4 FEDERAL ELECTION COMMISSION WASNCION. DC A* THIS ISTHE BEGIINIM OF IMR # -alL2& DATE FILMED 111111, CAMMR NO a cN -.N Jack F. Overstreet Natural Resources Broker P.O. Box 3587 Gillette, Wyoming 82716 89 MAY -5 AM10:081 (307) 682-8376 May 3, 1989 Mr. Lawrence M. Noble, Esq. General Counsel Federal Election Commission 999 E Street, N.W. Washington, D.C. 20004 Dear Mr. Noble: At long last, here is a complete, originally executed complaint regarding the Vinich for Congress Committee's "Republicans for Vinich" phone bank used in our recent Wyoming special election. Also enclosed are three affidavits in support of the complaint. I can furnish other evidence from other parts of Wyoming if more material is needed or if a hearing is held. Please call me at (307) 682-8376 if you require further information, or write me at 1104 Frisky Court, P. 0. Box 3587, Gillette, Wyoming 82717. Thank you for your assistance and attention. Very truly yours, Je. Jack F/.'Overstreet Enclosures S S April 24, 1989 Lawrence M. Noble, Esquire General Counsel Federal Election Commission 999 E Street, N.W. Washington, D.C. 20004 Dear Mr. Noble: This Complaint, by Jack Overstreet, Chairman, Campbell County Republican Central Committee, 1104 Frisky Court, Gillette Wyoming 82716, against John Vinich and the Vinich for Congress Committee, P.O. 67, Hudson, Wyoming 82515, is filed with Exhibits 1 and 2 with the Federal Election Commission ("FEC") pursuant to 2 U.S.C. Section 437g(a) of the Federal Election Campaign Act of 1971, as amended ("the Act"). John Vinich ("Vinich"), a candidate for the U.S. House of Representatives from Wyoming, and the Vinich for Congress Committee, Vinich's principal campaign committee ("the Vinich Committee"), have, once again, demonstrated their creativity in gaining the public's attention. In doing so, they have not only violated the public's trust, but have violated the Act by knowingly and willfully failing to properly identify the sponsor of a telephone solicitation, advocating the election of Vinich, in direct violation of 2 U.S.C. 441d. 2w On Friday, April 21, 1989. it came to my attention that Campbell County Republicans were receiving telephone calls from individuals falsely identifying themselves as Wyoming Republicans. Further, that these calls were being made on behalf of "Republicans for Vinich.- Upon further investigation of records on file with the FEC, it became apparent that such an orgsnisation does not exist. Vinich campaign manager, Roger McDaniel has, however, acknowledged that ". there is a Republican for Vinich organization, which Is comprised of 1 Ifyoming Republicans and headed by Sheridan lawyer and former legislator Hardy Tate," (Css.r ftar-Tribune, Sunday, April 23, 1909). (Exhibit 1). Further, that this organization has "... made about 30,0o0 calls to Republicans so far" and that "most of the calls are 1o being made by Vinich volunteers." 14. PHardy Tate, when contacted by the Gillette (WY) n News-Rord was ". • • "rather astounded" that the Vinich campaiqn .7- had used his 16-member group's endorsement so widely," but acknowledged that although (1] gave the phone-call script "my blessing" , . the group had contributed no funds to Vinich . (The News-Regord. Sunday, April 23. 1989). (Exhibit 2). In that same article, McDaniel acknowledged that ". funding for the Republicans-for-Vinich effort is coming out of the general campaign fund . 2" ji. I. VIOLATION 1 LA Federal low specificallY provid*s that when a coflmunflation expressly advocates the election or defeat of a clearly identified candidate or solicits contributions through any broadcasting facility, direct station, newspapers magazine, outdoor advertising advertising, mailing or any other type of general public political it must clearly and conspicuously state one of the following authorization notices: if paid for and authoriZed bY a candidate# an political committee of a candidate, or authorized the communi- its agents, shall clearly state that cation has been paid for by such authorized political committee, or for by other persons but authorized by a if paid a candidate, an authorized political committee of candidate, or its agents* shall clearly state that the communication is paid for by such other persons and authorized by such authorized political committee; if not authorized by a candidate, an authorized political committee of a candidate, or its agents, shall clearly state the name of the person who paid for the communication and state that the communication is not authorized by any candidate or candidate's committee. 