October 1996 Federal Election Commission Volume 22, Number 10

Table of Contents Reports Reports Court Cases 1 Reports Due in October 7 Texas Special Elections Reports Due in October FEC v. Christian Action 8 Missouri Special Election With one exception,1 all types of Network Court Cases political committees must file one or On August 2, 1996, the U.S. 1 FEC v. Christian Action Network more reports in October, as ex- 2 Stockman v. FEC Court of Appeals for the Fourth 2 New Litigation plained below. Reports must be filed Circuit, in an unpublished opinion, with the appropriate federal and upheld the district court’s dismissal Public Funding state filing offices. of this case. 3 Dole, Clinton, Perot Receive For more information on report- The FEC had brought suit against Public Funds ing, see the January Record or call the Christian Action Network for Regulations the FEC’s Flashfax service (202/ making independent expenditures 1 3 Final Rules on Electronic Filing 501-3413) and request document with corporate funds and for failing Statistics number 0345. to comply with the law’s reporting 4 18-Month House and Senate and disclaimer requirements. Activity Third Quarter Report The communications in ques- 4 18-Month Party Activity Committees filing on a quarterly tion—a television advertisement and 4 How to Get Statistical Press basis must file an October quarterly two newspaper ads run in the weeks Releases report due October 15. before the 1992 Presidential election Information October Monthly Report were critical of then-candidate Bill 4 New Party Guide Monthly filers must file a report Clinton’s positions on homosexual 10 Flashfax Menu due October 20 and covering issues. 5 Advisory Opinions September activity. The district court ruled that the communications were outside the Election Administration 12-Day Pre-Election Report FEC’s jurisdiction because they did 6 Simplifying Election Forms The pre-election report for the not expressly advocate the election Compliance November 5 general election must or defeat of . (The 9 Nonfilers be filed by: district court decision is summarized 9 MUR Information Available in the September 1995 issue, On Line • Committees of candidates running page 2.) in the November 5 election; (continued on page 2) 9 Federal Register Notices (continued on page 6) 11 Index 1 An independent expenditure is an 1 The exception is for committees of expenditure made without any coordi- candidates who did not seek election in nation with a candidate’s campaign for 1996. Their next report is the 1996 a communication which expressly year-end report covering July through advocates the election or defeat of a December, which is due January 31, clearly identified candidate for federal 1997. office. 11 CFR 100.16. Federal Election Commission RECORD October 1996

Court Cases Background August Court Decision (continued from page 1) Various newspapers reported that On August 27, 1996, the court The court of appeals, finding “no Mr. Stockman’s opponent in the found the FEC had not unreasonably error” in the district court opinion, 1994 Republican primary (9th delayed action on MUR 3847. The affirmed that court’s decision. Congressional District, Texas) had court considered several facts in U.S. Court of Appeals for the filed a complaint with the FEC reaching this decision: claiming that: (1) a newspaper Third Circuit, No. 95-2600, August • The FEC is not required to resolve allegedly published in the Stockman 2, 1996; D.Ct. No. 94-82-L, June MURs within a statutory deadline. home and campaign headquarters 28, 1995. ✦ • The agency’s delay in MUR 3847 should have been identified as does not risk human health and campaign literature; and (2) the welfare, where delay would be newspaper’s advertising revenue Stockman v. FEC intolerable. should have been reported as • The time the FEC has taken thus In August 1996, a U.S. District campaign contributions. far to investigate MUR 3847 is Court in Texas dismissed Congress- Mr. Stockman and his two reasonable considering that similar man Stephen E. Stockman’s claim campaign committees filed suit in MURs have taken the agency that the FEC had unreasonably November 1995 asking the court to between 3.3 and 4.6 years to delayed its investigation into his dismiss the complaint (Matter Under resolve. 1994 campaign. The court said: Review or MUR 3847) for a number • If the court were to force the FEC “There is no evidence showing that of reasons, including their claim that to take immediate action, the the time spent to investigate this the FEC had unreasonably delayed agency would have to divest scarce matter is a product of anything other its investigation into the matter in resources from matters of equal or than the excessive demands on a violation of the Administrative higher priority. strapped federal agency.” Procedure Act. The plaintiffs also • The plaintiffs provided no real In an earlier decision, the court claimed that the FEC had breached evidence that the delay had caused dismissed the claim that the FEC the confidentiality provisions of the them any injury. had improperly leaked information Federal Election Campaign Act by • The issues presented in MUR 3847 about the matter to the press. leaking information to the press are novel and will likely require about MUR 3847. (The confidential- substantially more time to consider ity of MUR proceedings is provided than issues more frequently for under 2 U.S.C. §437g(a)(12).) Federal Election Commission investigated. 999 E Street, NW June Court Decision Washington, DC 20463 In granting summary judgment to In a June 13, 1996, decision, the the FEC, the court said that the 800/424-9530 court rejected the argument that agency’s delay in resolving MUR 202/219-3420 MUR 3847 should be dismissed 3847 was not unreasonable, given 202/501-3413 (Flashfax Service) because the FEC had violated the the complexity of the FEC’s current 202/219-3336 (TDD for the confidentiality provisions. The court workload and the depleted level of hearing impaired) ruled that the plaintiffs could not 800/877-8339 (FIRS) agency resources to handle the raise the confidentiality issue in workload. Lee Ann Elliott, Chairman court because they had failed to first U.S. District Court for the John Warren McGarry, raise the issue before the FEC. Eastern District of Texas, Beaumont Vice Chairman Furthermore, the court said that Division, 1:95-CV-1049, August 27, Joan D. Aikens, Commissioner there was no evidence indicating 1996. ✦ Danny L. McDonald, that the FEC had improperly leaked Commissioner Scott E. Thomas, Commissioner information. The court noted that the agency had not breached confi- New Litigation John C. Surina, Staff Director dentiality by merely confirming to Lawrence M. Noble, General reporters that a complaint had been FEC v. Kalogianis Counsel filed against the plaintiffs. The only The FEC asks the court to declare Published by the Information issue remaining after the June that Anastasios Kalogianis violated Division decision was whether the Commis- the contribution limits of 2 U.S.C. Louise D. Wides, Director sion had unreasonably delayed the §441a by making $249,000 in loans Stephanie Fitzgerald, Editor investigation. to the Tsongas for President Com- http://www.fec.gov mittee, the 1992 authorized commit- tee of Senator Paul E. Tsongas. One

