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March 1980 Record

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March 1980 Record THE FEDERAL ELECTION • COMMISSION 1325 KStreet N.W., Washington, D.C. 20463 Volume 6, Number 3 March 1980 FEC RELEASES FIRST REPORT ON SPECIAL ELECTION SELECTED 1980 PRESIDENTIAL CANDIDATES IN PENNSYLVANIA On January 25, 1980, the FEC released its first statisti­ A special general election will be held in Pennsylvania on cal report on the financial activity of all Presidential earn­ April 9, 1980. The principal campaign committees of all paigns which have exceeded $100,000 in total receipts or candidates involved in that election will receive a special disbursements (FEe Report On Financial Activity, 1979­ notice from the FEC on their reporting requirements and 1980, Interim Report No.1, Presidential Pre-Nomination filing dates. All other committees supporting candidates in Campaigns!. The Report, first in a series to be published the special election in Pennsylvania should contact the monthly during the primary season, also includes inforrna­ Commission for information on required reports. Informa­ tion on all draft movements above the $100,000 level. tion may be obtained by calling 202/523-4068 or toll-free The Report covers the financial activity of 13 Presidential 800/424-9530. campaigns from their inception through September 30, 1979, and provides a complete breakdown of both receipts NEW PROCEDURES FOR ($17.7 million) and disbursements ($15.1 million). Addi­ SPECIAL ELECTION REPORTS • tional tables show further detail: The 1979 Amendments to the Federal Election Cam­ Contributions from individuals are categorized by dollar paign Act require the Commission to establish filing dates amount. For each category the Report shows the num­ for required reports within five days of the setting of the ber of contributions, the aggregate value of those con­ date for a special election. The Commission is also required tributions and the percentage of all individual contribu­ to publish the dates and notify the principal campaign tions which they represent. committees of all candidates involved in the special election Itemized individual contributions over $100 are cate­ of those reporting dates. To implement the amendments, gorized on a state-by-state basis to show the number and the Commission adopted procedures on January 31, 1980 value of such contributions which a campaign received (Agenda Document 80·421, which state that: from a given state and the percentage of all contribu­ 1. The Reports Analysis Division will identify the dates of tions which they represent. PAC contributions are presented according to political all special elections and, within 48 hours after each committee type (e.g., corporate, labor, etc.) and the date identification, will establish filing dates for required on which the contribution was received. reports, subject to the Commission's approval; Matching fund activity is listed. 2. Within one day of the Commission's approval of the Expenditures subject to limits and the state-by-state filing dates, a notice will be prepared by the Office of spending limit figures are included in the Report, but are General Counsel for publication in the Federal Register incomplete for 1979. As more campaigns enter the and matching fund process, more complete information will 3. The Information Division will send a prior notice to all" be available in future reports. principal campaign committees registered for the special election and to all individuals listed on the special The monthly reports will provide a broad overview of ejection ballot. all financial activity at the Presidential level throughout the entire primary season. Copies of the January. Report are available, at $2.50 per copy, from the Commission's Office of Public Records, 1325 K Street, N.W., Washington, D.C. .- 20463; or telephone 202/523-4181, toll-free 800/424­ 9530. CORRECTION 1980-7 Contributions by state bank, 1/25/80 2 The "Monthly Reports" chart on page 7 of the February a wholly-owned subsidiary of a federallY chartered corporation Record contained incorrect dates for the periods covered to candidates for state office. by the pre-election and post-election reports. The corrected chart appears below. 