THIS IS the Begiii of MUR

FEDERAL ELECTION COMMISSION WASHINTON D C 20461

THIS IS THE BEGIIi OF MUR #

DATE FILmED CAMERA No

CAER4WI JAv1/ Me* ou'

%" " P.O. Box 9335 Chafanooga, TN 37412 * (615) 867-2110 " '

October 11 1993 - 2 r' fl ULI _3 4rY

BY TELEFAX AND CERTIFIED US MAIL ,3. Federal Election Commission 999 E Street. N' Washington. DC 2046,

To Whom It Ma%Concern

I am formally requesting an inestigation into the campaign practices of Zach Wanip. Congressional candidate in Tennessee Congressional District I for 1994

Mr Wamp Nas an unsuccessful candidate for this distrct in 1992. At that time, he filed the appropriate FEC Forms 1 & 2 for the 1992 campaign At the end of the race. his campaign committee was debt free.

Subsequently. Mr Wamp has raised apprommately $40.000 and spent approMmately $20,000 pursuant to his June 30. 1993 FEC report Since there is no pnor campaign debt. this money raised must be for the next election cycle w hich is 1994. The report dated June 30. indicated he had a cash balance of approximately $30.000.

Mr. Wamp has also mailed campaign solicitations indicating his intention to run in 1994. I am enclosing a copry of said letter with the addressee omitted to protect pnvac.

Finallv. in media articles. Mr Wamp has referred to himself not onh as a candidate but as the front runner I am enclosing a copy. of the relevant articles.

I believe that Mr Wamp's actions are that of a candidate and not an individual testing the waters. According to your office. as of today. Mr Wamp has continued to ignore the regulation.

In total disregard for Federal Election lav. something an expenenced candidate as Mr. Wamp should know,, he has failed to file a neN% Statement of Candidac %withthe Federal Election Comnussion.

I understand that %ourdivision is overuhelmed %,ithinestigations. hoveer. your prompt attention to this most flagrant breach of campaign lav. is requested so that no further violations will be attempted by Mr. Wanip

If additional information is required, please fecl free to contact me

Sincerck'

F Scott LeRo\ Camlaign Frcxi'-ure r Zach Wampo Cmpae Courage and Commitment

Congress in '94 Tennesee's Third DI

-4 , September 14, 1993 cO .V

Dear

The suninicr of 1,4,-3 has been a real challenge in maws vas Bill Clinton and Congress passcd the largest ta\ increase in histor\ record floods and droupht de%astatcd much of our countB and. here at homec. ,,C 1o%k r,:aii,'-c tfiat in order to tinaii\, unseat Marl\ni Ll&,J I -nust ,euntlf,:. t,' tlc, a il'tai. c assault from \%ithin our o%,rn parts

Whilec k ha,,e taken sonic "hlits" from our political opposition In rce,.nt 111t011 I I-0 ,:ncourag,:d to report that \%c are stronger than e'.cr After all. a battleship is able to Like serious hits %%ithout losing its the long effectiveness We finallh resolved a potential liabilt\ last month \%hen %\csettled "out of court" se'.cral standing ciil la\ssuit against m\, famil\ o\.er the con.struction of a condominium project Dspite of erroneous ne%%spaper articles, all debts have bcen satisfied in full As a matter of fact. I am having one m-, best years ever in commercial real estate as I prepare to become a full-time candidate next spring

It has been a long time since the %oters of the Third District "sere cxcitcd about thCr representation in 1992 in Washington We can be proud that we put together the "best organization since Bill Brock" win this seat With proper funding, continued determunation, and a positive issue-oriented campaign. \\c \%ill in Congress next year

NI, opposition %Nill rcls on special interest funding through Political Action Committecs I \'.ill once again solicit onl,, indi'idual contnbutions and refuse PAC moncy Therefore. I need \our comnutment in order to compete If \ou ha,e alreadN made a conunitmcnt to the 94 campaign. TI ANK YOU VERY MI I I hope ,,ou \%ill b. able to do more If \ou ha'cn't. plca,c do so no.% b\ fillir- otI the cncloscd card and retumini withit sour check for S50. SIU. $25) or e%. SI tJ,'. \Ac met our to sta\ \.htln financial goal ofha:ng S30.Oku cash on hand b\ June 30 We must raise e'en more tils fall Marilyn Lloyd and the special interest groups Thank ,ou in ad~aicc for sour support

U.. \) C hS.c u d Cii_,r n., .'kAIP CONGRES'S q4 w indo dca tr \c-, [ If,. OL L

itplas ,~ it tu oncn W1 w,1no T.ha~ak '. U e~ Box 4331 * Teiriessee 374)5 * t 1 -2N5-(1) .S * ix 1 e1i5 3 _ 66 -6 ZachWimp on- INmmb 0 mdMm-- A-,Mt Congress In '94 Temaen's T*hl Dberct

J"ne 11. 1993

Dear

As a Wamp Congress supporeryou deserve an update on our Congressional campaign. Marilyn Lloyd is cumtly seeking an Tpxoinunem from the Clinton Administra - with TVA. or with the newly created US. En.ihmIt Corporation. She continues to deny this, but all the indicatios are she is woddng overtire for anaiaz nent.

What does this mean? She is co ting her focus! Effective leaderhip requires trunendow -oncentration. We deserve clear, articulate and focussed repres en-auion Despite her corervative" a ppearance before the eltorme Maiyn Lloyd continues to vote the "prty line" on all major issue. She voted in suppt of the Pmidem!s tax biN. seeking to legishte the single argest tax incree in hnuoy. Our best wN were "o rs led and dis tu to many, many people.

Wat dos her m uOM for an mart for mw campaign? V she aspecial electim is held 110 days -u "iMyfo gher remigation ad tha mes= we are off and nuvig in a special electio therea mno primy. The Repul a nominee is choen by a caucus of the offmws of the -"RP~epidan rty triou the district. As of today, they are m moimudy be" us.

It is true that Ken Meyer is thinking of challenging me for"the nomination. He has been discouaged at every level, but if he decides to rum, we are ready. The numbers are overwhelming decisive. We will win both the primary and the general election by large margins in 1994.