2 October 1996 Federal Election Commission RECORD

of the loans was made payable to an ment (COLA). The 1995 COLA total campaign spending to $61.82 individual, the committee’s chief (309.1 percent) increased the base million. His legal and accounting fundraiser, but was purportedly grant to $61.82 million. Major party compliance expenses (like those of solicited on behalf of the committee nominees have received public the major party candidates) are and given with the intention of funding grants since the program exempt from the spending limit. funding the campaign. began in 1976. All the candidates must limit The FEC also asks the court to Mr. Perot became eligible for a spending from personal funds to assess an appropriate civil penalty $29 million entitlement because he $50,000. against Mr. Kalogianis and perma- won more than 19 percent of the The last time a nonmajor party nently enjoin him from similar vote in the 1992 Presidential candidate received general election violations. election. Under the public funding funding was in 1980, when John U.S. District Court for the law, a nonmajor party candidate Anderson and his running mate, District of New Hampshire, C-96- who collects more than 5 percent of Patrick J. Lucey, received $4.2 427-JD, August 9, 1996. ✦ the vote in a Presidential election is million after the general election. entitled to receive pre-election They were entitled to post-election funding in the next Presidential funding because they won over 5 election once he or she obtains the percent of the vote in the election. nomination of a political party and Thus far in the 1996 Presidential meets other requirements. The pre- season, the Commission has certi- Public Funding election entitlement is based on the fied $234 million in public funds: ratio of votes received by the • $56 million to the 11 primary nonmajor party candidate in the Dole, Clinton, Perot Receive candidates who qualified for previous election to the average Public Funds matching funds; votes received by the major party • $25 million to major parties for The FEC recently approved candidates. (In Mr. Perot’s case, the their nominating conventions; and public funding grants for the ratio works out to 47 percent.) • $153 million to the general elec- Democratic, Republican and Reform All the candidates had to submit tion candidates. ✦ Party tickets. “letters of agreements and certifica- On August 15, the FEC certified tions” in which they agreed to payment of $61.82 million for the comply with the law and submit to a general election campaign of post-election campaign audit. Republican Presidential nominee Major party nominees must agree and his Vice Presidential to limit campaign spending to the running mate, . amount of the public funding grant. Final Rules On August 30, the same amount Although their acceptance of full on Electronic Filing was certified to the Democratic public funding precludes them from On August 15, 1996, the FEC party ticket, President Bill Clinton accepting private contributions for and Vice President . published new rules implement- their campaigns, they may accept ing an electronic filing system for On August 22, , the contributions designated for their Reform Party nominee, and his Vice campaign finance reports filed general election legal and compli- with the agency (61 FR 42371). Presidential running mate were ance (GELAC) funds. These funds The electronic filing system will certified to receive $29.055 million are special accounts maintained be in place in time for the 1997- in public funds for the general exclusively to pay for legal and 98 election cycle (i.e., for reports election. (Mr. Perot temporarily accounting expenses related to covering activity after December named James Campbell as his complying with the campaign 31, 1996). running mate, later replacing him finance law. Compliance expenses Electronic filing will be with Pat Choate.) voluntary. It will be available to do not count against the expenditure committees that file with the The U.S. Department of the limit. However, contributions to a Treasury made the payments to the FEC; Senate campaigns and other GELAC fund are subject to the committees that file with the candidates shortly after the FEC limits and prohibitions of the federal certified the funds. Secretary of the Senate will not campaign finance laws. have the option of filing elec- Under the Presidential Election Mr. Perot, as a nonmajor party tronically. Campaign Fund Act, the Democratic candidate, may accept private The November issue of the and Republican nominees are each campaign contributions but, like the Record will give more details on entitled to a grant of $20 million major party nominees, he must limit electronic filing. ✦ increased by a cost-of-living adjust-

