November 2000 Federal Election Commission Volume 26, Number 11
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November 2000 Federal Election Commission Volume 26, Number 11 Table of Contents in 2001.2 They will be included, for ComplianceReports the first time, in prior notices of Reports reporting obligations mailed to 1 New FEC Forms for 2001 treasurers in 2001. 2 New Reporting Requirements New FEC Forms for 2001 Because they have been reformat- 4 Commission Extends State Filing To comply with new statutory ted, the new forms differ in appear- Waiver to Senate Elections reporting requirements, the Com- ance from the current forms. Other 4 Georgia Receives State Waiver mission has updated its campaign notable changes to the forms are finance disclosure forms 1, 1M, 2, 3, 4 Advisory Opinions listed below: 3X, 3P, 4, 5, 6 and 8. These forms • New codes for categorizing the 8 Federal Register have been revised, as appropriate, to respond to reporting requirements “purpose of disbursements” such as mandatory electronic filing (Schedule B for Forms 3 and 3X; Court Cases Schedules E, F and H4 for Form 8 Lenora B. Fulani v. FEC for committees whose contributions 8 Becker v. FEC or expenditures exceed $50,000 per 3X). Committees will be asked to 8 Missouri Republican Party v. year and election-cycle reporting for voluntarily assign a code to Charles F. Lamb authorized committees—both of identify the purpose of the dis- 9 Wertheimer v. FEC which take effect for reporting bursement in addition to providing 10 Buchanan v. FEC periods beginning on or after the required written description. 10 Reform Party of the United States January 1, 2000—and the state These codes will be included in the v. John Hagelin and Reform Party filing waivers program already in instructions. of the United States v. Gerald M. 1 • Revised instructions that inform Moan effect in many states. Additionally, forms 1, 3 and 3X have been committees of the new rules 10 Natural Law Party of the United governing election-cycle reporting, States of America v. FEC reformatted so that staff can process them faster and more easily and so mandatory electronic filing and Compliance that they can eventually be read waivers from filing with certain 10 Commission Launches Alternative electronically through optical states, as appropriate. Dispute Resolution Program character recognition (OCR), in • Separate booklets of instructions anticipation of the Commission’s for filling out forms 3, 3X and 3P. Public Funding future use of this technology. The 12 Hagelin-Goldhaber Denied Public new forms were transmitted to (continued on page 2) Funding 12 September Matching Funds Congress on September 15, 2000. The Commission will make the new 2 The first regular reports required to Statistics forms available for use in the first be filed on the new forms are the 13 Congressional Campaigns, Parties reporting periods covering activity February 20 report for monthly filers, and PACs the mid-year report for quarterly filers and the April 15 report for Presidential Outreach committees that file quarterly. Reports 14 Public Appearances that cover activity for 2000, such as the 1 For a list of states that have qualified 14 Roundtables year-end report filed January 31, 2000, for the filing waiver, see page 3. will use the current forms. Federal Election Commission RECORD November 2000 Reports first report after the general do so,1 must submit their reports (continued from page 1) election.3 Candidate committees electronically. Any filers who are will use this form only at this time, required to file electronically, but These instructions will be included when the committee must disclose who file on paper, will be consid- with the forms in the prior notices activity for two election cycles in ered nonfilers and may be subject to mailed to committees and will also one report (under the new election- enforcement action. The mandatory be viewable on the FEC’s Web site cycle reporting rules). For all electronic filing provisions (11 CFR at www.fec.gov. other reports filed during the 104.18) apply to any political • Space on Form 1 for e-mail election cycle, candidate commit- committee or other person required address and Web site. Form 1 has tees will use the regular Detailed to file reports, statements and been revised to provide space for a Summary Page. designations with the FEC. This committee’s e-mail address includes all filers except Senate (required of electronic filers only), For more information about as well as the committee’s Internet mandatory electronic filing or Web site address if the committee election-cycle reporting, see page 1 of this issue. For information on has such a site (required of all 1 committees under the new regula- state waivers, see page 3 of this Once filers actually exceed the issue.✦ threshold, they have “reason to expect” tions). to exceed the threshold in the following • A new Post-Election Detailed two calendar years. 