My positions are clear. Marilyn Lloyd offers tired, old and evasive rhetoric. I promise committed, compassionate and courageous new leadership. We nearly defeated the nineteen year incumbent in the closest political race of her career in the '92 campaign. We are headed for certain victory in the coming election. The prize is challenging, but indeed within sight.

Recent newspaper stories have confirmed Marilyn's proposed appointment. We have included several articles for your review. Marilyn Lloyd's leadership style is to wait, watch and do what is best

P. 0. Box 4331 * Chattanooga, Tennessee 37405 * 615-265-0785 * Fax: 615-266-6594

Paid kr by 'The Committee to Elect Zach Wamp" Dan Johfson Treasurer p.2

for her-ths 'lm ip from Co bros ught our great country to its knee I am 19mnd-'0 prVidg kadership focuind on doin what isbt for the ccumuy mad ow dstrict. Let me thank you inulvmxe for your help, ne ad pa .- ha i c Your cuntimnd support ismot welcome and trmen-dously apMxeciatecL I realize we'r all inked to do so much at home. at worc, at church and in our ccMMunity. Sussful camigns also require enorm vm , time mad money.

Unfortumately, an election system fueled by money has been created AdvertW% and prono requires money. Without advertising, we lose. As with any system, you have to play by the rules and win bdore you can change it. So I am asking for your help again. Marilyn Lloyds campaign is overwhehningly fueled by Political Action Cornnittees (PACs) and labor unions. We are talking about big dollars, big orgnizanios md big Uvern.mT hey are de raying the oxmunry we love. It's really im", against them situation" -- join me as I take a stand in saying NO to PAC money and in cleaning up the mes in Washington.

Some folk sit on the sidelines and watch what happens, and others involve themselves in making things happen. I am asking you to help make things happen. Your contribution is both necesay and ifnaixant. You give hope to defeating institutional corruption and big government. Don't let anyone tell you any different.

The first Federal financial eporfing deadline for the next campaign is June 30. The things in life are certain. Firt, time isafinitersource. Seccua, we make our own doso or

atehas a way of making them forus. And third, the best time to act is now. Or deadline is f us and as I said I am asking for your help. A strong report gives the campaign 1mm and indica to od. would be challengers that Wamp Congress '94 can't be beaten. A strong report lets us raise money from adkigional sources such as incumbent Republicans who need voting support in Washington. In conclsm, a strong report gives us the finances we need to begin inmmdiaely in case of a special eltio

Please join with other circerne citizens across the district by sending a check today for $100, $250, $500 or $1,000 along with the RPLY PAGE. Please return your check and the reply page in the enclosed envelope by Jue 25 so the post office can deliver your check in time. Your commiment to better govennymt can make the difference.

-ank you as aiways for your contuiued suppo.

Sincerely,

Zach Wamp

P.S. Thank you for helping us overcome the odds and defeat the liberal PACs, Labor Unions, and big government by making a contribution for the June 30 report period. Together we will win.

P.P.S. The landslide ,ictory for Kay Bailey Hutchison in the Texas Senate race this past Saturday isa rejection of President Clinton's agenda and is forewarning for the upcoming '94 election cycle to those incumbeas who embrace his ideas. This election encourages us to corntinue on with our agenda. I Th

9.9

( , t; 9 ( ZACH, PLEASE COUNT ME IN TO HELP YOU BEGIN YOUR CAMPAIGN FOR VICTORY IN 1994. MY PLEDGE TO YOU AND THE CAMPAIGN FOR THE 1994 ELECTION IS: l$100 0 $250 0 $,500 0l $1,000 [l OTHER$ __ ENCLOSED IS A CONTRIBUTION OF $ TOWARDS PLEASE BILL ME FOR MY PLEDGE THE REMAINING PLEDGE QUARTERLY BEGINNING OR AT ONE TIME ON The foiw:ring rv' ar,or s teq ,,red (date) ry tie Fedeaj tiecbon Commission Please call 265 0/85 if you have any ques to: ', Iharlk you to( rIY',y g ...... Phono (h) .. Addrss City Statn ZIP I Occupabt & Tie (ex sales, V P) Employer £ Employetis Address W C O N G RESS WAMP ACONGRESS PO. BOX 4331 • CHATTANOOGA, TENNESSEE 37405 PAV., fOR BY THE COMUTTEE TO ELICTZACHWAMP.L. DAN JOINSON, TRWA.UMi ;4 Coninbutuons are not tax deductible. Corporate contributions are pmohbited

t,' 9,/

SuNyO 0~ 3. 193. * Knoville N'ws--Sentinei

'~rxc,AC"T' .L V IUMt rANINIT~ N T ft &35ffJ Rep. Lloyd.step opens door for Ix mign announce s early as Mon- "preparing day or Tuesday. myself to serve our .LUmer ijemos citizern in Now, "guess Congres&" fhr.igfsh, fie way is maY run "it is going to be more ofa lev- il h-ve to clear for i).mocrrats, now el playing fiekl for the first time et usage_ INSIDE jnrlL in .in a front-runer. state Rep. Hrenoa K.ve a !ong time" sid Hill Lyons, Wamn sid a 2 Demo fund-raising !ette D-4 :hattf(an.ogL rhe (k professor of political science at Join n.,tive the Uiversify amp on the Republi- raises eyebrows/96 ai(d (haltan haasUlI of l,'nre.e :,ricl a can 'Ride is. state Rep. Ken Meyer, woman on Iriday ;.itd .she i% OAK frequent polstpr in slate elec- R-Fa.-t RIDGE - For the firm tions. Ridge, a Chattanooga in- -4'ertnA . hil but wold not 4U 20 Y Republiaus bent David CnoieFlnd ('h:Jlt.'nr ar- surance Company owner. Al- in ttf. r, - t I. oyd hid shl , i Llonyd's dPparture "detinitely mary to return to in though relatively young. Meyer. Nx;hvil{. the' rat-P. givPs them (Republicit.,) a shot." In the Genral Lyons added. 34, alhedy has upset two long- A)jemrI', JoiniIg ",rT Pr in thse Meyer has been a vo-al fievd is To term incwnbent to get to Nash- cnti( of llimilon County I) With th* lrkay exit of begin with, there's Chatta- Ville. tax increases cratie Z Mlyn Rep, nooga rMal estate and pruposaL for a Party Chwnmann Whi Ll, D-TOmn, from broker Zach 18 state income tax. Ourand, Wamp, a RepubLean who In 1990, 16 defeated -year a (*hattan.Oga i,1 0,;untyear%~ me. for the 3rd Dis- nar- incumbent A Republican has not rippre- and Harvard Law JE %bitd rowly !ost to Lloyd last Paul Stames, c,,bool g oras too. are Lning Novem- crat, for his a Demo- ate. Durand ber. taking partial first term in the Gen - sented the said he i.q 1eanin * *W(e D_gn net in Loydos. credit for eral Ainembly. parallels Interstate31rd l)istric', wlvc-h ward runnng Lloyd's exit and Proclaiming Last ye r after re- 75 fron An- and may annot 1.home baiu efyChattaganys in a distnctjn& Meyer Sincederson H~oyd County def to atChattanoga, a noogBk- hi intentior, as early he press release Friday that Republican and 24-yerdereated L'cum-fellow as he is er in 1974.,eetdUMrBk week. 2 lie Lnd lurmr n the Republican and 4-year Inctim- since lloyd defeate~j LaMar Bak- erin 1974. 00