3 Federal Election Commission RECORD October 1996

Sources of Receipts The Republicans also outpaced Statistics Contributions from individuals 58.4% the Democrats in soft money Contributions from PACs and activity—funds raised and spent for other committees 24.1% Contributions from the candidate 13.2% nonfederal elections. The graph 18-Month House and Senate below compares nonfederal receipts Activity Data in this article are based on at the 18-month point in three House and Senate campaigns an August 5 news release on 18- election cycles. raised $60 million more and spent month House and Senate activity The table and graph are based on $23 million more from January featuring data from 1986 to 1996. ✦ a comprehensive news release on 1995 through June 1996 than they party activity, dated August 7.✦ did in the same 18-month period in the previous election cycle. The 18-Month Party Activity 1996 campaigns raised $447.7 How to Get Statistical Press By the end of June 1996, the Releases million—an increase of 15 percent Democratic and Republican national over the previous cycle, and spent committees had raised and spent The news releases mentioned in $293.6 million—an increase of 8 substantially more for federal the articles above may be ordered percent (see graph). elections than they had two years from the Public Records office: call House campaigns were largely ago. Even so, Democrats continued 800/424-9530 (press 3). To receive responsible for the jump in to lag behind Republicans in funds faxed copies, call the FEC’s fundraising. They raised $278.8 raised and spent for federal election Flashfax service: 202/501-3413. million, more than 24 percent more activity. Request document 0530 for statis- than in the previous cycle. Republi- tics on 18-month House and Senate Federal Account Activity can House campaigns accounted for National Party Committees activity (not the complete news much of that increase, raising 50 (in millions) release, however) and document percent more than previously. Jan. 93 – Jan. 95 – 0531 for statistics on 18-month Senate fundraising reached Jun. 94 Jun. 96 Increase national party activity (complete $168.9 million, only slightly more Raised release). Dem. $ 57.9 $102.3 77% than in the past cycle. However, it is Rep. $119.8 $180.0 50% The news releases are also difficult to compare Senate elections Jan. 93 – Jan. 95 – available on the FEC’s World Wide across cycles because different seats Jun. 94 Jun. 96 Increase Web site (http://www.fec.gov) are up for election each cycle. Spent under the “News Releases and Contributions from individuals Dem. $ 53.2 $ 89.7 68% Media Advisories” menu option continued to represent the largest Rep. $104.3 $162.4 56% (again, this is not the complete single source of funds for House and House and Senate release). The Senate campaigns. latest data are also available as Nonfederal Account Receipts downloadable databases on the House and Senate Finances National Party Committees FEC’s Web site; select “Financial (in millions) (in millions) Information for Candidates, Parties and PACs.” ✦ Receipts Democrats Disbursements Republicans New Party Guide $500 $100 The FEC recently published a revised edition of the Campaign $400 $80 Guide for Party Committees. Copies have been sent via first $300 $60 class mail to treasurers of feder- ally registered party committees as well as to Record subscribers $200 $40 who have indicated an interest in party committee activity. Others wishing to obtain a copy $100 $20 should call the Information Divi- sion: 800/424-9530 (press 1) or $0 $0 202/219-3420. 1992 1994 1996 1992 1994 1996

4 October 1996 Federal Election Commission RECORD

AO 1996-29 tion that is used only for one Advisory In-Kind Contributions particular election, such as printing Opinions Designated for More Than or mailing costs related to a general One Election election fundraiser. If the candidate had lost the AO 1996-28 The Chris Cannon for Congress primary election, the committee, in committee may accept an in-kind accordance with the treatment of Personal Use of Campaign contribution in excess of the $1,000 Funds by Former Member money contributions, would have per-election limit if the contributor had to refund the amount designated Former Congressman Don Ritter designates the excess amount for a for the general election or obtain the of Pennsylvania may convert different election and if the item contributor’s redesignation of that remaining campaign funds to contributed has a long-term useful amount for the next election (i.e., personal use because he served in life expectancy. The contributor the 1998 convention). AO 1992-15. the House of Representatives in must, of course, provide a written, The Commission did not reach January 1980 (i.e., was a signed designation at the time of the the question of whether an in-kind “grandfathered” or “qualified” contribution or submit a proper contribution could be designated for Member) but did not serve in the redesignation within 60 days of the the next election cycle if the candi- 103d Congress (which ended committee’s receipt of the contribu- date were still seeking election in January 1995) or later. The law tion. 11 CFR 110.1(b)(5)(ii). the current cycle. permits him to convert up the In this case, the committee Date Issued: August 23, 1996; amount of his committee’s excess received in-kind contributions of Length: 3 pages. ✦ funds as of November 30 1989, less used computer equipment from outstanding debts owed as of that three individuals. Although each date.1 11 CFR 113.2(e). contribution exceeded the $1,000 Mr. Ritter wishes to convert to limit, the contributors designated AO 1996-33 personal use his committee’s current their contributions among the three Exchange of Contributions cash balance of $26,400 plus elections within the Utah election 1 Between Federal Candidate $11,000 still owed by a former cycle: one person designated and State Candidates treasurer who is under a court order $1,000 for the convention and $850 to repay stolen funds. This total for the primary; a second gave Thomas P. Colantuono, a Repub- ($37,400) is well under the $782.48 for the convention, $1,000 lican nominee for a U.S. House seat committee’s November 1989 for the primary and $67.52 for the in New Hampshire, may not contrib- unobligated balance (about general election; the third desig- ute surplus campaign funds from his $61,000). nated $1,000 for the convention and state campaign committee to the Because the committee does not $300 for the primary. campaigns of state legislators with owe any money and appears to be Just as money contributions may the understanding that those cam- existing simply to receive payments be “consumed” over a period of paigns would contribute roughly from the former treasurer, it may time, the computer equipment will equivalent amounts to Mr. terminate its registration and cease be used through all three elections Colantuono’s federal campaign reporting. 11 CFR 102.3. In this and perform functions related to committee. This arrangement would particular situation, the committee each. (An independent appraisal amount to a prohibited transfer of may assign to Mr. Ritter the rights determined that the equipment had a funds from Mr. Colantuono’s state to receive forthcoming payments useful life of at least two years.) A committee, through the state legisla- from the former treasurer, but the contribution of this type is distin- tors’ committees, to his federal termination report should explain guishable from an in-kind contribu- committee. 11 CFR 110.3(d). this arrangement. The state legislators could instead Date Issued: August 20, 1995; make contributions from their Length: 4 pages. ✦ personal funds to the Colantuono 1 Because the Utah convention had the federal committee, but this arrange- power to nominate a candidate, it was ment could result in prohibited considered a separate election with a 1 contributions made by one person This is a limited, statutory exception to separate contribution limit. A separate (the Colantuono state committee) in the overall ban on the conversion of limit also applied to the primary the name of another (the state campaign funds to anyone’s personal election (held because no candidate use. See Pub. L. 101-194, §504(b), 103 won sufficient votes at the convention) legislator). 2 U.S.C. §441f; 11 CFR Stat. 1755; see also 2 U.S.C. §439a and and to the general election. See AO 110.4(b). Specifically, if a legislator 11 CFR 113.1(g). 1992-95. (continued)