1980-8 Transfer of funds from 1130/80 federal to state PAC. 1980·9 Fundraising letter as 2/4/80 independent expenditure. • MONTHLY REPORTS 1980·10 PAC'scompliance with 1979 2/6/80 amendment requiring identifi- Month Period Covered Filing Date cation of connected organization in name of separate segregated February 1/1 -1131 February 20 fund. March 2/1 : 2/29 March 20 April 3/1 - 3/31 April 20 1980-11 Contributions made in 2/11/80 May 4/1 - 4/30 May 20 spouse's name drawn on June 5/1 - 5/31 June 20 individual's soreaccount. July 6/1 - 6/30 July 20 August 7/1 - 7/31 August 20 1980·12 Several Questionson appllca- 2/11/80 3 September 8/1 - 8/31 September 20 tion of Act to Congressional October 9/1 - 9/30 October 20 campaign. Pre-Election 10/1 ·10/15 October 23 Post-Election 10/16 -11/24 December4 ADVISORY OPINIONS: SUMMARIES Year-End 11/25 - 12/31 January 31, 1981 An Advisory Opinion (AD) issued by the Commission provides guidance with regard to the specific situation described in the AOR. Under the 1979 amendments to the Act, any person may request an AO on a specific activity which the person intends to undertake. The requester will not be subject to any sanctions under the Act if he/she acts in accordance with the opinion. Other persons may rely on the opinion if they are involved in a specific activity which is indistinguishable in all material aspects from the ADVISORY OPINION REQUESTS activity discussed in the AD. Those seeking guidance for Advisory Opinion Requests (AOR's) pose questions on their own activity, however, should consult the full text of the application of the Act or Commission Regulations to the AD and not rely only on the summary given here. specific factual situations described in the AOR, The following chart Iists recent AOR's, with a brief description AD 1979-66: Notice in Trade of the subject matter, the date the requests were made Association's Publications • public and the number of pages of each request. The full The Associated General Contractors of America (the Asso­ text of each AOR is available to the public in the Commis­ ciation), a trade association, may publish in two of the sion's Office of Public Records. Association's publications a notice regarding the financial activity of its separate segregated fund, AGC-PAC. One of Date Made No. of the publications is circulated to nonmembers as well ADR Subject Public Pages as members; the other is circulated to members only. Since the notice does not encourage readers to support AGC-PAC 1980·3 Newpolitical party's status 1/15180 6 activities or provide information on how they may contrib­ as a national party committee. ute to AGCPAC, the notice does not constitute a "solicita­ 19804 Legal services donated to 1/15/80 4 tion" under the Act. (The Act specifically restricts "solici­ Presidentialcommittee for tations" by a separate segregated fund to the membership defense in civilsuit. of its sponsoring association. 2 U.S.C. §437f.) Chairman Robert O. Tiernan and Commissioner Thomas E. Harris 1980-5 Application of the Act to 1/15/80 expenses of delegates to filed a dissenting opinion. (Date Issued: January 30, 1980; national nominating conven- Length, including dissent: 3 pages) tion of Democratic party. AD 1979-67: Teacher Intern Program 1980-6 Permissible methods of 1/23/80 soliciting member contrlbu- tions for separate segregated Seholarsh ips awarded for services provided to the Republi­ fund. can National Committee IRNC), to the Democratic Nation- The RECORD is published by the Federal Election Commission, 1325 K Street, N.W., Washington, D.C. 20463. Com­ missioners are: Robert O. Tieman, Chairman; Max L. Friedersdort, Vice Chairman; Joan D. Aikens; Thomas E. Harris; John W. McGarry; Frank P. Reiche; J.S. Kimmitt, Secretary of the Senate, Ex Officio; Edmund L. Henshaw, Jr., Clerk of the House of Representatives, Ex Officio. For more information, call 202/523-4068 or toll-free 800/424-9530. 2 al Committee (DNC) or to any Senate or Congressional that Build-PAC had unnecessarily and mistakenly paid staff by graduate students participating in an intern pro­ for in connection with a fundraiser for Build-PAC. gram sponsored by the George Peabody College for Teachers of Vanderbilt University would not be considered As required by Commission Regulations (11 CFR 114.5 in-kind contributions under the Act. Since the basic pur­ (b)(2)), Build-PAC had previously reimbursed NAHB pose of the intern program is educational and if the interns for fundraising costs which exceeded one-third of the gross do not devote substantial time to federal election campaign revenues of the fundraiser. However, in calculating total purposes, the compensated interns' services would not costs, Build-PAC had mistakenly included costs for solicit­ constitute in-kind contributions. The Peabody Center, as ing contributions. Since the Act permits a membership sponsor of the program, would not be considered a political corporation to pay these solicitation costs for its separate committee under the Act. 2 U.S.C. §§431(8) and (9). To segregated fund (2 U.S.C. §441 (b)(4)(C)), Build-PAC did the extent that the interns' activities are not related to not have to include these costs in determining the required campaigns for federal office, funds contributed to or spent payment for costs of entertainment and prizes awarded at by the Peabody Center to defray the cost of the program the event. As a result of this erroneous calculation, Build­ would not be subject to the Act's limits or prohibitions PAC had actually overpaid NAHB.
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