THIS IS the END of MUR #. J9(2R
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9 I FEDERAL ELECTION COMMISSION 1325 K SIREET NW. WASHINGTOND.C. 20461 THIS IS THE END OF MUR #. j9(2r 'l fLUUtov d 4 0 BEFORE THE FEDERAL ELECTION COMMISSION In the Matter of ) ) MUR 561 Rural Coloradoans for Carter- ) Mondale ) Shriver for President Committee ) CERTIFICATION I, Marjorie W. Emmons, Secretary to the Federal Election Commission, do hereby certify that on July 17, 1978, the Commission approved by a vote of 4-0 the recommendation in the General Counsel's Report dated July 11, 1978 to take no further action against Rural Coloradoans for Carter-Mondale and the Shriver for President Committee because both committees have filed Year End Reports. Commissioners Aikens, Harris, Springer and Staebler returned their papers by the deadline. Date: ./rjorie W. Emmons Secretary to the Commission Received in Office of Commission Secretary: 7-12-78, 2:36 Circulated on 48 hour vote basis: 7-13-78, 9:00 4 • BEFORE THE FEDERAL ELECTION COMMISSION In the Matter of ) ) MUR 561 Rural Coloradoans for Carter- ) Mondale ) Shriver for President Committee ) CERTIFICATION I, Marjorie W. Emmons, Secretary to the Federal Election Commission, do hereby certify that on July 17, 1978, the Commission approved by a vote of 4-0 the recommendation in the General Counsel's Report dated July 11, 1978 to take no further action against Rural Coloradoans for Carter-Mondale and the Shriver for President Committee because both committees have filed Year End Reports. Commissioners Aikens, Harris, Springer and Staebler returned their papers by the deadline. Date: rjorie W. Emmons Secretary to the Commission Received in Office of Commission Secretary: 7-12-78, 2:36 Circulated on 48 hour vote basis: 7-13-78, 9:00 . ,k ,'qi' ; #4 S$ F: 4. 444 rtmorJAeDUua TO: Mc. ~ C~ fl1islta, T. Gakt~r Y SIUBJBCT-"2 IM ' - Vleas*'h #1 .the - 44 ""V A-*hu basif - 4.4 Thaflk you., . .,., -. BEFORE THE FEDERAL ELECTION COMMISSION in the Matter of ) Rural Coloradoans for Carter- ) MUR 561 Mondale ) Shriver for President Committee ) GENERAL COUNSEL'S REPORT Background On April 4, 1978, the Disclosure Division referred to the Office of General Counsel the names of four presidential committees which failed to file 1977 Year End Reports. The Ccmmission voted to take no further action against the Martha Evert Write In Committee and the Student Action Committee and to defer action against the Shriver for President Committee and Rural Coloradoans for Carter-Mondale. Analysis A. Rural Coloradoans for Carter-Mondale According to a telecon memorandum from Reports Analysis, Mr. Knous, the Chairman of Rural Coloradoans for Carter-Mondale, had been contacted by telephone and had been sent the FEC forms required for filing. A follow-up phone call was made by an OGC staff member requesting that a Year End Report be filed within ten days. Mr. Knous said that Mr. O'Rourke, also associated with the committee, would fill out the report and send it in within ten days. 0 0 -2- After the ten day deadline has passed, a call was received from Mr. O'Rourke. Mr. O'Rourke asked specific questions as to how the receipts and expenditures should be reported. It sounded as if Mr. O'Rourke were filling out the reports during the conversation, however, no report was received from him. On June 14, 1978, Mr. O'Rourke was contacted again by telephone. He was told that a recommendation would be made to the Commission within five days and that a report should be filed by then. On June 19,1978, a termination report was received from the Committee. B. Shriver for President Committee Because neither the reason to believe nor the reasonable cause to believe notice was accounted for, a telephone call was made to Alan Spatz of the Shriver for President Committee. Mr. Spatz said that he had sent in a Year End Report, but if it had not been received, he would send in the copy of the report which he had in his files. No report was received and attempts to contact Mr. Spatz by telephone failed. Mr. Sudow, an attorney for the Shriver for President Committee, was called on June 8, 1978. In a three-way conversation with Mr. Sudow, Mr. Spatz, and an OGC staff member, Mr. Spatz insisted that after he had received the last telephone call regarding the Year End Report, he had left the copy of the report in an envelope addressed to Joanne McSorley with the receptionist on the fifth -3- floor of the commission. However, Ms. McSorley stated that she received an April 10 Report, not a Year End Report. A letter was sent to Mr. Sudow on June 12, 1978 (see Attachment I) requesting that a report be filed within five days. The letter was delivered on June 14, 1978. On July 5, 1978, we were informed by Joann McSorley that the Reports Analysis Division had received the copy of the