FEDERAL ELECTION COMMISSION ~~$NI'sC1O% DC 2O4b~
ThIS ISThI~MM3~JR#
MIE FILlED CA~RA 10. -L. 0 VZD3RAL 3LSI~?IOM COtUflSS*Ot Willi:m D. White petitioner, f{j~ 31 I~
Pittabur qh Post-Gazette League of Women Voters respondents, ~QW~ The above named respondents produced and disttib.td a U~ p59S supplement to the Pittsburgh Post-Gazette nevepapeg perp.ztieJ to be a comprehensive guide to the electorate pilo: t,~be prSiZY elections held here in Pennsylvania in April 1991. ~ pj~tburgh Post-Gazette and the League of Women Voters r.heg~~~.be SAW mention of the petitioner as a candidate in any public dissemination, instead publicizing the Democrat party candidates. This and other pubit make any mention of the procedure to nominat a~u~ candidate. This and other publiCationS are I prohibited contributions to th campalqns Of and Lynn Teakel.
2 u.S.C. 432(8) - S100.7(a)(l) defines a *.anything of value made by any person for the influencing any election for federal office...', ~ Of 2 V. L~~A~1L8~1 - SlOO.7(a)(E)(iii)(A) defiaeg~bg$Sf value as including "all in-kind contributions' andttb provision of any qoods or services vithout charge o~ 4 *~~r9e which is less than the usual and normal charge for d*~i or services is a contribution." Examples cited in this r.g~10S of qoods and services include "facilities, equipment, supplIes, personnel, advertisinq services, membership In coordination with the Specter and Yeakel campai~, photoqraphs of their candidates and other informaties to the Pittsburqh Post-Gazette and the League of Wo~~ ii~ for publication. The Pittsburgh Post-Gazette refused to puk4j~~Y of the information provided by the petitioner. As a news event, there was no attempt made to pr "reasonably equal coveraqe to all opposing candidates l* circulation or listeninq area" required under 3 100.flb ~ to exempt the publication from contribution repoitin, Page ( 1) Further, tM itts~utqh POst-Sazette fteque~~ 4 pctr am4 *~. ?eakel in their flew reportinq~ Vs. S.~t campaiqn vhile deliberately omitting all mention of the pet~t1oner in editorials and features about the U.S. Senate cempai~m. As a business organization not registered with the 7.d.xei Election Commission as a political organization, Yb. pittsIwqh Post-Gazette is prohibited from making political Contribnt~G~s to specific candidates under these circumstances. The League of Women Voters, while publicizing ~S~f a. 8 non- partisan political organization, is in fact a pert1~ organization vhich functions on behalf of the Re*~m~ an~ Democrat parties. A copy of this complaint has been served, via p' United States Nail, postage pre-paid, on Kovemb.z the follovinq; o ~1ttsburqb fPo.t~eazette PittsburqC. Pa. 15219 of Iogs~m Voters of Pennsylvania reet harrisburg, Pa. 17102-3220 Lfl I, William D. White, swear that the foregoi~ j~ o true to the best of my knowledge.
WI V1i~i D. Wh I t~TfT~ r 16 East Hanilla Avenue 4l2-922-38~s4 15220
Subscribed and sworn to before me
on this //~da y of \~J~ / , 1992
I N~*w~S~
I & ~iPK~zu~ 4oWyR~
I P~xa~ Aie~e 'v COLDly Ld CLX~WT~.Ct~ Expi~ JL4 Z. 1993 Mwrt~v Perrs ~uAegoa~gy c~ !hctiiss I
Page(2) w A
FEDERAL ELECTION COMMISSION WASHINGTON, DC 204f.3 November 30, 1992
William D. White 16 East Ranilla Avenue Pittsburgh, PA 15220
RE: NUR 3713 Dear Mr. White: This letter acknowledges receipt on Novemb~ 23. I02~ your complaint alleging possible violations of th v~s~a$ Ilection Campaign Act of 1971. as amended ('the and Li o Hardy Tak:l, theLynn HonorableY.ak.l for Arlen U.S. Specter.Senate citi - Spectr and Stephen 3. Harmelin, as treasurer, Women Voters of Pennsylvania and the Pittsburgh The respondents will be notified of this couplaist ~ days. You will be notified as soon as the Federal u1.Upm Commission takes final action on your complaint. shss~~S ~ o receive any additional information in this matter, p)eaim forward it to the Office of the General Counsel. ~ information must be sworn to in the same manner as th .tlqiei complaint. We have numbered this matter MUR 3713. Please ~et.r to this number in all future correspondence. For your information, we have attached a brief description of the Commission's procedures for handling complaints. Sincerely,
Lisa K. i fn Assistant General Counsel
Enclosure Procedures FEDERAL ELECTION COMMISSION WASHINGTON. 0 C 20463
November 30, 1992 Lynn Hardy Teakel 257 S. Ithan Avenue Rosemont, PA 19010
RE: WR 3713
Dear Ms. Yeakel:
The Federal Election Commission received a c~*a~t *%~b indicates that you may have violated the Federal 3l4*4~ 04 Campaign Act of 1971, as amended (the Act). A complaint is enclosed. We have numbered this ~ p Please refer to this number in all future cart under the Act you have the opportunity to writing that no action should be taken against yt~. matter. Please submit any factual or legal matex$4, believe are relevant to the Commission's analysis f matter. Wbere appropriate, statements should be ~ oath. Your response, which should be addressed t~ the eseve~ o Counsel's Office, must be submitted within 15 days of t..5'~ of this letter. If no response is received within 15 daVe, the Commission may take further action based on the available information. This matter will remain confidential in accardasce with 2 U.S.C. S 437g(a)(4)(B) and S 437g(a)(12)(A) uniesa y~ setfy the Commission in writing that you wish the matter to be ~ public. If you intend to be represented by counsel is this matter, please advise the Commission by completing the esglee.d form stating the name, address and telephone number of such counsel, and authorizing such counsel to receive any notifications and other communications from the Comissios. Lynn Hardy Yeakel Page 2 If you have any questions. please contact Craig D. Reftt the attorney assigned to this matter, at (202) 219-3400. rer your information, we have enclosed a brief description of tbe Commission's procedures for handling complaints. Sincerely,
t1sa K. Klein Assistant General Ceinel Enclosures 1. Complaint 2. Procedures o 3. Designation of Counsel Statement
9E)
0 FEDERAL ELECTION COMMISSION WASHINGTON. DC 20463 November 30, 1992
Sidney Rosenblatt, Treasurer Lynn Yeakel for U.S. Senate 304 C Lombard Street Philadelphia, PA 19147 RE: RUR 3713
Dear Nr. Rosenblatt: The Federal Election Commission received a
- indicates that Lynn Teakel for U.S. Senate (Com~ you, as treasurer may have violated the Federal campaign Act of 1971, as amended ('the Act'). ~ complaint is enclosed. We have numbered this muA Please refer to this number in all future corre Under the Act, you have the opportunity to 1. writing that no action should be taken against the ~ end you, as treasurer, in this matter. Please submit amy gggeJ or legal materials vhich you believe are relevant to t~ o Commission's analysis of this matter. Where appre~5t~~ statements should be submitted under oath. Tour rempu tch should be addressed to the General Counsel's Of ficin, ~t submitted within 15 days of receipt of this letter. U response is received within 15 days, the Commissios say tehe further action based on the available information. This matter will remain confidential in accordamem witb 2 U.S.C. S 437g(a)(4)(B) and S 437g(a)(12)(A) unless yam mettfy the Commission in writing that you wish the matter to be m~. public. If you intend to be represented by counsel is this matter, please advise the Commission by completing the esc1e.d form stating the name, address and telephone number of such counsel, and authorizing such counsel to receive any notifications and other communications from the Coissiin. Sidney Rosenblatt, Treasurer Lynn Yeakel for U.S. Senate ?age 2 If you have any questions, please COntact Craig D. Ref fer, the attorney assigned to this matter, at (202) 219-3400. F~ your information, ye have enclosed a brief description of t~ Commission's procedures for handling complaints. Sincerely.
