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This file includes material on the Ronald Reagan challenge for the Republican nomination.

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President - Campaign General (3)
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26416135
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President - Campaign General (3)
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This file includes material on the Ronald Reagan challenge for the Republican nomination.
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Philip W. Buchen Files
Philip Buchen's General Subject Files
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Presidential campaign, 1976
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The original documents are located in Box 44, folder "President - Campaign General (3)" 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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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 [April 1976? DELEGATES To date, the President has an approximate 570 to 135 delegate lead over Ronald Reagan. Here's the breakdown: Ford Reagan New Hampshire 18 3 Massachusetts 28 15 Vermont 18 3 Florida 43 33 Illinois 90 11 North Carolina 25 28 Puerto Rico 8 0 District of 14 0 Columbia Wisconsin 45 0 Pennsylvania (projected) 90 13 Ohio (projected) 52 0 New York (projected) 140 14 South Carolina 1 17 OERALD R. FORD LIBRARY PRIMARY STATES Primaries Behind Us New Hampshire 21D Massachusetts 43D Vermont 18D Florida 66D Illinois 101D North Carolina 54D Wisconsin 45D New York 154D 8 primaries 502 Remaining Primaries April 27 Pennsylvania 103D June 1 Montana 20D 103 Rhode Island 19D South Dakota 20D May 1 Texas 100D 89 100 June 8 California 167D May 4 Georgia 48D Ohio 97D Alabama 37D New Jersey 67D Indiana 54D Arkansas 27D 139 358 May 11 Nebraska 25D W. Virginia 28D 53 21 primaries 1,088 May 18 Michigan 84D Maryland 43D 127 May 25 Kentucky 37D Idaho 21D Oregon 30D Nevada 18D Tennessee 43D 149 FORD STATE CONVENTION DATES April 24 Arizona 29D South Carolina 36D 30 Maine 20D May 8 Wyoming 17D 15 Hawaii 19D Oklahoma 36D 21 Alaska 19D 22 Kansas 34D June 4 Virginia 51D 5 Louisiana 41D 12 Missouri 49D 18 Iowa 36D Washington 38D 19 Delaware 17D 24 Minnesota 42D 26 New Mexico 21D July 8 North Dakota 18D 10 Colorado 31D 16 Utah 20D Connecticut 35D Other Virgin Islands 4D Guam 4D Puerto Rico 8D D. C. 14D TOTAL 639 FORD REPORT OF APRIL 9, 1976 News President Ford Committee 1828 L Street, N.W. Suite 250 Washington, D.C. 20036 OFFICE OF THE FINANCE CHAIRMAN RECEIPTS THROUGH APRIL 6, 1976 * PERCENTAGES REFLECT NINE MATCHING ALLOCATIONS Private and Confidential RANK STATE CHAIRMEN % of QUOTA National Quota 100% * 1. * ALABAMA * Bill Acker & *Hall Thompson 139.1 * 2. x NEW HAMPSHIRE * Kimon Zachos 119.7 * 3. * ALASKA * Ed Rasmuson 116.9 * 4. * LOUISIANA * Ken McWilliams 116.2 * 5. * GREGON * Ira Keller & Alan Green 113.5 90% * 6. * ARKANSAS * Chesley Pruet 110.5 * 7. * FLORIDA * Bill Staten & * Tom Welstead 107.9 * 8. * GEORGIA A Julian LeCraw 105.5 * 9. * NORTH CAROLINA * Hugh McColl 102.6 * 10. * NEVADA * Charlie Glover & * R. Schouweiler 100.9 80% 11. Kansas Howard Wilkins 96.7 12. Michigan Harold McClure 80.6 13. Oklahoma Jack Black 77.7 14. Texas Trammell Crow 76.9 70% 15. Wyoming John Wold & Stanley Hathaway 75.7 16. Puerto Rico Jaime Pieras 73.9 17. Rhode Island Elwood Leonard 71.7 18. Idaho Robert Hansberger 65.9 19. Illinois Gaylord Freeman 64.4 20. New Jersey Dick Sellars 62.9 60% Bill Blackburn 60.6 58.1 % 21. Colorado 22. Massachusetts Ted Beal & Anne Witherby 58.8 23. Tennessee Guilford Dudley 58.7 24. Virginia FitzGerald Bemiss 58.4 25. New Mexico Tom Bolack 57.9 26. California Ed Carter 57.4 50% 27. Wisconsin Bill Messinger 57.2 28. Missouri Don Wolfsberger 54.7 29. Arizona Wayne Legg 53.9 30. Connecticut Archie McCardell 52.6 31. Maryland Lyn Meyerhoff 51.1 40% 32. Nebraska David Tews 48.7 33. Vermont - 47.1 34. Hawaii Hung Wai Ching 46.8 35. Minnesota Don Dayton 43.2 36. North Dakota Marilyn Westlie 42.9 37. District of Columbia Bill FitzGerald 40.3 30% 38. Kentucky Joe Johnson 38.7 39. Pennsylvania H. Haskell, E. Hillman, & J. Ware 37.6 40. Ohio Bill Keating 36.3 41. Iowa Crawford Hubbell 36.2 42. New York - 36.2 FORD 43. Washington H. Halvorson & Henry Bacon 34.6 is 20% 44. West Virginia - 34.1 45. Mississippi Charles Sewell 32.6 46. Indiana John Fisher & Louis Weil 32.2 076830 47. Delaware - 29.5 48. South Carolina - 28.1 10% 49. Maine - 27.1 50 Utah Gilbert Shelton 26.2 51. Montana - 26.1 52. South Dakota V1 Stoia 21.8 GERALD R. FORD WASHINGTON April 23, 1976 Mrs. Philip Buchen 1200 16th St Nw Washington, D. C. 20036 Dear Mrs. Buchen: In the past, you have generously supported the Republican Party and its candidates for office. Today, I am writing to ask for your support for my own campaign. Let me try to set forth what I believe can be accom- plished with your help and that of other concerned Americans. As I see it, our country 20 months ago began an experience that was unique in the history of our de- mocracy: we transferred the reins of the highest office in the land to a man chosen for that office under the 25th Amendment to the Constitution. The country was facing one of its sternest tests. Bitterness, rancor and distrust festered in the body politic. The longest, most divisive war in our history was winding toward an unhappy conclusion, and many feared that the end of an external war would mean the beginning of an internal war of recriminations. And finally, our economy was afflicted with the disease of inflation -- inflation so serious that it would ultimately drive us into the worst recession in a generation. Clearly, there were great challenges both for me and for the Nation. I have tried during these months to give my very best to the American people and to the causes which we hold dear as a Nation. I lay no claim to perfection; much remains to be done. But the hemorrhaging has been stopped, and the process of healing has begun. Our spir- itual and economic health is returning. The moment has now come, I believe, when we can be- gin to look ahead once again -- to envision the America we would like to see during our third century as a Nation and to formulate concrete programs that will make our dreams come true. Our Bicentennial should be more 1. FORD than a year of brass bands and birthday banners; it should be a year when we choose a fresh, positive course for ourselves and for our children. LIBRARY "A copy of our report is filed with the Federal Election Commission and is available for purchase from the Federal Election Commission, Washington, D.C." Absolutely no taxpayers' funds have been used in the preparation or mailing of this correspondence. - 2 - As President, I want to build upon the progress of the past by charting and guiding the Nation toward a brighter future. I am pledged first and foremost to bringing a renaissance of the individual in our society. I want to reverse the flow of power to centralized government and to give people more power over their own lives. I am con- vinced that personal satisfaction and happiness can only be achieved in America when individual citizens have the free- dom and the ability to determine their own destinies. I am also pledged to strengthening the spiritual and moral values in our country. We have to restore a greater sense of meaning to our lives. Finally, I am pledged to keeping America strong in the world -- strong in its economy, strong in its military power, strong in its commitment to liberty. Freedom is endangered across the globe; now, even more than in Lincoln's day, America is truly "the last, best hope of earth." Since the beginning of the year, I have set forth many concrete proposals to start us down this road. I have asked that we cut both taxes and Federal spending. I have pressed once again for stronger legislation to promote energy inde- pendence. I have advocated reductions in governmental regu- lation. I have sought to create new jobs and reduce inflation through a variety of steps, including greater capital forma- tion. I have sought changes in the structure of government so that the government is more effective, more honest, and more responsive to the needs of the American people. This is a positive, substantive agenda, but let us always recognize a singular truth: policy pronouncements can only be translated into reality when they have the active support of the American people. That is why I am turning to you for help -- financial help that is needed to make my campaign a success and to set the country on a better course for the future. I hope that you will join me. I believe in America and I believe that when Americans work together, there is almost nothing we cannot accomplish. Let this be the year when we rekindle the Spirit of 176, and let us work together to make the Bicentennial a fitting cele- bration for America. Herald Sincerely, R. Ford Gerald R. Ford THE WHITE HOUSE WASHINGTON May 6, 1976 MEMORANDUM FOR: PHILIP W. BUCHEN DPB FROM: DOUGLAS P. BENNETT Per our earlier conversation, the following is a list (resumes attached) of full-time Presidential appointees from Nebraska. In the case of Robert Barnett, Chairman of the Federal Deposit Insurance Corporation, his legal address is no longer Nebraska but he comes from an old-time Republican family in that State and was strongly advocated for this position by Senator Curtis. If you need more information, just call me. (1) Robert E. Barnett - Chairman, Federal Deposit Insurance Corporation (2) Virginia Y. Trotter - Assistant Secretary for Education, HEW (3) Clayton Yeutter - Deputy Special Trade Representative (4) Norbert T. Tiemann - Administrator of Federal Highway Administration, Department of Transportation (5) Maurice H. Sigler - Chairman of Board of Parole, Department of Justice (6) Warren C. Wood, Jr. - Federal Co-Chairman of the Old West Regional Commission STATE FORD FOR IMMEDIATE RELEASE March 8, 1976 Office of the White House Press Secretary THE WHITE HOUSE The President today announced his intention to nominate Robert E. Barnett, of the District of Columbia, to be a member of the Board of Directors of the Federal Deposit Insurance Corporation for a term of six years. He will succeed Frank Wille whose term is expiring. Mr. Barnett has been Deputy to the Chairman of the Corporation since December, 1970. Born on December 4, 1935, in Lincoln, Nebraska, Mr. Barnett received his B.A. degree from Harvard College in 1957. He received his LL. B. from Harvard Law School in 1962. In 1962, Mr. Barnett joined the law firm of Sullivan &- Cromwell, in New York During 1966-67, he was Counsel for Bankers Life Insurance Company of Nebraska. He was appointed Counsel to the Governor of the State of Nebraska in January, 1967. He was Executive Director of the Nebraska Constitutional Revision Commission from December, 1969, to December, 1970. Mr. Barnett is married to the former Joanne Peabody of Morristown, New Jersey and they have three children. # # # SERATE R. FORD LIBRARY BIOGRAPHICAL SKETCH Virginia Y. Trotter, Ph.D. Assistant Secretary for Education Dr. Virginia Y. Trotter was appointed Assistant Secretary for Education in the Department of Health, Education, and Welfare in June 1974. As the principal spokesman for Education in the Executive Branch of the Federal Govern- ment, Dr. Trotter provides leadership and policy guidance to the Education Division which encompasses the Office of Education, the National Institute of Education, the Fund for the Improvement of Postsecondary Education, and the National Center for Education Statistics. Dr. Trotter is the first woman appointed to the highest education post in the Nation. All her professional career has been in education, as a scholar, teacher, and administrator. She came to Washington from the University of Nebraska where she served as Vice Chancellor for Academic Affairs, a post she assumed in 1972. Dr. Trotter earned her Bachelor and Master of Science degrees in Home Economics from Kansas State University and her Ph.D. in Family Economics and Higher Education from the Ohio State University. She has held teaching and administrative positions at the universities of Vermont, Utah and Nebraska, including those of Instructor, Assistant Professor, Professor, Department Chairman, Director of Research, and College Dean. In her role as Assistant Secretary, Dr. Trotter has given leadership to many Federal programs which encourage and support efforts nationwide to research, develop and implement pro- grams of innovation in education. She has a strong interest in higher education and, particu- larly, in assuring that disadvantaged students, as well as those from middle-income families, have the opportunity to pursue a high-quality postsecondary education program. Dr. Trotter has served as the official delegate to the UNESCO conference in Paris, the CULCON (Cultural Conference) in Tokyo, and has been designated by the Secretary of DHEW as the representative for International Women's Year. She also has participated