longim Democratic 6 - power bro- UitW ker and friend of Vu P det W&Y. This summer, hiew Llyd AJ Gome appointed by Gov. Ned4MeWber- to serve an an advisory bond Turner descrbed Joyce as Oympici bei. Me caitixed "like my godfather" and a -politi- wiutewwater events her for accept- cal ito #1- nmave adviser. There is a great deal the Ocooe River. The '96 Olym- political action of interest in lorbrttee COatribitioe and for my candday.t She picswvillbe i Atlanta. irving in Congress also pointed out many 'who have Lyon~s said the 3rd too long. lie Supported District !nded up U-prising many peop~le Lloyd have also sup- race will be extremnely iterest- with i s narrow kjs& Ported her in re-ejection bids "WVhen inc.unbents Wainp On Frday said he -defi- Turner is a corporiite officrr have them, for two funeral1 homes they're sort of non -competitive," titely deserves a litt~e bit of cred - in Chatta- t" for Lloyd's nouoa and has a master's in edu- lie said. With the ;ncumbents ot, decision. adding It that adds 46a breath vas only a l&At mnute infusion cation from the Universiity of Ala- of fresh air." (.. bamna. A rator In t'ie outcome 'AC morgey that allowed Uoyd to St~e was vice cria l-or'n" de- for tl-s tauw nemocratirk Party pends in part on how Preskfent Clinon frcm 19.11 to 19FA' Ls doing~ .hs Turnel-, Who's been a sta te Year. }Icwever. Lyons timesiaid nextPer- presentative- Duirand. former Hamilton haps for 10 years, C'DLnty attorr~y, the biggest factors now tMat 'ould onily saay about a possibie ran in the 3rd fresh faces ame runing Distract primiary n are per- Uidacy that a 'dot of people are 19M but st~ralities and !ocal iises dropped out after Lloyd re-en- Warnp's 1COw-a"" her to run. Early cn tered shovang List year. a Friday interview, the race that year. He has said Lyons, sn:ows she said her rot heid any Lie Republi- vents have always been ckase political office but cans have a strong biase to has been active in several mi the. lk Ridge iaWy Gene Joyce, d cori- isic~t desplte nt. winning the munaty activiues,, aneludmrng the seat in 16 bre&

____ ~~7fl Greenback man kiled four hurt in wreck Ficxu ~ ea

GRFYNBACK - A Green- Nick main was k-Jhd anco fcur peop'e, incudiVg h~s twu calikker. FEDERAL ELECTION COMMISSION 'ASHINCTON OC 2(463

OCTOBER 22, 1993

F. Scott LeRoy, Treasurer Meyer for Congress P.O. Box 9335 Chattanooga, TN 37412

RE: MUR 3822 Dear Mr. LeRoy:

This letter acknowledges receipt on October 18, 1993, of your complaint alleging possible violations of the Federal Election Campaign Act of 1971, as amended ("the Act"), by Zach Wamp, the Committee to Elect Zach Wamp, and Dan Johnson, as treasurer. The respondents will be notified of this complaint within five days.

You will be notified as soon as the Federal Election Commission takes final action on your complaint. Should you receive any additional information in this matter, please 'K) forward it to the Office of the General Counsel. Such information must be sworn to in the same manner as the original complaint. we have numbered this matter MUR 3822. Please refer to this number in all future communications. For your information, we have attached a brief description of the Commission's procedures for handling complaints.

Sincerely,

Mary L. Taksar, Attorney Central Enforcement Docket

Enclosure Procedures FEDERAL ELECTION COMMISSION VWASHINCION DC 20461 OCTOBER 22, 1993

L. Dan Johnson, Treasurer Committee to Elect Zach Wamp 651 E. Fourth Street, Suite 200 Chattanooga, TN 37403 RE: MUR 3822

Dear Mr. Johnson: The Federal Election Commission received a complaint which indicates that the Committee to Elect Zach Wamp ("Committee") and you, as treasurer, may have violated the Federal Election * Campaign Act of 1971, as amended ("the Act"). A copy of the complaint is enclosed. We have numbered this matter MUR 3822. Please refer to this number in all future correspondence.

Under the Act, you have the opportunity to demonstrate in writing that no action should be taken against the Committee and you, as treasurer, in this matter. Please submit any factual or legal materials which you believe are relevant to the Commission's analysis of this matter. Where appropriate, statements should be submitted under oath. Your response, which should be addressed to the General Counsel's Office, must be submitted within 15 days of receipt 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 accordance with 2 U.S.C. 5 437g(a)(4)(B) and S 437g(a)(12)(A) unless you notify * the Commission in writing that you wish the matter to be made public. If you intend to be represented by counsel in 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 Commission. L. Dan Johnson, Treasurer Committee to Elect Zach Wamp Page 2

If you have any questions, please contact me at (202) 219-3690. For your information, we have enclosed a brief description of the Commission's procedures for handling complaints.

