Federal Election Commission Main Page
November 20, 1980
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ADVISORY OPINION 1980-131
Larry D. Sharp
Bergson, Borkland, Margolis & Adler
11 Dupont Circle, N.W.
Washington, D.C. 20036
Dear Mr. Sharp:
This is in response to your letter of November 3, 1980,
requesting an advisory opinion on behalf of John B. Anderson,
the National Unity Campaign for John Anderson, and the National
Unity Campaign 441a(d) Committee concerning the status of
the latter entities under the Federal Election Campaign Act of
1971, as amended ("the Act") and Commission regulations.
According to your request, John Anderson was a candidate
for the presidency in the 1980 general election. John Anderson's
principal campaign committee is the National Unity Campaign for
John Anderson ("National Unity Campaign") which has offices
throughout the country. You explain that John Anderson elected
to run "on a national unity platform designed to attract support
from members of various political parties and from many schools
of American political thought." This platform, which reflects
views by a wide variety of people, was broadly disseminated
and the National Unity Campaign has provided speakers throughout
the country to publicize what it considered issues of importance
to the Anderson campaign and the country.
You state that the National Unity Campaign 441a(d) Committee
("the Committee") is a registered political committee organized
to support the presidential candidacy of John Anderson. The
Committee has not been expressly authorized by John Anderson
to use his name or to raise or spend funds on his behalf. The
Committee is not responsible for the day-to-day operation of the
National Unity Campaign and is not referred to in any of the
National Unity Campaign's bylaws. The Committee supports no
other candidates and has no present intention to support other
candidates. You further explain that both the National Unity
Campaign and the Committee thus far have devoted their efforts
solely to the campaign of John Anderson for President and
Patrick Lucey for Vice-President. Neither has nominated candidates
for other Federal offices and neither has supported voter
registration and get-out-the-vote drives, provided speakers,
organized volunteer workers, or publicized issues of importance,
except in connection with the election of John Anderson and
Patrick Lucey to President and Vice President in 1980.
You state that at the present time John Anderson, the National
unity Campaign, and the Committee have made no decision to
terminate their activities at any specific time in the future.
Mr. Anderson's presidential campaign may, however, require private
contributions in the post-election period to retire debts and
"to complete activities undertaken in connection with the campaign."
If a decision is eventually made to continue the National
Unity Campaign effort beyond the election of 1980, you say that
funds would be required to support the "continuing program."
Your request does not describe, either generally or specifically,
the nature of this hypothetical future "program."
The National Unity Campaign intends to continue fundraising.
The Committee wishes and intends to solicit and receive individual
contributions of up to $20,000 pursuant to 2 U.S.C. SS 441a(a)(1)(B),
and to expend such contributions up to a maximum of $4.7 million
in coordination with the National Unity Campaign. These expenditures,
you say, would be made in connection with the 1980
presidential election pursuant to 2 U.S.C. SS 441a(d).
You explain that the National Unity Campaign has committed itself
to coordinate the expenditure of "441a(d)" funds only with
the Committee. Contributors to the Committee will have no
voice in and will not be informed of the manner in which their
contributions are spent.
Given this factual background you ask the following questions:
(1) Does either the National Unity Campaign for John
Anderson or the National Unity Campaign 441a(d)
Committee qualify under 2 U.S.C. SS 441a(a)(1)(B)
for the contribution limitations applicable to
". . . the political committees established and
maintained by a national political party, which
are not the authorized political committees of
any candidate?"
(2) Does either the National Unity Campaign for John
Anderson or the National Unity Campaign 441a(d)
Committee qualify under 2 U.S.C. SS 441a(d) for
the expenditure limitations applicable to
the National Committee of a political party?"
The Commission concludes that on the basis of the facts presented
in the request neither the National Unity Campaign for
John Anderson or the National Unity Campaign 441a(d) Committee
qualifies for the contribution limitation set out in 2 U.S.C.
SS 441a(a)(1)(B); nor does either qualify to make expenditures
under 2 U.S.C. SS 441a(d) as a national committee of a political
party.