actively with the National Council on Education Research, the presidentially appointed policy council for the National Institute of Education, on setting goals and objectives for the Institute. Prior to her appointment as Assistant Secretary, Dr. Trotter served on many National and State organizations and committees. She was a member of the President's Committee on the Employment of the Handicapped, the Defense Advisory Committee on Women in the Services, the National Advertising Review Board, and the Board of Directors of the National Center for Higher Education Management Systems (NCHEMS). At the State level she has worked closely with many volunteer agencies, served as a member of the Nebraska's Com- mission on the Status of Women and as Chairman of the Nebraska Heart Association. & FORD SERVICE LIBRARY Additional Biographical Data BIRTHPLACE : Boise, Idaho EDUCATION : Ph.D., Ohio State University, 1959; Master and Bachelor degrees, Kansas State University, 1947, and 1943 respectively EXPERIENCE Present : Assistant Secretary for Education, DHEW 1972-6/74 : Vice Chancellor for Academic Affairs, University of Nebraska, Lincoln, Nebraska 1970-1973 : Dean of the College of Home Economics and Professor of Education and Family Resources, University of Nebraska-Lincoln 1963-1970 : Associate Dean of the College of Agriculture and Home Economics, University of Nebraska-Lincoln 1955-1963 : Assistant to the Dean of the College of Agriculture for Home Economics, Chairman of the Home Economics Department, University of Vermont 1950-1955 : Assistant Professor and Head of the Family Economics and Management Division, Department of Home Economics; University of Nebraska-Linçoln 1948-1950 : Instructor and Director of the Home Management Laboratory, University of Utah G/61 'CT Office of the White House Press Secretary THE WHITE HOUSE The President today announced his intention to nominate Clayton Yeutter, of Lincoln, Nebraska, to be Deputy Special Trade Representative (Domestic). This is a new position created by Public Law 93-618 of January 3, 1975. Mr. Yeutter has been Assistant Secretary of Agriculture for Inter- national Affairs and Commodity Programs since 1973. He joined the Department of Agriculture on August 12, 1970, as head of the Service). Consumer and Marketing Service (now Agricultural Marketing Mr. Yeutter was Executive Assistant to the Governor of Nebraska from 1966 to 1968, when he became Director of the University of Nebraska's mission in Bogota, Colombia. He remained with the Bogota program, which is directed by six midwestern universities to upgrade agricultural teaching, research and extension efforts in Colombia, until he joined the Department of Agriculture in 1970. He was born in Eustis, Nebraska, on December 10, 1930. He received his B.S. from the University of Nebraska in 1952 and was named the outstanding animal husbandry graduate in the nation. He received his J.D., cum laude, in 1963 and his Ph. D. in agricultural economics in 1966, also from the University of Nebraska. From 1960 to 1966, he taught agricultural economics at Nebraska. In 1972, he received a distinguished alumni award from his alma mater. He served in the U.S. Air Force from 1952 to 1957. Mr. Yeutter is married and has four children. They reside in Arlington, Virginia. ### FOR IMMEDIATE RELEASE April 13, 1973 Office of the White House Press Secretary THE WHITE HOUSE The President today announced his intention to nominate Norbert T. Tiemann, of Lincoln, Nebraska, to be Administrator of the Federal Highway Adminis- tration. He will succeed Francis C. Turner, who held the Department of Transportation position until June 30, 1972. Since 1971, Governor Tiemann has been Vice President for Corporate Finance of First Mid-America, Inc., an investment banking firm in Lincoln, Nebraska. From 1967 to 1971 he served as Governor of Nebraska and his accomplishments included a number of milestones in transportation in the state. From 1957 until he became Governor, he was President of the Commercial State Bank in Wausa, Nebraska, and is a Past President of the Nebraska Bankers Association. He was Mayor of Wausa from 1956 to 1962. From 1949 to 1954 he was Assistant County Agent in Lexington, Nebraska; Assistant Manager of the Nebraska Hereford Association in Central City, Nebraska; Executive Secretary of the National Livestock Feeders Association in Omaha, Nebraska; and Director of Industry Relations for the National Livestock and Meat Board in Chicago, Illinois. He was born in Minden, Nebraska, on July 18, 1924. Governor Tiemann attende the University of Nebraska from 1942 to 1943 and from 1946 to 1949. He served in the U.S. Army from 1943 to 1946 and from 1950 to 1952. Governor Tiemann is married to the former Lorna Lou Bornholdt. They have three daughters and one son. # # # MAURICE H. SIGLER Born: 7-3-1909 Missouri Valley, Iowa Legal Residence: Rebraska Marital Status: Married (uffe-Francys) Education: 1927-graduated Modale High School. Nodale, Iowa 1929-attended South Dakota College, Brookings, S. Dak, 2 terms Military Service: 11-43--11-45 U. S. Mavy - Shore Patrolman, 2nd Class Employment: 7931-33 Operator-owner of Chawa Laundry: B Cash & Carry Grocery Store; service station - Ute, Iowa 1939-45 U. S. Penitentiary, Dept. of Justice, Leavemworth. Kansas Correctional Officer 7945--52 Federal Correctional Institution, Seagoville, Texas Instructor and Correctional Supervisor 1952-58 Louisiana State Penitentiary. Angola, La. Karden 1958-59 Glades Correctional Institution, Div. of Corrections, Belle Glade, Fla. Chief Custodial Officer 1959-63 Marden Nebraska State Penitentiary, Lincoln, Neb 1963--67 Nebraska Penal and Correctional Complex, Lincoln, Nebr. Harden 1967--71 Director, Division of Corrections, Dept. of Public Institutions, Lincoln, Nobr. 7-22-71-pres. Appointed Member of the Board of Parole Currently serving as Chairman of the Board of Parole U. S, Department of Justice Washington, D. C, 20530 March FORD 1976 BEFORE LIBRARY WARREN C. WOOD JR. FEDERAL COCHAIRMAN, OLD WEST REGIONAL COMMISSION Home address: 15016 Whitegate Road Silver Spring, Maryland 20904 Tele. 384-4582 Warren Clay (Chip) Wood Jr., 35, was nominated to be Federal Cochairman of the Old West Regional Commission by President Nixon on October 10, 1973. At the time of his nomination, he was Special Assistant to the Federal Cochairman. The Commission, authorized by the Public Works and Economic Development Act of 1965, is a Federal-State partnership designed to stimulate economic progress in the states of Montana, Nebraska, South Dakota North Dakota and Wyoming. Wood shares direction of the Commission with a State Cochairman, selected on a rotating basis for a one-year term from among the Governors of the five states. During Wood's tenure, the Commission has undertaken a comprehensive program of assisting the five Old West States in meeting the environmental and socio-economic impacts of extensive coal development in the northern plains states. Prior to joining the Old West Commission, Wood served in the Office of Intergovernmental Programs and the Office of Congressional Affairs for the Environmental Protection Agency. He specialized in model state environmental legislation and the Administration's environmental legislative proposals. From 1964 to 1971 he was Legislative Assistant to United States Senator Roman L. Hruska, dealing principally with public works, economic and natural resource issues. Wood received a B.A. degree from the University of Nebraska in 1967. He was honorably discharged from the National Guard in 1969. Born in Gering, Nebraska, January 27, 1941, he is married to Linda Wood, officially designated by President Ford to be a delegate candidate from Maryland to the GOP National Convention. THE WHITE HOUSE WASHINGTON May 6, 1976 MEMORANDUM FOR: MIKE DUVAL FROM: P. PHILIP BUCHEN SUBJECT: Activities by the President As the President goes into each State starting with Nebraska, I suggest that he be briefed about the appointments he has made during his Administration who come from that State. This information will enable the President to identify these individuals in his remarks to different audiences, giving the city in the State from which they come and their previous principal positions with that State. Also, I would suggest that on each trip the President should take with him certain of the appointees he has made from the State where he is to appear. He would then be in a position to introduce these appointees to his audiences, and their presence with the President would lead to photographs and publicity which reach people throughout the State. One unique asset the President has is the bright and capable executive team which he has in place and to which he can point with pride. Moreover, the pride he has in his appointees, when expressed within the States from which they come, will generate a feeling of pride among the citizens of that State. Attention has been called to new appointments made from particular States but we have so far not sufficiently publicized previous appointments made from the States in which the President is appearing. Even though the appointed individuals from a parti- BERALD R. FORD LIBRARY cular State may not have had great prominence there, the President by mentioning them or introducing them - 2 - will give them prominence and will evoke interest that they do serve in his Administration. The result will also help counteract the growing feeling that Washington and the people there are separate from, and heedless of, the interests and concerns of people in the rest of the country. The more the President can emphasize that he has qualified people in the Administration who are not old-time Washington bureaucrats but who have recently come to Government from private life in the various States, the more people will feel a sense of identification with the Ford Admini- stration. As a starter for implementing this proposal, I have attached at TAB A from Douglas Bennett material dealing with appointees from Nebraska. It may be desirable, even within the short time left, to invite one or more of these people to accompany the President on his Nebraska trip. Douglas should be asked to provide similar informa- tion for all the States which the President will be visiting and plans should be made to select and invite those who should accompany him. In addition, for West Virginia, we may want to get out before next Tuesday publicity about people from there whom the President has appointed. Attachment 1. FORD SEATE LIBRARY Triday 5/7/76 Friday 5/14/76 5:15 Dorothy Downton talked with Prey. He wants to get together with a group of businessmen in the area and put an ad in the (aper supporting 4:30 Called Dorothy Downton and advised that be sure it's Mr. Buchen talked with Ed Frey concerning the ad some businessmen wanted to put in the paper in support of the President in the primary. turday) (616)949-1705 or he car be reached (5/10). He referred Mr. Frey to Benton Becker or Gordon Strauss. had to leave early but 144 would have of you might have the opportunity (Saturday), other organization Each whatever 42 wild cost for M keep the E. FORD JIBRARY Friday 5/7/76 5:15 Dorothy Downton talked with Ed Frey. He wants to get together with a group of businessmen in the area and put an ad in the paper supporting the President in the primary. Wants to be sure it's legal. This weekend he will be at home in the Monday (Saturday) (616)949-1705 or he can be reached Monday afternoon (5/10). 