected
by other allocation arrangements.
The allocation of delegates under Rule 30 adopted by the 1972
Convention, here referred to as the 1976 formula, is shown on Exhibit A
attached. 1,605 delegates are apportioned on a basis which gives each
state a basic delegation of three delegates for each Electoral College
vote. Neither Ripon nor the Court questioned this part of the formula.
In addition, the formula apportions 607 delegates on the basis of two
types of "victory bonus A series of "uniform" victory bonuses would
give each state regardless of size up to nine additional delegates for
carrying for Republican candidates for President, Governor, Senator or a
majority of the state's House delegation. A "proportional" victory bonus
would increase by 20% the basic delegation of each state which casts its
Electoral College votes for Richard Nixon in 1972.
Significant rulings by the Court include the following:
1. The apportionment of delegates to a national convention of
a major political party is not an internal party matter, and
that the "courts may intervene into the affairs of major,
national political parties to ensure that delegates to their
conventions are apportioned fairly
"
2. The "victory bonus" concept, used by the Republican
Party for more than 25 years, is unconstitutional in toto II
3. The victory bonus formula would create disparities in the
representation afforded Republicans of different states which
vastly exceed the disparities reflected in the Electoral
College. At the present time, there are disparities of up to
4.4 to 1 in the population represented by members of the
Electoral College from different states. The Court concluded
that "victory bonuses" as used in the 1976 formula would
create deviations of more than 11 to 1 in the number of 1972
Republican Presidential votes that would be represented by
delegates from different states, and more than 7.4 to 1 in the
population that would be represented by delegates from
different states.
4. The Circuit Court's decision included the following
language:
GREATE R. FORD LIBRARY
-3-
"any legitimately justified deviations from the one
person-one vote standard must be reasonably tailored
to the justification offered
Such a principle is
merely a reflection of the increasing tendency to
eschew reliance on fictional asserted justifications
or purposes in favor of a more searching inquiry into
the true purpose
"The purpose of the victory bonus, both uniform
and proportional, as set forth by the defendants is not
based on an approximation of party strength but rather
on ideological considerations."
"A subsidiary justification offered by the defendants
and considered by the District Court is that the victory
bonus is designed to spur party effort by promising the
reward of a greater 'say' in party affairs. This
justification seems wholely irrational since it does
nothing to reward exceptional party effort in a heavily
Democratic state which almost produces a Republican
victory while 'rewarding' a sub-par effort in a heavily
Republican state
the justification of spurring party
effort seems mostly a cover for an allocation based on
ideological concerns. The real spur to party effort is
the implicit recognition that the party orders its
political process in a way that accentuates the power
of certain territorial interests and thereby is a self-
fulfilled prophesy that the right people are being
rewarded.'
***
"The right to an equal vote is the starting place
for battle over the proper weight to be given economic,
social, historical and ideological interests in the legis-
lative process; the right to vote is not merely another
arena in which those various interests may assert their
power. The right to an equal vote serves to prevent an
entrenchment of any one group of interests to the exclusion
of others, even if freely chosen in the most democratic
fashion, because such an entrenchment in the very process
of political choice is contrary to the democratic ideal.
In each election, warring interest groups must
theoretically recontest the balance struck at the last
election
"The policy against entrenchment operates solely
to insure 'full and effective participation by all
citizens'; it does not operate to control what ideological
1.
FORD
SERVICE
-4-
shading or interest group balance that citizen participa-
tion produces. The one person-one vote standard is simply
the starting line which all interest groups must toe. So
viewed, the one person-one vote standard is implicit in
the concept of a democracy, as necessary to representative
government as the concept that individuals may not be
disenfranchised because of their social or economic views
and as such a constitutional principle of the highest
order."
II
the victory bonus operates to entrench the pre-
vailing powers of the Republican Party through a territorial
discrimination that weights the votes of some actual and
potential Republicans more than others."
***
II
the apportionment of delegates is not a subject
mete for control by major party ideology."