11 CFR 104.18 Summary Page for authorized (a)(3)(i). This means they must continue candidate committees only. New Reporting Requirements to file electronically for the next two Candidate committees will use this New reporting requirements will years (January through December). new form in place of the Detailed be in effect for reporting periods Filers with no historic data on which to Summary Page and portions of the that begin on or after January 1, base their calculations should expect to Summary Page when they file the 2001: exceed the threshold if they either receive contributions or make expendi- • Mandatory electronic filing, which tures that exceed one-quarter of the affects most committees, individu- threshold amount in the first quarter of als and organizations that receive the calendar year, or they receive contributions or make expenditures contributions or make expenditures that in excess of $50,000 in a calendar exceed one-half of the threshold amount year; and in the first half of the calendar year. 11 Federal Election Commission • Election Cycle Reporting, which CFR 104.18 (a)(3)(ii). The regulations 999 E Street, NW affects authorized candidate allow an exception to the requirement Washington, DC 20463 committees only. of filing for the following two calendar 800/424-9530 years for candidate committees: 202/694-1100 Mandatory Electronic Filing • That have $50,000 or less in net debts 202/501-3413 (FEC Faxline) Beginning with the reporting outstanding on January 1 of the year 202/219-3336 (TDD for the following the election; hearing impaired) periods that start on or after January 800/877-8339 (FIRS) 1, 2001, all committees that receive • That anticipate terminating prior to contributions or make expenditures the next election year; and Darryl R. Wold, Chairman in excess of $50,000 in a calendar • Whose candidate has not qualified as Danny L. McDonald, year, or that have reason to expect to Vice Chairman a candidate for the next election and David M. Mason, Commissioner does not intend to become a candidate Karl J. Sandstrom, Commissioner in the next election. 11 CFR 104.18 Bradley Smith, Commissioner (a)(3)(i). Scott E. Thomas, Commissioner 3 For candidates who are nominated for While all committees must file elec- James A. Pehrkon, Staff Director the general election, the new page must tronically in the year in which they Lawrence M. Noble, General be included with the Post-General exceed the threshold, authorized Counsel report filed 30 days after the general candidate committees meeting these election. For candidates who do not requirements do not “expect to exceed Published by the Information participate in the general election, the the threshold” in the following two Division new page must be included with the calendar years and, therefore, need not Louise D. Wides, Director first report filed after the close of the file electronically during those periods Amy L. Kort, Editor election cycle, normally the year-end unless they actually exceed the thresh- http://www.fec.gov report. old. 2 November 2000 Federal Election Commission RECORD candidate committees, which file The new rules do not affect unau- need to account for that activity as with the Secretary of the Senate.2 thorized committees, such as PACs part of his or her election-cycle-to- Application of the $50,000 and party committees. date reporting. Threshold. Each unauthorized The change to election-cycle Aggregating election-cycle committee (PAC or party commit- reporting is intended to simplify contributions for reporting purposes tee) must file electronically if the recordkeeping and enhance report- may differ from aggregating these total contributions or total expendi- ing. Under current regulations, amounts for the purposes of calcu- tures of that committee exceed, or candidate committees monitor lating contribution limits. For are expected to exceed, the $50,000 contribution limits on a per-election reporting purposes only, committees threshold. The threshold is calcu- basis, but disclose their financial must include all contributions lated on a per-committee basis, and activity on a calendar-year-to-date received during an election cycle each committee calculates its own basis. Under the new system, even if a contribution is designated contributions and expenditures committees will report all of their for another election cycle. For separately and files separately, even receipts and disbursements on an example, if, after an election, a if it is affiliated with another election-cycle basis. 11 CFR 104.3 committee receives a check that the committee. Definition of Election Cycle. contributor has designated to pay By contrast, all committees Under FEC regulations, an election the debts of that past election, the authorized by one candidate must cycle begins the day after the committee will disclose this contri- file electronically if their combined general election for a seat or office bution as part of the total contribu- total contributions or combined total and ends on the day of the next tions for the reporting period and expenditures exceed, or are ex- general election for that seat or election cycle in which it received pected to exceed, the threshold.