7:10 I called him to let him know that you had to leave early but I would have the note on your desk if you might have the opportunity to call to: horrow morning (Saturday). He has been thinking it would be a good idea to do the same & thing in other areas of Michigan. FLO FORD This would be independent of any other organization. Each person would put in $5 or $10 or whatever it would cost for LIBRARY the ad. He said "we've got to keep the Republicans from crossing over to the Democrats." President Ford Committee Copy 1828 L STREET, N.W., SUITE 250, WASHINGTON, D.C. 20036 (202) 457-6400 Barry, July 1, 1976 MEMORANDUM TO: Rog Morton Stu Spencer Jim Baker FROM: Bob Visser RSV Tim Ryan RE: Carter Campaign Reference is made to our memorandum dated June 29, 1976 regarding the possibility of a violation by the Carter campaign of the Federal election campaign laws. As set forth more specifically in the above-referenced memorandum, the General Counsel to the Federal Election Commission has indicated that it may be contrary to the Act and proposed regulations for a Presidential candidate to expend primary matching monies or privately raised contributions during the primary period for General Election expenditures. Following our conversation today, I discussed this matter with Bill Cramer, who in turn discussed it with Mary Louise Smith regarding the RNC's filing of such a complaint. In general, their feeling was that they would like us to prepare a factual memorandum regarding the specific manner in which the Carter campaign may have violated the campaign laws and a brief legal analysis supporting such a conclusion. I shall keep you advised of all material developments in this matter. GERALD R. FORD The President Ford Committee, Rogers C.B. Morton, Chairman, Robert C. Moot, Treasurer. A copy of our Report is filed with the Federal Election Commission and is available for purchase from the Federal Election Commission, Washington, D.C 20463. President Ford Committee 1828 L STREET, N.W., SUITE 250, WASHINGTON, DC 20036 (202) 457-6400 June 29, 1976 MEMORANDUM TO: Rog Morton Stu Spencer Jim Baker FROM: Tim Ryan Bob Visser RRV RE: Carter Campaign If you will remember, some time ago when we were considering the PFC preparations for the General Election, we noted that the Federal election campaign laws restrict us from spending money, which includes matching funds received from the Government for General Election purposes. The law requires that all presidential candidates certify to the Secretary of the Treasury that they have not spent any Primary Election funds for General Election purposes. In particular, Section 9003 (b) of the Presidential Election Campaign Fund chapter of the Internal Revenue Code provides: (b) Major parties. In order to be eligible to receive any payments under section 9006, the candidates of a major party in a presidential election shall certify to the Commission, under penalty of perjury, that - (1) such candidates and their authorized committees will not incur qualified campaign expenses in excess of the aggregate payments to which they will be en- titled under section 9004; and STATE FORD LIBRARY (2) no contributions to defray qualified campaign expenses have been or will be accepted by such candidates or any of their authorized committees except to the extent necessary to make up any deficiency in payments received out of the fund on account of the application of section 9006 (d), and no contributions to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002 (11) have been or will be accepted by such candidates or any of their authorized committees. The President Ford Committee. Rogers C.R. Morton. Chairman, Robert C. Moot, Treasurer. A copy of our Report is bled with the Federal Election ( ommission and is available for purchase from the / ederal Election Commission. Washington, 11.1 20463 Carter Campaign Memo June 29, 1976 Page Two Such certification shall be made within such time prior to the day of the presidential election as the Commission shall prescribe by rules or regulations. The Commission has informally expressed concern that the statutory language, as well as the legislative history of the Act, preclude the expenditure of any primary matching account monies as well as privately raised contributions, during the primary period for General Election purposes. The rationale, of course, is that otherwise it is difficult to distinguish such expenditures from primary expenditures and the net result is to expend monies in excess of the General Election statutory limitation of 21.8 million dollars. This hard and fast rule has been modified somewhat, based on an opinion from Jack Murphy, General Counsel of the Federal Election Commission. Recognizing the necessity of certain advance planning functions and expenditures in anticipation of the General Election, Jack has determined and intends to recommend to the Commission that a presidential campaign committee may utilize commercial bank loans (but not primary contributions or primary matching funds) for General Election purposes at this time. Such expenditures must be charged to the General Election ceiling and repaid from the Treasury monies which will be received after the nomination. However, it appears that at this juncture the Carter campaign is spending primary funds solely for General Election purposes, for example, polling for the selection of the vice president and special interest programs. Notwithstanding the fact that we are involved in some of the same processes, we suggest that the Republican National Committee or some other disinterested party review with their attorneys the objections regarding a specific charge against the Carter campaign for using primary funds for General Election purposes. Such a complaint would at least slow down their activity and keep them a little off kilter. Jack Murphy has already stated to us that he views such activity with some concern and will be bringing the problem to the attention of Carter's lawyers. A direct complaint by the PFC should also be considered as it may have considerable political advantage in publicly appearing to be running against Carter at this time. The down- side of this approach is twofold. First, section 437 (g) provides, inter alia, that any notification of such a complaint or SERVICE FORD LIBRANY Carter Campaign Memo June 29, 1976 Page Three investigation shall not be made public by the Commission or by any person without the written consent of the person receiving such notification or the person with respect to whom such investigation is made. Secondly, section 437 (g) (3) (A) provides, inter alia, that any such investigation shall include an inves- tigation of the reports and statements filed by the complainant if such complainant is also a candidate. Although we have consistently alerted the PFC to this problem, it must be assumed that it is possible to make an argument that the PFC has engaged, albeit to an extremely limited extent, in General Election planning and possible expenditures. The practical result would not be, in our opinion, the loss of the 21.8 million dollar Federal financing but rather the Carter argument that the law is ambiguous, they. have acted in good faith, and in any event, that both committees are guilty of the same activities. Nonetheless, Tim and I believe that this is viable and positive action that may be initiated by the PFC against Carter at this time with some likelihood of positive results, both publicly and to internally slow down Carter's General Election activity in violation of the General Election expenditure ceiling. STATES E. FORD LIBRARY Gasthof Gramshammer, Inc. Telephone: 303/476-562 P.O. BOX 506 Pepi Gramshamme VAIL, COLORADO 81657 Sheika Gramshamme July 19,1976 The President of the United States of America Mr. Gerald Ford The White House Washington, D.C. Dear Mr. President, Before anything else I would like to thank you whole heartedly for your decision regarding the Eagles Nest Wilderness Bill. You made many people very, very happy! Thank you once again. At the same time I want to tell you how very sorry I am that Colorado let you down to such an extend. Only because of Eagle County's vote, all delegates voting 10:1, we could at least gain the 4th congressional district. The Republican Convention in Fort Collins was a fascinating experience. I know now what it means when it is said that "politics get into your blood" - it is certainly in mine! It was very hard for me to sit still and watch your opponent get so many votes, I wanted so very much to go to everyone and wake them up to the truth - YOU! Reagan had a good speech - well written and the presentation could be rated as moderate to good acting. But I definitely want to congratulate you on your son Jack. His speech was outstanding! It portrayed warmth, sincerity and unlimited belief and trust in you. I heard from several Reagan people the comment "What a boy - I am jaleous!" Therefore, it is very hard for me to understand why not more uncommitted delegates were more aware of the difference between just a good performance and reality. I must admit though that the Reagan forces were incredibly organized and well informed. It seemed they had just left a training camp! I was utterly frustrated to see how weak your Colorado office seemed to be. Friends of mine in Wisconsin, Michigan, Missouri and Texas are very active on Reagan's behalf. I discussed this with them at several occasions and doing so I got more and more hopeful that you may consider changing your campaign route LIBRARY after Kansas City. Again, I have friends who are on Carter's executive committe for Texas and I must say it is incredible to see how well run their "show" is. Gasthof Gramshammer, Inc. Telephone: 303/476-562 P.O. BOX 506 Pepi Gramshamme VAIL, COLORADO 81657 Sheika Gramshamme Page 2 July 19, 1976 I really want to go out and tell "the world" why we need you! Pepi and I, among so many others, believe in you with all our hearts and minds. You need to win for this country and I want to do everything I can to be of help. I would like to head a women's committee here in Colorado for your support. It would be a doorbell to doorbell campaign as previously proven effective during the Goldwater campaign. I know I can do so much more for you if my energies are channelled into the proper direction. I would appreciate it very much if I could sit in during one of the meeting of the National Committee for Ford 1976 to learn about strategy and immediate objectives. So far I have not had any help or seen any initiative from your Denver headquarters, except that they were opposed to my heading the Eagle County Committee. Mr. President, could you please direct me to the proper channels so that I may be more useful to your campaign. This county needs you - please let me know how I can offer my small share to make people realize that there is only one true leader: YOU. I would like to apply myself totally to your election and our future. Sincerely, Sheiker Sheika Gramshammer LIBRARY GERALD ? FORD /wej p.s how is your tennis? Imay just be Mady for you in august with the help of a big Racquet! Shite QUESTION: Ron, Governor Carter has contacted Speaker Albert and requested that he seek expeditious passage of H.R. 11552, the Voter Registration Act. What is the President's position? ANSWER: The President has opposed the Voter Registration Act (authorizing citizens to register for Federal elections by post card). There is little assurance that increased registration will increase voter participation in elections, when great numbers who are already registered do not show up at the polls to vote. Also, the Act will be an administrative nightmare for State and local governments and it will increase the potential and likelihood for fraud. This legislation would create additional financial burdens on the Federal government when the President is trying to curb Federal spending, and it would establish a further large Federal administration within the Federal Election Commission. Levery BERALD F Total ES/BNR 7/27/76 Tednesday 2/4/76 Wednesday 8/4/76 4:20 Bobbie said she has three supporters --- Gergen, Rhatigan and Bill Greener. R. FORD LIBRARY Wednesday 8/4/76 2:55 Attached is the material Bobbie said you would need to discuss with Dick Cheney. I checked with Cheney's office to ask if they had found a time for you to see him -- per our request of yesterday. Barbara said you had gone into Cheney's office this morning so she assumed you had had the requested appointment. Do you still need to see him? STATE n. FORD LIBRARY July 15, 1976 MEMORANDUM FOR: DICK CHENEY FROM: BOBBIE GREENE KILBERG Thank you for taking the time to talk with me yesterday. I think we had an open and honest discussion, and Pappreciated it. The following is a summary of why I feel strongly that I could be an important asset to the political operation at the Convention and thus would like to be included in the White House list of individuals who are to attend the Convention with specific responsibilities, normal convention hall access, etc.: (1) I am a key element in a network of Republican National Committeewomen (and some Committeemen), women delegates and Republican women activists, most of whom will be present in Kansas City and could be effectively used to aid the President's nomination. Elly Peterson will be conducting such an effort, and I believe I could be very useful to her. (2) This same network will be important to the President's election effort, and it is my understanding that Elly intends to do considerable election planning work at the Convention since everyone will be assembled there and another such opportunity will not present itself. (3) Attention should be paid at the Convention to committed Ford delegates in order to maintain and reinforce that commit- ment. I could be of assistance with women delegates in that regard. (4) Given the importance of the women's vote, I think it is essential that the Administration show both the delegates at the Convention and the public through the media that we have active and participating women appointees. It is my understanding that the Republican National Committee Convention booklet will have an emphasis on the role of women appointees as the RNC requested my picture for inclusion in the official booklet. BEFORE R. FORD LIBRARY 2 (5) I have a good understanding of Convention procedures from my participation in the '68 and '72 Conventions. (6) A lot of people expect me to be at the Convention, have called me about the Convention, and would be concerned if I was not present. These are the same people who will be important