Sincerely,

"L . T)Z

Mary L. Taksar, Attorney Central Enforcement Docket

Enclosures 1. Complaint 2. Procedures 3. Designation of Counsel Statement FEDERAL ELECTION COMMISSION WASHINCTON. D C 204"1

OCTOBER 22. 1993

Zach Wamp Committee to Elect Zach Wamp 651 E. Fourth Street, Suite 200 Chattanooga, TN 37403

RE: MUR 3822

Dear Mr. Wamp: The Federal Election Commission received a complaint which indicates that you may have violated the Federal Election Campaign Act of 1971, as amended ("the Act"). A copy of the complaint is enclosed. We have numbered this matter MUR 3822. Please refer to this number in all future correspondence. Under the Act, you have the opportunity to demonstrate in - writing that no action should be taken against you in this matter. Please submit any factual or legal materials which you believe are relevant to the Commission's analysis of this matter. Where appropriate, statements should be submitted under oath. Your response, which should be addressed to the General Counsel's Office, must be submitted within 15 days of receipt 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 accordance with 2 U.S.C. 5 437g(a)(4)(B) and S 437g(a)(12)(A) unless you notify the Commission in writing that you wish the matter to be made public. If you intend to be represented by counsel in 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 Commission. Zach Vamp Page 2

If you have any questions, please contact me at (202) 219-3690. For your information, we have enclosed a brief description of the Commission's procedures for handling complaints. Sincerely,

"%6 . T14U

Mary L. Taksar, Attorney Central Enforcement Docket

Enclosures 1. Complaint 2. Procedures 3. Designation of Counsel Statement L lsa okaon. CPA i HadMson(112g19s7} M. Hickey. CPA H. Pat tdwdhlson. CPA C. Jeff Du*r . CPA 16.~ EpT Members American Institute of Certified Public Accountants Ctevta M. Andrews. CPA Ter'ri Jeter-McAvoy. CYA Tennessee Society of Glynis . Koehler, CPA CerIfied Public Accounlants B. Dean Krech. CPA Kevin N. Loveday. CPA eohnso,Hickey i Accountn . Private Companies |anet R. White. CPA Certified Public Accountants Practice S ction

October 27, 1993

C..) *~, Ms. Mary L. Taksar, Attorney Central Enforcement Docket Federal Election Commission Washinqton, D.C. 20463 -C RE: MUR 3822 UA Dear Ms. Taksar:

As a follow-up to our telephone conversation this date, I am submitting the following explanation.

we timely filed the necessary "Statement of Candidacy" for the 1992 election cycle. The candidate (Zach Wamp) lost the general election by less than one percentage point, so we simply kept the organization in tact and continued the campaign. We have filed all the necessary financial and disclosure reports by their due dates since the 1992 November election. I normally pay particular attention to all correspondence from the FEC. I even read the RECORD. However, since we did not terminate his candidacy, I simply overlooked the requirement to file another "Statement of Candidacy."

Per your suggestion, I am submitting this explanation and enclosing a copy of the "Statement of Candidacy" which was forwarded to the Clerk of the House by Certified mail on this date.

I am sorry that you and the Federal Election Commission are forced to spend your vaLudbie time on this complaint from our primary opponent when there are so many serious violations that need to be addressed.

Thank you very much for your assistance in this matter and if additional .nformation is needed, please feel free to call me.

erv~ truv'." yours,

Dan Johnson, Treasurer Conmtee to Elect Zach Wamp

I..~[u~~ S~r.~*SuItt, 200f 0 (h Iattanto~~.i IenIIv,,,e 37403 -11424 o (6h15) 756~-0052 *[\ ~ t'34 ATUESeSAY (a*m Offr kwnAkeon) flR . Et E , &VNMIRISTRtJ . Zachary P. Wamp SIf! t 1M'1 S (Addrss (number and stroe) Q Che( i addres w~e 4705 N. Forest Road (c) C*iy. StW. and ZIP Code Hixson, TN 37343 _C_1 25167.. 3 Party Milon 4. o5eSougR S. SW& & OCAI3duIit Republican House of ReDresent. I TP lp i/3rd District DESIGNATION OF PRINCIPAL CAMPAIGN COMMITTEE

6. I hereby designate the fofto*wnq named political committee as my Prinepal Campaign Committee for the _ 1994 election(s) (year of election) NOTE: This designation should be filed with the appropriate office listed below. (a) Name of Committee (in full)

The Committee to Elect Zach Wamp (b) Address (number and street)

651 E. Fourth St., Suite 200 CD , C4y. State and ZIP Code

Chattanooga, TN 37403

DESIGNATION OF OTHER AUTHORIZED COMMITTEES (Including Jotnt FundraisN Representatvesi 0 . N- 1 hereby authorize the following named committee, which is NOT my principal campaign commitee, to receive and expend fund! on behalf of my candidacy

NOTE This designation should be filed with the principal campagn oommittee

a) Name of Comimttee (in full)

(b) A 5ress (number and street)

'c' City State and ZIP C,.Ce

"ce tt t .fy, ",..., t,,', '-, , " best a' ..-'y . . bv.. t ' 2 Signature of Candidate Date

J-p -

NOTE Submissor, Y Lm;. eoreou '', ,* :- c'mor -ra subject the pers.Dig'7 r), this Statement to the. ' . .. CANDIDATES FOR THE OFFICE OF: President mail to U.S. Senate mail to: U.S. House of Repre- For further information sentatives mail to: contact: eoe-a. Electlor .- ,--:.:-

5 6 Street N ', 0t'ce 01 Put':- Records Repesentat; o. To, "-.+- 44 95 . 4 W,'4sh naloo DC - , i'-H'i Se,'ae Otl-.e Bic9 Otice of Recod- ario I oc ' ".'' f Washnqto ' J 2 3,5TRec.sta'jro' 1036 Longworln Office Bidq Wash nqtorl DC 20515-6C 2 FEC FORM 2 e ECE;VE:" FEERA ELELTIYN 4AIL ROOM onbflr 'uFIn P.O. Box 9335. Chatwo, TN 37412• (615) 67-21 10

November 16, 1993

Mary L. Taksar, Attorney VIA CKRTIrIzD MAIL Central Enfcrcement Docket NO. P 645 395 904 Federal Election Cc.-issiorn Washi -cn 2?4 3

.e" MTTR 3827

Dear Ms. Taksar:

receive4 your letter ofCctober 22, 1993 acknowledging the receipt of the above-referenced complaint. We understand that once the respondents, Zach Wamp and the Committee to elect Zach Wamp, received notice of the complaint, they admitted they had not complied with the Federal Election Campaign Act of 7971. We understand snor- y thereafter they filed the appropriate FEC forms.