2 U.S.C. 441d. McDaniel admits that the Vinich campaign is using the following script for its phone bank operation: for "Hello, is home. I am calling Republicans for JOhn vinich. we are supporting because he'll fight for wyomingites of all John Council ages. He has the support of the National of Senior Citizens, the Gun Owners of America, 4- end the W nal Committee to presera ocial Security and medicare. John has fought the big utilities who wanted to out off power to citizens in the winter and he'll fight for jobs and oppose new taxes for all of us in Wyoming. Can we count on your support for John Vinich in the special election on April 26." This script was used* according to McDniel, in "about 30,000 phone cells" and, therefore, constitutes "general public political advertising." Although the message expressly advocates the election of Vinich, it does not contain the authorization notices prescribed by Federal law. In fact, the message falsely identifies an organization, Republicans for Vinich, which does not legally exist and which its founder, Hardy Tate, acknowledges has "contributed no funds to Vinich". 'T CThe disclaimer rules of the Federal Election Campaign Act I-V (*FSCA") are designed to provide the public with complete information on the sponsorship and authority for such a political 0 message. Vinich's failure to use the required disclaimer is a r blatant attempt to conceal from the public crucial information about his sponsors. r7 I II., SC4LUgON The undersigned hereby requests that the FEC investigate this potential violation and enforce, as necessary, the FECA and the FEC's regulations. O. - -.5- IV. VERIFICATION The undersigned swears that the allegations and facts set forth in this Complaint are true to the best of his knowledge, information and belief. Jack Overstreet Chairman Campbell County Republican Central Committee 1104 Frisky Court Gillette, Wyoming 82716 (307)682-8376 Subscribed and sWonto before me this 24 0 . 1989 , , K -. E.L. YOUNG NotaryPubi y m o.tary Public My Commission ExpiA W S Vinich phone, EXHIBIT 1 Abank draws GOP anger By BILL LAZARUS Star-Tribunestaff writer GILLETTE - A "Republicans for Vinich" telephone bank cam- paign has raised the ire of Gillette Republicans. Jack Overstreet, chairman of the Campbell County Republican Cen- tral Committee, charged that people telephoning from Washington, D.C. are falsely identifying themselves as Wyoming Republi- cans. "(W)e hereby call upon the Democratic candidate to stop the lying and misrepresentation by his D.C. hirelings ...We insist that the 0 Vinich campaign and 'National Telecommunications Service' cease Vinich C7 and desist using the name 'Republi. Coutlaued from A I He said his company has phone cans' and falsely claiming that they from Seattle, Washington by Na- centers in different locations around are calling from Wyoming," states tional Telecommunications Ser- the country, and that all its calls in a resolution issued Saturday by vices, Inc. "The fact is that both this effort were made from Seattle. , Overstreet's central committee. parties are using these kind of phone Callers, he said, do not identify '"That's the silliest thing I've banks," McDaniel added. where they are calling from, unless .0 'heard yet in this campaign," said Overstreet said he has no pro- asked, and then are to respond Roger McDaniel, campaign manag- blems with phone banks per se, but truthfully. Such telephone banks, er for Vinich. "Most of it is insisted that callers were misrepre- Falmlen said, are common to both wrong." senting themselves as being Repub- parties nationally. He would not McDaniel said there is a Republi- licans from Wyoming. give further details of the telephone C can for Vinich organization, which "It's not just deceptive, it's an calls. out and out lie when you is comprised of 16 Wyoming Re- pay people McDaniel said the Vinich cam- 'T publicans and headed by Sheridan to say, 'Oh, I'm calling from Cas- paign is using the following per,' " Overstreet script: lawyer and former legislator Hardy asserted. He said "Hello, is ----.-- some callers had admitted home. I S Tate. to calling am calling for Republicans for John "They have made about 30,000 from Washington'D.C. 'after first Vinich. We saying are supporting John calls to Republicans so far, and they they were calling from because he'll fight for Wyomingites Wyoming. Other callers, have to date had 37 percent of those he said, of all ages. He has the support of Republicans say they support John were evasive and gave misimpres- the sions. National Council of Senior'Cit- Vinich," McDaniel said. izens, the Gun Owners of America, He said that most of the calls are Thomas' campaign sent out af- and the National being made by fidavits Committee to Vinich volunteers, from Overstreet and two Preserve. Social Security other individuals on and and that others are being placed Saturday con- Medicare. John has fought the big Please see VINICH, A3 cerning the telephone campaign. utilities who The wanted to cut off pow- statement from Joyce Bishop er to citizens in the winter of Gillette said that the telephone and he'll fight for jobs and oppose new taxes caller hesitated and then said he was for all of calling us in Wyoming.