Li K. Rlein ssistant General C~J~1 Enclosures 1. Complaint 2. Procedures 3. Designation of Counsel Statement 4
~I,
0 '' .
FEDERAL ELECTION COMMISSION WASHINCTON. DC 20463
November 30, 1992
The Honorable Anon Specter United States Senate 303 Hart Senate Office Building Washington. DC 20510 RE: HUR 3713
Dear Mr. Specter: The Federal Election Comission received a C@~3aAij~ ,*ich indicates that you may have violated the Federal Campaign Act of 1911. as amended ('the Act). A complaint is enclosed. We have numbered this matteE Please refer to this nuer in all future corre
Under the Act, you have the opportunity to IA writing that no action should be taken against y~ i~ It') matter. Please submit any factual or legal materi.) **~ you believe are relevant to the Commission's analysis of tM matter. Where appropriate, statements should be ~ tder oath. Your response, which should be addressed to the ~ieL Counsel's Office, must be submitted within 15 days of r.1$ of this letter. If no response is received within 15 days, the Commission may take further action based on the available information. This matter will remain confidential in accordanme with 2 U.S.C. S 437g(a)(4)(s) and S 437g(a)(12)(A) unless ysu astify the Commission in writing that you wish the matter to he made public. If you intend to be represented by counsel in this matter, please advise the Commission by completing the emcleed form stating the name, address and telephone number of such counsel, and authorizing such counsel to receive any notifications and other communications from the Coissi. The Honorable Arlen Specter Page 2 If you hay, any questions, please contact Craig o. a.fter, the attorney assigned to this matter, at (202) 319-3400. ie~ your information, we have enclosed a brief description of the Commission's procedures for handling complaints. Sincerely, sa K. Klein
Assistant General Enclosures coussipa 1. Complaint 2. Procedures 3. D.signation of Counsel Stat ement
0 LECTION
I E COMMISSION ASHIP4G1ON. DC ~b3 uove~er 30, 1992
Stephen J. Earmelin, Treasurer Citisens for Arlen Specter 6th & Walnut Streets Suite 660 Curtis Center ?hiladelphia. PA l91~ 33: NUN 3713
Dear Sr. Narmelia:
Lfl The Federal LiecUon C~i*i@n received * imilcetes that ClUessa t~ Aslss Opectef ( as tresesrer. US~ hev0 u*sZte4 the ftds1 Act of 1fl~, ~a uin %~Ib Alt') * A enclosed. We h~ um~~'1~e matter ~ Y~V) to this aw~er it all ~wte ~grtu~peindein@@. ~ t0 Under the ~t. ym have the opportunity to dMS~II~ vriting that m action eheuld he taken apaimat the ~~** *-'~ you, as treasurer, in this matter. Please suhait rnfastI Or legal materials which you believe are relevant to the Commission's analysis of this matter. Where appropritt*. statements should be suhaitted under oath. Tour cespeam, *Lch should be addressed to the General Counsel's Office, t he submitted within 15 days of receipt of this letter. If - response is received vithin 15 days, the Comaission may tahe further action based on the available information. This matter will remain confidential in accordance with 2 u.S.C. S 437g(a)(4)(S) and S 437g(a)(l2)(A~ unless you notify the Commission in vriting that you wish the matter to be mad. public. If you intend to be represented by counsel in this matter, please advise the Commission by completing the .nclo*Sd form stating the name, address and telephone nu~er of such counsel, and authorizing such counsel to receive any notifications and other communications from the Commission. Stephen 3. Harmelin, Treasurer Citizens for Arlen Specter Page 2 If you have any questions, please contact Ctaig o. aeffmr. the attorney assigned to this matter, at (202) 219~34oo. us your information, we have enclosed a brief description of t~e Commission's procedures for handling complaints. Sincerely.
C-Lisa K. Klein Assistant General Coumasi Enclosures 1. Complaint '0 2. Procedures 3. Designation of Counsel Statement cc: The Uonorable Arlen Specter
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0 FEDERAL ELECTION COMMISSION * WASHINGTON DC 20463 November 30, 1992
League of Women Voters of Pennsylvania 226 Forster Street Harrisburgh, PA 17102-3220
Kg: MUR 3713
Dear Sir or Nadam: The Federal Election Commission received a indicates that the Leaue of Women Voters of Penney -, have violated the Federal Election Campaign Act of I amended (the Act). A copy of the complaint is up
- have numbered this matter NUN 3713. Please refer e~ er in all future correspondence. Under the Act, you have the opportunity to de~~U Lfl writing that no action should be taken against the .5 Women Voters of Pennsylvania in this matter. Pleane 11 DRY factual or legal materials which you believe are ~ u the o Commission's analysis of this matter. Where appropri.t~. statements should be submitted under oath. Your reg~~~ ich should be addressed to the General Counsel's Office, mast be submitted within 15 days of receipt of this letter. If - response is received within 15 days, the Commission may take further action based on the available information. This matter will remain confidential in accordance with 2 U.S.C. S 437g(a)(4)(B) and S 437g(a)(12)(A) unless ye, aeti$y the Commission in writing that you wish the matter to be ~ public. If you intend to be represented by counsel im this matter, please advise the Commission by completing the enclosed form stating the name, address and telephone number of such counsel, and authorizing such counsel to receive any notifications and other communications from the Comissiom. League of Women Voters of Pennsylvania Page 2 If you have any questions, piesse Contact Crdi9 D. 3ef~~. the attorney assigned to this matter, at (202) 219-3400. P#f your information, ye have enclosed a brief description of t~ Commission's procedures for handling complaints.
Sincerely,
a 3. 11 Assistant General ceumeel Enclosures 1. Complalat 2. Procedures 3. D.sigmstioua of Counsel Statement
~v) It) FEDERAL ELECTION COMMISSION WASHINGTON. DC 20463 November 30, 1992
Pittsburgh Post-Gazette 50 Boulevard of the Allies Pittsburgh, PA 15222
RE: MUR 3713
Dear Sir or Madam: The Federal Election Commission received a co.1m4at viib indicates that the Pittsburgh Post-Gazette -y bay ~ipr) #b4 Federal Election Campaign Act of 1971, as amended (' A copy of the complaint is enclosed. We have matter RUR 3713. Please refer to this number is aZZ~ - correspondence. Under the Act, you have the opportunity to writing that no action should be taken against th Wi') Post-Gazette in this matter. Please submit any materials which you believe are relevant to the cgesi~'e analysis of this matter. Where appropriate, stete~~ w* 4 be submitted under oath. Your response, which sbewlE he addressed to the General Counsel's Office, must be i~t within 15 days of receipt of this letter. If no re~sue te received within 15 days, the Commission may take further g~%Ofl based on the available information. This matter will remain confidential in accordeem with 2 U.S.C. S 437g(a)(4)(B) and S 437g(a)(12)(A) unless jon meIify the Commission in writing that you wish the matter to be in~e public. If you intend to be represented by counsel im this matter, please advise the Commission by completing the eagles.4 form stating the name, address and telephone number of sueb counsel, and authorizing such counsel to receive any notifications and other communications from the coissiin. Pittsburgh Post-Gazette Page 2
If you have any questions, please contact Cral, ~. a.ttes. the attorney assigned to this matter, at (202) 219-34@o. re~ your information, we have enclosed a brief descriptiom of the Commission's procedures for handling complaints. Sincerely,
Assistant General Vms.! Enclosures 1. Complaint 2. Procedures 0 3. DeSignation of Counsel Statement
0 #~RGAN, LEWiS & BOCKIUP
[email protected] A? Law ~AS Ammmas 8000 ORE LOGAN Souag
PMLAOELPI..SA. PE4NSYLVANIA O*103 00S3 .. ~ Lowooss ?gLcp..oesg age O*-tooO PRANNFUWY V.. as, seagase
GREGORY P4 HARVEY Oa~ se.g~v a's' @@3-54?