We are enclcsor.; for your review certain news articles which appeared shortly after the respondents learned of the complaint. The reason for my letter is to inquire as to whether these type viol.ations sho_. d be reported to your office in the future. This is certainly my first experience in acting as a campaign treasurer in a federal election and it is a first-time experience for Mr. Meyer as we-'!. I assure you we do not intend to flood your office with every co-nceivable or oossible infraction of the federal election laws, but we d'-d view this continuing violation as a rather serious matter.

As you can see rc.. th e sed articles, the sta--ements made by e respcn.en-s to the 2ress teno tc view tnhs as a "minor technical vSia z- ntr.o.. why of the FEC staff's time or trouble to review, f t's Is In fact the situation, we would certainly appreciate iourinsight into these type of matters so we do not unduly burden your off-ce or staff.

- lc. :crwii, nroa- :r::ic ou s:n ano azpreciate your time : vl.'d n -_?s.a::t-:. if y :u sho-u" '.e f ....her u:e stions, or

;e: - -_t ..

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": L,-. '.:_ t<, .r g~u: :: , " i '

- _ " .. : .[ ...... 7- Meyer hits Wamp campaign violation lation, ,aid Peggy ('atalano, cxecu Treasurer responds that minor oversiglt resolved tive director of the Registry of . Election and Finance myMary "Wp tions without filing the candidacy student about what's wrong with fChM, T,,W form. America," Wamp said. Meyer admits he erred in his State Rep Ken Meyer, R-East LeRoy says Wamp raised $40,000 "Dan has addressed this in a first state legislative race. Ridge. says Republican Zach and spent $20,000 before the June very responsible and professional "I was fined for it and I paid the Wamp has federal elec- 30, 1993, FEC reporting period and way .... tie simply made an honest violated fine. The difference is, I immedi big tion laws by accepting money for his campaign had a cash balance mistake and it's not a great ately solved the problom once I his 3rd Congressional District of $30,000 Wamp's actions are in mistake. Some politicians would was made awkare of it It %4asa con campaign before filing the proper disregard of the federal election like to make it a big mistake. But tribution that had not been re candidacy forms. law, 'something an experienced people who live in glass houses por'.?d 'o nie It ws not an oer L Dan Johnson, Wamp's cam- candidate as Mr. Wdmp should should not throw stones," Wamp sight of the law I accept full re paign treasurer, took responsibil- know," he said. said. sponsibility for it Myer said ity for the oversight Friday. He did Meyer believes Wamp ought to In fact, Meyer %as found in vio- not think he had to 1lle a statement assume responsibility for the mis- lation of the state campaign "I said I qcrewed up and didn't of candidacy because one was take and not let the blame fall on finance disclosure law in April try to blame anyone else," Meyer filed in 1992 and that campaign his treasurer. "It's up to me to 1991 for failing to disclose $1,042 said. " accept full responsibility was neverended. know whether I'm in violation of in postage provided by the Ten- for that as I expect Zach to take "Earlier this year I reported to the law, I would expect the same nessee Republican Party full respon.;ibility for his mistake the campaign committee and the from other candidates," he said. Meyer was fined $150 for the vio- and not blame his treasurer." I candidate that all necessary forms Meyer said he's known since and papers had been riled. ... I ac- May that Wamp had not riled a cept full responsibility for this statement of candidacy but he honeqt oversight which is being re- didn't take any action until Octo- solved in a manner acceptable to ber hoping that Wamp would file the Federal Election Comrnis- the appropnate form sion,"Johnson said. Wamp says the mistake has iw,'i, Johnson said it was unlikely taken care of and his focus has Wamp would be fined for the in- been on looking for solutions to fraction. "It's a very minor thing. national problems tie hasn't had It will happen in both campaigns," time to "look for chinks in his he said. opponent's armor" F. Scott LeRoy, Meyer's cam- " am busy looking for alterna- paign treasurer, reported the over- tives to Clinton's health-care plan, sight to the FEC. He wrote the ways to cut spending and improve agency on Oct 11 that Wamp had government For the last two days, been soliciting campaign contribu- I have been speaking to college

9 Hamilton County )emocratic lParty (hair-tian Campaign says Whitney Durand, a Chattanoioga lawyer, is skng his party's nod. and stat# Rep. Brenda Kaye Turier, a Chattanooga funeral home rdirtctor. ha ,,aid ,he's 0 considering running in the )emocratit, primAry, too. based 3rd istrict ndymns Interstate 7S is county probe The 12 from Anderson County to (hattanooga. OP In his Fnday statemenL ,Iohnrn ,ud he "iad filed 40 on 'oversight' a statement of candidacy for Wamp's 1992 nice and did not reahLe it had to be filed agAin. ft Mh@ B~encs "Earlier this year. I retorted to the camptiagn M...S Oak Rog nrewr committee and the candidate that all necesary forms and papers had reen filfd. Ubvi ouslv. I was OAK RIDGE - The Federal Election CommA- wrong " Johnson said. 3i01 is investigating the failure of 3rd District con "1 accept full responsibility for this honest over- preunlf candidate Zach Wamp's campaign to file sight, which is being resolve-d in a manner accept- a necssary 1994 "statement of candidacy." able to the FEC. On Oct. 27 we ent by cortifiod In a statement issued Friday, Wamp's treasurer. mail the 1994 'statement of candidacy' reqired by L Dan Johnson. said thp failure was his "oversight" the FEC. and said the situation has been corrected. "In my letter of explaiat ion (to the F..('). I apo)l- A complaint was filed with the P'I("by the cam- ogized to the FFC that they were forced to spend pa43 for Wamp's Repubbc n primary oppoemt, valuable staff time on this complaint from our pn- sate Rep. Ken Meyer of Chattanooga. mary opponent when there are so many enoUU.S Vi0, Meyer on Friday said the filing is Important. as lat ions that need to be addressed." well as reqired by law. because it sets in motion Meyer said the iusue is another example - (i',- the federal requirements for financial disclosure for gress and candidates believing they're above the the 1994 campaign. law. The Wamp campaign lsiclosed the ovi-fslght de- Blalock said !he 'ampaign could face a fine of a spte the fact the FEC notified the campaign the in- few thousand dollars for failing to file the statement, vestigtion would be kept confidential, Wamp but that has yet to be determined by the FFC. o Andrew Blalock -Aid. In 1991, Meyer wa fin d $Sl!) by the state FIec- Blalock said the campaign L not Urilled about tion Commiion board for failing in 1990 to report the oversight but believed it was two politicAl action committee cnntrihutiuws total necessary to make public the in- lirg $1,042, %aidPeggy Catalano, state election coor- vestigation to protect the carn- FOE diiator. She said Meyer informed the board he waws FILES psop's integrity. not aware of the two contributions until riotifii4t by amp and Meyer ae squar COMPIAINT the commiswion. ing off to succeed Rep. Marilyn Lloyd, D-Tenn., who recently anmounced she will not seek re- election next year.