***
"There is, to be sure, some overlap between the process
of apportionment and the process of determining the
ideological orientation of the party, an overlap which lies
in the process of ascertaining actual and potential party
strength Of course, there is a clearly justifiable
distinction between a true attempt to ascertain party
strength in terms of actual and potential party adherents
and an attempt to entrench certain party interests which
have been successful in past disputes over the ideological
orientation of the party."
***
II
the Electoral College principle does permit a
malapportion [ment] of delegates in regard to either total
population or party vote under the Electoral College
system the only deviation from one person-one vote is the
uniform grant of two Electoral votes representing the
state's senators. That marginal increase is permitted
We do not think any greater deviation can be permitted
simply by analogy to the United States Senate."
I would only add the following: the RNC's authority to modify the
1976 formula expires at the end of October 1975. If a determination by
the Supreme Court has not been secured before then, and a new formula
adopted, the original 1976 formula will govern the number of delegates
-
FORD
SERVICE
LIBRARY
-5-
each state can send to the Convention. In this event, Ripon will
probably seek a decree which weights delegate votes in accordance
with the representation to which the state would be entitled under a
constitutional apportionment formula. This would mean, for example,
that each delegate from Alaska might be entitled to cast 3/4 of one vote
while a delegate from New York might be able to cast 1-1/8 votes. Try
explaining that to a television audience.
This would appear to argue in favor of settling the suit without
an appeal to the Supreme Court; this may indeed be the only way to get a
clear resolution, because the Supreme Court would not consider an appli-
cation for Certiorari, and so is unlikely to have decided the matter on its
merits, before the end of October.
However, because the President's interests in the outcome of any
settlement are so clear, the politics of a settlement begin to get rather
sensitive. Indeed, even after a settlement dissenting states could
prosecute an appeal as intervenors, although their chances of success on
the merits are small.
Attachments
EXHIBIT A
Apportionment under the 1976 Formula
based on 1972 election results
1972
Three
Electoral
per
Presidential
College
At
House
Bonus:
Other Bonus:
Vote
Large
Seat
4.5
60%
Sen. Gov. H.R.
Total
Northeast
Me.
4
6
6
4.5
2.4
-
I
1
20
N.H.
4
6
6
4.5
2.4
1
1
1
21
Vt.
3
6
3
4.5
1.8
-
1
17
14
6
36
-
1
-
1
Mass.
43
-
R.I.
4
6
6
4.5
2.4
-
-
-
19
Conn.
8
6
18
4.5
4.8
-
-
1
35
N.Y.
41
6
117
4.5
24.6
1
1
1
154
N.J.
17
6
45
4.5
10.2
1
-
-
67
6
3
4.5
1.8
-
-
Del.
3
1
17
Md.
10
6
24
4.5
6.0
-
1
1
42
Pa.
27
6
75
4.5
16.2
-
-
I
102
W. Va.
6
6
12
4.5
3.6
-
1
-
28
141
72
351
55
76
2
2
7
565
Middle West
Ohio
25
6
69
4.5
15.0
-
-
1
96
Mich.
21
6
57
4.5
12.6
1
-
1
83
Inc.
13
6
33
4.5
7.8
-
1
1
54
Ill.
26
6
72
4.5
15.6
1
I
1
101
Wis.
11
6
27
4.5
6.6
1
-
I
45
Minn.
10
6
24
4.5
6.0
1.
-
I
1
42
Iowa
8
6
18
4.5
4.8
-
1
1
36
Mo.
12
6
30
4.5
7.2
-
1
I
49
N. Dak.
3
6
3
4.5
1.8
-
-
1
17
S. Dak.
4
6
6
4.5
2.4
I
1
1
20
Nebr.
5
6
9
4.5
3.0
1
I
1
25
Kansas
7
6
15
4.5
4.2
1
-
1
32
145
72
363
60
88
4
3
10
600
South
Va.
