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SCREW FOR USE WIND DEFLECTOR #8-32UNCx9.0
MOUNT CAMERA ASSEMBLY HIGH-MOUNTED. CENTERED AOM-53 Features: - 5.5" Monochrome Monitor - Dual Camera Input - Brightness/Contrast/Day-Night Controls - Volume Control for Internal/External Speaker - Camera Position Button (Up/Down) - Power/Stand by Button - Front Panel Controls Back Lit
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Paper filers should use the Commissions old reporting forms to file amendments to reports that were originally filed using these forms. Federal Election Commission 999 E Street, NW Washington, DC 20463 800/424-9530 202/694-1100 202/501-3413 (FEC Faxline) 202/219-3336 (TDD for the hearing impaired) Ellen L. Weintraub, Chair Bradley A. Smith, Vice Chairman David M. Mason, Commissioner Danny L. McDonald, Commissioner Scott E. Thomas, Commissioner Michael E. Toner, Commissioner James A. Pehrkon, Staff Director Lawrence H. Norton, General Counsel Published by the Information Division Greg J. Scott, Assistant Staff Director Amy Kort, Editor http://www.fec.gov
treasury funds in connection with any election of any candidate for federal office. 2 U.S.C.441b. In addition, the Act prohibits making contributions in the name of another, knowingly permitting ones name to be used to effect such a contribution and knowingly accepting such a contribution. Further, no person may knowingly help or assist any person making a contribution in the name of another. This prohibition also applies to any person who
Electronic filers should use Version 5 of FECFile or other software that supports the new format to file all reports and amendments.
provides the money to others to effect contributions in their names. 2 U.S.C. 441f. During 1995 through 1999, Mr. Christopher solicited federal campaign contributions from officers and employees of Audiovox and its subsidiaries, as well as from others, including distributors of Audiovox products. Mr. Christopher authorized payments of corporate funds to reimburse a number of individuals for their contributions. For example, he authorized payments to distributors of Audiovox products, which in turn used those funds to reimburse executives who had made contributions. Moreover, executives from an Audiovox subsidiary that Mr. Christopher is the president of, Audiovox Communications Corporation (ACC), submitted expense reports to ACC in order to receive reimbursements for contributions. Mr. Christopher signed expense reports submitted by three ACC executives. In addition, James Maxim, a vice president of another Audiovox subsidiary, Quintex Mobile Communications Corporation (Quintex), used Quintexs petty cash account to reimburse himself and others for contributions made at Mr. Christophers request. Moreover, Quintexs President, Aris Constantinides, directed his Assistant Vice President, Gloria Pisano, to write eight contribution checks to federal candidates from Quintexs petty cash account and used these checks to attend a political fundraiser with Quintex vendors. Ms. Pisanos name appeared on the checks, along with the companys address. In addition to authorizing the use of corporate funds to reimburse contributors, Mr. Christopher used his personal funds to reimburse contributions made by Sophia Cotizia, the Executive Director of the International Coordinating Committee Justice for Cyprus, a

In the past, the Commission has considered all open investigations to fall within this good cause exception, based on the potential for deponents to share their testimony with third parties. The Commission has also been mindful that the Act requires that ongoing investigations be kept confidential. On June 11, 2003, the Commission held a public hearing on its enforcement practices. At the hearing several commenters suggested that the Commission allow deponents who are also respondents to obtain copies of a transcript immediately after the deposition. Commenters also cited other government agencies that conduct nonpublic investigations and have adopted a more narrow interpretation of the APAs good-cause exception. New Policy Beginning on August 22, 2003, deponents in enforcement matters may obtain, upon request, a copy of the transcript of their own deposition. The Commission determined that it can maintain the integrity of its investigations even if the current practice is altered, so long as access to transcripts may still be denied if it determines that good cause exists for doing so, and so long as thirdparty witnesses (or deponents who are also respondents in matters with multiple respondents) are granted access to their transcripts subject to the confidentiality requirements of the Act. Under the new policy, deponents may now make written requests for their transcripts at any time after the deposition concludes. The Office of General Counsel will review the request. Absent good cause to the contrary, it will notify the deponent and the court reporter in writing that the deponent may obtain a copy of the transcript, at his or her own cost,