/ ~ ( CHATANOOGA NEWS-FREE PRESS

CHATTANOOGA NEWS-FREE PRESS-Friday, October 29,1993 Wamp Campaign In Violation 0 Of Federal Law For 10 Months her ater a com)iitlnt has bf-,.'i By JEFF POWELL being notified by the FEC of the filed.' Meyer complaint Wednesday, he News-Fret Press Political Writer lie said he was not seeking pub- filed the appropriate papers for Zach Wamp's congressional licity when he filed the complaint Mr. Wamp's '94 campaign. campaign has been operating earlier this month, but wanted A accept full responsibility for afoul of federal election law for "clarification" because "this is this honest oversight which is the past 10 months, an "oversight" another one of those things where being resolved in a manner ac- the Republican hopeful's treasur- says everything's 0K, it's ()K, ceptable to the Federal Election Zach er takes the blame for. and it turns out it's not ()K Commission," Mr. Johnson said. But primary foe Ken Meyer, who "We cannot afford mistakes like "On Oct. 27, we sent by certified filed a complaint with the Federal this in Congress," Rep. Meyer con- mail the 1994 'Statement of Candi- Election Commission over the sta- tinued. " find it interesting that dacy' required by the FEC." tus of the Wamp campaign, says just a couple of months ago Zach Mr. Johnson said that in his "let- this is just one more of the "dan issued a press release vry ('ritical ter of explanation, I apologiued to gerous" mistakes Mr. Wamp has of (incumbent l)emocratic Rep ) the Federal Election Commission made in his bid for the 3rd District Marilyn Lloyd for betng in viola- that they were forced to spend congressional seat tion of FEC regulations. valuable staff time on this com- L. Dan Johnson, treasurer of the "If he's going to hold other peo- plain from our primary opponent Wamp congressional committee, pie up to higher standards, he bet- when there are so many serious acknowledged today the campaign ter hold himself up to the same that need to be ad- has not been operating in compli- violations high standards." dressed." ance with election regulations. He * Last summer, Rep. Lloyd's was The Wamp treasurer said that said Mr. Wamp never filed a fined by the FEC for not disclosing since Mr. Wamp's '92 committee "statement of candidacy" for the a portion of her campaign contri- was never terminated, he "did not 1994 race as required and has butions. understand that filing this (.'94) been operating under Mr. Wamp's The Meyer complaint and Mr document would once again be re- 1992 campaign banner. Johnson's explanation were dis- quired." Candidates actively campaign- closed by the Wamp campaign Rep. Meyer, however, was not ing for the House or Senate and Rep. Meyer and Mr Wamp, satisfied. Both raising more than $5,000 are re- who narrowly lost his '92 bid to "The real problem is he's been quired to tile such statements of Congresswoman Lloyd, are in violation for 10 months now," he unseat candidacy, even if they are "unan- to announce their '94 "This should have been expected nounced" candidates. said. candidacies soon. But Mr. Johnson said that after caught in January, not in Novem- 0.S

FEDERAL ELECTION COMMISSION

DECEMBER 27, 1993

F. Scott LeRoy, Treasurer Meyer for Congress P.C. Box 9335 Chattanooga, TN 37412

RE: MUR 3822

Dear Mr. LeRoy:

This letter acknowledges receipt of the supplement to the complaint you filed on October 18, 1993, against Zach wamp, the Committee to Elect Zamp Wamp and L. Dan Johnson, as treasurer. The respondents will be sent copies of the supplement.

In response to the question you posed in your letter, we note that pursuant to 2 U.S.C. 5 437g(a)(1), "[any person who believes a violation of this Act. . . has occurred, may file a complaint with the Commission." After a complaint has been received and the respondent(s) has been given the opportunity to respond, the Commission will make a determination regarding the appropriate action.

Due to the confidentiality provision under 2 U.S.C. 55 437g(a)(4)(B) and 437g(a)(12)(A), we are unable to discuss with you the specifics of this matter. As outlined in our October 22, 1993 letter, you will be n'tified when the Commission takes final action on your complaint.

Si ncerel

Lois G. Lerner Associate General Cuns-' I a S

F[DERAL FLEC I ION COMMISSION

DECEMBER 27, 1993

L. Dan Johnson, Treasurer Committee to Elect Zach Wamp 651 E. Fourth Street, Suite 200 Chattanooga, TN 37403

RE: MUR 3822

Dear Mr. Johnson:

On October 22, 1993, you were notified that the Federal Election Commission received a complaint from F. Scott LeRoy alleging violations of certain sections of the Federal Election Campaign Act of 1971, as amended. At that time you were given a copy of the complaint and informed that a response to the complaint should be submitted within 15 days of receipt of the notification.

The Commission has received additional information from the complainant pertaining to the allegations in the complaint. Enclosed is a copy of this additional information. If you have any questions, please contact Joan McEnery at (202) 219-3690. Sincerely,

Mary L. Taksar, Attorney Central Enforcement Docket

Enclosure F[RDE IIRAI.IlTION COMMISSION

DECEMBER 27, 1991

Zach Wamp c/o Committee to Elect Zach Wamp 651 E. Fourth Street, Suite 200 Chattanooga, TN 37403

RE: MUR 3822

Dear Mr. Wamp:

The Commission has received additional information from the complainant pertaining to the allegations in the complaint. Enclosed is a copy of this additional information.

If you have any questions, please contact Joan McEnery at (202) 219-3690.

