AW~ FEDERAL ELECTION COMMISSION WASHINGTON. DC. 2W3 DATE F I LlE ____ CAM~ERA N.We ___ Lft CD cr. FEDERAL 1RECf$VCO 11A11. '0801t1SSION 88 JAN 21A V The Republican Party of Kentucky _________- Capitol Avenue at Third Street * P.O. Box 1068 Frankfort, Kentucky 40602 Phone (502) 875-5130 January 19, 1988 Lawrence M. Noble, Esquire General Counsel Federal Election Commissionrn10"A 999 E Street, N.W. Washington, D.C. 20463 G Dear Mr. Noble: j c This letter is a formal complaint against Harvey Sloane, the Judge Executive of2- Jefferson County, Kentucky, who is illegally using a state campaign cormittee to run for the United Sates Senate in 1990. Sloane's decision to avoid the filing requirements for federal candidates allows him to use money that cannot legally be spent in a federal campaign. The FEC must investigate and stop this abuse of n the federal election process. I am filing this complaint against Harvey I. Sloane, 1401 South Fourth Street, Louisville, KY 40208 (and Office of the County Judge Executive, Jefferson County Courthouse, Louisville, KY 40202), for violation of the Federal Election Campaign Act ("the Act"). Specifically, he has and is violating 2 U.S.C. 431(2), 2 U.S.C. 431(4)(B), 2 U.S.C. 432(e)(1), 2 U.S.C. 433(a), and 2 U.S.C. N 441a(a)(1)(A). O As the attached newspaper article shows, Sloane is conducting a campaign for federal office. He has not disavowed the attached article. He is conducting activities that demonstrate he is acting as a candidate for federal office and he has spent more than $5,000 in his effort to be the Democratic Party Senate nominee in 1990, 2 U.S.C. 431(2). He is in violation of the Act for failing to M file a statement of candidacy, 2 U.S.C. 432(e)(1). and a Statement of C, Organization, 2 U.S.C. 433(a). Sloane's expenditures are so blatantly a part of a federal campaign that the Louisville Courier-Journal reported: "Expenditures by Sloane's standing politi- cal committee support the theory that Sloane is paving the way for a run for the Senate." See Attachement A. For example, Sloane's state political committee paid $9,250 for Sloane to join the Democratic Business Council, a fundraising arm of the Democratic National Committee which raises money for United States Senate candidates. The FEC should also investigate whether any of that money has been illegally earmarked to aid his eventual race in Kentucky. In addition, Sloane commissioned a statewide survey by a national Democratic polling firm. See Attachment B. The FEC should examine this poll to see if Sloane asked any questions relevant to the 1990 Senate race and his standing around Kentucky. There are no non-federal statewide offices up for election until 1991. Paid for by The Republican Party of Kentucky, Lawrence H. Owens, Treasurer Mr. Lawrence M. Noble, Esquire January 19, 1988 Page 2 Normally, the costs of a poil may fall under the testing-the-waters exception to the definition of candidacy, 11 C.F.R. 100.7(b)(1)(i). However, 0(o)nly funds permissible under the Act may be used for such activities." Id. A review of the contributions to Sloane's state committee that has made tEWe expenditures for Sloane's Senate campaign show that funds impermissible under the Act were used. These contributions came from individuals who contributed more than $1,000 per election, 2 U.S.C. 441a(a)(1)(A), and from political committees that are not registered as federal committees. 2 U.S.C. 431(4)(B). See Attachment A. Harvey Sloane is seeking federal office and ignoring the federal election laws while doing so. I ask that you investigate these clever circumventionls of the Act and the FEC's regulations. Not only has Sloane already stepped over the line into federal candidacy but he will continue to do so in the future. The Commission is empowered to do something about this. 2 U.S.C. 437g(a)(1) and (4). nceely Bob Gable State Chairman Enclosures: Attachment A N Attachment B Subscribed and sworn to before me this 4 1 day of ;d/I , 1988. Cr Notary Public My commission expires:.