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Regulations

Notice of Proposed Rulemaking on Party Committee Phone Banks
On August 28, 2003, the Commission approved a Notice of Proposed Rulemaking (NPRM) addressing phone banks conducted by national, state and local party committees on behalf of Presidential nominees. In Presidential election years, party committees conduct phone banks to get out the vote or otherwise promote the party and its candidates. The scripted message might ask an individual to vote for the named Presidential candidate and then make a general promotional reference to the partys other candidates. For example, the caller might say: Please tell your family and friends to come out and vote for President John Doe and our great Party team. The Commission sought comments on two alternative approaches to how the cost of such a phone bank should be attributed to a Presidential candidate. Proposed Rules The proposed rules would apply to phone bank communications that: Refer to no clearly identified candidate other than the Presidential or Vice-Presidential candidate; Refer generally to the other candidates of the Presidential nominees party without clearly identifying them; and Do not solicit contributions. The new rules would not apply, and no amount would be attributed to the Presidential candidate, if the phones were operated by volunteers and if the other conditions described in 11 CFR 100.89 and 100.149 were satisfied. Alternative A. Under one proposal, 50 percent of the disbursement for the phone bank must be attributed to the Presidential and

mailing list, or an exchange of mailing lists, results in a contribution to that committee; A candidates personal use of his or her authorized committees mailing list; and The sale or rental of a mailing list by the authorized committee of a publicly funded Presidential candidate. Rental, Exchange and Sale of Mailing Lists Under Commission regulations, when goods or services are provided to a political committee at less than the usual and normal charge, the difference between the usual and normal charge and the amount the committee pays is an in-kind contribution to the committee and subject to the limits, prohibitions and reporting requirements of the Federal Election Campaign Act (the Act). See 11 CFR 100.52(d)(1). The regulations also provide that the entire amount paid as the purchase price for a fundraising item sold by a political committee is a contribution. 11 CFR 100.53. The proposed rules would allow political committees to rent or sell their mailing lists to other persons, including other political committees. The resulting payments would not be considered contributions as long as certain conditions are met. Rental. The proposed regulations would require a political committee to ascertain the usual and normal charge for the rental of its mailing list before renting it. The NPRM requested comments on proposed rules to require that, for the purchaser to avoid making a contribution, a mailing list (or list portion) must be rented or sold at the previously ascertained usual and normal charge in a bona fide arms length transaction within commercially reasonable contractual terms, including terms that address the use of the list by the renter or purchaser.

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Notice of Proposed Rulemaking on Political Committees Mailing Lists
On August 28, 2003, the Commission approved a Notice of Proposed Rulemaking (NPRM) on proposed additions to its rules covering the sale, rental and exchange of political committee mailing lists. The proposed rules address: When the proceeds from a political committees rental or sale of its

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The Commission also asked whether the regulations should define the factors a committee should use to determine the usual and normal charge for renting or selling its mailing list. In addition, the NPRM sought comments on proposed factors describing commercially reasonable terms for renting a list, such as whether: The person leasing the list is permitted to use it only within a reasonable time period; Any delayed use permitted in the leasing agreement is based on reasonable business considerations; and The agreed upon use comports with the usual and normal practices of the list industry and the lessees established practices and procedures. The Commission requested comments on whether the presence of a bona fide arms length transaction should be required under the proposed rules, particularly if the mailing lists are rented out at the usual and normal charge and under commercially reasonable terms. Moreover, the Commission asked whether it should conclude that this requirement could not be satisfied if committees of the same candidate, or party committees of the same political party, rented mailing lists from each other, or if a candidates authorized committee rented a mailing list from an unauthorized committee such as that candidates leadership PAC. In addition, the Commission considered whether the new regulations should draw a distinction between a mailing list developed over time by the political committee for its own use and one developed to generate revenue. Sale. The proposed rules would establish conditionssimilar to those for the rental of a mailing