Sincerely,

Mary L. Taksar, Attorney Central Enforcement Docket

Enclosure 06c, otovI S C BROWN, DOBSON, BURNETTE & KESLER ATTORNEYS AT LAW %JA -3 AN 8: 5 ''77 N JIP CHERRY STREET PROFESSIONAL. BUILDIIN( 7111 (JERRY STREET HAA AK N ET CHATTANOO.G;A, TENNESSEE 17402 HARP'- P ('A,41 TH EPH .,F it-, ", . 1'1 - F,'T, ARI)E.M.%\ y!, P PFTT2]

December 20, 1993

Attorney Mary L. Taksar Central Enforcement Docket Federal Election Commission Washington, D.C. 20463 Dear Ms. Taksar: Enclosed is a Statement of Designation of Counsel authorizing me to communicate with the Commission on behalf of Zach Wamp, candidate for Congress. Please let me know of any developments regarding this matter under review. Yours very truly, BROWN, DOBSON, BURNETTE & KESLER

Michael S. Pineda

MSP:tp Enclosure STATEMENT OF DESIGNATION 0f COUSEL

MUR 3822

NAME OF COUNSEL: Michael S. Pinrai

ADDRESS: BROWN, DOBSON, BURNETTE P KESLER 713 Cherry Street

Chattanoo qj X 37402

TELEPHONE:( 617 ) 266-2121 c-vC,

The above-named individual is hereby designated as my

counsel and is authorized to receive any notifications and other

communications from the Commission and to act on my behalf

before the Commission.

12,--/3-q SignatuW Date

RESPONDENT'S NAME: ach Aarp

ADDRESS: The Committee to Elect Zach Wamp

t 3'~n o a a, - e e ee - 0

TELEPHONE: HOME( ___ 7,, BUSINESS( FEDERAL ELECTION COMOISSION SECRETARIAT FEDERAL ELECTION COMMISSION Ja IZ 2 is PH 1I 999 E Street, N.W. Washington, D.C. 20463 A h

FIRST GENERAL COUNSEL'S REPORT =L NIVE

MUR 3822 DATE COMPLAINT FILED: 10/18/93 DATE OF NOTIFICATION: 10/22/93 DATE ACTIVATED: 4/8/94 STAFF MEMBER: Craig D. Reffner

COMPLAINANT: F. Scott Le Roy, Treasurer Meyer for Congress

RESPONDENTS: Zach Wamp Committee to Elect Zach Wamp and L. Dan Johnson, as treasurer

RELEVANT STATUTES: 2 U.S.C. 5 432

INTERNAL REPORTS CHECKED: Disclosure reports

FEDERAL AGENCIES CHECKED: None

I. GENERATION OF MATTER

This matter was generated from a complaint by F. Scott

Le Roy, the treasurer for Meyer for Congress, alleging that Zach

Wamp had yet to file a statement of candidacy in connection with his 1994 campaign in Tennessee's Third Congressional district.

Zach Wamp and his principal campaign committee, the Committee to

Elect Zach Wamp (the "Committee"), were notified of the complaint.

Respondents submitted a statement of candidacy for Mr. Wamp's 1994 campaign and, in their response, explained that they failed to do so earlier becasue it was "simply overlooked." Attachment.

II. FACTUAL AND LEGAL ANALYSIS

The Act requires each candidate for Federal office to file a

statement of candidacy, designating a political committee to serve as his or her principal campaign committee. 2 U.S.C. S 432(e)1,1 . -~

-2-

Such designation shall be made no later than 15 days after becoming a candidate. Id. Under the Act, a candidate is an to individual who seeks nomination for election, or election,

Federal office. 2 U.S.C. 5 431(2). The Act further provides that or an individual shall be deemed to seek nomination for election, election (A) if such individual has received contributions aggregating in excess of $5,000 or has made expenditures has aggregating in excess of $5,000; or (B) if such individual given his or her consent to another person to receive

contributions or make expenditures on behalf of such individual

and if such person has received such contributions aggregating in

excess of $5,000 or has made such expenditures aggregating in

excess of $5,000. Id.

As noted, the complainant alleges that Zach Wamp failed to

file a statement of candidacy in connection with the 1994 election

in Tennessee's Third Congressional District. In support of his

allegation, he explains that after an unsuccessful candidacy in

the 1992 election, Mr. Wamp continued to raise "approximately

$40,000 and spent approximately $20,000 pursuant to his June 30,

1993 FEC report." I Complaint at 1. The complainant avers that

since Mr. Wamp finished the 1992 election with no campaign debts,

the contributions received and expenditures made after the 1992

election must relate to the 1994 election. The Complainant also

points to news articles in which Mr. Wamp purportedly "referred to

1. Mr. Wamp was a candidate in the 1992 election. He was successful in the primary election that year, but later lost in the general election with 49i of the vote. -3-

runner" in the himself not only as a candidate but as the front

1994 election. Id. to the In response to the complaint, Dan Johnson, treasurer

Committee, acknowledged that Mr. Wamp had not yet filed a election. statement of candidacy in connection with the 1994 Wamp's unsuccessful Attachment. He explained that following Mr. was filed, 1992 campaign, for which a statement of candidacy election and Mr. Wamp "continued campaign[ing]" for the 1994 "simply overlooked the requirement to file another 'Statement of

of Mr. Wamp's Candidacy.'" Attachment at 1. He enclosed a copy was statement of candidacy for the 1994 election, which by purportedly sent to the Clerk of the House of Representatives

certified mail on October 27, 1993.

A review of disclosure materials shows that Mr. Wamp in received in excess of $5,000 in itemizable contributions Thus, he connection with the 1994 election on February 25, 1993.2 than March 12, should have filed a statement of candidacy no later candidacy 1993. As noted above Mr. Wamp submitted a statement of

for the 1994 election on October 27, 1993, 228 days late.

In light of the above discussion, this Office recommends Wamp violated that the Commission find reason to believe that Zach we further 2 U.S.C. S 432 e). However, under the circumstances, and close the recommend that the Commission take no further action

2. Disclosure reports show that during the same reporting period, the Committee also received unitemized contributions exceeding $5,000 for the 1994 election. Because it is unclear Wamp when the Committee actually received these contributions, Mr. may have crossed the Act's $5,000 threshold for candidacy before February 25, 1993. -4- file in this matter, with an admonishment letter being sent to the Respondent. First, it does not appear that Respondent sought to circumvent the Act's reporting requirements. Indeed, the Committee continued to file all disclosure reports showing its financial activity even though the 1994 statement of candidacy had not been filed. In this regard, the integrity of the public

record has not been jeoparized.