12
6
30
4.5
7.2
1
-
1
50
1
N.C.
13
6
33
4.5
7.8
1
1
54
S.C.
8
6
18
4.5
4.8
1
I
-
35
12
6
30
4.5
7.2
-
-
48
Ga.
-
Fla.
17
6
45
4.5
10.2
1
66
-
1
Ky.
9
6
21
4.5
5.4
I
-
-
37
Tenn.
10
6
24
4.5
6.0
1
I
1
43
Ala.
9
6
21
4.5
5.4
-
I
-
37
Miss.
7
6
15
4.5
4.2
-
-
-
30
Ark.
6
6
12
4.5
3.6
-
-
-
27
La. .
10
6
24
4.5
6.0
1
I
I
41
Okla.
8
6
18
4.5
4.8
1
I
1
35
Texas
26
6
72
4.5
15.6
1
I
-
100
147
78
303
65
88
6
1
2
603
FORD LIBRARY 03
EXHIBIT A
EXHIBIT A Page 2
West
4
6
6
4.5
2.4
-
1.
-
1
20
Mont.
Idaho
4
6
6
4.5
2.4
1
-
1
21
Wyo.
3
6
3
4.5
1.8
1
-
17
-
Colo.
7
6
15
4.5
4.2
-
1
31
-
2.4
19
Utah
4
6
6
4.5
-
-
-
-
-
Nev.
3
6
3
4.5
1.8
1
17
N. Mex.
4
6
6
4.5
2.4
1
-
1
21
Ariz.
6
6
12
4.5
3.6
-
-
1
28
9
6
21
4.5
5.4
-
1
-
38
Wash.
Oreg.
6
6
12
4.5
3.6
1
-
1
29
Calif.
45
6
129
4.5
27.0
-
-
-
167
Alaska
3
6
3
4.5
1.8
1
-
-
17
Hawaii
4
6
6
4.5
2.4
-
-
-
19
7
444
102
78
228
65
60
5
1
3
14
-
-
-
14
D.C.
-
-
-
TOTAL
538
314
1,305
245
312
17
7
26
2,226
P.R.
8
8
0
V.I.
0
4
4
Guam
0
4
4
2,242
GREAT FORD LIBRARY
EXHIBIT A
Delegate apportionment formulas and suggested formulas
A.
1976 formula using 1968 and 1970 voting statistics
B. 1976 formula based on 1972 election results
C. Straight GOP popular vote, both parties using
2400 total delegates
D. Using basis of 2400 total delegates, 75% (1800)
for electoral vote and 25% (600) for GOP vote
E. Using basis of 2400 total delegates, 50% (1200)
for electoral vote and 50% (1200) for GOP vote
F. Using basis of 2400 total delegates, 25% (600) for
electoral vote and 75% (1800) for GOP vote
G. 3 delegates for every Congressman + 2 for every GOP
Congressman;
2 delegates for every senator + 2 for every GOP senator;
1 delegate for every 40,000 GOP presidential votes
H. 1976 formula for delegates but a victory bonus equal to
75% of electoral vote -- 1972 returns
I. 1976 formula for delegates but a victory bonus equal to
75% of electoral vote for 1 of the following: presidential
victory, GOP governor, GOP senator, GOP house delegate --
1968 returns.
J. Straight electoral vote, assuming 2242 delegates (same num-
ber as 1976 formula)
Only plans A and B show delegates for Guam, Puerto Rico and
the Virgin Islands.