listunder which the proceeds from the sale of a political committees mailing list would not be a contribution by the purchaser to the committee. However, the Commission noted that, unlike the rental of a list, the outright sale of a mailing list by an ongoing political committee would be unusual. The NPRM asked whether the sale of a mailing list by a committee that is not in the process of terminating is so unusual that it would be per se commercially unreasonable. Proceeds from rental or sale. Under the proposed rules, a rental or sale transaction that did not comply with the conditions described above would be considered fundraising. Thus, the entire amount of the sale price or rental charge paid to the political committee (not just the difference between the usual and normal charge and any amount paid in excess of that charge) would be considered an in-kind contribution to the committee and would be subject to the limits and source prohibitions of the Act. See 11 CFR 100.53. The Commission sought comments on whether the proposed rules should instead set the amount of the contribution as the amount paid in excess of the usual and normal charge for the transaction. Reporting and recordkeeping. The proposed rules would require that proceeds from the rental or sale of a mailing list that are not considered contributions under these rules must be reported as other receipts. The rules would also require committees to maintain sale and rental agreements and documentation of the usual and normal charge for the list. The Commission sought comments on how to ascertain and document the fair market value of lists that are not listed in the SRDS Direct Marketing Lists Source. Allocation of Rental Proceeds. Finally, the Commission asked whether, in a case where a list is developed with federal and nonfederal funds, the full proceeds
from the sale or rental of that list may be deposited in the committees federal account. Exchange. The Commission has previously determined that when a political committee that is exchanging mailing lists, or list portions, with another entity makes an exchange of equal value, a contribution is not made to the political committee. See AOs 2003-16, 200214, 1982-41 and 1981-46. Under the proposed rules, an exchange would not be considered a contribution or a reportable receipt if it is an exchange of equal value and the exchange is a bona fide arms length transaction with commercially reasonable terms. Equal value would be defined as the usual and normal rental value of each list, as well as the agreed upon use by the organization and other services provided.

would be determined for the NOCO and NOQCE statements: For primary candidates, the list would be valued at either the usual and normal rental revenue that the committee would receive if it rented out the list over an 18 month period beginning on the date of ineligibility or the usual and normal sale price at this date; and For general candidates, the list would be valued at either the usual and normal rental revenue that the committee would receive over a 12 month period beginning on the date of the general election or the usual and normal sale price on that date Additional Information The NPRM was published in the September 4, 2003, Federal Register (68 FR 52531), and is available on the Commissions web site at http://www.fec.gov/register.htm. The Comment period for this NPRM closed on September 25, 2003. The Commission plans to hold a public hearing on these proposed rules on October 1 if sufficient requests to testify are filed with the Commission. Amy Kort
make a one-time reimbursement to its federal accounts for federal funds expended for employee-specific fringe benefits compensating work performed since January 1, 2003. MDSCC has treated fringe benefits as allocable administrative expenses since this date and paid a portion of the expenses from its federal accounts. However, during this period no employee has spent more than 25 percent of his or her compensated time on activities in connection with a federal election, and thus no employees salary, wages or benefits were required to be paid from federal funds. See 11 CFR 300.33(c)(2). Background Under the Bipartisan Campaign Reform Act of 2002 (BCRA), state, district and local party committees must use only federal funds to pay the salaries and wages of an employee who spends more than 25 percent of his or her compensated time in a given month on federal election activity (FEA) or activities in connection with a federal election. Salaries and wages for employees who spend 25 percent or less of their compensated time on such activities must be paid with funds that comply with state law. 2 U.S.C. 431(20)(A)(iv); 11 CFR 106.7(c)(1) and (d)(1) and 300.33(c)(2). MDSCC has treated employeespecific fringe benefits consisting of retirement benefits, health insurance, disability insurance, life insurance and standard payroll taxes as administrative expenses, and allocated these expenses according to its fixed allocation ratio. 11 CFR 106.7(c)(2). Since January 1, 2003, no employee has spent more than 25 percent of his or her compensated time on activities in connection with a federal election. Thus, to compensate employees for work performed