for the general election, as well as for the nomination. For example, Carla Coray, Vice Chairman of RNC Committee on Rules and National Committeewoman from Hawaii; John McDonald, National Committeeman from Iowa, Chairman of RNC Committee on Contests, and expected to be Chairman of Credentials Committee; Gerridee Wheeler, National Committeewoman from North Dakota; Pat Goldman, Chairperson, Republican Women's Task Force, etc. The female members of the press would also, as a matter of course, expect me to be present as I was very active in the '72 Convention and would be looking for a story if I was absent. July 24, 1976 MEMORANDUM FOR: MIKE DUVAL FROM: BOBBIE GREENE KILBERG Below is a listing of the information I have on a number of the women delegates on the platform committee. I will have more in-depth information on a larger number of the delegates on Monday. Please also note one addition and one change: the Connecticut woman delegate on the platform committee is Joan Rader of Greenwich; Ginny Dinkins from Florida may be Reagan rather than Ford. Ford Delegates D.C.: Marjorie Parker Ph.D. in English and education Strong on women's rights: pro ERA Uncertain about abortion Head of platform committee for D.C. Low-key but effective Member of or good relationship with Republican Women's Task Force Black Wife of Judge Barrington Parker Hawaii: Mary George State Senator Former city council member In 50's Good relationship with Republican Women's Task Force May emerge as a leader of women delegates on platform Strong personality Indiana: Betty Rendel Vice-chairman of state party Very conservative on all issues Anti-BRA Strong member of Republican Women's Federation -2- Iowa: Joan Lipsky 6-term member of state senate On appropriations committee in Senate; strong on environment, consumers; author of rape reform act A leader of Republican Women's Task Force May emerge as a leader of women delegates on platform committee Progressive Close to Governor Ray Maine: Henrietta Page Crane National committeewoman Marginal on ERA Conservative Somewhat suspicious of the "modern woman" Long-time party pro Maryland: Marjcrie Holt Congresswoman from Prince George's County Strongly opposed to busing In continual fights with HEW over integration plans Opposed to quotas Privately comfortable with ERA but will not take public position in favor because would hurt her politically in her district Minnesota: Mary Forsythe State legislator (House) Strong personality Moderate Husband: Bob Forsythe - Ford strategist in Minnesot N. D.: GeriDee Wheeler National committeewoman Leader of ERA ratification effort in state; strong on all women's issues including support of Supreme Court's decision on abortion Former President of national community mental health organization A leader of Republican Women's Task Force Member of Common Cause Progressive. -3- N. H.: Ruth Griffin State legislator (House) N.J.: Millicent Fenwick Congresswoman Strong interest in foreign affairs (visited Vietnam since end of war, visited China), in government reform, in women's rights (ERA, Day care, etc.) Member of Republican Women's Task Force Pa.: Martha Schoeninger Assistant state party chairman Uncertain on women's issues In 50's or 60's Close to Sally Stauffer - former national committee N.Y.: Leslie A. Maeby Age 21 Progressive Articulate W. Va.: Louise Leonard (LF) Had been member of state senate Ran for U.S. Senate and lost Led fight for ratification of ERA in state Strong interest in penal reform Has stated cannot commit herself to Ford because rules of W.Va. Republican Women's Federation requis no commitment before convention; I think she is state President of Federation Wisconsin: Ann Peckham Former fringe Vice Chairman of party -- ousted by right winc Good on women's issues Generally progressive/moderate Strong personality Will work with Republican Women's Task Force -4- S.D.: Barbara Gunderson Former Commissioner of U.S.Civil Service Commission under Eisenhower Progressive Strong on women's rights (ERA, etc.) Ran in '74 in Republican U.S. Senate primary but lost Will work closely with Republican Women's Task Force July 27, 1976 MEMORANDUM FOR: MIKE DUVAL Bobbi FROM: BOBBIE GREENE KILBERG Below is a listing of additional information on women delegates who are on the Platform Committee: Alaska: Yvonne Alford (F) Executive Director, Anchorage Bicentennial Commission former Vice President of Alaska Young Republicans President of Anchorage Republican Women's Club Member, Republican State Central Committee Chairman of District and State Convention Platform Committees Officer of Alaska Press Women completed 3 years of college not been a national delegate before Southern lower middle class background age: 40 single religion: Pentecostal Delaware: Lavinia Hodgden (UNCOMMITU?) Not been a national delegate before, but delegate to state conventions for many years Chairman of her District Committee and Committeewoman volunteer for Senator Roth's campaign housewife with one child age: 56 education level: 3 years of college religion: Presbyterian D. C.: Marjorie Parker (additional information) (F) STATE R. FORD LIBRARY Member, D.C. Council 1972-75 2 Hawaii: Mary George (additional information) (F) Member, League of Women Voters Member, National Air Quality Advisory Board strong on women's issues favors a woman as Vice President in 1976 supports the 1973 Supreme Court decisions on abortion in favor of Party adopting requirements that more women and minorities be included in Party activities married age: 60 education level: B.A. plus some graduate study Illinois: Ruth Hooper (F) Active in local politics: precinct captain Executive board of township Republican organization, etc. Regent of local DAR chapter Secretary of community emergency medical service committee former PTA president wife and mother of 3 children age: 51 education level: B.A. -- Northwestern religion: Methodist Indiana: Betty Rendel (Ford?) (additional information) Treasurer, National Federation of Republican Women Iowa: Joan Lipsky (additional information) (F) State representatives instead of State senator favors woman as Vice President in 1976 Supports 1973 Supreme Court decisions on abortion In favor of Party adopting requirements that more women and minorities be included in Party activities age: 57 married education level: graduate study in psychology 3 Kansas: Neta Pollom (F) Ran for State representative but lost in favor of the ERA favors woman as Vice President in 1976 Supports 1973 Supreme Court decisions on abortion in favor of Party adopting requirements that more women and minorities be included in Party activities education level: 1-1/2 years of nurses training Maine: Henrietta Crane (additional information) (F) National delegate in 1968 not in favor of Party adopting requirements that more : women and minorities be included in Party activities education level: B.A., Wellesley (language & history) age: 63 divorced N.H.: Ruth Griffin (additional information) (F) 1972 delegate to National Convention -- Platform Committee Majority Whip of N.H. House of Representatives pro-ERA supports 1973 Supreme Court decisions on abortion in favor of Party adopting requirements that more women and minorities be included in Party activities does not favor woman Vice President in 1976 registered nurse - not practicing age: 51 married with 5 children education level: 3 years of college and R.N. religion: Methodist N.Y.: Leslie Maeby (additional information) (F) Not been a National delegate before ran for county office, but defeated STATE R. FORD LIBRARY pro-ERA in favor of woman as Vice President in 1976 supports 1973 Supreme Court decisions on abortion and minorities be included in Party activities single education level: B.A. SUNY at Albany 4 Ohio: JoAnn Davidson (F) Executive Director of Ohio PFC Pâ.: Martha Schoeninger (additional information) (F) Vice Chairman of Republican State Committee -- instead of Assistant Chairman not been a National delegate before active in county politics, e.g., executive committee of Chester County Committee, past President of Valley Forge Council of Republican Women pro-ERA favors woman as Vice President in 1976 favors 1973 Supreme Court decisions on abortion not in favor of Party adopting requirements that more women and minorities be included in Party activities married with 3 children educational level: 2 years of art school: fashion design religion: Presbyterian R.I.: Louise Mauran (F) homemaker and volunteer has not been National delegate before State party Vice Chairman 5 children age: 41 educational level: 2 years of college Member, Planned Parenthood of R. L S.D.: Barbara Gunderson (additional information) (F) supports 1973 Supreme Court decisions on abortion married education level: B.A. (English, journalism) Vermont: Carolyn Miller (F) has not been a delegate before town and county party chairman and vice chairman Member, League of Women Voters housewife and mother of 5 children age: 48 educational level: B.A., University of Washington religion: United Church of Christ, deacon and elder 5 Wyoming: Ruth Adam (uncommitted) has not been a National delegate before favors woman as Vice President in 1976 does not support 1973 Supreme Court decisions on abortion, but at same time believes abortion "up to each individual person" in favor of Party adopting requirements that more women and minorities be included in Party activities good on women's issues pro ERA housewife age: 54 education level: B.A. (home economics) BERALD R. TOTAL THE WHITE HOUSE WASHINGTON August 4, 1976 MEMORANDUM FOR: BILL RHATICAN Brbbie FROM: BOBBIE GREENE KILBERG SUBJECT: Alternative Programming at Kansas City Pursuant to a request from Dave Gergen, the following is a list of women who will be at the Republican Convention in Kansas City and who would be excellent subjects for T. V., radio, and newspaper interviews. Please note that this is a list of individuals who I know will be at Kansas City. It does not include Ford women appointees who have not been asked to go to Kansas City, but who would give excellent interviews if asked. 1.) Carla Hills Secretary of HUD 42 2.) Marjorie Lynch Under Secretary of HEW Late 40's 3.) Mary Louise Smith Chairman of RNC Delegate from Iowa A founder of Republican Women's Task Force Late 50's--early 60's 4.) Ellie Peterson Deputy Chair of the PFC Former Vice-Chairman of RNC Late 50's--early 60's 5.) Pat Goldman Chair of the Republican Women's Task Force Staff Director of the Wednesday Group in the House of Representatives mid 30's 6. ) Audrey Rowe Colom R Alternate delegate from the District of Columbia Staff Member of the Corporation for Public Broadcasting National Chairperson, National Women's Political Caucus SEAL FORD Black 31 -2- 7.) Bobbie Greene Kilberg Associate Counsel Former National Vice-Chairperson, National Women's Political Caucus A founder of Republican Women's Task Force 31 8.) Congresswoman Peggy Heckler Delegate from Massachusetts Member of Convention Rules Committee A founder of Republican Women's Task Force Strong advocate of daycare, ERA 40's 9.) Congresswoman Millicent Fenwick Delegate from New Jersey Strong interest in foreign affairs, government reform, and IN 60s and women's rights including ERA and day care 10.) Carla Coray Delegate from Hawaii Vice Chairman of RNC Committee on Rules National Committeewoman from Hawaii Former State Party Chairman from Hawaii Former Chairman of Western Republican Chairmen Candidate for Congress Late 40's 11.) GeriDee Wheeler Delegate from North Dakota National Committeewoman from North Dakota Former President of a national community mental health organization Leader of ERA ratification effort in North Dakota A leader of Republican Women's Task Force Late 40's--early 50's DEARE R. FORD -3- 12.) Joan Lipsky Delegate from Iowa Six-term member of State House of Representatives Member of Appropriations Committee in House; strong on environment, consumers; author of Rape Reform Act A leader of Republican Women's Task Force 57 13.) Mary George Delegate from Hawaii Hawaii State Senator Former City Council Member 60 14.) Marjorie Parker Delegate from District of Columbia Chairperson of Platform Subcommittee on Human Concerns Former D. C. City Council Member Professor of English and Education at Howard and Bowie State Black Mid 50's 15.) Pat Price Bailey Rules Spokesperson for the Republican Women's Task Force June graduate with highest honors from American University Law School and mother of two children Late 30's 16.) Betsy Griffith Deardorf National Vice Chairperson, National Women's Political Caucus Ph. D. Candidate in History Late 20's 17.) Barbara Gunderson Delegate from South Dakota Former Commissioner of U.S. Civil Service Commission under Eisenhower Ran in 1974 in Republican U.S. Senate Primary but was defeated Strong on women's rights (ERA, etc.) R. GENERAL FORDS - 4- 18. ) Ruth Griffin Delegate from New Hampshire Majority Whip of N.H. House of Representatives 51 19. ) Betty Smith Delegate from Wisconsin City Councilwoman in Madison; running for State House of Representatives from