FORD LIBRARY
Figures are Stated in Percentages of Total Delegates
8 LARGEST STATES
A
B
C
D
[I]
Ful
G
El
I
J
CALIFORNIA
8.4
7.4
9.9
8.9
9.2
9.6
9.2
8.3
7.6
8.4
NEW YORK
6.2
6.9
9.1
8.1
8.4
8.7
8.4
7.6
8.3
7.6
PENNSYLVANIA
4.1
4.5
5.9
5.3
5.5
5.7
5.6
5.0
5.6
5.6
TEXAS
3.9
4.5
4.5
4.8
4.7
4.6
4.4
4.8
3.8
4.8
ILLINOIS
5.0
4.5
6.0
5.2
5.5
5.7
5.6
4.8
5.0
4.8
OHIO
4.8
4.3
5.2
4.8
5.0
5.0
5.4
4.6
5.0
4.6
MICHIGAN
3.2
3.7
4.1
4.0
4.0
4.0
4.3
3.9
4.0
3.9
NEW JERSEY
3.3
3.0
3.9
3.4
3.5
3.7
3.5
3.1
3.3
3.2
TOTALS
38.9
38.8
48.6
44.5
45.8
47.0
46.4
42.1
42.6
42.9
CHOL
LIBRARY
MIDDLE WEST
Figures are Stated in Percentages of Total Delegates.
A
B
C
D
E
F
G
H
I
J
OHIO
4.8
4.3
5.2
4.8
5.0
5.0
5.4
4.6
5.0
4.6
MICHIGAN
3.2
3.7
4.1
4.0
4.0
4.0
4.3
3.9
4.0
3.9
INDIANA
2.6
2.4
3.1
2.6
2.7
2.9
2.7
2.4
2.5
2.4
ILLINOIS
5.0
4.5
6.0
5.2
5.5
5.7
5.6
4.8
5.0
4.8
WISCONSIN
2.3
2.0
2.2
2.1
2.1
2.1
2.0
2.1
2.3
2.1
MINNESOTA
1.5
1.9
1.9
1.9
1.9
1.9
1.8
1.9
1.9
1.9
IOWA
1.7
1.6
1.5
1.5
1.5
1.5
1.4
1.5
1.7
1.5
MISSOURI
2.4
2.2
2.5
2.3
2.4
2.4
2.0
2.2
2.3
2.2
NO. DAKOTA
0.8
0.8
0.4
0.5
0.4
0.3
0.4
0.5
0.8
0.5
SO. DAKOTA
1.0
0.9,
0.4
0.6
0.5
0.4
0.5
0.7
0.8
0.8
NEBRASKA
1.2
1.1
0.8
0.9
0.9
0.8
1.0
0.9
1.0
0.9
KANSAS
1.5
1.4
1.3
1.3
1.3
1.3
1.5
1.3
1.6
1.3
TOTALS
28.0
26.8
29.4
27.7
28.2
28.3
28.6
26.8
28.9
26.9
STATE
LERRARY
Figures are Stated in Percentages of Total Delegates
SOUTH
A
B
C
D
E
F
VIRGINIA
G
H
I
J
2.4
2.2
2.1
2.2
2.2
2.2
2.4
2.2
2.3
2.2
NORTH CAROLINA
2.6
2.4
2.3
2.4
2.4
2.3
2.3
2.4
3.0
2.4
SOUTH CAROLINA
1.7
1.6
1.0
1.4
1.2
1.1
1.2
1.5
1.5
1.5
GEORGIA
1.8
2.1
1.7
2.1
2.0
1.8
1.7
2.2
1.8
2.2
FLORIDA
3.3
2.9
3.8
3.4
3.5
3.7
3.3
3.1
2.7
3.2
KENTUCKY
1.9
1.7
1.5
1.6
1.6
1.4
1.5
1.7
1.7
1.7
TENNESSEE
2.1
1.9
1.8
1.9
1.8
1.8
1.9
1.9
2.1
1.9
ALABAMA
1.4
1.7
1.5
1.6
1.6
1.5
1.5
1.7
1.5
1.7
MISSISSIPPI
1.1
1.3
1.1
1.2
1.2
1.1