Lastly, as noted, Mr. Wamp has since filed a statement of candidacy in connecticn with the 1994 election. In short, we believe that sending an admonishment letter will result in a more effective use of the Commission's resources than pursuing this matter through the enfor. ment process.

III. RECOMMENDATIONS

1. Find reason to believe that Zach Wamp violated 2 U.S.C. S 432(e) based upon the complaint filed in MUR 3822, bu, take no further action. Find no reason to believe that the Committee to Elect Zach Wamp and L. Dan Johnson, as treasurer, violated any provision of the Act based upon the complaint filed in WUR 3822. 0

-5-

3. Approve the appropriate letters.

4. Close the file.

Lawrence M. Noble General Counsel

-7 BY: Date Associate General Counsel

Attachment Response to complaint A .V U

BEFORE THE FEDERAL ELECTION COMMISSION

In the Hatter of

Zach wamp; MUR 3822 Committee to Elect Zach Wamp and L. Dan Johnson, as treasurer.

CERTIFICATION

I, Marjorie W. Emmons, Secretary of the Federal Election Commission, do hereby certify that on July 15, 1994, the Commission decided by a vote of 5-0 to take the following actions in MUR 3822:

1. Find reason to believe that Zach Wamp violated 2 U.S.C. 5 432(e) based upon the complaint filed in MUR 3822, but take no further action.

2. Find no reason to believe that the Committee to Elect Zach Wamp and L. Dan Johnson, as treasurer, violated any provision of the Act based upon the complaint filed in MUR 3822.

(continued) i.e

Federal Election Commission Page 2 Certification for MUR 3622 July 15, 1994

3. Approve the appropriate letters, as recommended in the General Counsel's Report dated July 12, 1994.

4. Close the file.

Commissioners Aikens, Elliott, McGarry, Potter, and Thomas

voted affirmatively for the decision; Commissioner McDonald did

not cast a vote.

Attest:

Date' Emmons Sect e*r ry orieof theW. Commission

Received in the Secretariat: Tues., July 12, 1994 2:19 p.m. Circulated to the Commission: Tues., July 12, 1994 4:00 p.m. Deadline for vote: Fri., July 15, 1994 4:00 p.m.

bjr 0

FFDURAL Ft FCTION COMMNIISSION

A N \,, N 4 I . k .,

CERTIFIED MAIL JULY 27, 1994 RETURN RECEIPT REQUESTED

F. Scott LeRoy, Treasurer Meyer for Congress P.O. Box 9335 Chattanooga, TN 37412

RE: MUR 3822 Zach Wamp Comittee to Elect Zach Wamp and L. Dan Johnson, as treasurer

Dear Mr. LeRoy:

This is in reference to the complaint you t:le( with h,, Federal Election Commission on October 18, 1993, concerning the above captioned matter.

Based on that complaint, on July 15, 1994, the Commiss. r, found that there was reason to believe that Zach Wamp violated 2 U.S.C. 5 432(e), a provision of the Federal Election Campi:-in Act of 1971, as amended. On the same date, the Commission al-- found no reason to believe that the Committee to elect Zach W;i~p and L. Dan Johnson, as treasurer, vi iated any ptovisions tnf Act. After considering the circumstances of this Matter , the Commission determined to take no further action against -ch Wamp and closed the file in this matter on July I5, 1994. This matter will become part of the public record within 30 days. The Federal Election Campaign Act of 1911, as amended, allows a complainant to seek judicial review of the Commission's dismissal of this action. See 2 U.S.C. 5 43-h i 8.

If you have any questions, P1ese ->nta-tr - . 219-3400.

S:n e:

Cra:Q D.-effne: Attorney

Enclosure e a .. n e s FDI-RAL [L[(TI()" (()MMISSION

' IA , ' i E4)". 1) I,;

JULY 27, 1994+

Michael S. Pineda, Esq. Brown, Dobson, Burnette & Kesler 713 Cherry Street Chattanooga, TN 37402

RE: MUR 3822 Zach Wamp Committee to Elect Zach Wamp and L. Dan Johnson, as treasurer

Dear Mr. Pineda:

On July 15, 1994, the Federal Election Commission found Zach Wamp, violated reason to believe that yo.rc: :ent Federal Election Campaiin 2 U.S.C. 5 432(e), a provision of the On the same date, the Act of 1971, as amended ,"the Act" ). other clients, the Commission found no reason to beli eve that your as treasurer, Committee to Elect Zach Wamp and L * Dan Johnson, the violated any provisions -f the Act * After consilrlina d!I-e to take circumstances of this matte e Commssion and closed its filp. Th" further action against Zach Wamp, General Counsel's Report, which formed a basis for the Commission's finding, is attached for your information.

The Commission reminds y u that not filinq a sta temoni. a candidate 1 s a vir at1i on candidacy within 15 days af ter becoming take steps t o : U.S.C. § 432(e'l. You of 2 future. that this activity does not occur in the

The confident iaiity " :. "onso at U. S . C. 1 37 na ii longer apply and this matter : nS w pubI n * i o h ubli' record wni t h i the complete file must be pa-ed on the p i --,,t t i f , - '-'-C days, this could o C C 1-...... s- " " a-u;","f:tual Commssicn's vote. v ~ ~ ,,s 'm 1 t please d- so materials to appea r ccn n. o - rord, .3S S )n the public record possible. While the file may be placed c S~re e '.'n r ecor'J '. I r7 e i pt . submissions will b adde! to toe pubi i- r J0

Michael S. Pineda Page 2

If you have any questions, please contact Craig Reffner, the attorney assigned to this matter, at (202) 219-3400.

For the Commission,

Tr vor Potter Chairman

Enclosure General Counsel's Report FEDERAL ELECTION COMMISSION WASHINCTON. D C 20463

THIS IS THE END OF IR 4 3 ?2

DATE FILMED -7_-,- CAMERA NO. V

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