Madison Early 50's 20. ) Lee McAnerney Alternate Delegate from Alaska Commissioner of Community and Regional Affairs for the state of Alaska: only woman cabinet member in state Former mayor of Seward, Alaska GENET R. FORD TRUST 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. G.O.P. Women Irked at Party; May Not Take Part in Election By EILEEN SHANAHAN Special to The New York Times WASHINGTON, July 27- But she said- she thought the Feminists in the Republican problem was not with the con- Party are angry at the treat- ment they believe women are vention arrangements but rath- getting from their party and er that "we don't have women they fear that many of the best positioned correctly." women workers will simply sit How Leader Is Chosen out the campaign if steps are not taken to improve things. For example, she explained, The anger of the feminists the Republicans traditionally centers on the following things: chose their leader in the House aThe relatively small role of Representatives Privacy THE WHITE HOUSE Cente WASHINGTON (see August 7, 1976 nixon papers) Dear Stan: Enclosed is a letter written to me from Quincy Rodgers of the Domestic Council Committee on the Right of Privacy. The letter is self-explanatory and I would appreciate your agreeing to allow access to the Nixon materials for the purposes indicated. I would appreciate your advising Barry Roth of your decision, and, if it is favorable, to work out arrangements satisfactory to you. Sincerely, Thit Philip W. Buchen Counsel to the President Mr. R. Stan Mortenson Miller, Cassidy, Larroca & Lewin 2555 M Street, N. W. Washington, D. C. 20037 BERA E. FORD LIBRARY CC: Barry Roth RECEIVED OCT 81976 CENTRAL FILES Privacy THE WHITE HOUSE WASHINGTON June 10, 1976 MEMORANDUM FOR: MIKE DUVAL FROM: PHIL BUCHEN T. The attached memorandum deals with a subject on which you are working. It came to me from Quincy Rodgers, who is the Executive Director of the Domestic Council Committee on the Right of Privacy. You may want to pass on copies to other people concerned with this subject. CC: Bobbie Kilberg (with enclosure) STATE R. FORD LIBRARY June 9, 1976 Phil -- Attached is a memo prepared after discussion among a number of persons who were active at the 1972 Republican National Convention. I thought that you might be interested in seeing it. Please feel free to pass copies along to others who might also be interested. Sincerely, Line Quincy Rodgers R. FORD LIBRARY MEMORANDUM FROM: Friends of President Ford RE: The Republican Convention The following memorandum has been prepared by participants in recent Republican national conventions to suggest those areas related to the President's campaign at the convention which our experience indicates are potentially most critical. Our motivation for preparing this memorandum was provided by two facts of overwhelming importance: 1. In a close nomination contest, the nomination can be won--or lost-- by events which occur, or fail to occur, during the convention. (e.g. the 1952 Republican convention). 2. A nominee's chances of winning the general election can be seriously--or fatally--affected by hostility created within the Party or the country by activities which occur during the convention. (e.g. Goldwater and the 1964 convention; Humphrey and the 1968 Democratic convention; McGovern and the 1972 Democratic convention). I. Areas of Potential Floor Fights During the Convention: While the most important decision which the convention will make is its choice of the Party's Presidential candidate, the convention must also decide a multitude of other matters. Most of these decisions will be made routinely, but major floor fights may possibly occur in several areas. These floor fights are important for at least four reasons: (a) they may be regarded by delegates or the media as "test votes" on the candidates for the nomination, and the result accordingly regarded as indicating the outcome of the nomination contest. (Accordingly, the first floor fight is particularly important); (b) they may involve matters of special importance to some individual delegates, and may thereby affect the votes cast by these delegates in the nomination contest; (c) they may affect the unity of the Party or the image presented by the Party to the country, and thereby affect the nominee's chances of winning the general election. -2- (d) they may concern issues of substantial political or programmatic importance, even apart from their immediate effect on the nomination or general election. Areas, other than the selection of the Presidential nominee, in which floor fights are likely are: 1. Credentials: A credential challenge is likely to be the first possible floor fight at the convention. A close fight for the nomination fosters serious credential challenges (e.g. the fight over Texas at the 1952 GOP Convention). The current Rule 32 provides several bases for possible challenges (e.g. "positive action"; "endeavor to have equal representation"). Someone must be assigned responsibility now to answer such questions as : Which Ford delegates are most likely to be challenged? Which Reagan delegates are most vulnerable to a challenge? How would uncommitted delegates react to such credential challenges? What rules, state laws, court decisions, and past convention precedents are applicable to such challenges? Resources available to assist in a credentials effort would include former participants in major credential fights (from the 1952 convention experience: William Rogers, Jack Wells, Max Rabb, Herb Brownell), the Annals of Republican Conventions (available from the RNC), volunteer lawyers and so forth. 2. Rules: A floor fight over the adoption of Party Rules is most likely on these three issues: (a) Rule 30, which governs the allocation of delegates among states. In 1972, this fight tended to pit small states against big states. (b) Rule 32, which is particularly important to women, and minorities. A fight over this rule is most likely to arise in the context of the adoption, or rejection, of the recommendations of the Committee established in 1972 by Rule 29 (the "Steiger Committee"). The next opportunity to try to affect such a fight will be when the RNC meets on June 24 to consider, among other matters, the report of the Steiger Committee. (c) Voting: There appears to be no clear rule as to what remedy is available to prevent a delegate, who is bound -3- by state law to vote for President Ford, from voting for Reagan in violation of the state law. Critical questions to answer now include: How would un- committed delegates view such fights? What should be the President's reaction to such fights? and so forth. Available resources to aid in a Rules effort would include the Republican Women's Task Force, and participants in the 1972 Rules Committee deliberations. 3. Platform: These questions must now be considered. How would uncommitted delegates respond to a contest over platform planks on the issues listed below? What should the President's position on each such plank be? What should the PFC's operatives be doing? On what planks could Ford's supporters win? On which planks can they secure lasting support from uncommitted delegates? Which planks are important to the fall campaign? (a) abortion (b) ERA (c) busing (d) Panama (e) troops for Rhodesia (f) detente (g) social security (h) capital punishment. The search for resources for a platform effort should start with Mel Laird and Charles Goodell, who served as officials of the 1964 Platform Committee. II. Pre-Convention Decisions of GOP Organizations: In order to use President Ford's assets to maximum advantage at critical points during the Convention, it is imperative that his supporters take an active role in the pre-convention activities of official decision-making organization These include: organizations, and their influence on the Convention, A. State delegations: (Choose Chairperson, members of Convention committees, national committeeman and committee- woman) STATE -4- B. Republican National Committee's committees on credentials platform, etc. (may develop recommendations for consideration by the Convention Committees on credentials, platform, etc.) C. Convention committees: (do they meet prior to convention? do they choose chairperson, parliamentarian? Will they have subcommittees?) D. Republican National Committee: (Selection of Convention officers, keynoter, etc. Will meet next on June 24.) E. Informal Groups: e.g. Congressional caucuses, Governors, Women delegates, etc. (Will they take stands on possible floor fights? Will they recommend persons for Convention offices?) III. Organizational Tasks to be Assigned Now: Our experience at prior conventions has taught us that detailed planning, organization and intelligence are critical elements for any successful operation at a convention. In addition to assigning specific responsibility for each of the areas of possible floor fights listed in Part (I) above and each of the GOP organizations listed in Part (II) above, our experience indicates that-responsibility for the following areas must also be assigned forthwith: 1. Information about Delegates and Alternates: Since delegates and alternates cast the votes at a convention, it is critical to know as much about each delegate and alternate as possible. Knowledge about uncommitted delegates is especially important. Names, addresses, alliances with other delegates, disputes on credentials, circumstances of loyalty and selection, Kansas City hotel accommodations, and other information must be assembled in a form (possibly on computers) which can be easily updated and will be readily accessible to the key operatives in the PFC's convention organization. Two examples should suffice to illustrate the importance of such intelligence. (a) Pennsylvania is sending 8th District Congressman Bud Shuster and Blair County Republican Chariman Cal G. Griffith, III as delegates to the National Convention. Without regard to Ford/Reagan or any great issues of the day, Shuster and Griffith are most uneasy with one FORD another. GENERAL LIBRATY -5- It is likely that their differences will have an effect on delegates from Central Pennsylvania since their differences have already had an impact on Blair County and 8th District Republican politics, and it is naive to think that they can be sublimated at the Convention. Both Shuster and Griffith are now Ford delegates, but one could easily be captured by Reagan if the PFC acts in a manner insensitive to the rivalry between the two. A good source of information relative to handling the Shuster/Griffith situation is State Senator Robert Jubilerer, a Ford supporter who, for reasons of his own, must steer the rocky waters between Shuster and Griffith. Certainly there are other similar circumstances in other states that require attention. They must be ferreted out before the Convention meets. (b) Delegates from Virginia's 10th Congressional District may be challenged--by the PFC or other delegates or outside groups. Two issues have been raised by the manner in which these delegates--who support Reagan--were selected: first, whether or not a local meeting of Republicans can require their representatives at county and district meetings to vote as a unit, and second, whether or not the failure of Party officials to provide, in the call of a local Party meeting, notice that the "unit rule" would be voted on invalidates the result of such a vote at that meeting. Both Party Rules and the laws of Virginia appear to be involved in resolving these issues. Mr. Richard Jones of Arlington is the Ford supporter with detailed knowledge of the circumstances If credential fights are to be successful-either in challenging Reagan delegates or defending Ford delegatés-- the type of research indicated earlier must be done now. Party Rules, for example, require that notice of credential challenges be filed 30 days before the Convention convenes (Rule 35). Resources available to aid in gathering information about delegates, particularly uncommitted delegates, include delegates already committed to Ford, Congressmen and party officials committed to Ford, information books assembled on delegates to previous Conventions, and groups who are already collecting information about 1976 delegates for their own purposes, such as the Chamber of Commerce, Federation of Republican Women, Unions, NEA, NAM, Republican Women's Task Force, Ripon, and so forth. -6- 2. Logistics: Logistics involve the timely provision of personnel, material, and information required for a Convention operation. Logistical problems which arise at a convention are legion, and therefore, it is important to have experienced personnel in charge of preparations for overcoming these problems. Among the most important logistical problems which can be anticipated are: (a) recruiting and supervising volunteers or salaried personnel for the Convention organization; (b) developing and outfitting a "control center"; (c) developing and maintaining a secure, rapid two-way communications system; (d) providing transportation throughout the Kansas City area; (e) providing a tracking system designed to keep the control center informed as to the whereabouts of important PFC operatives; (f) working with convention officials to assure proper access to the Convention floor, favorable convention seating arrangements, access to the microphones and so forth. (Note: floor passes are available for selected persons other than delegates and alternates; e.g. Governors' bodyguards, pages, etc.) 3. Liaison: It is important to name reliable liaison persons between the PFC's Convention organization and other key groups, including Convention officials, President Ford, the RNC, each state delegation, convention committees, formal GOP organizations, informal GOP organizations (e.g., governors, women), Reagan, and so forth. Such liaison will not only be helpful in gathering information on delegates and other matters, but also will be essential for conveying messages from the PFC Convention organization to these groups, for squelching false rumors and so forth. 