5 Federal Election Commission RECORD October 1996

Advisory Opinions (A.H. Belo Corporation, September Reports (continued from page 5) 16, 1996, 8 pages plus 17-page (continued from page 1) attachment) ✦ reduced or eliminated his donation • PACs and party committees filing to his own campaign and, instead, on a monthly schedule (the pre- contributed to Mr. Colantuono’s election report is filed in lieu of the federal campaign in anticipation of monthly report covering October receiving a reciprocal donation from activity); and the Colantuono state committee, this Election • PACs and party committees filing would indicate that the state com- on a quarterly basis if the commit- mittee donation was replacing the Administration tee makes contributions or expen- amount the legislator would nor- ditures in connection with the mally give to his own campaign, Simplifying Election Forms general election during the cover- thereby freeing him to make a age dates for the report (below). The Office of Election Adminis- personal contribution to the federal tration has published a handbook on The pre-election report, which campaign. (New Hampshire state how to make publications and forms covers activity from October 1 legislators typically make substan- easier for the public to use. Written through October 16, is due October tial donations from their personal for election officials, Simplifying 24. If sent by registered or certified funds to their own campaigns.) Date Election Forms and Materials gives mail, it must be postmarked by Issued: August 23, 1996; Length: 4 common sense advice on how to October 21. pages. ✦ improve government writing. The report says that more and 48-Hour Notices on Contributions Committees of candidates run- Advisory Opinion Requests more agencies are making their materials “reader friendly” to bridge ning in the November general elec- Advisory opinion requests are the gap between the reading abilities tion must file a 48-hour notice if available for review and comment in of the general public and the read- they receive a contribution of the Public Records Office. ability of most public materials. An $1,000 or more (including contribu- estimated 90 million Americans tions and loans from the candidate) AOR 1996-38 have trouble understanding long, between October 17 and Novem- Formation of nonconnected commit- complex and dense materials. ber 2. The committee must disclose tee by executive board members of The report notes that many the contribution on FEC Form 6 or unincorporated association with ties Americans would have trouble with in a statement containing the same to an incorporated association the typical “electionese” in election information. The notice must be (American Seniors Housing Asso- materials: “Bona Fide resident”; received by the federal and state ciation; August 21, 1996; 6 pages “your right to vote is secured by”; filing offices within 48 hours of the plus multiple attachments) “the equivalent of an affidavit.” committee’s receipt of the contribu- Among other pointers, the report tion. AOR 1996-39 Forty-eight hour notices (but not Fund established to pay legal fees suggests using simpler words (e.g., “place” instead of “locality”), other reports) may be faxed to the arisng from challenges to federal filing office: candidate’s ballot status (Heintz for shorter sentences and active voice. Congress, September 3, 1996, The report also gives tips on design- • FEC Fax: 202/219-0174 1 page plus multiple attachments) ing more readable layouts. • Secretary of the Senate Fax: The report includes before-and- 202/224-1851. AOR 1996-40 after samples of the District of Excess campaign funds donated to Columbia’s voter registration form 24-Hour Reports educational organization established as “living proof” that writing in on Independent Expenditures by candidate (Congressman Mel plain language does make a differ- Political committees and other 2 Hancock, September 10, 1996, ence. persons planning to make indepen- 7 pages) Simplifying Election Forms and Materials is available free from the 2 Individuals and other persons who are AOR 1996-41 Office of Election Administration. Media corporation’s production and not political committees are reminded Call 800/424-9530 (and press 4 at that when their independent expendi- broadcast of television programs the prompt) or 202/219-3670. ✦ tures exceed $250 in a calendar year, featuring federal candidates’ they must file a report at the end of that responses to specific questions reporting period. 11 CFR 109.2.