December 11, 1992 m iznm~ muinsu Federal Election Commission 999 W 3 3 Street, N.M. Washington, DC 20463 Attention: Lisa 3. Klein Assi5tant General Counsel Re: .IZLL Greetings: ~ This letter responds to the Complaints t White, pursuant to Ms. Klein's tvo letters dat~ to 1992 addressed to our client Lynn Hardy Yeakel. We incorporate by reference our earlier ~ Complaint of William D. White docketed at NUR 3706, ~jJy the portion of that response dealing with whether wUgjinI~j White was a ~ LJ~ candidate for election to the of~j4~ United States Senator. The activities challenged by Mr. White in ~ Complaints docketed at NUR 3713 constitut. appropriate public affairs programming or news cover~ is ~ the participation of the League of Women Voters was a~Wj~e and proper.
On behalf of Lynn Yeakel, we respectfully re~a~ ~ the additional Complaints of William D. White be dii~.. R~~ectfully years, A. QIH:pg enclosure MORGAN, Lzws & Uocrnus PWILASSLP.W*A Osuwemoms av L p~ ~ 2000 ows LOGAN 50.*mE ___ P4ILAIPWA, Pswwsv liSA 5503-6.53 * ~S, ~@
~: 65J weasgOg 5in.
GRSSomY M.H4mvgv Dma~ s.sgg~ tS~Sa.s.m? N)~.o *c~ c~ December 4, 1992 UL~ Federal Ulection Commission
Attentia,: Usa B. Klein Assistant General Counsel ~: .azn& Greetiags: in This letter responds to the Complaint of ~~gj~9 White, pursuant to Ms. Klein's letter dated Movem~,~)p3 addrseesil to our client Lynn Hardy Teakel. The Complaint purports to attribute a pe~h~ S.. kind contribution to the campaign of Lynn Teakel ~ station described in the Complaint as W~YQ-1W 90 * 5 ~ Gavin, described in the Complaint as Revs Directog~ et ~ The Complaint should be dismissed without ~ inquiry because the facts alleged in the Complaint a~t~ 8 description of conventional public affairs progreesSap ~* radio station. To the extent that additional facts may be relesunt concerning that public affairs programming, respoI~mt Iqmm Teakel incorporates by reference the Affidavit of J~ ~amwski, General Manager of WmJQ-flI, a copy of which is att~ ~ The complainant has either failed to undeg~ w intentionally misquoted subsbction 100.7(b) (2) (ii) of commission's Regulations. The portion of the Regmistias 9~ by the c~lainant would be applicable only if the ~ were 'wined or controlled by any political party, committee or cand On information and belief, P~ he licensed to Duquesne University, a degree-granting ~ of higher education. ~4. MQ*AW, Ltw#S & S@ceiuS Federal Election Commission December ~ * 1592 Pege 2
Nor~r, the ingilication of the Coq~laint that viiUU D. White (aite*), the ~lainant vas a £h cmiadide for election to the .f floe of United States Senator is misleading. Altbsm0a White, on informtiom ead beliof , litigation in a ~ersl District Court seeking am ~4et to ~1 the office of the Secretary of the ~@uieelth of i~lw~M sad each County 3oe~ of Ulectioums to oira.lsto inimti 9~WS for him, the reliqt sint ~s denied b~ the t. White failed t pra ~. the Secretary o~ e neminatimi p~m to a Ms - tO be 8*S ~ ass
~V)
N dinmstrated beetlI needed to place their ~ the Lfl This respesee is sqported bg the ilf*~~ ~ ~zndersignei, ~ -- ~~ the lagmairies 43 necepsez~~ establish the beckr~ comrning o~laiaut miw. to establish hlinelf as a ~m Lids omadidate. On behalf of Zqin Teakel ye r~ecthlly ~ the Complaint be dismissed I fully yinrs,
Grego K. :pg enclosure boc: Ms. Lynn Hardy Yeakel Ernest Sanchez, Esquire CWUOUWZAIE OF MThVANIA: SS cOUNTY OF PHUADZL1UZA C)
Gz~qO~Y No 3WI@~f, being first dulY sworn accordinq tO ~- -~ lay, deposes and says that be is the attorney for Iqnn Bawdy - Teakel , the responimit named in the foregoing latter ~SpOS~ ~ urn 3706 ('the latter Resposse') , that he has made lagmixy concerning the facts set forth in the latter Jaspoese and tb~ the facts set forth in the foregoing Iatt~ Ieupe are ttu correct to the best of his
Dated: December 4, 1992
Sworn and subscribed to before me this 4th day of December, 1992:
'p Al
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I sa tammxal ~WS m - ~ Urn IS J~ JmkkL. ~ - ~ '-, - w------w ~mme a3i~ w a~3;~T~~wwhLw=;:m;=L.m - F" ~WbW eM a~3aLat ~- -~c-~ gmegalas ~- OS 5W~W 36. £afrnUes *~abII~I I~4~ ~ mtve ~ u-~ -- ma. ~ 25 ~ '' 1S1333, - ~ tbe U.S. guestS -~ US. 3in~S ~I *SU 5*1k S3~L of ~NIeM. Ibis 4I~W to
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* Os: to m~ ~ - - I~. Ibito ~ aigUsa has km ammaxed With tha to his sap~ ft~raL UlesISm o~1uist filM kg m. ~Lt0 with lbs ) Omisaim La -. is a pmxawOWbblhWalxelh bea ~t is~12 INc go~1aL3t. xe~ 15 ~i~intM) W m. White'S Ia 1.rasrb 1 we iintoy ~. ite'U assartiOSS any at~ ~a as ilatrlbmatios of (w ~s thezo thare ±at.ZYSSV with U.S. kaste ditxLbete) ~s LtM UrnS ~S TSha1 As with all Uses. this Of WWQ bJ aim Ve~I - eM 1 eUt40t5 Liflim * 3 LW%5. aM it WE omlyam ilSitof ~. Whit. aMidatSa. Za filial his ~~lai5t fast 1kt be tue ~s gulOi to be 1k s@bedul*d f Ox -e SY13 is a palitimI usa of W~IQ. 1132 (to be bxo~3t ia a feshiOS S 2. that be himself ze~ustM a lbs - of . t~mho1) ~ aM -~ is that ~ga1e. -.. -. -,
~ ft1i~y, ~ 30. ~ osiled WUQ's lzogrm ~vt s. e tufom ~. ~ dat he GM m to he imst.~ ~ . ~,1au Vs m ultIately ~k da Sum eta inZ&.4a m.~umi lb. ~ 'A1 ma ~ a. ~ glum lb~1a'e tima - S~S*.3I the ~a1ma -~ ~ USglhLlLy e ~. ~Lss, ~ 41suML~ Ma 113 ef US IS' MM mtilktlmm to da usm ~
1aueug~ 3 -~ 4 Surt~ stt~ to ~3i the j~LtIes~ s et ~. ~he1, hgint - kidmr. ~ 25, a m.IsbIMm~Ls1ma et gs~s ~ to
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o ~ -s~ ef_-_w~ ~ II~ m a ~m1 e~1, 14 ~ * Osmotlen he~mm this winlti ~waau~wqtv ~* y~mkel. ~±3.e lb. ftwias Laltiel p~a&ini~. 5OU&t~U. 3r a 1mzt of da preaws of lied..) s t~st in. ~Is m t a g~jj~te~ ~* ~vla we estigely coeperativeI. mat ~tlee re~ati~ to all poUtLoal woe of --- Iv qmallf Ld amadLdatm mlb. altO wa st~ml~ t. a. ~ .?'.?~ -. of th tern vS~St IS owo.Itiom is pm5orative -i a of op±ai. M - lb* ~ILU ~5 edt the Cimal azhltw Is 4etexU.al~ ~mlLf Led oaniLGBtUS it is entirely 1m to the piniat at heed. ~Lts tn.oourately pars~bmS ~ br@SGOU5t b~ ~ binS ore aM ft~aS the po~ItLoal is.. ~, lb. Teahel. 3. erzoinemaSlY @le~ to 41aa~ a~ r~inIbLlLtV hr the progin's s~* it 'mm La feet statef that tha vime ~rm4 Vets t~ of.. ______ast se.me.srt)yzswrmat theme of ~ ~t tk 416 of 41a3a1.st 'mel e~,fftsu a3.I ~UtL.a1 me of "~"'~ ~ 1 ~ ;* ~ of t ~braL ~L4sm ~. mLa'm ze~~2 to tias of him is R.WL~ ~41L be ~3SSS6 Sbe~~7