Year End Report on June 16, 1978 (see Attachment II for the report). The report is dated January 9, 1978 and is a xerox copy. This copy is presumably the one which Mr. Spatz said he had in his files and would send to the Commission since the original had not been received by the Commission earlier this year. Recommendation It is recommended that the Commission take no further action against Rural Coloradoans for Carter-Mondale and the Shriver for President Committee because both committees have filed Year End Reports. Da/ e William C. Oldaker General Counsel 0 0 FEDERAL ELECTION COMMISSION 1325 K SIREET N.W 20463 WASNqN(AON,D.C. June 12, 1978 CERTIFIED MAIL RTN EITREQUESTED SudOw Mr. William N.W. Hampshire Avenue, 600 New 20037 Washington, D.C. Re: MUR 561(78) v%,=~- MVY. sudow: As you requested in your telephone conversation are providing of this office, we with a staff member On February 15, the following information. union to the you with sent out va Western 1978, a notice was indicating that the shriver for President Committee commission had found reason to believe the Committee failure to file the may have violated 2 U.S.C. §434 for 1977 Year End Report. The notice of the reasonable cause to believe finding was sent on March 8, 1978. notices were sent to the Shriver for President Both D.C. committee, Alan SpatZ P.O. BOX 2000, Washington, 20013. AlsO, on March 27, 1978, a list of Year End the Commission which non-filers was published by included the shriver for President Committee. We and the list of the mailgrams attached copies '7 have in March. of non-filers published has stated that the 1,, Even though Mr. Spatz has no filed, the Commission Any End Report was of this report. Year ever receiving a copy report record of that you have evidencing that the information otherwise the Commission was filed would be appreciated, proceedings. In any with its enforcement the will continue if you would file be appreciated of the it would to the attention event, Report marked 1977 Year End ._13* I. t#jj(A4 u4k- 2 Office of General Counsel within s of your receipt of this letter. : ~ ~Sincerel,0 j William . 0 daker Genera Counsel Enclosures N - ' . i2. nd *SENDER CompleteItem; on Add your address in the "RETURN TO'."space o. I , servc Isrequested (check one). h w o o'hornl,,hon date,and dateand addressdelivered of ........ delivery.. € T)TID DILIVERY o ' 0111And date delivered .......... .-0 RES (IE ELIVERY. w4 horn. date, and address of delivery. I LT POSTMASTER FOR FEES) .A2a- Ak D ESSED TO: ARII R PTION: NO. INSURED NO. REGISTER. CERTIFIED of addresse or agent) - (Alws obtain signature - p ceiv the article described aye. cd agen '~IIA \cA %se LiAtho. c/4. POSTMARK Z . ADDRESS (Complete only it requested) 6 UNABLE~EINITIAS TO DELIVER BEC-CLERK'S SGPO:19770-234-337 NEWS FROM... AL4 I IM 1325 K Street, N.W.,Washington, D.C. 20463 RELEASE: ON RECEIPT CONTACT: DAVID FISKE (202) 523-4065 FEC PUBLISHES LIST OF 1977 YEAR-END REPORT "NON-FILERS" names of 203 WASHINGTON - March 27 - The Federal Election Com=ission today published the from Federal candidates, their principal campaign committees, and other political committees states and the District of Columbia, which failed to file 1977 year-end campaign finance reports. NOTE: The list of 1977 year-end "Non-Filers" follows: All federal candidates without personal reporting waivers, their principal campaign com- finance mittees, and all other political committees were required to file a 1977 year-end the year report by January 31, 1978, regardless of the amount of money raised or spent during end of the yE Committees active during 1977 which had filed a termination report prior to the were exempt. that "it The Federal Election Campaign Act of 1971, as amended in 1974 and 1976, states report shall be the duty of the Commission to... prepare and publish from time to time special listing those candidates...fcr whom...reports were not filed as so required." undertal In addition to publishing the names of non-filers, the FEC has the authority to and impositic further enforcement action under the statute, including civil court enforcement of civil fines ($5,000 for "any violation" and $10,000 for a "knowing and willful violation.' Under FEC procedures, three notices are sent to the candidates and committees reminding follow- them of their reporting obligations, and urging compliance. If a report is not filed these notices, the names of all "non-filers" are made public. "Prior notice" is the first reminder sent on a routine basis prior to the filing date, t Secreta all candidates on election ballots in their respective states, as certified by their of State, and confirmed by lists with the Clerk of the House and the Secretary of the Senate and to all other candidates and political committees registered with the Co=ission.