October 1996 Federal Election Commission Volume 22, Number 10
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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 Reports must be filed Circuit, in an unpublished opinion, with the appropriate federal and upheld the district court’s dismissal Public Funding state filing offices.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 Bill Clinton. (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.