Advisory Opinions

AO 2003-11 State Party Committees Payment of Employee Benefits
The Michigan Democratic State Central Committee (MDSCC) may treat its employee-specific fringe benefits in the same manner as it treats salaries and wages for the purposes of determining whether the expense should be paid from federal or nonfederal funds. Additionally, MDSCCs nonfederal accounts may

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during this time, MDSCC has paid all expenses that strictly constitute salaries and wages from its nonfederal account, but has paid employees fringe benefits from a mix of federal and nonfederal funds. Analysis Treatment of fringe benefits. Funds spent by state party committees for the employee-specific fringe benefits described above fall into the category of compensated time. The fringe benefits provided by MDSCClike salaries and wages are easily attributed to the employee who benefits from them, and there is no evident reason to distinguish between monetary compensation paid directly to the employee and employee-specific compensation provided in another form. Moreover, prior to the enactment of the BCRA, Commission regulations and advisory opinions did not treat salary and wages differently than the costs of employee-specific fringe benefits for allocation purposes. See 11 CFR 106.5(a)(2)(i) and AOs 2001-14 and 1992-2. Thus, when an MDSCC employee spends 25 percent or less of his or her compensated time during a month on FEA or activities in connection with a federal election, these fringe
Need FEC Material in a Hurry?
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benefits may be paid entirely from the nonfederal account. In the alternative, if the funds deposited in MDSCCs federal account on or after January 1, 2003, and in the future, are permissible under Michigan law, these fringe benefits may be paid in whole or in part from the federal account. See 11 CFR 106.7(c)(1) and (d)(1). Reimbursement from nonfederal account. Under Commission regulations, a state party committee may transfer funds from its nonfederal account to its federal account only to cover the nonfederal portion of a payment for an allocable expense. The transfer must be made no more than 10 days before and no more than 60 days after the payments for which they are designated are made by the committee. 11 CFR 106.7(f)(2)(i). Transfers from the nonfederal account to the federal account made outside this window are presumed to be loans from the nonfederal to the federal account, in violation of the Federal Election Campaign Act. 11 CFR 106.7(f)(2)(ii). In the past, however, following major changes in the allocation regulations, the Commission has allowed retroactive adjustment or allocation reimbursements that would otherwise fall outside of the permissible transfer window. In these cases, the Commission recognized that a brief period of adjustment should be granted on a case-by-case basis to committees acting in good faith. Similarly, in this case MDSCCs request comes in response to significant changes to the allocation rules implemented when the BCRA took effect on November 6, 2002. Thus, MDSCC may make a one-time transfer of nonfederal funds to its federal account to cover the portion of fringe benefits paid by that account for employees compensated time worked since January 1, 2003, even though much of the transfer relates to fringe benefit payments made more than 60 days ago. This one-