4. Convention Organization: The organization of the PFC to date has been designed to win delegates in primaries and state conventions. A new emphasis or structure may now be required to develop and execute plans for the convention. For example, it may be advisable to appoint a convention chief (or whatever the title may be). It may also be advisable to establish - -7- - a field staff of floor managers and operatives, ( who may, in many cases, be the liaison personnel described in paragraph 3 above ) . 5. Budget and Media: New priorities must also be assessed now for media efforts and the campaign budget. SPEAKS AI 1140 Melio BY WESLEY G. PIPPERT PLAINS, GA. (UPI) -- JIMMY CARTER SAYS THE ALLEGED PRACTICE OF SOME BLACK PREACHERS POCKETING CAMPAIGN FUNDS -- AS SOME OF HIS APPARENTLY WERE POCKETED -- GREW HISTORICALLY OUT OF THE BLACK E CLUSION FROM THE POLITICAL PROCESS. CARTER WAS TO FLY TO WASHINGTON TODAY ON A ONE-DAY TRIP, TO SPEAK AT RALPH NADER'S PUBLIC CITIZEN FORUM AND TO MEET AT THE CAPITOL WITH CONGRESSIONAL COMMITTEE CHAIRMEN AND GROUPS OF DEMOCRATIC CONGRESSIONAL CANDIDATES. NADER, THE CONSUMER ADVOCATE, VISITED CARTER IN PLAINS DURING THE WEEKEND AND PRAISED THE DEMOCRATIC PRESIDENTIAL NOUINEE'S POSITION ON HEALTH, CONSUMER PROTECTION, ENVIRONMENT, ENERGY AND THE NEED TO DEVELOP NEW WAYS TO MAKE THE GOVERNMENT MORE RESPONSIVE. NADER SAID CARTER HAD THE BEST STANDS ON CONSUMER MATTERS OF ANY MAJOR PRESIDENTIAL CANDIDATE "IN RECENT DECADES." CARTER, IN TURN, CRITICIZED PRESIDENT FORD FOR NOMINATING MEMBERS OF THE NIXON-FORD WHITE HOUSE STAFF TO CONSUMER POSTS. CARTER SAID HIS APPOINTMENTS TO MAJOR REGULATORY AND CONSUMER PROTECTION AGENCIES WOULD BE "THE KIND OF PERSONS WHO HAVE AS THEIR PRIMARY INTEREST CONSUMERS THEMSELVES." CARTER TALKED TO REPORTERS IN HIS FRONT YARD SUNDAY AFTER CHURCH ABOUT ALLEGATIONS THAT HIS ORGANIZATION PAID CAMPAIGN FUNDS THAT WOUND UP IN THE POCKETS OF BLACK PREACHERS. THE LOS ANGELES TIMES REPORTED THAT CARTER STAFFERS HAD PAID OUT $5,000 IN STREET MONEY TO FOUR BLACK PREACHERS IN THE SAN FRANCISCO AREA BEFORE THE JUNE 8 CALIFORNIA PRIMARY. THE TIMES ALSO SAID IT HAD DISCOVERED INSTANCES IN THE FINAL CALIFORNIA, OHIO AND NEW JERSEY PRIMARIES WHERE CARTER CAMPAIGN FUNDS WERE SPENT IN BLACK COMMUNITIES WITHOUT THE REQUIRED RECEIPTS. CARTER SAID HIS CAMPAIGN HAD HELD RALLIES IN 15 TO 20 CHURCHES, ALMOST ALL IN THE BLACK COMMUNITY, AND HAD PAID SALARIES OF $25 TO $50 A WEEK, PLUS OTHER EXPENSES FOR HEATING, DISTRIBUTING LITERATURE AND CLEANUP. "THAT'S A COMPLETELY LEGITIMATE THING," HE SAID. "I DON'T HAVE ANY DOUBT," HE SAID, "THERE ARE THOSE WHO KEEP PART OF THAT MONEY, BOTH BLACK PEOPLE AND WHITE PEOPLE. THAT'S SOMETHING THAT'S ALMOST IMPOSSIBLE TO PREVENT." CARTER SAID HE DID NOT BELIEVE ANY OF HIS STAFF KNEW IN ADVANCE THAT ANY MINISTER WOULD KEEP THE NONEY. HE SAID HE HAD ISSUED STRICT ORDERS THAT HE DID NOT APPROVE OF THAT KIND OF ACTIVITY, AND THAT HE HAS ASKED CAMPAIGN TREASURER ROBERT LIPSHUTZ TO SEE IF THERE WAS ANY EVIDENCE OF WRONGDOING BY HIS STAFF. CARTER SAID THE DISCLOSURES HURT HIM FINANCIALLY BECAUSE HE CANNOT RECEIVE FEDERAL WATCHING FUNDS FOR UNSUBSTANTIATED EXPENDITURES. HE SAID THAT ONLY 4 TO 5 PER CENT, OR ABOUT $150, 000 OF HIS TOTAL SPENDING IN THE PRIMARIES, LACKED THE REQUIRED RECEIPTS. CARTER SAID THE CHURCH IS "A CENTER OF POLITICAL ACTIVITY IN BLACK COMMUNITIES. "THAT IS THE ORIGIN OF DR. MARTIN LUTHER KING'S INFLUENCE, WITHIN THE CHURCH STRUCTURE ITSELF. ALMOST BY DEFAULT, HISTORICALLY, WHEN BLACK PEOPLE WERE EXCLUDED TO PARTICIPATE IN WHITE PRIMARIES AND THE VOTING HABITS OF OUR SOUTHERN REGION, THEY'VE HAD TO TURN TO THE CHURCH FOR A CENTER FOR POLITICAL ACTIVITY. "AMONG AGGRESSIVE AND ENLIGHTENED LEADERS OF THE PRESENT DAY, PARTICULARY AMONG BLACK LEADERS, THEY'VE TRIED TO BREAK AWAY FROM THE OLD HABITS AND WE' VE TRIED TO COOPERATE WITH THEM AS MUCH AS POSSIBLE. "BUT I'M SURE THERE ARE CASES WHERE THIS HAS HAPPENED." SERVICE FORD LIBRARY d a czcvyxbyl PM-Carter, 350 firerhoto PAX1 By LYNNE OLSON Associated Press Writer PLAINS Ga. A - Jimmy Carter says his campaign cannot provide documentation to say how it has spent about $150 000. He made the statement Sunday after the Los Angeles Times published a story in which Carter's national administrator Paul hemmann: was quoted as saying the Carter campaign may have to return $150,000 of the $3 million in federal matching funds it has received because of financial reporting irregularities. Carter also said he was not personally aware of an incident cited by the Times, in which an Oakland Calif. minister claimed the Carter campaign had given a total of $5.000 to four black ministers in the Oakland-San Francisco Bay area for their support of Carter. But Carter said be believes some persons who had received campaign funds for legitimate purposes had occasionally pocketed the money. " " I don't have any doubts that somewhere in a massive campaign that's nationwide in scope. there are those who keep part of the money both black and white people " Carter said. "That's something that's almost impossible to prevent. "Obviously. it hurts me politically. **Weve tried to minimize this kind of campaign abuse in every way pôssible. All our leaders. both black and white, are thoroughly indoctrinated on the question of avoiding any source of abuse Carter said he has asked campaign treasurer Robert Lipshutz to investigate the allegations, and he promised he would release Lipschutz's findings to the press. Today Carter embarks on a week of speech-making. with a major consumér address in Washington to a group organized by Ralph Nader. After his speech to the Public Citizens Forum. the Democratic presidential candidate was scheduled to spend most of the afternoon meeting with congressional leaders and freshmen congressmen. He returns to Plains tonight. Nader traveled to Plains Saturday for a discussion of consumer issues with Carter. He said the consumer-related positions of the nominee were the best of any presidential candidate in recent decades. Carter said today's speech would largely consist of subjects which he and Nader discussed. 0752aED 08-09 tical Cash Sometimes 21 Carter Campaign rocketed, Carter Admits Los Angeles Times (8/9/76) There are always expenses to be taken care of. Also, quite often, mon- ey is allocated to black and white He Denies Knowing About Abuses, Confirms That leaders not only for those purposes $150,000 in Campaign Funds Is Unaccounted for but to distribute literature, to pay people for it. "I don't have any doubt that some- BY KENNETH REICH where in a massive campaign, nation- Times Political Writer wide in scope, that there are others PLAINS, Ga.-Jimmy Carter said Robert Lipshutz, Carter campaign who keep part of the money, both here Sunday that he had no doubt treasurer, said Sunday that the cam- black and white people, and that's that "on occasion" black ministers paign had spent a little more than $9 something that is almost impossible million in the primaries and received to prevent. and other persons paid by the Carter campaign to organize political rallies about $3 million in federal matching "We do suffer because of it, when and distribute pamphlets had pocket- funds. there is money spent and when ed some of the money. Carter's press secretary, Jody there's no substantiation afterwards Commenting on a Los Angeles Powell, said that a major effort was on how it is spent, then we don't get Times story Sunday that cited such under way, with the accounting firm matching funds for that purpose possible occurrences in the San Fran- of Arthur Young & Co. retained to Sometimes the money's spent legiti- cisco Bay Area, the Democratic pres- help in it, to reduce the amount of mately, but no records are kept and expenditures that were unaccounted ACTION ROUTING AND TRANSMITTAL SLIP 1 TO (Name, office symbol or location) INITIALS CIRCULATE Philip W. Buchen, Esq. Counsel to the President DATE COORDINATION The White House 2 INITIALS FILE (Via Messenger) DATE INFORMATION 3 INITIALS NOTE AND RETURN DATE PER CON - VERSATION 4 INITIALS SEE ME DATE SIGNATURE REMARKS Forwarded herewith are memoranda pre- pared in the Criminal Division concerning 18 U.S.C. § 602. copy 9/2 pent. n mabe Barry of original to N. me. FORD SEALE LIBRARY Do NOT use this form as a RECORD of approvals, concurrences, disapprovals, clearances, and similar actions. FROM (Name, office symbol or location) DATE Leon Ju Ulman 9/1/76 PHONE OPTIONAL FORM 41 GPO c43-16-81418-1 419-015 5041-101 AUGUST 1967 GSA FPMR (41CFR) 100-11.206 John C. Keeney May 1, 1972 Chief, Fraud Section CCD:lmc Criminal Division craig c. Donsanto Attorney, Election Unit Criminal Division 18 U.S.C. 602 The purpose of this memo is to review the legislative and case history of the above statute to ascertain whether it prohibits a candidate for Federal office from receiving a totally voluntary contribution from a person who 1s employed by the Federal Government which is sent to him personally rather than to his political committee. This review is necessitated by receipt of a letter from Congressman William Scott of Virginia in which Congressman Scott informed that he has personally received a letter from a lady living in Fairfax County in which she statos that she would like to work for Senator Scott's compaign for the Scnate but/1s precluded from doing so because she works for the Federal Government and that, therefore, she 18 enclosing a $10 contribution to show how much she thinks of him. 18 U.S.C. 602 reads ns follows: "Whoever, being a Senator or Representative in, or Delegate or Resident Commissioner to, or a candidate for Congress, or an individual elected as, Senator, Representative, Dolegate, or Resident Commissioner, or an officer or employee of the United States or any department or agency thereof, or a person receiving any salary or compensation for services from money derived of the Trcasury of the United States, directly or indirectly solicits, receives, or is any matter concerned in soliciting or receiving, any assess- ment, subscription, or contribution for any political purpose whatever, from any other such officer, employee, or person, shall be fined not more than $5,000 or imprisoned not more than three years or both." A litcral reading of this statute seems to indicate that it would in fact prohibit candidates for Federal office from receiving a totally voluntary contribution from a Federal employee, and at least one early District Court case seems to support this construction United States To Curtis, 12 F. 824 - 2 - (2d Cir. 1882). Although the Curtis case contains no precise statement of the facts involved, 1L does appear that the defendent moved to disniss an indictment under a predccessor of Section 602 on the grounds that the statute was ultra viros the constitutionally granted powers of Congress. His argument in support of this contention was that under Article 1, Section 8 of the Constitution, Congress lucked the power to legislate into the private lives of citizens even though they be Federal employees, and that, therefore, this statute was overreaching cince on its face it purported to prevent a candidate from receiving political contributions from Federal employees even though the contributions were made voluntarily. Addressing itsolf to this issue, the court hold that Congress did have the power to enact this statute, and the count issued the following pronouncement on the power of Congress to prohibit voluntary contributions: "It 10 insisted for the defendent that it is not within the Constitutional power of Congress to make the giving or requesting or receiving of a voluntary contribution for political purposes by subordinate Government officials a criminal offense. It will be observed, however, that the prohibition applics only when there is concerted action between between the officials in this behalf. We cannot affirm that Congress transcended its dis- cretion in prohibiting transactions between officials which create the relation of donor and dence, and introduce party