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This I S the End of [I!Ur 6 2 59 FN)LI:RAL ELECI ION COMMI SSION 132 K StIR!IT NW ".. ., THIS I S THE END OF [I!UR 6 2 59............... 1 i' ............ 'p cv.~ Date Wilined 3..L~.LLiO Camera No, 2 ~1 Camera~rnan ~ -'-4 .~ S.,. 934 -4 *1:4- 0 ! i',i , !! !!!:!;:;i!:: -.... : "... : 0 ' m " ........ ',-. C, to: 0 T FES: ~ FEDERAL ELECTION COMMISSION WASHINGTON, D.C., 20463 rATE 01Decmbter 131, 19 79 CERTIFIED MAIL Charliotte Goodwin, President The Right to Life Committee of New Me xico 536 Jefferson, N.E. P. 0. Box 8864 Albuquerque, New Me xico 871 08 RE: MUR 959 Dear Ms. Goodwin:.. This is. to confirm our receipt of your letter dated september 4, 1979 in connection with the Commuission's.. investigation in 0 the captioned rfatter. After considering the informtion you provided the Commission determined, on December 19, 1979, that there was :no reasonarble cause to believe that your comittee, the , Right to Life Committee of New Mexico violatedl the Federal Election Campaigsn Act. Accordingly, the Commssion has closed its file ~on thiS matter. eShould you have any questions, please contact R. Lee Andersen at (202)i 523- 4035. General Counsel CERTI FI MAI Charlotte Goodvin Presiden t ,,- The Right to Lie oiisttee o~f ' ,i. Ue~Mexico~l t.. 5 36 lJe ffer sonr1.1. P. Box 8864 Albuq uerque, New Me xic 8710 8 s R : MLUX 959 De ar Ms. Goodwil. ThiS is to confirm our receipt of your letter dated September 4 1979 in connection with the Commission's investigation in _ the captioned ratr After considering the informtion you Decmbr 19. 1979, that 1,roVided the Comission deterined1 on f there was no reasonable cause to believe that your coiittee, the Riyht to Life Comfittee of tiew Mexico violated the Pederal EleCtion ,Caiuaiyn Act. Accordingly, the Commission has closed its tile ,on this matte r. u~hould you have any questions, please contact R. Lee Andersen t( 2 0 2) 523-403,5. Si nere ly, Charles N. Steele General Counsel FED ERAL ELECTI!ON COMMISSION ~WASH INGTON, 0 . 2O4f December 3,1979 CERTI FIED MAIL Ms. Gail M, Harmon Sheldon, Harmon, Roisman and Weis 1725 i Street, N.W. Suite 506 WsitoD.C. 20006 ~RE: MUR 959 ~Dear Ms. Harmon: e' This is in reference to the complaint you filed with the e' Commission on April 30, 1979 concerning the activities of Right to Life Committee of New Mexico (RLC-NM). Based on your complaint, the Commission determined there -was reason to oelieve that RL C-NM violated sections 441b(a), r 441b(b), 433 and 434 of the Federal Election Campaign Act of 1971, as amended, and instituted an investigation of this ~matter. The information uncovered during this investigation led the Cormmission to conclude, on December 19, 1979, that C there was no reasonable cause to believe that RLCNM violated the Act. Otur investigation of this matter indicated that the ~newsletters in question were distributed only to members of the non-pirofit corporation, RLC-NM, Since the Federal Election Campaign Act, 2 U.S.C. §44ib(a) and (B), permit such dsrbto and solicitfation of contributions to members of the corporation, the Office of the General Counsel recommaended to the Commission that RLC-NM committed no violations of these sections by their distribution of the newsletters. uthr the Commission found RLC-NM not to be a political comittee, thereby obviating the need for RLC-NM's compliance with 2 U.S.C. §S433 and 434. Accordingly the fi~e in this matter, number MUIR 959, has been closed, If you have any questions, please contact R. Lee Andersen, the attorney assigned to this matter, at (202) 523-4035. General Counsel b, L .onr,daf&on, o£aa ancd W.ei u.x, s~o, . Ajt1i 3C, 1 79' CC~teLrInf tC)e activities 0t w '4.4.i(L.)1 4I' a 44 CLt Li .e [.(-.ca t~iectionf a1dj~ZiJ~ ACt ot F i! C:,."Itic, LC,, Li o XI t A- t..( itt1I tI...bjrsO f leQJ r~ rati. ~ '...LX0L. uz~iLvufLtcu :ut [-,ir; €to 1avc±ttf iol j.,, L ..-.. " u..,:,t u . sla i t L mtC i.vse ,-, 27oh u tLei £ .'t-r',I .& .,i~ a ce ,it' 4.~L.2 ut, A , if-43, tO. 34 At CA~~l(l flEBORE ~ FEDERAL ~a~~ict~ 3~flI$$ION The Rigt to Lie Cctnte) UR959 I, Majorie W, Enons, RcriqSreayfor th~e Fedra Election Co~nssion' s ExctieSssion on Deerte 9,, 1979,dohrb certify that the Carnssion deemndby a vot of 5-0 totk h follc~ing actions in MLJR 959: 1.^ Fin no resal cas to beieveta sodn my,have violate 2 U.S.C. §433 by failing to regster as a political cctrnttee or 2 U S.C 434 by faiin to file rptswith 02. F'ind no resoale aue to belevel that Repndent may have prear, pitand distribute its neslteousdis neueshp. 