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~ ~. aYia'S @~m±~. Uqeof a um1f~in1ibm i~1 vrit@41bL3 omiGW. the .SII-mIinSSof mtA*4~t o~aipi ohio. at his . aM MS bro~mtm as ~. ~. mite ~ m inlmatm oh rtbiainin in him oaL~. ~ ~ ~* gpea~e. or wee. zelsm. ~atb.r then r.flmctiD ~. GaYin' m retumml' oh ____ oinrage * ~. ite' a leek of oeMp 6~a~ m -- I ~ ~ery other miLe astlet in ieansylveflia. for t~ ishleota his 3aak of effort. skill, aM aserim. La Ss aspect of o~aii~. * in this ~laiat. appears to coverage of all t-inistast o~Lge. ~s Oover to he emmotoi. it oo~al6 easily be omtem as favoritim. ~. ~its aisw~ermt.~±DV os ~ inS. br@eSts play in heepi the public ±afozum~~m laM his t ammt that .ov.r~ u~l4 to 7.l 1w geveraimp tJoal ~sa~CL as illmmSami aM potastially GangerOuS ttom. ,~ .~
~ar1~ thin offer f free moms to I~isra1 o~L4ates bg~mt inlaty p.11tSoal uses t@t5flinfS.~I5~ th1~WEUDa. .tma~es of air tim ~L33 t.bS uw.'w~..'ws. ftrti-alm of thegs us.. ad three ~rs ~hirtv.mem almtes of thIs tim ~1@ te~~1 ibLt~tim 0b~ m the to 11 other ossdidate, Imlullag ~. White's ogpoinmts * ~. Whlt elear2y bet the Item's uhex, of 1slItL.a1usee .~ Ii ts dulW ~'5 ~11tLm1 hrS~a.t ffer. ~ lien's uhu of diatortloms ad iainmwinles ~I the ~M3tiDg Of wuh16 time s.f eolmaxe are hIs 1@. ZR fIlIinw this eimlaiat ~ White hitee the em bad the fAirly, 9 w4 11i, ad In gust faith.
N , - kes I. ~ ~
Subsoribet aM m~rn to before - .3 this ~. day of
0
) (SIAL) ~?V!T or OUW~TO3 3706 3713 -3 iauZ OF COWISfl: GREGORY N. HARVEY
ADDRESS:_2000 ONE LOGAN SQUARE PHILADELPHIA, PA 19103-6993
963-5427
Ike ab.vemOind t±~t4uin1 is hereby 4set~ 1W uss@i sad is autheztei to g.ceiv a~ ~ - .e~r
~i~,±S U~Z the Cisstoa a~ to set ~ beio:e the Co188iCU.
iZSONDE~? S ~ANZ: LYNN HARDY YE~EL
ADDRESS: 1735 NARX~ET STREET. 35TH FLOOR PHILADEi.LPHIA~PA 19103
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m F&L - Craig D. Ref fuer, Esquire Federal Election camiasion 999 K Street, W.V. Washington, D.C. 20463
Re: Matters ~z 3*wim 3706. 3?13
Dear Mr. Ref fner: As we have discussed, on behalf of Citizens for Arim ~ectsr (*CAS'), I - submitting this letter response to the ~3ai~s filed in the above-cq~tiooed Matters Under Revi. I hase also included designation of counsel forms for each mattw. CU believes that these c~laints are frivoim a~. 1~, abusive. In all utters, William White - ajm~1y as unsuccessful senatorial candidate - raises the Idingal 'ia: whether the coverage ~ participation of the media, the w.inand citizens groups respecting Pennsylvania's 1992 Semmtglai somehow constituted prohibited in-kind contributim ~w the Us: Craig D. Noft~er, Isquir. Oecber 1, 1q92 Page 2
federal Election Code. The Federal Election C~i.s±on ~ tb Comaission') must reject this plainly frivolous conteution, - At would grossly impair constitutionally protected activity. 7 the extent that CM is obligated to respond further to em~ urn,, it incorporates its response in NUR 3710, a copy of which I ~O included for your convenience. In sum, the Coiniing~ 16 dismiss each matter as to CAB for the following reamam: EULIZQ.I. Vhite directs this complaint against iqaa YEJ, radio station WDPQ, and News Director Kevin 6m'*~ ao# . Nonetheless, Ubite gratuitously complains that ~ Senator Specter 'a presentations to the Leingme f Citizens Jury constituted a probibited' contribut1~j' course, nonsense * Uhe comaission' a regulations that the coats incurred in such news cover~ *contributioma* nor *ezpenditures' within the Federal Election Cmpaiga Act. 11 CPU [email protected](b)~# ~ Isa U.S.C. ~31(9)(5). against CAN, but against the Pittsburgh Poet of woman Voters. Nonetheless, Uaite gratuitoueL~ election guide provided by both coverage of the senatorial campaign constitnte4 kindtm contributions to CM. Once again, the provides exactly the opposite. 11 CPU SS100.7(b)(z) %3~. B** U.S.C. S431(a)(8).
In sum, CAB reiterates that these 3complaints,~ j.s they are directed against CAB, are frivolous and ~ It Is manifest that the actions complained of are cc~t~1i protected discussion and debate respecting the Inn ~anmxa~ S.W.2d 897, 905 (Tenn. 1987). Accordingly, the dismiss all the complaints as to CAS. Respectfully, ~ A Paul S. Dianond PSD :- A
-- ~. .~j*'~q
mivmrr or oKs:miow or
-______ug or cowUfl: Paul S. Dimond. Esquiz,
ADDRESS: ObOrDayer. Robmaun * Maxwell & HippsI 14th Floor. Packard Building Philadelphia. PA 19102.2688
665-3000 /
Yb. bOY~4d LfdiVtdU8L IS b.teby 4m~ cssel sad Is authorized to reeeivo ag, ~ Im the Co±ss±on and to ~
before the C.1581@fl.
fl~rs
Citizens for Arlen Spectw £ESONDE~? * S 1A31: By: Patrick L. Meenan. ~ Cinpaign Manager ADDRESS: 8th Floor. Curtis ceatar Philadelphia. PA 193*7 mzlEONK: uw~c -)------SUSNUI( 215) 574-1992 BRED SMITH Suw & MCCL&Y
Mftw" ~U b~4JUN9 ml.. ---- -~ ~ r~o. swum MTIUI~t M I3S2Us MTTU~It ~ UMSS
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(412) 288-4292 December 16, 1992 VIA UPS OVUI~ ~fi~ C-, Craig D. Ref fner, Esquire General Counsel a Off ice Federal Election Cinission ~0 999 East Street, N.W. z Washington, DC 20463 Re: ERR 3713
- Dear Mr. Ref fner: I have enclosed the Pittsburgh Post-Gasette'e tMns to the above-referenced complaint filed by Kr. 31111 Lt. NOvember 14, 1992 and a copy of the response for yom ~wt certificate of service. Please return a cop~ of tb ast*m.t~ed response to me in the enclosed self-addressed envelope. C) Please do not hesitate to contact - at the a~@ address and telephone number if you have any questiomo r.,szdlusq this matter. Very truly yours, REED SMITH SEW & N~AJ
By Marketa Sims MS:tah Enclosure -
~
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g~' ~ "I,
FEDERAL ELECTION C(~UhISSION
William D. aite petitioner,
v : Natter Under 3s~u1~ ~. #723 * 0 Pittsburgh Post-Gazette 3 League of ~a Voters 3
Respondents. :
Lfl 33 TO OWEKAZUT
The Pittsburgh Post-Gazette responds to the above-referenced Complaint as follows:
)
The Pittsburgh Post-Gazette is a general circmJ.at1 newspaper serving the greater Pittsburgh area. As stated is the Complaint, the Pittsburgh Post-Gazette printed nevapaper articles and an election supplement regarding the primary electicu is Pennsylvania in April of 1992.
