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This Is the Beginning of Mr ~. -. 0 FEDERAL ELECTION COMMISSION WASHINCTON. D C 20463 THIS ISTHE BEGINNING OF MR # DATE FII.E1 a CAERA N0. V -4 - CAMERMA A-5 ARNOLD & PORTER PARK AVENUE TOWER 1200 NEW HAMPSHIRE AVENUE, N. W. 1700 LONCOLN STREET 65 EAST 55TH STREET DENVER, CMORADO 60203 NEW YORK, NEW YORK 10022-3219 WASHINGTON, D. C. 20036 (303) 03-1000 (212) 75 5050 (202) 672-6700 CAM"E: "ARFOPO" TELECOPIER: (81)0781 470 TELX 00-2733 November 7, 1990 ~? Lawrence Noble, Esquire .5 General Counsel Federal Election Commission I 999 E Street, N.W. Washington, D.C. 20463 - Dear Mr. Noble: Please accept for filing the enclosed complaint, which alleges that Mr. Jack Hawke, the North Carolina Republican Party and its Treasurer have violated 2 U.S.C. § 437g(a)(12) and 11 C.F.R. S 111.21 in connection with NUR 3109. I hope that you will move expeditiously on this complaint. Very truly yours, Kathleen M.H. Wallman Sheila M. Nix Enclosure cc: Mr. Michael Marinelli NARAL NARAL-PAC November 2, 1990 Lawrence Noble, Esquire General Counsel Federal Election Commission 999 E Street, N.W. Washington, D.C. 20463 Dear Mr. Noble: I am Kathryn Young, Treasurer of National Abortion Rights Action League Political Action ("NARAL Committee PAC") during the period of time at issue in MUR 3109. I am writing to allege a violation or violations of 2 U.S.C. § 437g(a)(12) and 11 C.F.R. § 111.21. 1. The respondents to this complaint are the following: a. Mr. Jack Hawke, Chairman of the North Carolina Republican Party b. The North Carolina Republican Party, a political committee registered with the Commission, and its Treasurer, identified in the committee's July 13, 1990 report to the FEC as Carl G. Ward. I believe that these respondents may be found at the following address: 1410 Hillsborough Street Post Office Box 12905 Raleigh, North Carolina 27605 2. On August 10, 1990, Mr. Hawke and the North Carolina Republican Party filed a complaint against NARAL PAC. C! Ca Ac, cr 1101 14thStreet NW 5tn Foor Paid for by NARAL-PAC and Ccmmrtee Washington. D C 20005 not authorized by any candidate 202-408-4600 9-4. Lawrence Noble, Esquire November 2, 1990 Page 2 3. As indicated in the attached letter, dated August 15, 1990 -- five days after the complaint was filed -- respondents disseminated a copy or copies of the complaint that they had filed with the FEC to radio and television broadcasters for the purpose of intimidating the broadcasters from airing pro-choice advertisements. The letter indicates that the complaint was enclosed with the cover letter that is attached to this complaint (Exhibit 1). 4. As indicated in the attached newspaper articles dated August 14, 1990, complainants publicly discussed the contents of their complaint -- after its filing (Exhibits 2, 3 and 4). V) 5. It is unlawful under 2 U.S.C. § 437g(a)(12) on and 11 C.F.R. § 111.21 for any person to make public the contents of a complaint that is pending before the FEC without the written consent of the respondent. NARAL PAC has furnished no such consent. 6. Mr. Hawke, the North Carolina Republican Party, and its Treasurer have violated the Federal Election Campaign Act and the FEC's regulations. C 7. NARAL PAC urges the Commission to prosecute this violation of the law. Respondents' misuse of the Commission's processes to further their partisan political aims has compromised NARAL PAC's ability to obtain a fair and impartial adjudication of the allegations contained in the complaint. It is an affront to the Commission and its procedures, which are designed to protect respondents against reputational damage from publicity of unproven allegations and to preserve the integrity of the Commission's adjudicative functions. @0 S. CITY OF WASHINGTON ss: DISTRICT OF COLUMBIA The affiant, first being duly sworn, deposes and says: I, Kathryn Young, affirm that the allegations contained in the foregoing complaint are true and accurate to the best of my knowledge. Kathryn YYung a Subscribed and sworn to before me this 2'4 day of November, 1990. No ary Public M&IZ Co z-.n 2 F:xpy.4 14, 5)3 My commission expires: C" 5:24THE 46ON jot NO"A&WMWfw* REPUBUCAN fv MMf PARTY w m A" ft It Conaet tva e TEA AugUst 15, 1990 7f') General Manager Radio r) North Carolina Dear Sirs The North Carolina Republioan Party understands the National Abortion Rights Leaque (NRAL) intends to purchase time On TV&-4* stations to broadcast pro-abortion advertisements which would promote the candidacy of Harvey Gantt tor the U.S. Senate. = C) B.Oause these advertisements would not constitute a "use by Gantt under Seotion 315(a) of tre CounicotLons Act of 1934, as amended t47 U.S.C. 315(a)], your station is not required or obligated to broadcast such advortiseaents. We understand that many stations in other states have declined tO broadcast such controversial advertiseaents durinq political campaigns. First, we intend to closely monitor these advertisements to determine whether they personally attack* Senator Helms, or any Federal identifiable group, i.e. prolife groups. The Coumunioations Commission still enforces the "personal attack" of the Fairness Doctrine. AM; letter of September 22, provisions D. 1987 from Dennis R. Patrick, Chairman, to the Honorable John Dingell, Chairman, Committee of Xnergy and Commerce, United States House of Representatives. the We vill consider any suggeetion or innuendo in that senator Helms, or pro-life groups, hate women, advertisements or are anti-female, are anti-constitutionl liberties, 0F * 03 August ISO 1990 Page two are against the Constitution to be a personal attek on his, or their integrity and like personal qualities. AM, Section 73.1920 of the FCC Rules. VO vill request free broadoat tume to respond to any such "personal attacks". An you are no doubt licene irt illf ul or repetedavaro, failurethe FCC to may alfow, ievoke reasonable any broadcast access for use of a broadcast station by a legally qualified candidate tor Federal elective office, such as Senator Heles$ on behalf of his candidacy. AM, Section 313(a) (7) of the Communications Act of 1934 as amended [47 U.S.C. 312(a) (7)]. Secondly, of even greater concern, We believe NARAL is violating Federal Election Laws and that these ads are an illegal campaign contribution by NAML to Mr. Oantt's campaign. Enclosed ... is the complaint ve have filed with the Federal Slection Commission ageinst NhAR , in addition to the personal attacks issue, should the Federal Election Commission rule these ads are an illegal contribution, then your airing then would alearly hfdstriem al to 11hetnulic C) In t L e stress these ads are not a candidate use, so you share the responsibility for airing them. we urge you to carefully have your legal counsel review this material before you broadcast t IAl's attacks on Senator HA %E9SxY" 0 wavite r the rdecal 21 d2L on n ieeJion'ii O;A€_JJIhelms. -- a t..jL_1qalit'y or NAgAL'I_ oorjhutj n befrr e has& Adr-t lshould you, after reviewing the enclosed, decide (before the Federal Election Commission rules) that this is not an Illegal contribution and decide to air these ads, we would appreciate your letting us know, as we intend to monitor this situation closely. Thank you for your cooperation. Best personal regards. R. Jack Hawks ~Chairman, North Carolina Republican Party 2 IbO w .su.5' 5)b1r,1 . 61Rse. N C .Ijt.dAV Ag 14. 3990 D leims ally seeks to block aborti~on-r in~d athecmees,~s 9igts ad( sai With A. Sieder. ev. 'stve &redm of NARAL s u tohp- ]hmhis lettr is the Gtevimio Suede,, of Republican Sem. ter. M- Hab WA and idimne eme MS. Zielr =Wl Onm be1.va Mr. labe ureld them A. KN.lm are attenang to cmmer theming ita do miie caw to comitl~wihewr, lawyem kwh am airift of an abmo. c 4asareu igbylw helev aarufthan~ 40"a VOsqm teleytummn e'Wguuz*atn deeA Mr,. Hlm Go ommer- Sd his Complaint erred thoehe"ie ,a, "Imaing 'be "mawfr hIis OWnwas being rn inqenhty1 I*~ mew from the Caumpamgn with the PWndordi "Swoul bheFix no thes ash of nDewmvOerat Com-(in ame an ilegal 00111rdgINeA, Ste Senate candidate Harvey B. misio chargin adt "h ab. thm a~dm RA W am a Republian Chaimanm U. Wsmriglm awkqhm would deadry be act Hawke Jr. Cmmerew ni a ae hasgmseteters to The illegal camfp detrim is L*hepublic imer. beft" 0- h numbw of tleiin Collmerewaskets (lmot an I* mobihetim. eltk" a Satimsg Wrasinm Mr. The COFOS Gmplain argues Mr. Hlawke aid. 4MNUW themt of possible legA Helms Ima epam.1 The Wer aken UWim iwuaim if t1* non the cowa S"m 2111tiO cam be Wel legally edPeukdis by tOw Noinal Go 1mm all almutim. evem in came hum~ smasiMda d1rape &Wd ui. ta* Gi campaip. it aeem tad 0 1-01 10 allaeks - anl. Tts &AiMr. Hawbe&Bargej NARAL has hkvi mh In~t con. qa0l Si- b1110 NO Hlmu Campniqp has, piew ame UKm amemeae 'Puge by a cmidi. am, "cwmwmer Odbit wasn not Sepaae (rumn d~a re.'*i M enle bhe mumInvoW. Ganat tdo whe hem ame dooe see in the polka for bve Triangle. where deore,,inugaa ate $ae we aanide amy *a n- '117-Tv 111 d110ued imwltd eda eCion law. --- 'crbe"t ams for Ms.-WWW"?Jgwm m. Wam it to air I. Owe Demons* &ftuht "b or lauein sth advetise. Ifteever. aevenal aatum = 21.
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