FEDERAL ELECTION COMMISSION E·
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FEDERAL ELECTION COMMISSION e· May 1988 009 E Street NW Washington DC Volume 14. Number 5 FEC APPROVES MATCHING FUNDS FOR PRESIDENTIAL CANDIDATE Lyndon H. LaRouche, a Democratic candi date, was declared eligible to receive primary matching funds for his 1988 Presidential primary campaign. After finding LaRouche eligible, the FEC TERMINATES MATCHING FUND Commission certified his first payment to the ELIGmlLITY FOR EIGHT CANDIDATES U.S. Treasury on March 24, 1988. This certifica- During recent months, the Commission deter tion, supplemented by certifications to eight mined that four Republican candidates and four other eligible candidates on March 30, raised to Democratic candidates were no longer eligible for $48,101,890.40 the total amount of payments the primary matching funds under the Presidential agency had certified to the Treasury by the end Primary Matching Payment Account. The of March. candidates became ineligible for primary match The summary chart below provides cumula ing funds when each candidate announc:d publicly tive information on certifications of primary that he would no longer actively campaign for his matching funds made to fifteen eligible Presi party's Presidential nomination. II CPR 9033.5 dential candidates between January I and March (a)( I). The chart below lists each candidate and 30, 1988. The chart also indicates the most his date of lneligiblity, recent certifications.made to eligible candidates. The Presidential primary candidates listed During 1988, an eligible Presidential candi below became ineligible for public funds on the date may submit requests for primary matching date each candidate ceased to be an active funds on the second and fourth Mondays of each candidate for the Presidency. Under FEe rules, a month. The Commission will certify a percentage candidate may also become ineligible for public of the amount requested within one week of funds 30 days after the candidate receives less receiving a request. The federal government will than 10 percent of the votes in two consecutive match up to $250 of an individual's total contribu- primaries (the "10 percent rule"). II CFR 9033.5. A candidate's actual ineligibility date is based on continued on p: 2 which of the two dates occurs first. SUbject to certain requirements, ineligi~le candidates may, however, continue to receive primary matching funds to retire outstanding campaign debts incurred before the last day of eligibility and to pay for costs of winding down their campaigns. See II CFR 9034.5. TABLE OF CONTENTS PUBLIC FUNDING 1 Termination of Matching Fund Eligibility Candidates Ineligible for I Matching Fund Certifications Primary Matching Funds SPECIAL ELECTIONS Candidate Ineligiblity Date 2 New Jersey Babbitt, Bruce (D) February 18, 1988 3 ADVISORY OPINIONS Dole, Robert (R) March 29, 1988 DuPont, Pete (R) February 18, 1988 COURT CASES Gephardt, Richard (D) March 28, 1988 6 Creditors' Claims Against '84 Hart Campaign Haig, Alexander (R) February 12, 1988 Vacated Hart, Gary (D) March II, 1988 7 Common Cause v. FEC (Third Suit) ·e Kemp, Jack (R) March 10, 1988 8 FEC v. Dominelli Simon, Paul (D) April 7, 1988 May 1988 FEDERAL ELECTION COMMISSION Volume 14, Number 5 continued from p. 1 NEW JERSEY SPECIAL ELECTIONS tions to an eligible candidate. Contributions from On June 7, 1988, New Jersey will hold a political committees are not matchable. (See 26 special primary election in its third Congressional U.S.C. 559034 and 9036 and 11 CFR 9034 and District to fill the seat vacated by the death of 9036.l(b) and 2(a).) Representative James J. Howard. A special gene ral election ~i1l be held on November 8, 1988. Primary Matching Fund Political committees authorized by candi Certification Activity* dates (candidate committees) who are participa ting in these special elections must file the appro priate pre- and post-election reports. The report Candidate Amount Total Amount ing schedule will depend on whether the candidate Certified Certified participates in one or both elections. (See below.) March 30 All other political committees which support candidates in the special election{s) must also Babbitt (D) $ 870,134 follow the reporting schedule for the special elec Bush (R) $557,185 7,416,634 tion(s). Note that monthly filers supporting can Dole (R) 469,055 7,073,409 didates in the special elections should continue to Dukakis (D) 254,387 5,938,501 file on their monthly schedule. (See the monthly DuPont (R) 2,300,502 filer chart on p. 3 of the January 1988 Record.) Fulani (Ind.) 307,225 Gephardt (D) 286,176 2,626,873 Gore (D) 117,312 2,657,854 Candidates Running Only in Primary Election Haig (R) 484,622 Hart (D) 1,122,282 Jackson (D) 450,547 1,498,085 Report Period Register- Filing Kemp (R) 4,506,455 Covered ed/Certi- Date LaRouche (D) 100,000 tied Mail Robertson (R) 307,767 8,446,100 Date* Simon (D) 115,347 2,753,214 Pre-primary 4/1-5/18 5/23 5/26 July quarterly 5/19-6/30 7/15 7/15 Candidates Running in Primary and General Elections Report Period Register- Filing Covered ed/Certi- Date fied Mail Date* Pre-primary 4/1-5/18 5/23 5/26 July quarterly 5/19-6/30 7/15 7/15 October quarterly 7/1-9/30 10/15 10/15 Pre-general 10/1-10/19 10/24 10/27 Post-general 10/20-11/28 12/8 12/8 ... Reports sent by registered or certified mail must be postmarked by the mailing date. Reports .. mailed first class or hand delivered must be *AS or March 30, 1988. , received by the filing date. 2 May 1988 FEDERAL ELECTION COMMISSION Volume 14, NumOOr 5 AO 1988-1: Activity to Influence Delegate Selection After Presidential Primary After FLorida's Presidential primary on March 8, Congressional district caucuses were scheduled for March 26 to select delegates pledged to ADVISORY OPINION REQUESTS Democratic primary candidates at the Democra The following chart lists recent requests for tic National Convention. (The number of dele advisory opinions (AORs). The full text of each gates pledged to each Democratic candidate was AOR is available to the public in the Commis based on the candidate's share of primary votes in sion's Office of Public Records. each Congressional district.) Since the caucuses directly select delegates to the Democratic Na AOR SUbject tional Convention, the activities of individuals 1988-13 Campaign funds used to pay portion of who seek selection as delegates and of delegate apartment rent in building owned by committees are subject to the FEC's delegate candidate. (Date made publics March selection regulations. See 11 CFR 110.14. 11, 1988 ; Length: 2 pages) Mr. Rand Hoeh, an unpaid coordinator for Governor Dukakis' primary campaign in two Flori 1988-14 Joint PAC established by two corpora da Congressional districts, sought nomination as a tions; affiliation of corporations. Dukakis delegate in one of these districts. Mr. (Date made publics March 11, 1988; Hoch also directed the campaign activities of Length: 2 pages, plus 6-page delegate committees formed by individuals who supplement) sought selection as Dukakis delegates from the two districts. A number of his proposed activities 1988-15 Corporate sponsorship of voter educa would result in contributions to Dukakis, as des tion program for children, e.g., voter cribed below. guide, broadcast of Presidential candi date interviews. (Date made public: Delegate Committees as Political Committees March 17, 1988; Length: 2 pages) Under the delegate selection regulations, a delegate committee formed by individuals who 1988-16 Membership organization PAC's pro sought selection as Presidential delegates in the gram to support candidates through Florida caucuses would become a political com independent expenditures and partisan mittee if the committee received contributions or communications to members. (Date made expenditures in excess of $1,000. Once it made public: March 28, 1988; Length: became a political committee, a delegate com 12 pages) mittee would be SUbject to the election law's registration and reporting requirements and its 1988-17 Corporation's marketing and sale of limits on contributions. 11 CFR llO.14(g). medallions depicting candidates and national nominating conventions. Delegate Committee Communications (Date made public: March 31, 1988; When a communication employs public politi Length: 10 pages) cal advertising to expressly advocate the election or defeat of a clearly identified candidate, the 1988-18 Liability of union for federal election communication must include a disclaimer notice contributions made from its donations indicating the sponsor and whether the candidate to local party organization and non authorized the communication. 2 U.S.C. §441d; federal candidates. (Date made pub 11 CFR 110.11. Although the three types of lic: April 8, 1988; Length: 2 pages) com munieations planned by the Dukakis delegate committees would refer to his Presiden tial campaign, two types-palm cards and phone banks--would not have to include a disclaimer notice because they would not involve general public political advertising. However, a third type-a direct mail piece-was an example of The Record is pUbli.sh~d by the Federal Election Commission, 999 E Street, N. W., Washington, D.C. 20463. Com missioners are: Thomas J. Josefiak, Chairman; Danny L. McDonald Vice Chairman; Joan Aikens; Lee Ann Elliott; John Warren McGarry; Scott E. Thomas; Waiter J. Stewart, Secretary of the Senate, Ex Officio; Donna1d K. Anderson, Clerk of the House of Representatives, Ex Officio. For more information, call 202/376-3120 or toll-free 800/424-9530. (TDD For Hearing Impaired 202/376-3136) 3 May 1988 FEDERAL ELECTION COMMISSION Volume 14, Number 5 public political advertising. Consequently, the and the filing of statements and reports for the piece would have to include a disclaimer notice if delegate committees by Mr.