1.1
1.3
1.1
1.3
ARKANSAS
0.9
1.2
0.9
1.1
1.0
0.9
0.9
1.1
0.9
1.1
LOUISIANA
1:5
1.8
1.5
1.8
1.7
1.6
1.5
1.9
1.5
1.9
OKLAHOMA
1.7
1.6
1.6
1.5
1.5
1.5
1.5
1.5
1.5
1.5
TEXAS
3.9
4.5
4.5
4.8
4.7
4.6
4.4
4.8
3.8
4.8
TOTALS
26.3
26.9
29.3
27.0
26.4
25.5
25.2
27.3
25.4
27.4
STATE
TORO
NORTHEAST
Figures are Stated in Percentages of Total Delegates
A
B
C
D
E
F
G
MAINE
H
0.6
I
J
0.9
0.5
0.7
0.6
0.6
0.5
0.7
0.6
0.8
NEW HAMPSHIRE
1.0
0.9
0.5
0.7
0.6
0.5
0.6
0.7
0.8
0.8
VERMONT
0.8
0.8
0.3
0.5
0.4
0.3
0.5
0.5
0.6
0.5
MASSACHUSETTS
2.1
1.9
2.4
2.5
2.5
2.4
2.4
2.1
2.1
2.6
RHODE ISLAND
0.6
0.8
0.5
0.7
0.5
0.5
0.4
0.7
0.6
0.8
CONNECTICUT
1.2
1.6
1.7
1.5
1.6
1.6
1.6
1.5
1.2
1.5
NEW YORK
6.2
6.9
9.1
8.1
8.4
8.7
8.4
7.6
8.3
7.6
NEW JERSEY
3.3
3.0
3.9
3.4
3.5
3.7
3.5
3.1
3.3
3.2
DELAWARE
0.8
0.8
0.3
0.5
0.4
0.3
0.4
0.5
0.5
0.5
MARYLAND
1.5
1.9
1.7
1.8
1.8
1.7
2.0
1.9
1.9
1.9
PENNSYLVANIA
4.1
4.5
5.9
5.3
5.5
5.7
5.6
5.0
5.6
5.0
WEST VIRGINIA
0.9
1.2
1.0
1.1
1.0
1.0
0.9
1.1
1.3
1.1
TOTALS
23.1
25.2
27.8
26.8
26.8
27.0
26.8
25.4
26.8
26.3
STATE
LIBRARY
WEST
Figures are Stated in Percentages of Total Delegates
A
B
C
D
Ell
F
G
H
I
J
MONTANA
1.0
0.9
0.4
0.6
0.5
0.4
0.5
0.7
0.8
0.8
IDAHO
1.0
0.9
0.4
0.6
0.5
0.4
0.6
0.7
0.8
0.8
WYOMING
0.8
0.8
0.2
0.4
0.4
0.2
0.3
0.5
0.6
0.5
COLORADO
1.5
1.4
1.2
1.2
1.2
1.2
1.3
1.3
1.2
1.3
UTAH
1.0
0.8
0.7
0.7
0.7
0.7
0.6
0.7
0.8
0.8
NEVADA
0.8
0.8
0.3
0.5
0.4
0.3
0.3
0.5
0.6
0.5
NEW MEXICO
1.0
0.9
0.5
0.7
0.6
0.5
0.6
0.7
0.8
0.8
ARIZONA
1.4
1.2
0.8
1.0
1.0
0.9
1.1
1.1
1.0
1.1
WASHINGTON
1.4
1.7
1.5
1.6
1.6
1.5
1.4
1.7
1.7
1.7
OREGON
1.4
1.3
1.1
1.1
1.1
1.0
1.0
1.1
1.2
1.1
CALIFORNIA
8.4
7.4
9.9
8.9
9.2
9.6
9.2
8.3
7.6
8.4
ALASKA
0.8
0.8
0.1
0.4
0.3
0.2
0.3
0.5
0.5
0.5
HAWAII
0.7
0.8
0.4
0.6
0.5
0.4
0.5
0.7
0.6
0.8
TOTALS
21.2
19.7
17.5
18.3
18.0
17.3
17.7
18.5
18.2
19.1
STATE
?
1080
LIBRARY