interests into the public service; nor that Congress erred in assuming that the influence springing from this relationship and these interests should be discouraged CD liable to deDect the independence and impartiality which rust rule official intercourse If it 1c suggested that it is the right and duty of every good citizen to aid in promoting such political objects as he decms to be wise and beneficial, and that Congress has no Constitutional power to abridge that right, the answer in that no citizen 1s required to hold a public office 11 In Chort, what the court is saying here is that if Section 602 should be construed to apply to voluntary funds, Congress could constitutionally enact such legislation for the purpose of preventing the maintenance of an illicit relationship between donor and donee which would be detrimental to a politically independent civil service. - 3 - Be this as 1t may, 1t is my conclusion that it was the intention of Congress in enacting this statute that it apply only to prohibit the receipt of political contri- butions which had been obtained from Federal employees through the use of some form of coercion, and that in excrcising prosecutive discretion in these matters we ought to read coercion into this statute as a necessary element of the offense. This recommendation is predicated principally upon two factors: 1). the rather clear language in several cases decided after Curtis which indicate that the statute was intended by Congress to apply only to corrced contributions, and 2) the fact that every reported case litigated under this scction appears to have involved fairly acgravated situations of coercing subordinate employees to contribute to political causes. With respect to the first of these points, in the case of United States V. Murzbach, 280 U. S. 296 (1929), the United States Supreme Court held that Section 602 was within the power of Congress to enact, In DO doing the court strongly indicated that should be construed to apply only to the solicitation and receipt of cocrced contributions: "It hardly needs argument to show that Congress may provide that ito officers and employees neither shall exercise nor should be subjected to pressure for money for political purposes, or by others of their kind while they retain their office of employment." supra at 398-399. Emphasis added. Wurzbach 18 the only caso that the Supreme Court has ever decided construing this section, and I submit that its use of the word "pressure" in that part of the decision dealing with the statutes purpose strengly indicates Judicial recognition of the fact that some aspect of coercion 18 necessary before a case may be brought within the terms of the Statuto. So also in the case of United States V. Burleson, 127 F. Supp. 400 (D. Tenn. 1954), n District Court stated in passing upon the sufficiency of an indictment under Section 602: "Section 602 13 part of more comprehensive legislation (tho Civil Service Act of 1882). In reference to prior law on a portion of that legislation (18 U.S.C. 603), the Supreme Court has declared 1t as having for its purpose the the checking of n phlitical abuse. In every day language the abuse 10 called a shake down system - Section 602 does not undortake to protect every citizen who works on a Government - 4 - construction Job from the abuse of political squeeze. It does, however, intend to protect those who are employees or quasi employees of the Government and those in classes casily exposed to the abuse of courced political contributions." In the case of United States V. Riley, 74 F. Supp 210 (D.C. Ken. 1895), the court, in discussing the typo of transaction which this statute reaches continually rebrs to the statute as prohibiting the solicitation or receipt of "assessments". The ordináry meaning of the term "assessments" is a contributina which is given as a matter of duty, and which the person making has no discretion to refuse. Finally, I think it is notworthy that even in the case of United States V. Curtis the District Court for the Southern District of New York indicated in very procise language that the principal purpose of Congress in enacting What is now Section 602 was to prohibit the practice of extracting political contributions from Federal employees by the use of job pressure and moral coercion: "We cannot profess to be ignorant that this law was enacted in order to intordict practices which had become a topic of extended animidversion. But, although it may have been nimed at the suppression of the practice which has prevailed among party organizations of soliciting contributions for party purposes from among thoir office holding nembers, or extracting them by moral: coercion; and although its provisions may be well calculated to effect this object, it doos not follow that it can be sustained as a legislative means to that end." 12 F. 838. As for the second consideration, 1t 10 noteworthy that every case ever decided under this Section where the facts are disclosed by the court involved the application of some coercive force in order to induce the Federal employee in question to part with his money. In this regard, United States V. Rilcy, supra, and a related case arising out of the some facts, United States V. Scott, 74 F. Supp. 214 (D. Tenn. 1895), both involved a fund raising scheme in which supervisors in the Federal Revenue Service coerced political contributions to the Republican Party from their subordinates by threatening their Jobs. I/ Ao indicated previously, the court then went on to hold that the statuto was not ultra vires the power of Congress even if it should be construed to prohibit the colicitation or receipt of voluntary contributions from Federal employees, - 5 - In Brehm V. United States, 196 F. 2d 769 (D. C. Cir. 1952), & United States Congressman was charged with receiving contributions from a clerk in his office to help finance his campaign for re- election. As described in the decision, the contributions amounted to nothing more than a kickback since the Congressman had made it a condition of his clerk's employment that she return to him a designated portion of her salary for political purposes. In United States V. Burleson, supra, a Government subcontractor was charged with soliciting contributions from his employees by threatening them with dismissal if they did not give.2/ United States V. Cason, 39 F. Supp. 730 (W.D. La 1940), involved the solicitation of subscriptions to a party newspaper by a commis- sioner of Labor from subordinate employees of the Labor Department. As can be clearly seen, the above cases all involve some aspect of coercion, usually in the form of job pressure, by a superior employee upon a subordinate employee in order to induce the subordinate to contribute.3/ Based on the above considerations, it is my opinion that Section 602 applies only to the solicitation or receipt of contributions where some form of coercion is applied to the Federal employee contributing or being asked to contribute. Accordingly, in my opinion this Department should not recommend a case for prosecution under this Section where there is no indication that the contribution in question has been involuntarily given by the Federal employee through the ap- plication of some form of coercive pressure. Of course, whether such coercion is orais not present is a question of fact which must be determined on a case by case basis. However, I believe that it can be said with a degree of certainty that in the situation posited by Congressman Scott of the receipt of a contribution from a Federal employee who is in no way associated with the Congressman's office, and is not directly or indirectly subject to his supervisory control in her 2/ In this case the court eventually held that a Government sub- contractor was not a person receiving a salary from the Treasury, and was thus not subject to the prohibitions of Section 602. 3/ The cases of U. S. V. Wurzbach, U.S. V. Curtis, cited elsewhere in this memo, contain no statement indicating what facts they arose from. These account for all of the cases reported under Section 602, 18 U.S.C. - 6 - Federal job, and which was accompanied by a statement from the contributing employee that the contribution was being made out of admiration for the Congressman's political record, is not a coerced contribution as would warrant prosecution of the donee under Section 602.4/ In conclusion, it is noted that Section 602 limits the persons to whom its prohibition applies to a certain class, namely those who hold Federal office, are candidates for Federal office or who receive their salaries from the Treasury. In this regard, this section does not reach the activities of 2 members of a candidate's campaign committee who do not them- selves belong to this class, and the requirement that the solicitation or receipt in question have been a "knowing" one5/ would seem to protect a. candidate from being personally liable for any coersive activities of his campaign staff where he has isolated himself from their fund raising. activities to a sufficient degree that knowledge of their activities can not be imputed to him. However, it must be emphasized that Section 602 expressly prohibits those persons within its scope from soliciting or receiving "indirectly" However, in view of the fact that the contribution was made to the candidate personally rather than to one of his campaign committees, it should be noted that this Federal employee, herself, would be subject to administrative job action by the Civil Service Commission for violation of a regulation which permits Federal employees to contribute to campaign committees but prohibits them from giving directly to candidates. In addition, the contributing employee may also be in violation of 18 U.S.C. 607 which, when read literally, purports to prohibit Federal employees from giving political contributions to incumbent congressmen either directly or indirectly. Section 607 is treated in a separate memo. 5/ See: Brehm V. United States, Supra; and United States V. Cason, Supra, holding that to fall within Section 607 a solicitation or receipt. must have been effected with knowledge of the Federal employment status of the con- tributor. Where a solicitation or receipt is effected by a candidate "indirectly" through others, this would also appear to require that the candidate have had personal knowledge of the coersion being employed to generate the contributions. - 7 - as well as "directly; accordingly where a candidate can be shown to have been personally aware that his campaign staff has been engaged in a scheme to shakedown Federal employees on his behalf the candidate cannot, in my view, escape liability under Section 602 merely by relying upon the fact that the "contributions" were delivered to members of his campaign committee rather than to himself. The receipt of coerced contributions by a candidate through non-Federally employed under such circumstances would clearly constitute an "indirect" receipt within the meaning of this Section. Form DJ-130 (Bd. 4-26-59) UNITED STATES GOV NMENT DEPARTMENT OF JUSTICE Memorandum TO : Election Policy File DATE: June 2, 1972 FROM : Craig C. Donsanto CCD:mhh Attorney, Fraud Section Criminal Division SUBJECT: 18 U.S.C. 602 Ex Parte Curtis, 106 U.S. 371 (1882) The case of Ex Parte Curtis lends further support to the theory advanced in my earlier memo on section 602 to the effect that that section applies only to the receipt by Federal employees or candidates for Federal office of contributions from other Federal employees where there is some evidence that the contributions in question had been coerced through the application of either direct or indirect pressure. In this case, the Supreme Court upheld the constitutionality of a predecessor to both sections 607 and 602 which in effect purported to prohibit the handling of political contributions between Federal employees. The Court noted that this statute was within the power of Congress to enact, relying on Congress' interest in maintaining the impartiality of the Federal civil service. In reaching this conclusion, the Court seemed to take for granted that the statute was to be applied to prohibit the receipt of contributions only where there was evidence that some form of coercion had motivated the Federal employee to part with his money In this respect, the Court said: "A feeling of independence under the law conduces to faithful public service, and nothing tends more to take away this feeling than a dread of dismissal, If contributions from those in public employment may be solicited by others in official authority, it is easy to see that what begins as a request may end as a demand, and that failure to meet the demand may be treated by those having the power of removal as a breach of some supposed duty, growing out of the political relations of the parties. - 2 - Contributions secured under such circumstances will quite as likely be made to avoid the conse- quences of personal displeasure of a superior as to promote the political views of the contri- butor