6 October 1996 Federal Election Commission RECORD

dent expenditures to support or Reporting Dates for Texas Special Elections oppose candidates in the Novem- 1. If Only the 11/5 General Is Held 1 ber 5 general election are reminded Close Reg./Cert. of the 24-hour reporting require- of Books 2 Mailing Date 3 Filing Date ment. Under that requirement, general-election independent October Quarterly September 30 October 15 October 15 expenditures aggregating $1,000 or Pre-General October 16 October 21 October 24 more and made between October 17 Post-General November 25 December 5 December 5 and November 3 must be reported Year-End December 31 Jan. 31, ’97 Jan. 31, ’97 with the appropriate federal and state filing offices within 24-hours 2. If Two Elections Held: Committees Involved in Both the 11/5 General after the expenditure is made. ✦ and the 12/10 Runoff 4 Close Reg./Cert. of Books 2 Mailing Date 3 Filing Date Texas Special Elections October Quarterly September 30 October 15 October 15 Texas has scheduled special Pre-General October 16 October 21 October 24 elections on November 5 based on Pre-Runoff November 20 November 25 November 29 an order by the U.S. District Court Post-Runoff/Year-End 5 December 31 Jan. 9, ’97 Jan. 9, ’97 for the Southern District of Texas. The court redrew the boundaries, 6 invalidated the results of primary 3. If Two Elections Held: Candidate Committees Involved in the and runoff elections, and ordered 11/5 Election Only new elections in 13 U.S. Congres- Close Reg./Cert. 2 3 sional districts in Texas: districts 3, of Books Mailing Date Filing Date 5, 6, 7, 8, 9, 18, 22, 24, 25, 26, 29 October Quarterly September 30 October 15 October 15 and 30. Vera v. Bush, No. H-94- Pre-General October 16 October 21 October 24 0277 (S.D. Tex. August 5, 1996). Year-End December 31 Jan. 31, ’97 Jan. 31, ’97 The court’s directions resulted from an earlier judicial determination that three of those districts were “created 4. Monthly Filers Close Reg./Cert. as a product of overt racial gerry- 2 3 mandering.” of Books Mailing Date Filing Date If no candidate receives a major- Monthly Report September 30 October 20 October 20 ity of the votes in the November 5 Pre-General October 16 October 21 October 24 special election, a special runoff Post-General November 25 December 5 December 5 election will be held December 10, Year-End December 31 Jan. 31, ’97 Jan. 31, ’97 1996. The reporting requirements for 1 PACs and party committees filing on a monthly schedule should follow Table 4. committees involved in these special 2 elections are shown in the accompa- The close of books is the end of the reporting period. The period begins with the nying tables. Additionally, this day after the closing date of the last report filed. If the committee is new and has not previously filed a report, the first report must cover all activity that occurred before article provides information on the committee registered and, if applicable, before the individual became a candi- contribution and coordinated party date. expenditure limits. 3 If you have any questions after Reports sent by registered or certified mail are considered to be filed on time if reading this article, call the FEC at they are postmarked by this date. 800/424-9530 or 202/219-3420. 4 Monthly filers follow Table 4. 5 Reporting by Candidate Committees should file a consolidated post-runoff/year-end report by the filing date for the post-runoff report. Committees Candidate committees are 6 PACs and party committees that file on a quarterly schedule and that have no required to register and to file special runoff activity to disclose are required to file a post-general election report financial disclosure reports with the for the 11/5 election. Therefore, PACs and party committees that must disclose pre- FEC once their campaign activity general activity but do not have any 12/10 runoff activity to disclose must follow the reporting schedule in Table 1. (continued on page 8)

7 Federal Election Commission RECORD October 1996

Reports Twenty-Four-Hour Reports on has a separate contribution limit for (continued from page 7) Independent Expenditures. All that election. PACs and persons 1 making inde- Candidates may accept contribu- exceeds $5,000 in either contribu- pendent expenditures may have to tions for a possible runoff election tions or expenditures. 2 U.S.C. file 24-hour reports. This report is before the November 5 general §431(2). See the Campaign Guide required if the committee or person election if: (1) the campaign sets up for Congressional Candidates and makes independent expenditures a separate account or appropriate Committees. aggregating $1,000 or more between accounting system to track such Once the $5,000 threshold is the 20th day and 24 hours before the contributions; (2) the contributions reached, a principal campaign date of an election. The report must are designated in writing for the committee of a candidate running in be filed with the appropriate federal runoff; and (3) the contributions are a special election must file the and state offices within 24 hours returned to the contributors if the required reports as shown in the after the expenditure is made. candidate does not participate in the tables on page 7. runoff. Principal campaign committees Contribution and Expenditure March 12 Primary Winners. The are reminded that they must file 48- Limits August 5 court decision placed hour notices on contributions of Briefly summarized below are March 12 primary winners in a new $1,000 or more received between several decisions the Commission electoral situation in which they the 20th day and 48 hours before the made with respect to the Texas were no longer party nominees. As a day of an election. special election limits in Advisory result, they had a separate contribu- Opinion 1996-36, approved Septem- Reporting by Party Committees tion limit for the now defunct ber 19. (The Record will provide a and PACs campaign (from March 13 through more detailed summary in the next Quarterly Filers. Party commit- August 5). However, they are not issue.) tees and PACs filing on a quarterly permitted to collect contributions Separate Contribution Limit for (rather than monthly) basis are after August 5 to retire net debts November 5 Election. There is a required to file pre- and post-special outstanding from the defunct separate contribution limit for the election reports if they make election period. November 5 special general elec- previously undisclosed contributions Primary winners have a separate tion. This limit applies to contribu- or expenditures in connection with a limit for the November 5 special tions made after August 5 (the date special election by the close-of- election campaign (from August 6 of the court decision). books date shown in the tables on through November 5) and, if they Separate Contribution Limit for page 7. participate in a runoff, a separate December 10 Runoff. If a December Monthly Filers. Party committees limit for the runoff. 10 runoff is held in a district, a and PACs filing monthly continue Transfers of Surplus Funds. candidate participating in the runoff to follow the normal election-year Candidates who have surplus funds remaining from the March 12 reporting schedule (Table 4). They 1 Individuals and other persons who are primary or from the defunct March are not required to file pre- and not political committees are reminded post-election reports for the Decem- 13-to-August 5 campaign may that, when their independent expendi- transfer them to their November 5 ber 10 runoff. PACs may also have tures exceed $250 in a calendar year, to file 24-hour reports (see below). they must file a report at the end of that special election accounts without the reporting period. contributions counting against the limits for that race. March 12 Primary Nonpartici- Missouri Special Election Reporting pants or Losers. Candidates in the special elections who did not Committees involved in Missouri’s November 5 special general election in participate in the March 12 primary, the 8th Congressional District to fill the seat held by the late Congressman Bill or who were defeated in that pri- Emerson must follow the reporting schedule below: mary, may not accept contributions Close of Certified Filing for the defunct general election Books Mail Date Date since they were never candidates for that election. They may, however, Pre-General Report Oct. 16 Oct. 21 Oct. 24 Post-General Report Nov. 25 Dec. 5 Dec. 5 accept contributions made after August 5 for their special general These filing dates are the same as those for the regularly scheduled general election campaigns. They also have election on November 5. See “Reports Due in October,” page 1. a separate limit for the December 10