-i< ' X-. P. I : C -y.. / 4d l Sloane appears likely to run for MCConnell'Ms Senate seat in 1990 BY ALAN JUDD And BOB JOHNSON Xentchu e gsr Staff Writers of =lcto =ane U04 May 14, the Jeffersont County Judge-Executive Harvey Sloane Committee Sloane is apparently preparing to run for the U.S. Senate seat held by Mitch McCon. nell In 1000. popcalled .the First, thougft he'll have to decide wheth- IVA, ,Itemocratic Buuiness er to seek re~election as Judge~xecutive In Council, which IsAt- 190.9 If he doesn't. his move Is likely to filleted with the result In a spirited campaign to replace Democratic National him. If he does he seems destined to hear Sloane Committee -and charges that he to uslnag the office only to which has raised get elected to another job. money for numerous Democratic candl- Through a spokeswoman, Sloane recentl dates for the Senate and the Bouse. declined to discuss his political plans. Promotional material from the council However, Bob Butler, the Jefferson Coun- said the organization encourage "the cow. ty Democratic chairman and an aide to tinuing partnership between business lead- Sloane, said: "I think Harvey is planning to ers and run against the leaders of the Democratic Par. McConnell In '90. 1 don't think ty. It also said the -dues paid by council that's any big secret." members "represent the greatest Expenditures by Sloane's standing politi. ingle cal source of sustaining revenues to the Demo- committee during the pist several cratic months support the theory that Sloane is National Committee." paving the way for a run for the Senate. Among the expenditures reported to the See SLOANE PAGE 4,col. 1,this section /67 Attachment A DE 3 "87 I LLE OFF7IC pet k f S1oane seezn4 likely to run for Senate in I QOAi 442Haomil panat3 elected to the Senate. Sloane's decision ofne wheo ae U I And tIl. Seek reulectton go whth reon 1Useto" one W~rdj who hav benied AS countY Jude. WOXtoteOtr. office to Ieto WO~qI it ,n te In I1oo589 I don't think he Would do 1 wfj~thMcUMeu IliClud amOne. NO CM e 'lag money Would need to begin riah and setting up a tae ted Slon. Will need to decide by net hecampaign Organizatio daalwhat couTse 11e wanta Im race for a Son Ids Butler said, adding to take, by I1ego, meanoln that be that he hear$ 1P donated $6,00 be runninlg for two Cal Lildate Much 11cs aipabueoas to cOv. Wallace 'es Offices at oni pa ng. cuaonaotSaes Butler Predicted few Problems~ ktnn aapagiparently tiPH. Sloand If he does seek ror "Karvey Sloane proceft o a funld-raiser he Raisin1 both oftic fryet," doesn't know t Money for a 1989 rice he Said. '1How anybody Sloneei~the MSday 0r tiat iudaeeexecutlve Should f a.would know Isbeyond me.-- es o Be1le Of Louinis . ie 1m, he be no pro 614 01llkinso ad Sloane Said, ePecially It Loulsivi have bet Mayor Jerry Abramson leFollowing ftd Politically.since 1034, nre-election, also se 18 0 list Of Individuals Slone Wl as expected. ks who contributed 81,000 changed III MInd aboutWue A 011don't think the the Sloane or more to 0 Poring ilkinon fr ). ty is ready Republican pu Commlttue. In some 187AddUioall, WIi~lsogovernor n to wage a bnttie witr- cases, the contributors ha those two peopie leaing the ht More gave money 17 been mentIoned a oi; ad 5 cratic) ticket," (Dem( than once. Each Isfrom Louis. date for the Senate V0ornblnatind NeeteV3heless, Butler said. >- ville unlvgs otherwise noted. Butler 6Cknowl M-1other ludication edged that If Sloane Were that Sloane flounced candidate an an on tomay DOMOa'aC run for the Senate, 8Ceordli by k1989, for both office,, and RepubhJ" lead. the Republicans, could O-311reetlttoma m4lt an Issue of that during f the Kentucky Couc race for Judge-.executive. the Executive Judge. AsoiationTht podgt 10hn G. Jieyburn 11, the Jefferson Will allow him to travel ioUd thM County Republican chairman, state, meetngs lo ve lieafi that It Sloane runs maid Would asume for Mle Senate "1 dasadmaking It easter to estab. he a not Soing to -*l tgflde caMpao running for County judge. be orhmniza. 11O how It Would I Just don't be practical or ac. 1,0ilowing 14100sloa farmer cePtabie to be running for Ll a list of POlitlcal-ac. Jeffero In 1089 anld literally an office lon Committee# thalt donated CoggJo YOU ek hld the be running at Sloane Committee. to the sat~~oea the same timei for the Senate" earbefre he was It Sloane 1UPS PAC at K@'"100Y, did so, lleYbUrt%said, LMG Lawyers for fmtft would be for "a relatvlyelisIt fiyireif&Ca"'I0fit ?WEf~fP, "ltd i T ouch#I.Roq% beconit firm, c?; Pp too?"ICer On, NO..1 o, n Lif FuuKeIqstry a1leIw Fits= 4- r1604 LUdqlb~l Real 1. Namneof candidate #,(F z % Ir' Comuflee Mte 3. Sr CO K udeL. K""bsk 40601 Off-c Qht~c8 Avr~ j44,A 8 1;wf SI IA (i"~9Prf 5023564-2226 FMmO DISBURSEMENTS Dist. No. 4 County of residincefirZ51 SCHEDULE 2 M 4 Namne and Address of pew-mto whom paid(if over100) 5.