This conduct is specifically exempt from the ?edstal Election Campaign Act (the Act") under 2 U.S.C. S 431(9fl5fli) and 11 CFR S 100.7(2) which provide that expenses incurred in producing new stories are not expenditures or contributions uhi the Act.
Section 431(9)(5)(i) provides that:
The term expenditure does not include any news story, Comatary or editorial distributed thr the facilities of any broadcasting station, newspaper, inagaSie, @~ other periodical publiomtioa* U31555 Such facilities are oumed or controlled by any political rr ty, political ~ittae or
2 U.S.C. S 431(9)(3)(i).
Similarly 11 CFR S lOO.7(b)(2) provides: C)
Any cost incurred in covering or carrying a new story, coinentary or editorial by any broadcasting station, newspaper, magazine or other periodical publication is not a contribution unless the facility is owned or controlled by any political party, political camittee or candidate in which case the cost for a news story (i) which represents a bona fide new account coumunicated in a publication of general circulation or on a licensed broadcast facility and (ii) which is part of a general pattern of campaign-related news accounts which give reasonably equal coverage to all opposing candidates in the circulation or listening area, is not a contribution.'
11 CFR S lOO.7(b)(2).
-2- The Pittsburgh Post-Gazette is not a facility 'owued Of controlled by any political party, political camittee. or political candidate.' See Declaration of Willim Deibler. Managing Editor, Pittsburgh Post-Gazette, attached a Ezhibit A. Thusg the articles and election supplement cited in the C~USflt are neither expenditures nor contributions within the uinainii 9t the Act.
Additionally, the Complaintant s elsie thet ~iWw 21 WI
- S [email protected](3)(2)(ii) 'requires reasonably equal opposing candidates in the circulation or listeslag 'fl patently incorrect. The regulation i~oses this r.qsA*U eiSJY 'when the facility is owned or controlled by amy po~4tA~. p.rty C) political ccittee or candidate.' There is no such r~rt for an independent newspaper of general circulation ouch - the Post-Gazette.
Such a requirement of enforced equal access would violate the First Amendment guarantee of freedom of the press
See Miami Herald Publishing Company V. Tornillo, 416 U.S. 241 (1974). In Miami Herald the United States Supreme Court held that a statute imposing a right of 'equal access' on a nev~er violated the newspaper's rights under the First hme~mt. ~ court expressly rejected the argument for equal access ImpliCit in the complaint in this matter, stating that:
A newspaper is more than a passive receptacle or conduit for news, coment and advertising. The choice of material to 90 into a newspaper and the decisions made as to limitations as the Si:. and content of the paper and trea~t of public issues and public officials - ubether fair or unfair constitutes the exercise of editorial control and jui~at.
Miami Derald Publiskiem Co. v. Tornillo, SiS g*~* ~
Moreover, even if a right of equal a~ White would not be entitled to exercise this right ~umm ~ Post-Gazette is informed and believes that Mr. White candidate in the April, 1992 primary election. To the extest Mr. White planned to vage a "write-in" campaign, he stood is a position no different from that of any of a potentially isti*it* number of such candidates and the Post-Gazette was u~r obligation to print a news story concerning his activities. m Miami Herald, 418 U.s. at 256-257 (noting the economic buries that would be imposed by a requirement that a newspaper afford all interested parties a right to reply" to stories in the newspaper).
-4- w -<
For the reasons set forth above and in the attached Declaration of William Deibler, the Post-Gasette urges tbe Coission to dismiss MUR 3713.
December ___ 1992
Reed ~ith Shew & 435 Sixth Avenue Pittsburgh, M 15*# (412) 2584292 Counsel for tb Post-Gasette
-5- '.~
FE)AL ELECTION CWUIISSIOU
William D. White z Petitiomer, 3 V s Netter O~r fls~L~ ~. 3713 3 Pittsburgh Past-Gazette 3 League at ~n Voters 3 -. S
DECLARATION OF WXZ.LIAM DEINL
I, William Deibler, declare that I - the Esnagiag Editor of the Pittsburgh Post-Gazette Newspaper. I make this declaration of my own personal knoviedge and if called upon to do so would testify truthfully to the following:
The Pittsburgh Post-Gazette is a newspaper of general circulation serving the greater Pittsburgh area and is owned by Blade Camaunications. Neither the Pittsburgh Post-Gazette nor Blade Coinunications is owned or controlled by any political party, political coinittee or candidate. I declare under penalty of perjury that the foreolii is true and correct.
Executed on December ___ l9~2 at Pittsburh, Pennsylvania. )44~~ W1111 Deibler
-2- !~T or u~s:~1~o. or
- 3713 uaam or ~UZL:, Markets Sims, Esquire
Reed Smith Slim & McClay ADDRESS s~ 435 Sixth Avenue
Pittsburgh, PA 15219
?ZLEIUZ( ...±LL~ 288-4292
Th above-samd ±*dlvtdual Ia henby cmasl a~ Is authozIZed to receive a~ u cinnlcattons troa tb. COissIou a~ to beiore the Coin3ssicn.
71 Dare Sigasture * I I III
RESPONDENT' S LONE: William Deibler
ADDRESS: PC Publishing Company 50 Boulevard of the Allies
I~ittsburgh, PA 15222
TKLUNONK: NONE__ 5gufl5 412)_2634668 CmIFIcAE or mvzcz
I, the undersigned, certify that I served or caused tO be served a true and correct copy of the foregoing mu~ ~PLAINT by UPS Overnight Nail on the Jj~ day of De~.g, 1992, upon the following:
Craig D. Reffner, Esquire General Counsel's Of~i~ N Federal Election 999 East Street, N.W.Cinision Washington, DC 20453
~V) 'I) AAfA%- }r
0 OF PENNSYLVANIA
I * q~
December 14. 1992
Ms. Lisa E. Klein Assistant General Council Federal Election Commission Washington D.C. 20463
Re: MUR 3713
Dear Ms. Klein:
I am writing in regard to the complaint (MUR it, primary 3713) election Voters Guide filed against the PA Gazette and the League of Women Voters of Penmsy1vu~ D. White. ~ib~ It is our contention that there is no basis for 0 filed by Mr. White. The main purpose of a League of Women Voters Voters ~*t help voters make informed choices. All candidates who ains ~A to appear on the ballot are invited to respond to Voters Cmli. questionnaires. All candidates for an office are treated ~, and minor party candidates as well as independents.
In Pennsylvania, political party candidates arc primaries. nominated A candidate's name is printed on the primary the ~-~p filing of a candidate's affidavit, filing fee, and noniainj~ petitions signed by party electors in the district. Minor political parties do not conduct primaries but minor circd~ political party nomination papers in order to na~ candidates directly to the November ballot.
226 FOISThI STREET * HARRISBURG, PA I7I~.m. ~** * -~-~*, -
As with minor political party candidates, the nomination of independent candidates must be made by nomination papers inste~d of primary elections.
It is my understanding from conversations with the Peensylvam Department of State that Mr. White filed a suit against the state p0~er to the 1992 primary election seeking to require the state to distribute his nomination petitions to all primary electiom polliag places in the state. He also requested that the state be ccuqielled te pay the notary fees and postage for the filing of these petitloga w~ the state. He lost this suit.
At any raw, in accordance with due Pennsylvania e1sc~ UNgpae., Mr. White's name would not have appeared cm the ballot. The League of Women Vown obtains a copy of ballot after the last day to file aomiaaticm petitioms bus list of certified ballot candidates is then used to solick informasiom from candidates. Since Mr. White's am on the certified ballot list he was not seat a r.ques~ ~ information.