8 October 1996 Federal Election Commission RECORD runoff if they participate in that MUR Information Available election. Compliance On Line $25,000 Annual Limit. Contribu- Listings of newly released FEC tions from individuals made for the Nonfilers enforcement cases (MURs or March 12 primary and for the Matters Under Review) are avail- defunct campaign count against the The candidate committees listed below failed to file required cam- able on the agency’s World Wide individual’s $25,000 aggregate Web site: http://www.fec.gov. Click contribution limit for 1996 (as do paign finance disclosure reports. The list is based on recent FEC on “News Releases, Media Adviso- contributions for the November 5 ries” and look for lists of compli- and December 10 special elections). news releases. The FEC is required by law to publicize the names of ance cases. Coordinated Party Expenditure The MUR press releases are also Limits. The national committee and nonfiling candidate committees. 2 U.S.C. §438(a)(7). The agency available from the FEC’s Public the state committee of a political Disclosure Division. party each have a coordinated party pursues enforcement actions against nonfilers on a case-by-case basis. ✦ The Record will no longer spending limit of $30,910 for the publish MUR lists to save printing November 5 special general elec- and mailing costs. It will continue, tion. Coordinated party expenditures however, to publish occasional made before August 6 do not have summaries of selected closed to be attributed to this limit. There is MURs. ✦ no separate coordinated party expenditure limit for the December ✦ 10 runoff. Candidate Office Sought Report Not Filed Broun, Paul Senate GA July Quarterly Brown, Corrine House FL/03 Pre-Primary Federal Register Brown, Kenneth D. House GA/04 July Quarterly Federal Register notices are Brown, Robert Paul House FL/23 Pre-Primary available from the FEC’s Public Bryant, James S. Senate OK July Quarterly Records Office. Collins, Barbara-Rose House MI/15 Pre-Primary Notice 1996-14 Diaz-Balart, Lincoln House FL/21 Pre-Primary 1 11 CFR Part 110: Coordinated Duke, David Senate LA Pre-Primary Party Expenditures; Final Rule; Diggs, Douglass J. House MI/15 Pre-Primary Technical Amendment (61 FR Gentry, Raymond Davis, Jr. House FL/05 Pre-Primary 40961, August 7, 1996) Griffin, James House CT/06 Pre-Convention Notice 1996-15 Gryska, Paul V. House MA/09 Pre-Primary Rulemaking Petition: Democratic Florez, Vida Zoe House AZ/02 July Quarterly Senatorial Campaign Committee Franks, Gary A. House CT/05 Pre-Convention and Democratic Congressional Katsorhis, Kerry John House NY/18 Pre-Primary Campaign Committee; Notice of Kennedy, Joseph P., II House MA/08 Pre-Primary Availability (61 FR 41036, Kinnamon, Larry E., Jr. House MO/06 Pre-Primary 2 August 7, 1996) McKasy, Bert J. Senate MN Pre-Primary 2 Notice 1996-16 Moore, John R. House MO/03 Pre-Primary 11 CFR Part 104: Electronic Moreno, Monti A. Senate MN July Quarterly Filing of Reports by Political O’Toole, John A. House CT/05 July Quarterly Committees; Final Rules; Owens, Major Robert O. House NY/11 July Quarterly Transmittal to Congress (61 FR Pre-Primary 42371, August 15, 1996) Oxford, William C. House GA/06 July Quarterly Notice 1996-17 Seal, Robert House NV/02 Pre-Primary Filing Dates for Missouri Special Taliaferro, Phyllis House NY/11 July Quarterly Election (61 FR 45426, August Tenpas, Douglas B. Senate MN July Quarterly 29, 1996) Tsakanikas, Peter James House FL/19 Pre-Primary Notice 1996-17 1 The campaign submitted Summary and Detailed Summary pages without support- Filing Dates for Texas Special ing schedules. Elections (61 FR 50298, 2 These committees filed July quarterly reports, which included part of the 12-day September 25, 1996) pre-primary.