2 U.S.C. SS 441a(a)(1)(B) provides that "no person shall make
contributions to the political committees established and maintained
by a national political party, which are not the authorized political
committees of any candidate, in any calendar year, which in the
aggregate, exceed $20,000." Section 110.1(b)(2) of the Commission's
regulations which explains SS 441a(a)(1) states that "for purposes
of this section," political committees established and maintained
by a national political party "means (i) the national committee;
(ii) the House campaign committee; and (iii) the Senate campaign
committee. Each may receive up to the $20,000 limitation from a
contributor." Hence, to qualify for the SS 441a(a)(1)(3) ceiling a
committee must be either the national committee or the House or
Senate campaign committee of a political party.
It is obvious from the request which states that these committees
have devoted their efforts solely to the campaign of John
Anderson for President that neither the National Unity Campaign
nor the Committee is either a House or Senate campaign committee.
Thus the issue is whether either the National Unity Campaign
or the Committee is a national committee.
The Act and Commission regulations define "national committee"
as "the organization which, by virtue of the bylaws of a political
party, is responsible for the day-to-day operation of such political
party at the national level, as determined by the Commission,"
2 U.S.C. SS 431(14) and 11 CFR 100.13. In a number of previous
advisory opinions the Commission has, by application, explained
the definitional criteria used to determine whether or not
an organization qualifies as a "national committee." Those
opinions required that beyond the mere creation of a political
party by adoption of bylaws, an organization must demonstrate
that it operates at the national level by nominating candidates
for various Federal offices in numerous states; by engaging in
such activities on an ongoing basis, rather than with respect
to a particular election, as supporting voter registration
and get-out-the-vote drives, providing speakers, organizing
volunteer workers; and by publicizing issues of importance
to the party and its adherents throughout the United States.
other indicia include holding a national convention and the
establishment of State affiliates of the national political
party. See Advisory Opinions 1980-96, 1980-3, 1978-58, 1976-95,
1975-129. Copies enclosed.
The facts which you present indicate that, at least at
this time, neither the National Unity Campaign nor the Committee
has demonstrated that its activity on a national level is
such that it may be regarded as a national committee under the
Act. Rather, according to your requests, both the National Unity
Campaign and the Committee have only supported John Anderson's
campaign for President and that of his vice presidential running
mate, Patrick Lucey. Your request clearly states that all efforts
of any type were solely in connection with the presidential
campaign of John Anderson. As such both committees are regarded
as single candidate committees. 11 CFR 100.5(e)(1) and (2),
also see Advisory-opinion 1978-58. Regarding the Committee,
you have stated that it is not responsible for daily activity
of the National Unity Campaign, nor is it referred to in any
of the National Unity Campaign's by-laws. Rather, the request
indicates that these two committees have merely agreed at
this time to coordinate efforts on behalf of the 1980 Presidential
campaign of John Anderson. Lastly, the request by its
silence with respect to Committee activities other than those
related to the 1980 Presidential campaign, precludes the
Commission from reaching a different conclusion.
Since neither the National Unity Campaign nor the Committee
qualifies as a "national committee" and is not either
a House or Senate campaign committee of a political party,
2 U.S.C. SS 441a(a)(1)(B) is not applicable to either committee.
Since it has been determined that neither is a "national
committee," your second question is answered in the negative.
Neither the National Unity Campaign for John Anderson nor the
National Unity Campaign 441a(d) Committee qualify for the expenditure
limitations applicable to the national committee of a
political party as set forth in 2 U.S.C. SS 441a(d). */
*/ 2 U.S.C. SS 441a(d)(2) states in part:
The national committee of a political party may not
make any expenditure in connection with the general election
campaign of any candidate for President of the United
States who is affiliated with such party which exceeds an
amount equal to 2 cents multiplied by the voting age population
of the United States (as certified under subsection
(e) of this section). Emphasis added.
In light of this conclusion, the Commission considers it
unnecessary to express an opinion as to whether or not either the
National Unity Campaign for John Anderson or the National Unity
Campaign 441a(d) Committee is a political party for purposes of
the Act. See Advisory Opinion 1980-96.
This response constitutes an advisory opinion concerning
application of the Act, or regulations prescribed by the Commission,
to the specific transaction or activity described
in your request. See 2 U.S.C. SS 437f.