Mr. White did not contact me regarding the Voters G~ y.. knowledge, he did not contact the office of the League Voters of Pennsylvania or the office of the League of of Allegheny County, which is the League in the area of ~ V Pittsburgh Post-Gazette, regarding the Voters Guide. ) It is not clear to me from Mr. White's complaint if he h~.d ~ a write-in candidate. In Pennsylvania there is no provisi~ ~a write-in candidate to declare candidacy. Write-in caadi~gs c be officially identified. Since it is League of Women Votm of Pennsylvania policy to include only certified ballot camlidss I. ~ Voters Guide, write in candidates are never included.
We trust that you will agree with our contention that Mr. ~ImVs complaint against the League is without merit. He was ao a qualified candidate in the 1992 primary election in Nmsylv~a. A "mention of the procedure to nominate an independent cam~V ~ the Voters Guide is not an appropriate use for the Voteus Ouih ~ the purpose of the Voters Guide is to give the voem ballot information to enable them to make informed choices cm eIe~ day. For further information on this matter, contact:
Lynda Trowbridgc Voter Service Director 328 Tower Lane Narberth, PA 19072 215-664-7796
Sincerely,
Diane Edmundson, Chair
cc: Lynda Trowbridge ~4~7
rumi. ELECIROS C015.zOw 93 sw"' -, ~ ~Is 999 3 Street, W.V. Waahimgtoe. D.C. 2046) 1135? OSAL CS3L S 33165? IEE RUR 0 3713 DATI COUPLAZ5? 33C31V3D DY OGC 11/33/92 OATS OF 30T1FZC~fl0W 10 RUSPmUYS 11/30/92 STAFF 333333 Craig 0. Seffeet cORL&xNAN?, William 0. ~tte 333?WWUUTS: Leue Of Winssa Vtsrs of ftilwgaLa
*tghea ~. ESLUVANT 5?AU?35 2 U.S.C. S 441b~a) INTERNAL 3310315 C*ucx~ Disclosure mat.riZ*~ ~ FEDERAL AGINCIES C None
I. GE3ATIOU OF NATT33 This matter arose from a complaint by William ~ta challenging certain expenditures made by the League .1 i~em Voters of Pennsylvania (the League) and the Pittshergh Post-Gazette (the Post-Gazette). Responses have been received. Attachments A-D. II. FACTUAL LIED L~L AMALYS IS In this complaint, William White alleges that the Les~ prepared and distributed a 16 page supplement to the fttta~rgh Post-Gazette newspaper purporting to be a comprebensive ~ to Iemsy1vesi~~s 2992 priaarp elections. Co~l4,~ ~ l.~ Za addition, complainant alleges that the Post-Gaae~ee also priated numerous articles concerning that years Senate election. According to the complainant, these expenditures are actually contributions to Lynn Hardy Yeakel and Arlen Specter, two 1992 Senate candidates. In support of this allegation, Complaimeet maintains that he was an independent senatorial camijiat. La that election, yet Respondents failed to include him im the supplement and the news articles in question or mm~g am~
mention of the procedure to nominate an indepsadeet ~ for that seat. Ed. He allees that they insteed ~ 1y
______- ~fr 1. Er. Uhits has filed numerous other coinpla4j the activitima of various persons in connect iosi~ Ing ~V) Pmsylvania's 1991 and 1992 Senate elections. ~ RUEs 3706, 3709 and 3710, all of which the comeisi F, no reason-to-believe findings on Ray 25, 1993. vi th
0
In addition, Kr. White has filed several related ctvtl actions in U.S. District Court. First, he filed suit e~fleqLng the constitutionality of the Act. His suit, in whi~ ~5* ~ency was a party, was dismissed for lack of Jurisdictiom. United States, No. 92-1202, (M.D. Pa. Jan. 7, 1992).
filid Mr. White filed several suits challenging Pennsylvaaiaes me';hod of conducting special and general elections. These suits wre similarly dismissed, for lack of standing or failure to stat.. a claim for which relief could be granted. ~ of Penns lvania, No. 91-1059 (M.D. Pa. DecemheiIJ7l9JJ7~1~. v.e nweilt of Pennsylvania, No. 91-1060 (M.D. Va. @St.TJT 1991) affd, 966 P.2d 15 (3d Cir. 1992); White v. ~ of ~~y4vaniq, No. 92-0710 (M.D. Pa.) aff'dTIRTF1j"T'i'N~Ii. Last and most recent, Mr. White has filed suit 3steuant to 2 U.S.C. S 437g(a)(8)(A) ~.
I the Democratic and Republican party candidates.2 With regard to the League's supplement, complainant fwrther alleges that Respondents prepared the supplement 'is coordination' with the Teakel and Specter campaigns, which purportedly furnished photographs of the candidates as well other information in connection vith the preparatl.m of the supplement. complainant characterizes the supp2emp~ as *
event' and states that there was no attempt * ~. .I~ pr.vt~ the 'reasonably equal coverage to all opposing ~A the circulation or listening area' required under $ *UUE4) to exeupt the publication from contribution r
- requirements.' £4. at Although neither the complainant nor the 4 provided copies of either the League's publiceIri.~~4t~e Post-Gazette's news articles, Respondents ackmew1~~~q the o expenditures at issue in the complaint. In her ree aS
behalf of the League, Diane Kdmundson, the Chair @t the ,~que,
2. Ks. Yeakel and Kr. Specter were, respectively, the Democratic and Republican party candidates in the lifi megal election. The earlier primary election included a total of seven Democratic and Republican party candidates. The ~cratIc party candidates included: Robert Colville; Freddy Mans Fri~~ Mark Stephen Single; Philip Valenti and Lynn Hardy Teshel. The Republican party candidates included: Stephen F. Freimi mmd Arlen Specter. 3. The complainant also alleges that the League is a pastisan organization which functions on behalf of the ReZi mmd Democrat parties.' Complaint at 2. Apparently, the c~1aiaant is challenging the League's status under Sectiom 51(efl3ef the Internal Revenue Code, which requires organizatiom ~llf~ying for tax-exempt status to meet certain nonpartisan criteria. ~ determination of whether an organization like the league ~slifies for Section 5Ol(c)(3) status, however, is not within the Comission's jurisdiction. ,f~. -'4.. describes the supplement in question as a "Voters Guide" and explains that the c~lainant was not included because he w not a candidate on the primary election ballot. Attachment A. Ms. Edmuadmon asserts that the League's policy with respect t. the publication of its voters guide is to include '(~Jll candidates who are certified to appear on the ballot' and, purported indepeadest camijdat~e, Mr. white was not certif led to appear on the primary ballot. zd. She explains thst~ is ?ennsylvauja, 'p@istt~I ~szty candidates are miiUa~nd at primaries (while 3. . . . tafime~ peIkticel Wti* d~, set conduct primaries h~ S4 42*1 nominattos papers i~ 0 the November ballot.' ~. et ~ ~~i9 5* A notes that IaIs with miser p.Zitts*1 Party nomination of independent candidates mast be ~ i~~St4 Oft papers instead of primary electtsss It. at 2. Counsel for the Post-Gasett.e similarly ac2imwl~ss thet her client "printed newspaper articles and am eleslise supplement regarding the primary election in Vemmsylvam5*. Attachment B at 1. She maintains, however, that the Post-Gazette's "conduct is specifically exempt" under Section 431(9)(B)(i) of the Act, which exempts free the definition of expenditure the costs of any new articles. ,~
u.s.. Ed at 1 3 Counsel further notes that she 'is informed mud believeS that Mr. White was not a candidate in the April, 1992 primary election land). * . . ~t3o the extent Mr. White piaed to wage a 'write-in' campaign, he stood in a position no different from that of any of a potentially infinite number *f such candidates (whes) the tost-Gasette was under no obli~tF 50 to print a news story (about).' Ed. at 4. Yhe Act broadly prohibits corporations from making contributions or exemditstes in connection with Federal 5 elections. 2 U.S.C. S 441b(a). aroadoasting statiese, newspapers * msgas5~. w other pe g~idtcinl publA~atSom UISVV however, make eupgmj~w ~ousr4 mew stories, SssUf, Or editorials in comme@tios with Federal elections. 2 U.S.C S 431(9)(s)~ 11 C.r.u. l~.7(b)(2) and 100.S(b)(2). IS addition, corporations may also make certain nompartisam communications to the general public. Federal 3lectmon C~!R. v. Massachusetts Citizens for Life, 479 U.s. 238 (1986). TheSe permissible corporate communications include registration and get-out-the-vote efforts and the preparation and distribution of voting records of Members of Congress. 11 C.F'R. 55 114.4(b).