9 Federal Election Commission RECORD October 1996

341. Committee Treasurers Regulations (11 CFR Parts 100-201) Information 342. Political Ads and Solicitations 100. Part 100, Scope and Definitions 343. 10 Questions from Candidates 1007. Part 100.7, Contribution 344. Filing a Complaint 1008. Part 100.8, Expenditure Flashfax Menu 345. 1996 Reporting Dates 101. Part 101, Candidate Status and Flashfax documents may be ordered 346. 1996 Congressional Primary Dates Designations 24 hours a day, 7 days a week, by 347. 1996 Special Election Reporting 102. Part 102, Registration, Organiza- calling 202/501-3413 on a touch tone Dates tion and Recordkeeping by phone. You will be asked for the Federal Election Commission Political Committees numbers of the documents you want, 401. The FEC and the Federal Cam- 1021. Part 102.17, Joint Fundraising your fax number and your telephone paign Finance Law by Committees Other Than number. The documents will be faxed 402. La Ley Federal relativa al Finan- SSFs shortly thereafter. ciamiento de las Campañas 103. Part 103, Campaign Depositories 104. Part 104, Reports by Political Disclosure 403. Federal and State Campaign Finance Laws Committees 301. Guide to Researching Public 1047. Part 104.7, Best Efforts Records 404. Compliance with Laws Outside the FEC’s Jurisdiction 105. Part 105, Document Filing 302. Accessibility of Public Records 106. Part 106, Allocations of Candidate Office 405. Biographies of Commissioners and Officers and Committee Activities 303. Federal/State Records Offices 107. Part 107, Presidential Nominating 304. Using FEC Campaign Finance 406. Telephone Directory 407. Table of Organization Convention, Registration and Information Reports 305. State Computer Access to FEC 408. Index for 1995 Record Newsletter 409. Free Publications 108. Part 108, Filing Copies of Reports Data and Statements with State Offices 306. Direct Access Program (DAP) 410. Personnel Vacancy Announce- ments 109. Part 109, Independent Expendi- 307. Sale and Use of Campaign tures Information 411. Complete Menu of All Material Available 110. Part 110, Contribution and 308. Combined Federal/State Disclo- Expenditure Limitations and sure Directory 1996 on Disk Clearinghouse on Election Administration Prohibitions 309. Selected Political Party Organiza- 1101. Part 110.1, Contributions by tions and Addresses 424. List of Reports Available 425. Voting Accessibility for the Persons Other Than Multi- 310. Internet Access to the FEC candidate Political Committees 311. Downloadable Databases via the Elderly and Handicapped Act 426. National Voter Registration Act 1102. Part 110.2, Contributions by Internet Multicandidate Committees Limitations Regulations 427. National Voter Registration Act 1103. Part 110.3, Contribution 315. Contributions Limitations for Affiliated 316. Coordinated Party Expenditure of 1993 428. The Electoral College Committees and Political Party Limits Committees; Transfers 317. Advances: Contribution Limits 429. Organizational Structure of the American Election System 1104. Part 110.4, Prohibited Contri- and Reporting butions 318. Volunteer Activity 430. Primary Functions of an Electoral System 1105. Part 110.5, Annual Contribu- 319. Independent Expenditures tion Limitation for Individuals 320. Local Party Activity Money in Politics Statistics 1106. Part 110.6, Earmarked 321. Corporate/Labor Facilities 525. 1991-2 Political Money Contributions 322. Trade Associations 526. 1995 Year-End PAC Count 1107. Part 110.7, Party Committee 323. Foreign Nationals 527. 1993-4 Congressional Expenditure Limitations 324. The $25,000 Annual Contribution 528. 1993-4 National Party 1108. Part 110.8, Presidential Limit 529. 1993-4 PAC Finances Candidate Expenditure 325. Personal Use of Campaign Funds 530. 1995-6 Congressional Limitations Public Funding 531. 1995-6 National Party 1109. Part 110.9, Miscellaneous 330. Public Funding of Presidential 532. 1995-6 PAC Finances Provisions Elections 1996 Presidential Election 1110. Part 110.10, Expenditures by 331. The $3 Tax Checkoff 550. 1996 Presidential Primary Dates Candidates 332. 1993 Changes to Checkoff 551. Selected 1996 Campaign Names 1111. Part 110.11, Communications; 333. Recipients of Public Funding and Addresses Advertising 334. Presidential Fund Tax Checkoff 552. Selected 1996 Campaign Finance 1112. Part 110.12, Candidate Status Figures Appearances on Public 335. Presidential Spending Limits 553. 1996 Matching Fund Certifica- Educational Institution Compliance tions and Convention Fund Premises 340. Candidate Registration Payments