to avoid a discharge from the service, not to exercise a political privilege. The law contemplates no restrictions upon either giving or receiving, except so far as may be necessary to protect, in some degree, those in the public service against exactions through fear of person loss, " Supra at 374. Phil, I seem to be an intermediary for speaker requests. I sent the request to Mr. Spencer so I assume you would have suggested if I had called. Ed Wilson is quite an influential person in Southern California. Among other things he is the youngest person to serve as President of the Tournament of Roses and Rose Bowl. He also serves with me on the Executive Committee of the Bank Marketing Association -- the source of my request last week. Marty SEALE R. FORD LIBRARY OLD KENT BANK AND TRUST COMPANY NUMBER ONE VANDENBERG CENTER GRAND RAPIDS, MICHIGAN 49502 MARTIN J. ALLEN, JR. SENIOR VICE PRESIDENT DIRECTOR OF MARKETING 616 451-5278 September 8, 1976 Mr. Stuart Spencer President Ford Committee 1828 L Street, N.W. Suite 250 Washington, D.C. 20036 Dear Mr. Spencer: I am writing on behalf on my close friend and respected associate, Mr. Edward Wilson, Senior Vice President of United California Bank. SERVICE a. FORD LIBRARY Attached you will find a copy of his letter to me concerning his request for President Ford to appear before the Hollywood Radio and Television Society in October. Details can be found in his letter. Mr. Wilson will gladly provide any further information that you might find necessary. His telephone number is (213) 614-4394. I would appreciate it if you would communicate directly with Mr. Wilson at your earliest convenience on this matter. Thank you for your consideration. Sincerely, enc. cc: Philip W. Buchen Phil MJallenJu Martin J. Allen, Jr. in the Edward Wilson request list Row The over the a century plues of Banking Service maty UNITED CALIFORNIA BANK LOS ANGELES, CALIFORNIA 90017 EDWARD WILSON SENIOR VICE PRESIDENT DIRECTOR OF MARKETING August 31, 1976 Mr. Martin J. Allen, Jr. Senior Vice President Old Kent Bank & Trust Company One Vandenberg Center Grand Rapids, Michigan 49502 Dear Marty: I am a member of the board of directors of the Hollywood Radio & Television Society, an organization that meets for a Newsmaker Luncheon each month at the Beverly Wilshire or Century Plaza Hotel. The Society's 500 members are top executives involved with broad- casting, broadcast advertising, program and commercial production, or allied fields. Since 1960, HRTS has sponsored the annual Inter- national Broadcasting Awards which honor the "world's best" radio and television commercials. Last year, the competition drew some 3,500 entries from 47 nations. During the past season, our luncheon speakers included: Leonard Goldenson, chairman of the board of the American Broadcasting Companies, Inc.; FCC Chairman Richard Wiley; Arthur Taylor, president of CBS, Inc.; Kathleen Nolan, president of the Screen Actors Guild; Dinah Shore; Howard Cosell; Roone Arledge, and others. This season, the following speakers will be among those who will appear: Robert Wussler, president of CBS Television (September 20); the three network program chiefs (November 4); and NBC's Rose Bowl and Super Bowl sportscasters (January 5). We have held October open for the possibility of featuring a nationally prominent office seeker. Like most of the Society's board members, I would prefer to see President Ford use the occasion as a political platform rather than the Peanut King. All of the foregoing is by way of asking if you might be able to contact a member of the President's staff to determine if President Ford could schedule an address to the Hollywood Radio & Television Society on any weekday in October? My one assurance is that the media coverage would be disproportionately larger than the audience in attendance. Warm personal regards. Cordially, Ed Date 10/13/76 FOR Phillip Buchen FROM John Kwapisz PFC OR FOR APPROPRIATE HANDLING FOR YOUR INFORMATION I'm very concerned about this TO: Bob Teeter 10/]2/76 K of STATE FORD FROM: John Kwapisz LIBRARY RE: Media Campaign Since we are moving into the final phase of the media effort, and since I have had numerous ideas regarding our ad plans, I thought I would offer some of them to you now. Charlie has also encouraged me to offer my suggestions, Of course, the effort to convey the trustworthiness and the dependability of President Ford is an important part of the campaign. But people are unlikely to vote for him just because he is an honest, decent guy. We must press the attack on Carter, as we are beginning to do in the ads and elsewhere. Criticism should not only be leveled at his fuzziness and deception, but also about his poor record in Georgia (about which he deceives the voters) and his dangerous and irresponsible defense and foreign policy proposals. At the same time we need to continue establishing the positive image of the President. Unfortunately, I am afraid that too much of our effort in this regard has used image to convey image, rather than using substance to achieve the same end. The American people are tired of vagueness and image-making; they would like to see some substance which demonstrates leadership, achievement, and trust. With respect to President Ford, that substance exists, but we seem frequently unwilling to utilize it, not just in ads, but elsewhere. Yet the facts are there to back him up on leadership and initiatives for America's future. The President spoke about some of these initiatives in his Michigan speech, one of the few times, strangely, that I know of when they have been seriously mentioned, except for partially in the first debate. He talked about his proposals in the following areas: jobs; inflation; increasing home ownership; catastrophic health insurance; reform/consolidation of federal health programs (read: reorganization and cutting the federal bureaucracy--there is more of this which has not been publicized) ;reform in federal aid to education (again, consolidation and revenue sharing, which is doing something about the mess and waste in Washington); tax credits for tuition to private schools; anti-crime legislation; expanded national parks. Some of these issues are sexy; some are not. Most have been proposed to Congress, which has failed to act. Taken as a whole they form a rather nice pro- gram, and one that blunts some of Carter's appeal, particularly his frequent charge that Ford "has not taken the leadership in proposing a single program as far as I know to alleviate our problems." (Readers' Digest, Oct. 76) A nice ad could easily be done on this. In general, I think there are several major areas that we need to hit with ads, including Ford-Carter comparisons. The major ones are: Inflation-the Economy, Taxes, Defense, and the Carter Recod in Georgia. More on this later. I also have what I think are some good ad lines and punch lines, which I will get to you soon. Campaign THE WHITE HOUSE WASHINGTON Ask Barry to prepare memo for me. J. THE WHITE HOUSE WASHINGTON October 28, 1976 MEMORANDUM FOR: PHIL BUCHEN FROM: JACK MARCH It has been suggested that the President send the accompanying telegram to the individuals set out on the attached. This has been done in the past. The question is who should pay for the same. I assume it would have to come out of the PFC. MEMORANDUM THE WHITE HOUSE WASHINGTON October 28, 1978 NK: Text of suggested night letter from the President to: 1. 128 House Republican Incumbent candidates 2. 3. 100 House key challenger candidates (as designated by Rep. Cong. Camp. Cmte) 30 Senate candidates (incumbents & challengers) "Congratulations for a fine campaign and best wishes for your election on November 2. I would appreciate a report from you on Election Night. Call A.C. 202-456-1414 and ask for the House/Senate Liaison Office. I will be receiving reports from them. With warm regards. /s/ Gerald R. Ford Query -- who pays? vo Republican National Committee. October 28, 1976 To: Richard Cheney Edward Schmults From James N. Juliana, Director, Ballot Security J. Michael Farrell, PFC Liaison Subject: ELECTION DAY CONTACTS Pursuant to your request, we have prepared the following out- line of the headquarters staff and contact points in the target states as follows: James N. Juliana, Director, Ballot Security Project Integrity - 1976 1828 L Street, N.W. Washington, D.C. 20036 Toll free (800) 424-9811 or (202) 457-6600 (10th floor switchboard PFC) (202) 457-6400 (2nd floor switchboard PFC) J. Michael Farrell, Volunteer Counsel President Ford Committee 1828 L Street, N.W. Washington, D.C. 20036 (202) 457-6634 Robert P. Visser, General Counsel President Ford Committee 1828 L Street, N.W. Washington, D.C. 20036 (202) 457-6424 T. Timothy Ryan, Asst. General Counsel R. President Ford Committee 1828 L Street, N.W. GERAL FORD Washington, D.C. 20036 (202) 457-6424 Dwight D. Eisenhower Republican Center: 310 First Street Southeast, Washington, D.C. 20003. (202) 484-6500. - 2 - Legal Task Force Frank H. Strickler ) Co-Chairmen Robert F. Sagle ) 1828 L Street, N.W. Washington, D.C. 20036 (202) 457-6600 (10th Floor Switchboard) (202) 457-6400 (2nd Floor Switchboard) CRITICAL STATES Arizona Ronald W. Carmichael, Chairman, Ballot Security 40 East Thomas Street, Suite 100 Phoenix, Árizona 85012 (602) 248-8484 California Dave Liggett Executive Director, PFC Century Plaza Hotel Los Angeles, California (213) 277-2000 Florida Steve Reynolds, Chairman, Ballot Security 933 Frankland Road Tampa, Florida (813) 251-9315 Illinois Roy Kullby, Chairman, Ballot Security Travelodge Motel, Rooms 348-350 (312) 281-1451 or (312) 644-0370 or 0371 Indiana Don A. Tabbert, Chairman, Ballot Security Convention Center Indianapolis, Indiana (317) 632-7378 or (317) 632-8165 Kentucky Lowell Reece, Executive Director, PFC 309 College Street Somerset, Kentucky 42501 (502) 459-4670 - 3 - Maryland Herman Intemann, Executive Director, PFC 1623 Forest Drive Annapolis, Maryland 21401 (301) 268-7470; (301) 224-7268; (301) 261-8250 Michigan John Hathaway Chairman, Ballot Security (313) 662-4426 (313) 663-4897 s (313) 994-4657 Missouri Wayne Millsap Danforth Senatorial Campaign Committee President Ford Committee 7777 Bonhomme, Suite 23300 Clayton, Missouri 63105 (314) 726-6545 New Jersey John Whaley, Director, Ballot Security Essex County Republican Headquarters 622 Bloomfield Avenue Bloomfield, New Jersey (201) 429-7540 or (201) 429-7545 New Mexico Jim Manatt Executive Director, PFC Hilton Inn Albuquerque, New Mexico (505) 243-8661 North Carolina Ted Heydinger, Executive Director Royal Villa Motor Hotel, Hospitality Suite (919) 782-4433 or (919) 821-5021 Ohio Charles E. Shanklin, Counsel 100 East Grand Street Columbus, Ohio 43215 (513) 826-4121 - 4 - Pennsylvania J. Michael Willmann Director, Ballot Security PFC Philadelphia, Pennsylvania (215) 546-8610 or (215) 546-8611 Texas C. J. (Neil) Calnan, Chairman, Ballot Security President Ford Headquarters 3 1011 Congress, Suite 520 Austin, Texas 78701 (512) 477-9821 THE WHITE HOUSE WASHINGTON November 4, 1976 MEMORANDUM FOR: PHIL BUCHEN FROM: MAX FRIEDERSDORF m.b SUBJECT: Voter Irregularity We just received a call from New Orleans. There is a front page story running in the NEW ORLEANS TIMES-PICAUYNE about the vote in Orleans Parrish, which cast 217,061 votes. There are only 216,000 registered voters in that parrish, and it is estimated that 65% of those registered voted, or approximately 140,000. Orleans Parrish votes for electors, rather than candidates, and the totals were: 87,581 for Carter, 66,612 for Ford, for a total of 154,193, with the balance going to others. The discrepency between the number of votes cast, 217,061, and the estimated number of voters, 140,000, is approximately 77,000 which is about the vote by which the President lost the State of Louisiana. CC: Jack Marsh Dick Cheney Ed Schmults STATE FORD LIBRARY THE WHITE HOUSE WASHINGTON November 5, 1976 MEMORANDUM FOR: JACK MARSH DICK CHENEY PHIL BUCHEN FROM: MAX FRIEDERSDORF w-6 SUBJECT: Voting Irregularities I have had a number of calls concerning vote fraud, etc. I don't know how much of this is accurate, but I would feel remiss if I did not pass along the information. One report from Roger Barth, a local attorney of repute (phone 833-2266) is that Governor Rhodes of Ohio called the President and offered to go to the mat in Ohio on a recount. Barth said he had tried to call Visser at PFC, to no avail, and Barth said he would take a team of lawyers and fly them out on a moment's notice. Barth said that a recount in New York would gain 100,000 to 150,000 votes and there are still 600,000 uncounted absentees which would be mostly Republican. Barth said the New York, Ohio and Louisiana situations, and possibly Mississippi offer opportunities to reverse the election. Barth believes the President does not have to get involved but local and PFC officials could contest these elections. We shouldn't be scared off, Barth concluded, because of the divisive argument. Better a little divisiveness than four years of Carter. CC: Ed Schmults CENTER THE UNITED