U.S. House of Representatives adopted a House Rule that permits Members to accept donations for their legal expense funds subject to certain restrictions. H.R. Res. 5, 108th Cong. (2003). Therefore, in this case donations to and disbursements by the Fund for the sole purpose of defending against this lawsuit are not subject to the limits and prohibitions of the Act. 2 U.S.C. 441a and 441b. Nor are they subject to the Acts reporting requirements, so long as they are not deposited in Representative Majettes campaign accounts. 2 U.S.C. 434.1 Date issued: August 14, 2003; Length: 5 pages. Kathy Carothers
AO 2003-16 Affinity Credit Card Program Between National Bank and National Party Committee
Providian National Bank (Providian) may offer an affinity credit card program (the Affinity Program) that gives credit card holders the option of making political contributions to a national party committee using rewards and rebates that cardholders have earned through the use of their credit cards. The proposed program will not result in any prohibited contributions under the Federal Election Campaign Act (the Act). Therefore, Providian may enter into an agreement with any national party to implement the Affinity Program. Background Standard benefits provided by a bank to an affinity sponsor include background information on cardholders and co-branding
The Commission determined that Representative Majettes methods for soliciting and depositing the funds were sufficient because they were similar to those approved in AO 1996-39.
opportunities. Under Providians plan, any national party that serves as a sponsor will be given the opportunity to receive contributions from affinity cardholders. The arrangement will be commercially reasonable and arrived at through an arms length negotiation between Providian and the national party committee. Unlike previous proposed credit card arrangements that were not approved by the Commission, Providians Affinity Program includes a rebate credit card and bonus feature. Cardholders may choose to forward rebates and bonuses they accumulate by the using their card through Providian to the national party committee. Three types of affinity credit cards will be test marketed: a basic card, a rebate card and a value added card. For the basic card, the cardholder will not receive any rebate or value added benefit. The rebate card, however, will enable cardholders to acquire rebates by charging purchases or accruing finance charges on their accounts. Rebates will be forwarded to the national party committee if the cardholder elects to make a voluntary contribution and sent to the account holder if he or she does not. The national party committee sponsoring the Affinity Program will pay all expenses related to transmitting or forwarding the check, making automated transactions or using other commercially reasonable means of forwarding the contribution to the party committee. Finally, the affinity card or value added card will offer cardholders incentives for frequent use of their credit cards. Incentives may be redeemed for air flights, travel, hotel stays, merchandise and entertainment. Although the national party committee will not be involved with this part of the incentive program, cardholders will be offered the opportunity to earn additional points if they contribute a certain

provided by the national party committee and Providian will be equal exchanges of bargained-for consideration in a commercial transaction, and the contributions resulting from rebates and rewards will be made by the individual cardholders and not Providian. Types of credit cards. Affinity basic credit cards will not involve a contribution from Providian to the national party committee as long as the exchange of the use of the committees mailing list and trademark for Providians services rendered to the committee are of equal value. Affinity rebate cards will also not result in a contribution from Providian because rebates that have vested are the property of the cardholder. When an individual elects to make contributions to the national party using such rebates, they will be treated as contributions from personal funds. The proposed bonus feature is permissible for similar reasons. Finally, affinity value added credit cards are permissible because the national party committee will pay the fair market value of rewards offered to value added cardholders, where they have made contributions to the committee through their credit card. Therefore, Providian will not provide an impermissible incentive to its cardholders for their contributions.4 Furthermore, contributions arising out of the use of the affinity value added credit cards will be made directly by the cardholders. Advertising. Solicitations through advertising do not result in prohibited contributions from Providian to the national party committee so long as the committee pays the same rate and advertises under the same terms and conditions as non-affinity
See AOs 1995-34, 1991-26, 1991-20, 1990-14 and 1990-1.
Advisory Opinion 1986-41 examines incentives that were offered to employees in the form of bonuses that were found impermissible by the Commission under the Act.
sponsors who purchase similar ad space. Providian should not incur any additional processing expenses involved with the production or dissemination of materials from the committee sponsoring the Affinity Program. Contributor Information. A political committee is required to disclose certain contributor information, such as the contributors name, address, occupation and employer. 2 U.S.C. 431(13) and 434(b)(3)(A). The Commission suggests that Providian obtain this information and forward it to the national party committee at the time that the contribution is authorized from the affinity credit cardholder. Other provisions of the Act. Providians proposed activities do not constitute improper facilitation of the making of contributions to the national party committee under 11 CFR 114.2(f), provided that these activities are in Providians ordinary course of business as a commercial vendor and it charges the national party committee the usual and normal rate for its services.5 All contributions made through the Affinity Program must comply with the limits and prohibitions of the Act. Individual cardholders may make contributions as long as they do not exceed the $25,000 annual limit or the $57,500 biennial limit, and they are not foreign nationals, minors or government contractors under 2 U.S.C. 441e, 441k and 441c. Date issued: August 14, 2003; Length: 9 pages. Michelle Ryan

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AO 2003-19 National Party Committees Sale of Office Equipment
The Democratic Congressional Campaign Committee (DCCC) may sell its used office equipment and furniture to corporations, labor

See 11 CFR 114.2(f)(1).