4. Counsel for the Yeakel and Specter campaigns also raise the Act's press exemption in their respective responses. See Attachments C at 1 (Yeakel)(activities in question are 'appropriate public affairs programming or news coverage') and D at 2 (Specter)(law explicitly provides that the expenditures in question are not contributions). 5. According to the Pennsylvania Secretary of States Office, the Pennsylvania League is a non-profit corporation. Similarly, the Post-Gazette is published by the PG Publishing Company, a Pennsylvania corporation. '4- Corporations may also prepare and distribute v~ter guides to thO 6 general public. Such counications may, however, result IA prohibited ia-kind contributions if they are made in coordination with a candidate's campaign. As an initial matter, Respondents' assertions coocersifl9 Kr. White's failure to quality as a candidate on the primary and general election ballots appear accurate. Indeed, Er. Waite has acknowledged that he was an independent candidate and der Pennsylvania law candidates in the primary electi.. must he nominated by a political party to have their same 9~)nd en that election ballot. 25 P.S. 5 2662 (1964).
- Pennsylvania law provides for imdependest can6i~~J~sv. their nains placed on the general election ballt, ~ tf) who challenged Pennsylvania's general election casildet. nomination process, was unsuccessful in having 0 his mane pla~*d on that election ballot. White v. Commonwealth of Pemmevlveflia, No. 92-0710 (V.D. Penn.), aff'd, 983 F.2d 1054 (3d Cir. 19fl). Furthermore, Mr. White did not file a statement of candidacy with the Commission in connection with the 1992 Senate election
6. In Faucher v. Federal Election Coma'n., 928 F.2d 466 (1st Cir. 1991), cert. denied. 495 U.S. ___ (October 7, l9~l), the court held tliiFthe Commission's regulations g~veruing the preparation and distribution of voter guides by Corporations exceeded the statutory authority of the Act. However, such communications may constitute prohibited expenditures if they expressly advocate the election or defeat of a candidste. federal ElectionComm'n. v. Massachusetts Citizens for Life, 479 U.7773T (1986). In the matter at hand, however, the complaisant is challenging the expenditures in question as in-kind contributions and not as prohibited expenditures which contain .~y~ema advocacy. 4.. at issue here.7 Zn this regard, there appears to be no factual basis supporting Rr. Whites assertion that he was a candidate in the 1992 Senate election, i.t alone a candidate who should have been included in the League's publication or the Post-Gasettees news articles. With regard to the allegation of coordination, the ChaU of the League explains that in preparing its 'Voters Guide' the League obtained a list of the certified ballot candidates ie the Primary election and then used that list to Solicit pbotogwep~5 and other information from the various candidates. A3tho~ the League was apparently in @omtact vith various caafl~tes, the contacts at issue here, in the cot4ut @S prpaztq ~ publication featuring the candidates in the *Iecti4e~ mid not to appear to rise to the level of coordination. Zudaed, the LEt permits corporations to make certain nonpartisan c~nicaI4ons to the general public and in the case of voter guides, the Commission has recognized the need for such contact, noting that there is a distinction betveen the limited contact with candidates that is necessary to produce voter guides . . . and the more extensive discussions resulting in arrangement, coordination or direction of (thel . . . activities by the candidate. See 57 Fed. Req. 33548 at 33554 July 29. 1992 (notice of proposed rulemaking for "MCFL regulations). Here,
7. Disclosure materials show that Mr. White filed of candidacy in a statemant connection with an earlier Senate election in Pennsylvania. That election vas a special election for the held in 1991 purpose of filling the vacancy that arose when the Honorable John Heinz died in a helicopter crash. -S.. the information shows that the League's contact with the variems
candidates did not extend beyond a request for information U~ photographs to include in the publication. Likewise, the allegation that Respondents' expenditures were news stories' which should have provided equal cover9 *~ all candidates to qualify for the media exemption is misplaced here. Under the Comission's regulations. the requirement Pt equal coverage is only imposed when the media entity is quee~O~
is owned or controlled by a political party, politleel CO~%#*@ or candidate. 11 C.P.U. SS lO0.7b)(2) and 1@O.$~b4)~ IS tkC case of the League, it dees not appear that that ~ssU
- was operating as a media entity, inch less ems ss~ @r controlled by a political party or a candidate. is a~ ff the Post-Gazette, counsel submitted the affidavit of ViIU Deibler, the managing editor of the newspaper, ube staten ~ 0 the Post-Gazette is 'a newspaper of general circulatios rvURg 1~3.
the greater Pittsburgh area. .. . [and that it is not) *~eupsed or controlled by any political party, political comittee or candidate." Attachment B at 6-7. In this regard, it does Sot appear that the Post-Gazette would have been required to report on Mr. White's election efforts, even if Mr. White actually had been a candidate in the 1992 Senate election. In short, it appears that the news stories in question would clearly fall within the legitimate press function for the Post-Gasette and thus within the Act's media e~iemption. See Readers Digest Ass'n. v. Federal Election Coma'n., 509 F. Supp. 1210 (S.D.M.Y. 1981). V
-9- Based upon the above considerations, this Office recoin.dB that the Commission find no reason to believe that any of tb. Respondents in this matter violated any provision of the Act based upon the complaint filed in NUR 3713. III. RRCOIfhD&TIOUS
1. Find no reason to believe that the League of uuo Voters of Pennsylvania, the Pittsburgh ?oSt-mGesette, Lynn Hardy Yeakel, Lynn Yeakel for U.S, Senate a.~ Sidney Rosenblatt, as treasurer, The ~ A~ie Specter, and Citizens for Arlen 5pecte~ ami t~ge 3. Harmelin, as treasurer, violated any provie~ .g tbe Act based upon the complaint filed in ~ua 2. Approve the appropriate letters. I-) 3. Close the file. Lawrence N. 3obl.e~ General Counsel r)
______BY: J Date 3 LO ~Lm~5 G. Le er Associate neraR. Cel
Attachments A. Response of the League of Women Voters B. Response of the Pittsburgh Post-Gazette C. Response of the Honorable Arlen Specter and Citiuges tr Arlen Specter and Stephen 3. Harmelin, as tre.eng'r D. Response of Lynn Hardy Yeakel and Lynn Yeakel for U.S. Senate and Sidney Rosenblatt, as treasurer BEFORE THE FEDERAL ELECTION COMMISSION
In the Matter of League of women Voters of ) MUR 3713 Pennsylvania; ) Pittsburgh post-Gazette; ) Lynn Hardy Yeakel; ) Lynn Yeakel for U.S. Senate and Sidney Rosenblatt, as treasurer; The Honorable Arlen Specter; Citizens for Arlen Specter and Stephen J. Harmelin, as treasurer.
CuT! FICATION
I, Marjorie W. Emons, Secretary of the Federal *I..tse$ Commission, do hereby certify that on July 8, 1993, tbe Commission decided by a vote of 6-0 to take the follvleq actions in MUR 3713:
1. Find no reason to believe that the League of Women Voters of Pennsylvania, the Pittsbur~ Post-Gazette, Lynn Hardy Yeakel, Lynn Teakel for U.S. Senate and Sidney Rosenblatt, as treasurer, The Honorable Arlen Specter, and Citizens for Arlen Specter and Stephen J. Harmelin, as treasurer, violated any provision of the Act based upon the complaint filed in MUR 3713.
