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1 Rec. 1 (1975)

handle is hein.usfed/fecrecd0001 and id is 1 raw text is: THE FEDERAL ELECTION COMMISSION 1325 ~ ~ ' K StetN .Wsigtn .. 06 Volume 1, No. 1 September 1975 FIRST ADVISORY OPINIONS ISSUED -- REQUESTS FOUR IN The Federal Election Commission is moving at a rapid pace now to eliminate a backlog of nearly 100 questions put to the Commission in the form of Advisory Opinion Requests. In the period from early July through August, 1975, the Commission has handed down 14 Advisory Opinions from a wide variety of applicants, dealing with questions from contribu- tions by unions and corporations to Congressional office accounts to the maximum expenditure limitation allowed a primary candidate. The Commission administers, interprets, and en- forces Federal election campaign financing laws, and is responsible for upholding the reporting and financial disclosure requirements of all persons seeking Federal office, as well as individuals and groups supporting them. FEC'S CONSTITUTIONALITY UPHELD, CASE HEADS FOR SUPREME COURT The United States Court of Appeals has upheld the basic provisions of the new Federal Election Law and has ruled that Congress has the power to limit cam- paign contributions and expenditures and to provide for public financing of Presidential campaigns. Created to administer and enforce the 1974 Amend- ments to the Federal Election Campaign Act of 1971, the Commission is a legislative agency and, as such, has the power-reinforced by the Court decision-to render opinions to certain persons as to whether planned activities or transactions will violate certain Federal statutes governing the electoral process. The suit-filed by Sen. James L. Buckley, former Senator Eugene McCarthy and others-challenged the law as being unconstitutional because it limited the amount individuals could contribute to campaigns and the amount candidates could spend in their effort to be elected. Upholding the Commission's constitutionality, the judicial panel in its summary stated, The Court finds that the power of Congress to regulate Federal elections embraces the power to adopt per Candidate an overall limitation on the amount that an individual or political committee may contribute in the context of Federal elections and primaries. (Continued, P. 3) The law provides that upon request of (1) any individual holding Federal office, (2) any candidate for Federal office, or (3) any political committee, the Com- mission shall render an Advisory Opinion as to whether any specific transaction or activity by that individual or committee would constitute a violation of the Federal Election Campaign Act, as amended, and certain provi- sions of Title 18; United States Code. (See Insert.) The Commission is guided in its duties by six Commissioners and two ex-officio, non-voting mem- bers. The Commissioners are Chairman Thomas B. Curtis, Vice-Chairman Neil Staebler, Joan D. Aikens, Thomas E. Harris, Vernon W. Thomson and Robert 0. Tiernan. The ex-officio members are Francis R. Valeo, Secretary of the Senate, and W. Pat Jennings, Clerk of the House of Representatives. The Commission generally meets twice a week, but may be called into session at other times at the request of any member. The Commission meets in open session except when discussing personnel or investigatory matters. The Commissioners have set for the Commission a primary goal of full voluntary compliance with the Fed- eral election campaign financing laws. In pursuit of this goal, the Commission hopes to encourage greater understanding and participation in the electoral process. Any person may direct an inquiry to the Commis- sion. Those having general questions concerning the Federal Election Commission, or the Federal election campaign financing laws should contact the Office of Public Communication either at (202) 382-4733 or at The Federal Election Commission, 1325 K Street, N.W., Washington, D.C. 20463. Highlights of the Advisory Opinions issued to date follow. These brief synopses of AOs will be a regular feature of The FEC Record. AO 1975-1 - NATIONAL PARTY CONVENTIONS The Democratic and Republican National Commit- tees both asked the Commission: Would goods and in-kind services which are offered to national parties by cities and private corporations constitute illegal contri- butions; if not, would such services be credited against expenditure limits allowed to a party with respect to a Presidential nominating convention? (Continued, P. 2)

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