10 October 1996 Federal Election Commission RECORD

1113. Part 110.13, Nonpartisan 376. Schedules H1 – H4, Allocation 1995-45: Qualified campaign Candidate Debates 377. Schedule I, Aggregate Page expenses for ballot access, 3:9 1114. Part 110.14, Contributions to Nonfederal Accounts 1995-46: Purchase of candidate’s and Expenditures by Delegates U.S. Code (Title 2) book by his campaign, 3:9 and Delegate Committees 431. Section 431 442. Section 442 1995-47: Use of campaign funds for 111. Part 111, Compliance Procedure 432. Section 432 451. Section 451 travel to party’s Presidential 112. Part 112, Advisory Opinions 433. Section 433 452. Section 452 nominating convention, 5:7 113. Part 113, Excess Campaign Funds 434. Section 434 453. Section 453 and Funds Donated to Support 1995-48: Preemption of Georgia law 437. Section 437 454. Section 454 limiting receipt of contributions, Federal Officeholder Activities 4377. Section 437g 455. Section 455 114. Part 114, Corporate and Labor 438. Section 438 3:10 Organization Activity 439. Section 439 1995-49: Status of a state affiliate of 115. Part 115, Federal Contractors 441. Section 441 national party committee, 6:6 116. Part 116, Debts Owed by Candi- 4411. Section 441a 1996-1: Corporate partisan commu- dates and Political Committees 4412. Section 441b nications, 5:7 200. Part 200, Petitions for Rulemaking 4413. Section 441c 1996-2: Providing free on-line 201. Part 201, Ex Parte Communica- 4414. Section 441d accounts to candidates, 6:6 tions 4415. Section 441e 1996-3: Determining political Recent Actions on Regulations, 4416. Section 441f committee status, 6:7 Including Explanations Advisory Opinions and Justifications 1996-4: Public funding shortfalls 601-33. AOs 1996-1 through 1996-33 227. Presidential Nominating Conven- and bridge loans, 5:8 700. Brochure tions 1996-5: Returning illegal contribu- 701-49. AOs 1995-1 through 1995-49 228. Public Financing of Presidential tions, 5:9 801-40. AOs 1994-1 through 1994-40 Primary and General Election 1996-7: Public funding certifica- 901-25. AOs 1993-1 through 1993-25 Campaigns tions, 5:9 229. Candidate Debates and News 1996-8: Local party committees and Stories building funds, 7:6 230. Electronic Filing of Reports by 1996-9: Building a library center Political Committees with excess campaign funds, 6:7 231. DSCC and DCCC Rulemaking Petition Index 1996-10: Corporate employees as stockholders, 7:7 Forms 1996-11: Incumbent appearances at 361. Form 1, Statement of Organization The first number in each citation convention of membership 362. Form 2, Statement of Candidacy refers to the “number” (month) of 363. Form 3 and 3Z, Report for an organization, 7:9 the 1996 Record issue in which the 1996-12: Criteria for qualified Authorized Committee article appeared. The second number, 364. Form 3X, Report for Other Than campaign expenses, 7:10 an Authorized Committee following the colon, indicates the 1996-13: Property owned by limited 365. Form 5, Report of Independent page number in that issue. For liability company used for Expenditures example, “1:4” means that the campaign events, 8:6 366. Form 6, 48-Hour Notice of article is in the January issue on 1996-14: Use of excess campaign Contributions/Loans Received page 4. funds for moving expenses, 7:11 367. Form 7, Report of Communication Advisory Opinions 1996-15: Discarding envelopes used Costs to mail reports to state, 7:11 368. Form 8, Debt Settlement Plan 1995-38: Corporate vendor and 369. Form 1M, Notification of Multi- nonconnected PAC with common 1996-16: Defining a news entity, 7:11 candidate Status officer, 1:14 1996-17: Cars provided as official vehicles of convention, 7:12 Schedules 1995-40: Disaffiliation of PACs, 3:7 370. Schedule A, Itemized Receipts 1995-41: Preemption of state 1996-18: Conduit accounts, 8:7 371. Schedule B, Itemized Disburse- disclosure requirements, 2:3 1996-19: Use of campaign funds for ments 1995-42: Using campaign funds to travel to Presidential nominating 372. Schedules C and C-1, Loans pay child-care expenses, 2:3 convention: wife and children, 8:8 373. Schedule D, Debts and Obliga- 1995-43: Refunding legal fees to 1996-20: Use of campaign funds for tions candidate committee, 3:8 travel to Presidential nominating 374. Schedule E, Itemized Independent convention: chief of staff, 8:8 Expenditures 1995-44: Presidential primary candidate excused from filing 48- 1996-21: Membership organization 375. Schedule F, Itemized Coordinated communications, 8:9 Expenditures hour notices, 3:8 (continued)

11 Federal Election Commission RECORD October 1996

Index – Christian Coalition, 9:1 – MN Citizens Concerned for Life, (continued from page 11) – Colorado Republican Federal 3:6; 6:3 1996-22: Public funding for non- Campaign Committee, 8:1 – RNC (94-1017), 4:10; 9:3 major party candidates, 8:10 – DSCC (95-2881), 1:5 – Reilly, 8:5 1994-23: Disaffiliation of reorga- – GOPAC, 4:1 – Stockman, 2:9l; 10:2 nized corporations and their – Hartnett, 4:12 – Whitmore, 3:6 PACs, 9:4 – Kalogianis, 10:2 On Appeal?, 5:6; 7:6; 9:3 1996-24: Use of campaign funds for – Legi-Tech, 4:9 Reports certain legal expenses, 8:10 – McCallum, 9:2 Electronic filing system, 2:2 1996-26: Corporation as collecting – Murray, 8:5 Point of entry change for House agent for PAC of affiliated – National Right to Work, 4:11 candidates, 2:1 association, 9:5 – Parisi, 3:6 Reporting reminders, 4:3; 6:1;10:1 1996-27: Qualifying as state party – Wofford, 6:4 Schedule for 1996, 1:5 committee, 9:6 _____ v. FEC Special elections, 2:5; 3:2; 7:16; 1996-28: Personal use of campaign – Albanese, 5:4 10:7; 10:8 funds by former Member, 10:5 – Buchanan, 6:4 – Center for Responsive Politics, 1:3 1996-29: In-kind contributions 800 Line – Chamber of Commerce, 1:2 designated for more than one Ballot access payments, 2:8 – Clifton, 5:6; 7:1; 9:3 election, 10:5 Bundling by individuals, 8:2 – Common Cause (94-02104), 5:5 1996-33: Exchange of contributions Conventions, permissible corporate – DCCC (1:96CV00764), 6:4 between federal candidate and and labor activity, 2:7 – DSCC (95-0349), 7:5 state candidates, 10:5 – correction, 9:4 – Grover, 7:6 Filing tips, 5:1 Court Cases – Hooker, 3:7 Last- minute independent expendi- FEC v. _____ – Jordan, 4:12 tures: 48 hour notices, 9:3 – Christian Action Network, 10:1 – ME Right to Life Committee, 1:3; 4:9

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