(continued) V
Federal Election Commi5siOfl pa;. 2 Certification for MUR 3713 July 8, 1993
2. Approve the appropriate letters, as recommended in the General CounseVs Report dated July 1, 1993. 3. Close the file.
Commissioners Aikens, Elliott, McDonald, RcGarry, Pottes. and Thomas voted affirmatively for the decision. Attest:
Secr ary of the Coin1s*~@fl
Fri.. July 2. 1993 9:46 am. Received in the Secretariat: 12:00 94in3* Circulated to the Commission: Fri., July 2. 1993 4:00 p.m. Deadline for vote: Thurs., July 89 1993 bj r FEDERAL ELECTION COMMISSION WASHINGTON. DC 20*3 JULY 15, 1993
William D. White 16 East Nanilla Avenue PittSburgh, PA 15220
13: NUN 3713
Dear Sr. White:
On July S. l~3. the Federal Electio Commise4~gevS4S 4 the allegations of your co~1.int dated November 23. 2*S. that on the basis of the imforastis provided in pes~~e~ift. and information provided by the mespoadents. therm Iqp~ Ue~ to believe the League of Women Voters of ?enas~lvt~. t~wU4.burh ?ost-Gaaette, Lynn Eardy Teakel Lynn Teakel for UL.S. ~ge~ *md Sidney Rosenblatt, as treasurer Yhe Uonorble Aries ppt*t, and Citisens for Anon Specter and Stephen J. Earmelia, a tgf@n, violated any provision of the Act with respect t U~ 3713,. Accordingly. on July 8, 1993, the Commission closed the file iF' this matter. The Federal Election Campaign Act of 1971, as ameaded, allows a complainant to seek judicial review of the Comissiom's dismissal of this action. See 2 U.S.C. S 437g(a)(S). Sincerely.
Lavrence N. Noble General Counsel
BY: Lois G Lerner Assoc 14 te General Counsel
Enclosure General Counsel's Report FEDERAL ELECTION COMMISSION WA$tIP4CrON.DC ~4~3 *IUL~ 15, 19Q3
Obermajer, Rebuana, KSXV511 & 3i~l Packard Suildi, Philadelphia, PA 19102-268 53: KUR 3713 Ike Uonorabl. Arlen Specter limited States Senate Citisess for Aries Specter and Stephen 3. Earuslia, as Dear Kr. Diamond: On Doveuber 30. 1992, the Federal 3lecties Cs~IM notified your clists. the Citisems for Aries ~#tof Stephen 3. inarmali.a, a treasurer * and the 3o.e~1 Aries Specter of a onqilaist 1141,i39 vi@lat1~ sections of the Federal SlecUem Ce~i9s Act ~RWItP ~.. ad. On July S. 1ff3, the Ceis4miom feumi, on ~ i ~b. information is the complalat, and istermatiom ~ p'~ that there is no reason to believe the Cit issue for A4 ~~te% Ste ph en 3. Earmalia, as treasurer, and the Eamoreble Aries Specter violated any previsiom of the Act with respect to 3713. Accordingly, the Cinissios closed its file is this matter
The confidentiality provisions at 2 U.S.C. S 4)?y(aUlZ) nO longer apply and this matter is nov public. Is sUiti.s, *lt;hough the complete file most be placed on the public record within 30 days. this could occur at any tim, following certifiestiom @t the comaission's vote. If you wish to submit any factual or 1e~5l materials to appear on the public record, please do so em 503' as possible. While the file may be placed on the public record before receiving your additional materials, any permissible submissions will be added to the public record upon receipt. Sincerely, Lawrence N. Noble General Counsel
SY: Associ e General Counsel Enclosure General Counsel's Report FEDERAL ELECTION COMMISSION WASHINCtO~4. DC 20db)
JUlY 15, 1993 Gregory N. Earvey, 3sq. Norg~~~ Levis 6 Soshius 2000 One Logan Square ?hiladelphia, PA 19103-6993 33: NU3 3713 L~aTeakelSardy Teakelfor U.S. Senate and osenblatt. as treasuref Dear Sr. Narvey: On November 30. 1992. the Voderal 3lecttos Cissi@n notified your clients, Lynn Nardy Teahel and lynn babel Las U.S. Senate and Sidney 3.senblatt. as treasurer, of a ..~IInt alleging violations of certain sections of the teds~al Slectiol Campaign act of 1971, as amended. On Jul70. 1993. the Comisai.a found, em the baSis of the information in the complaint, and information provided by you that there is no reason to believe Lynn Nardy Teakel and L~ Teakel for U.S. Senate and Sidney Uosenblatt, as treasurer, violated any provision of the Act with respect to MIR 3713. Accordingly, the Commission closed its file in this matter. The confidentiality provisions at 2 U.S.C. S 437g(a)(12) no longer apply and this matter is now public. In addition, although the complete file must be placed on the public record within 30 days. this could occur at any time following certification of the Commission's vote. If you wish to submit any factual or legal materials to appear on the public record, please do so as soon as possible. While the file may be placed on the public record before receiving your additional materials, any permissible submissions will be added to the public record upon receipt. sincerely,
Lawrence N. Noble General Counsel
BY: Loiso~4/~2~ GJ Lerner Associdte General Counsel Enclosure General Counsel's Report FEDERAL ELECTION COMMISSION WASHINGTON. DC 20*3
JULY 15, 1993 Diane Idmundson, Chair The League of Women Voters of Pennsylvania 226 Forster Street Harrisburgh, PA 17102-3220
33: nuR 3713 League of Women Voters of temssylveta Dear Us. 3dmundson: On November 30, 1992, the Federal miectios Conmit.S notified the League of wino Voters of Pe55.J~V.miS * *iniE~int alleging violations of certain sections of lwwI campaign Act of 1971, a minded. On July S. 1993, the consisSiom foumi, @6 tb#~Eh~4I information in the c~laiat~ a~ infornsti ~SV~ that there is no reason to believe the League 9* 1~w 1* @f Pennsylvania violated any provision of the Act with rin9 ~ tt0 NUR 3713. Accordingly, the Caumission closed its fil# 13 tbt~ matter.
The confidentiality provisions at 2 U.S.C. S 437p4.)(12) 50 longer apply and this matter is nov public. In .Mition, gitbough the complete file must be placed on the public record within JO days, this could occur at any time following certification of the ) Commissions vote. If you wish to submit any factual or lepi materials to appear on the public record, please de so as soon as possible. While the file may be placed on the public record before receiving your additional materials, any permissible submissions will be added to the public record upon receipt. Sincerely,
Lawrence K. Noble General Counsel
BY: L&kW"G(Lerner Associ~ te General Counsel Enclosure General Counsel's Report FEDERAL ELECTION COMMISSION ~ ASHINCTON. DC 20*3
JULY 15. 1993 Rarketa Sims. Esq. 3eed Smith Shaw a RcClay Rellon Square 435 Sixth Avenue Pittsburgh, Pennsylvania 15219 U: NUR 3713 Pittsburgh POst-Gasette Dear Ms. Sims: On November 30, 1992, the Federal Election C.mmtelin notified your client, the ?ittsburgh Post-Gasettee 9f S of the i..1e. - alleging violations of certain sections u.el Campaign Act of 1971, as amended. On July S. 1993, the commission found, on information in the complaint, and information pgw*~~5 that there is no reason to believe the Pittsbur~ 0 violated any provision of the Act with respect tm Lfl Accordingly, the Commission closed its file in this mttev~ The confidentiality provisions at 2 U.S.C. S 4)7in4 ep~I2) Re o longer apply and this matter is nov public. Ku aUitL~ms1tbVgh the complete file must be placed on the public recer vitbia 1, days, this could occur at any time following certifieaUes eS the Commissions vote. If you wish to submit any factual er i.gel materials to appear on the public record, please do ma as seen as on the public rc.rd _ possible. While the file may be placed before receiving your additional materials, any permissible submissions will be added to the public record iapom receipt. Sincerely,
Lawrence N. Noble General Counsel
BY:Lo~rnek~ Associate General Counsel
Enclosure General Counsel's Report FEDERAL ELECTION COMMISSION WASHINGTON. DC 20*)
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