3. Find no resnbe !cause to believe that the Repodet C outside of its ir esi. S4. Tae noatno th affiiation issve an close the file. 5. Aprv n send the lettrt repodntad Tlant asattce to the Geea (bunsel' SDeer 13, 1979 rpr in this mtter. Catnssines Aiens, Friedersof WXx , ich e, and Tiera voe affi r tvly for th abv acin; Cor~SSie Haris was not present at the tieof the vot. Attet: Date o~ . r Secrety to the oriSsion FEDE RA L EL ECTION COMMISSION WASHiNGTON, D.C. 204b3 MEMOANDU TO HRES STEELE PRO: MA ORIE W. EMMOS/MGARET CHANEY DATE: DECEMBER 1 8, 1979 SUBJECT: OBJECTION - MUR 959 - General Counsel's Report dated 12-13-79; Received in 00S 12-14-79, 11:2 6 The above-named document was c irculated on a 48 hour (\V vote basis at 11:00, Decmer 17, 1979. C', Comssioner Harris sbitted an objection a t 7":4 Decmer 18, 1979 thereby placing MtR959 on the Executive Session Agenda for Wednesday, December 19, 1979. A toyof CommissiOner Harris' vote she is attache with his comets . ATTACHMNT : Copy of Vote, S heet I~~TALT h A T (., * hF. *J~i :;2:7 I: FEDERAL EL ECTI ON COMM iSSiOP r, , 1325 K STREET W '~ 1: WASHINGTON, DC..204b3 ~;4 Date and Time Transmitted: MO tY, 12-17-79 i11: 00 C mssioner F~BI~SQF IEs, TI RNA, :MCGA , ?E , I SRI RETURN TO OFFICE OF COMMISSION SECRETARY BY: V"TEDNESDA, DECEMBR 19, 1979 i:!1:00 MUR No. 959 -General Counsel's Report dated 12-13-79 ( ) I appr~ove the recommendation (V' i Object to, the recommndati on COMMENTS: ....... 4 tj,., y-v! - ...................... : , , , , ~ A 'Qzt j :, , , , Date: ~ - C7Q~ Signature. UNTILTHE OFFICE THE APPROVALOF GENEA OF FOURCOUNSEL CMISSIONES WILL TAKE NOIS ACTION RECEIVED. IN THISPLE MATTER RETURN ALL PAPERS NO LATER TA THE !DATE AOTIME SHW ABVE TO THE OFFICE OF CMISSION SECRETARY:. ONE OBETION PAES THE ITE,,1 ON'!THE EXECTiVE SESSION AGE Ir)A.. N MOADUM TO: Marjorie W. Ees F,ROM: Jane Coligrove MR1 959 Please have the attached General Counsel's Report on MUR 959 distributed to the Comission on a , 48 :hour tally basis. Thn yu v W ... BEFORE THE FEDERAL ELECTION COMMISSION ?9 0.E0 Ai 21 in the Matter of ) MUR 959S The Right to Life Committee ) of New Mexico ) GENERAL COUNSEL' S REPORT The complaint.. in this matter alleged that Right to Life Comtmittee of New Mexico used corporate money to publish and distribute a newsletter endorsing federal candidates. In the N Commisision's first analysis of this matter, it found reason to bel ieve tt 1. The Right to Life Committee of New Mexico (RLC-NM4) ~may have violated 2 U.S.C. §441b(a) by using corporate ~monies to prepare, print and distribute its newsletter outside the corpor ate communit;sokldrectis ... and adiitaieemployees; 2. The Right to Life Committee of New Mexico may have __iviolated 2 U.S.C. §441b(b) by Soliciting contributions out side its mmbershi p, 3. The Right to Life Committee of New Mexico may have C'violated 2 U.C. §433 by failing to register as a political committee as required by' that provision ' -- of the Act, and may h ave v iolated 2 U.s.C S434 by failing to file reports with the Commission as re- quired by that provision of the Act. PurSuant to the Commis sion' s a uthoriz ation, the Of fice o f General Counsel notified the respondent of the f indings and enclosed a set of questions to be answered. The answers to the questions have been received and are attached to this report. LEGAL ANALYSIS AND EVID1'CEZ EXPEJN ITURES IN CONNECTION WITH AN ELECTIONi The First General Counsel's Report presented its analysis in alternative findings. At that time it was unclealr whether 2- RLC-NM was a corporation or a poiical committee for purposes of the complaint. The report discussed the relevant allegations under both of these alternatives. With the receipt ofth responses to Commission questions it now appears that RLC-NM is a non-profit corporation, not a political committee. LC'sC articles of icroaonand by-laws specifically provide for a membership corporation organized for the conduct of various activities related to promoting pro-life views. It is possile for RL-NM to be a membership corporation that is a political comtmittee within the meaning of 11 C.F.R, §114.12(a). However<, investigation has shown that RLC-NM made no contributionS , or expenditureS totaling over $1,000, SO the 2 U.s.C. S433 issue does not arise, Consequently, consideration of 2 u.S.C.
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