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Representative Reyes. Scholarship recipients will not be expected to engage in election activity as part of, or in exchange for, the scholarship program. Solicitations for the scholarship will be made via direct mail using stationery bearing Representative Reyess signature. Public promotion for the scholarship will not include any television, radio or satellite advertising. Analysis The Bipartisan Campaign Reform Act (BCRA) prohibits any federal candidate or officeholder from raising or spending any funds in connection with a federal or nonfederal election, unless those funds are within the limits and prohibitions of the Act. 11 CFR 300.61 and 300.62. The prohibition is not intended to prevent federal officeholders or candidates from soliciting for charitable organizations and organizations that do not engage in any election activity. Because HCFs funds are used entirely for scholarships and scholarship recipients do not engage in election activity as part of, or in exchange for, the scholarship, the funds are not considered to be used in connection with a federal or nonfederal election. Therefore, the funds raised for HCF by Representative Reyes would not be subject to the limits and prohibitions of the Act. Furthermore, Representative Reyes may sign solicitation letters on HCF stationery, and the money he raises for HCF is not subject to the reporting requirements of the Act. Date Issued: August 29, 2003; Length: 4 pages. Gary Mullen
AO 2003-22 Contributions Collected and Forwarded to Trade Association SSF by Executives of Member Corporations
Executives of member corporations may collect and forward contribution checks to the SSF of the American Bankers Association (ABA), a trade association for the banking industry, so long as a payroll deduction or check-off system is not used. The member corporations must first give ABA permission to solicit their restricted class. Background The Federal Election Campaign Act (the Act) prohibits corporations from making any contribution or expenditure in connection with a federal election. 2 U.S.C. 441b(a). A trade association may, however, solicit contributions to its SSF from the restricted class of member corporations that have given the trade association specific permission to do so. A corporation may only give such permission to one trade association in a calendar year. 2 U.S.C. 441b(b)(4)(D). All contributions must be strictly voluntary and without coercion. 2 U.S.C. 441b(b)(3). In general, corporations, their officers, directors and other agents are prohibited from facilitating the making of contributions to candidates or political committees other than the corporations own SSF. 11 CFR 114.2(f)(1). Thus, corporations cannot use their facilities to fundraise for other political committees, including collecting and forwarding contributions by providing a payroll deduction or check-off system or providing envelopes and stamps to transmit or deliver contributions. 11 CFR 114.1(f), 114.2(f)(1) and 114.2(f)(2)(ii). However, under Commission regulations, a trade association may use any method to solicit voluntary

contributions or facilitate the making of voluntary contributions to its SSF, except that a member corporation may not use a payroll deduction or check-off system for executive and administrative personnel contributing to the associations SSF. 11 CFR 114.8(e)(3).1 Analysis The Commission regulations described above appear to contemplate that executives of member corporations may collect and forward contribution checks for the trade association SSF by means other than a payroll deduction or check-off system. Thus, executives of ABA member corporations may collect and forward contributions to ABAs SSF by using the corporations inter-office mail system, by hand collection, by providing envelopes and postage for contributors to send their checks to ABAs SSF or by other similar means, where those corporations and the associations SSF have complied with 11 CFR 114.5(a) and 114.8(b), (c) and (d). Date Issued: August 28, 2003; Length: 3 pages. Amy Kort
Advisory Opinion Requests
AOR 2003-23 Permissibility of earmarking contributions to partys presumptive nominee for President and forwarding contributions to nominee once he or she is identified (WE LEAD Women Engaged in Leadership, Education, and Action in Democracy, August 7, 2003)
Similarly, under 11 CFR 114.8(d)(1) a member corporation must approve any solicitation for a trade association, whether the solicitation is conducted by the trade association, its SSF or the corporation or any of its personnel.
AOR 2003-24 Nonpolitical, nonprofit advocacy organizations use of contributor information from FEC reports to create mailing list for organizations use (National Center for Tobacco Free Kids, August 14, 2003)

Cannon v. FEC

On August 18, 2003, the U.S. District Court for the District of South Carolina, Columbia Division, granted the Commissions motion for summary judgment in this case. The plaintiff had appealed a $5,500 civil money penalty the Commission imposed on the Joe Grimaud for Congress Committee and its treasurer Peter J. Cannon for failure to file the Committees 2001 Year-End Report. Although the Committee filed the report on paper, they were required to file electronically. 11 CFR 104.18(a)(1)-(2). Mr. Cannon alleged that the Committees computer system was infected with a virus, destroying their records and preventing them from filing electronically. The district court adopted and incorporated the Report and Recommendation of a U.S. Magistrate Judge after Mr. Cannon failed to file an objection to the report with the district court. In the Report and Recommendation, the Magistrate Judge determined that Mr. Cannon waived all arguments by failing to file objections with the Commission during the Commissions administrative process. The Magistrate further concluded that the Commission imposed the proper penalty called for in its regulations, and Mr. Cannons claim that he was unable to file electronically because of a computer virus was not an extraordinary circumstance under 11 CFR 111.35(b). U.S. District Court for the District of South Carolina, Columbia Division, 3:02-4073-24BC. Amy Kort

Alternative Dispute Resolution

ADR Program Update

The Commission recently resolved six additional cases under the Alternative Dispute Resolution (ADR) program. The respondents, the alleged violations of the Federal Election Campaign Act (the Act) and the penalties assessed are listed below. 1. The Commission reached agreement with Gerald C. Jerry Weller for Congress and its treasurer Roger Forcash concerning corporate contributions and excessive contributions. In their negotiated settlement, the respondents acknowledge that violations of the Act occurred and agreed to pay a $2,500 civil penalty. The respondents contend that they refunded questionable contributions and provided additional information to reflect that several of the contributions questioned in the Commissions audit were not prohibited. The respondents also contend that they retained, on an ongoing basis, a professional firm to ensure the committees compliance with the Acts financial and record maintenance requirements, including periodic review of those financial systems. The respondents agreed to appoint an FEC compliance officer. (ADR 101/AR 02-12) 2. The Commission closed the matter concerning Staton for Congress, its treasurer Ronald Payne and Cecil P. Staton, Jr., concerning an alleged violation of the Acts disclaimer rules. The ADR Office recommended the case be closed and the Commission agreed to close the file. (ADR 128/MUR 5265) 3. The Commission closed the matter concerning the American Indian Sovereignty Self Determination and Economic PAC of the
National Indian Gaming Association and its treasurer John Harte, Pequot PAC and its treasurer Daniel Little, Holland and Knight Committee for Effective Government and its treasurer Richard M. Gold, Friends of Jim Oberstar and its treasurer Joseph Moran, Lockridge Grindal Nauen Political Fund, Mah Mah Wi No Min II and its treasurer James W. Genia, TunicaBiloxi Indian PAC and its treasurer Douglas Burke and Melanie Benjamin. The matter concerned allegations of excessive contributions and failure to disclose affiliated committees. The ADR Office recommended the case be closed and the Commission agreed to close the file. (ADR 131/ MUR 5327) 4. The Commission closed the matter concerning Mark Kennedy 02 and its treasurer James Loizeaux concerning the alleged failure to file 48-hour reports. After a review of the respondents amended report, the ADR Office concluded that the alleged violation of the Act was unsubstantiated. The Commission concurred by dismissing the matter. (ADR 119/MUR 5325) 5. The Commission reached agreement with Ally and Yvonne Visram concerning corporate contributions and contributions in the names of others. In order to conclude this sua sponte matter and avoid similar violations in the future, the respondents agree to educate themselves on the provisions of the Actparticularly the prohibitions on corporate contributions to influence federal electionsand to promulgate a corporate policy affirming this prohibition. The respondents agreed to pay a $450 civil penalty. (ADR 122/Pre-MUR 410) 6. The Commission reached agreement with Pappas Telecasting Companies, Inc., regarding corporate contributions and excessive contributions. The respondents sua sponte submission noted steps it took to refund the contribution in

The first number in each citation refers to the number (month) of the 2003 Record issue in which the article appeared. The second number, following the colon, indicates the page number in that issue. For example, 1:4 means that the article is in the January issue on page 4. Advisory Opinions 2002-12: Disaffiliation of corporations and their PACs, 2:8 2002-14: National party committees lease of mailing list and sale of ad space and trademark license, 3:5 2002-15: Affiliation of trade associations, 4:8 2003-1: Nonconnected committees allocation of administrative expenses, 4:9 2003-2: Socialist Workers Party disclosure exemption, 5:1 2003-3: Solicitation of funds for nonfederal candidates by federal candidates and officeholders, 6:1
1 The Commission has issued new reporting forms and software that allow for reporting under the Bipartisan Campaign Reform Act. All reports must be filed using the new forms or filing software, as appropriate. Reports filed electronically must be submitted by midnight on the filing date. A committee required to file electronically that instead files on paper reporting forms will be considered a nonfiler. Reports filed on paper and sent by registered or certified mail must be postmarked by the mailing date; reports sent by any other means (including reports sent via first class mail and overnight delivery) must be received by the Commissions close of business on the filing date. 2
Note that this filing date falls on a weekend. Filing dates are not extended for weekends or federal holidays.
2003-4: Corporations matching charitable contribution plan, 6:3 2003-5: Federal candidates or officeholders participation in membership organization fundraising events, 8:1 2003-6: Transfer of payroll deduction authority, 7:4 2003-7: State leadership PACs refund of nonfederal funds, 7:5 2003-10: Solicitation of nonfederal funds by relative of federal candidate, 8:6 2003-11: State party committees payment of employee benefits, 10:7 2003-12: Federal candidate/ officeholders support of ballot initiative, 9:7 2003-13: Qualification of Members-in-Training as members of membership organization, 8:7 2003-14: Distribution of apron pins bearing PAC name, 8:8 2003-15: Donations to legal expense trust fund, 10:8 2003-16: Affinity credit card program between national bank and national party committee, 10:16 2003-17: Use of campaign funds to pay for criminal defense, 9:10 2003-18: Impermissibility of transfer of general election funds to charitable organization, 9:10 2003-19: National party committees sale of office equipment, 10:11 2003-20: Officeholder solicitation for scholarship fund, 10:11 2003-22: Contributions collected and forwarded to trade association SSF by executives of member corporations, 10:12 Compliance ADR program cases, 2:11; 3:3; 5:10; 7:10; 8:11; 9:13; 10:15 Deposition transcripts in nonpublic investigations, policy statement, 10:3 Letter notification procedures, 3:2 Administrative Fine program cases, 1:25; 2:13; 3:4; 5:7; 7:6; 8:11; 9:12

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Millionaires Amendment, interim final rules, 2:2 Multicandidate committees and biennial contribution limits, Notice of Proposed Rulemaking, 9:3 Party committee phone banks, Notice of Proposed Rulemaking, 10:4 Political committee mailing lists, Notice of Proposed Rulemaking, 10:5 Public Presidential funding and conventions, NPRM, 5:1; postponement of hearing date, 6:9; public hearing, 7:8; final rules, 9:1 Reports April reporting reminder, 4:1 Draft forms and e-filing formats available for public comment, 1:2
Filing form 3Z-1, 7:2 July reporting reminder, 7:1 New forms available, 3:1 October reporting reminder, 10:1 Puerto Rico primary election reporting, 10:18 Reports due in 2003, 1:3 Statements of Candidacy/Organization for authorized committees, 3:2 Texas special election reporting, 4:4
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