Federal Election Commission Main Page
September 25, 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ADVISORY OPINION 1992-31
Kathy A. Magraw, Treasurer
LaRouche for Economic Recovery
P.O. Box 266
Leesburg, VA 22075
Dear Ms. Magraw:
This responds to your letter of July 31, 1992,
requesting an advisory opinion regarding the application of
the Federal Election Campaign Act of 1971, as amended ("the
Act"), to the filing obligations of James Bevel, as a Vice
Presidential candidate.
You state that Mr. Bevel is the Vice Presidential
running mate of Lyndon LaRouche, who is running as an
independent candidate for President of the United States.
The principal campaign committee designated by Mr. LaRouche
is LaRouche for President- Independents for Economic Recovery
("the Campaign"). You emphasize that neither candidate will
be the nominee of any party, major or minor.
Both candidates constitute a "unified ticket, neither of
whom is running independently of the other." Both are
seeking "conjoint ballot status in various states." The two
candidates intend to issue joint literature and in other
respects, you state, to campaign for each other as part of a
joint ticket. They will appear as a two candidate ticket on
the state ballots where the campaign attains ballot access.
You further explain that Mr. LaRouche has filed a
Statement of Candidacy and his designated principal campaign
committee has filed a Statement of Organization. However,
Mr. Bevel has not filed a Statement of Candidacy, nor formed
a principal campaign committee. You assert that he is not
yet obligated to file because he has not met the threshold
that applies to candidates under 11 CFR 100.3. You pose
three questions regarding his future filing obligations:
1. Must Mr. Bevel file a Statement of Candidacy?
2. Must he designate a principal campaign committee?
3. If he must designate a principal campaign committee,
may it be the same committee designated by
Mr. LaRouche?
Your questions implicate those provisions of the
Act and Commission regulations that address the filing and
reporting obligations of a candidate for the office of Vice
President and pose issues regarding a joint campaign effort
with a Presidential candidate. In general, the Act and
Commission regulations envision that the joint campaign of
two candidates for President and Vice President should be
treated as a single campaign for certain reporting and
related purposes.1/ However, the Act prescribes an important
qualification in that both candidates shall be the nominees
of a political party. See 2 U.S.C. §§432(e)(1) and
434(a)(10) and 11 CFR 103.4.
For example, section 432(e)(1) states that a candidate
for Federal office (other than the nominee for the office of
Vice President) shall designate in writing a political
committee to serve as the principal campaign committee of
such candidate. 2 U.S.C. §432(e)(1), 11 CFR 101.1(a). This
provision clearly exempts the Vice Presidential candidate
from the requirement to designate a principal campaign
committee provided he or she is the nominee of a political
party. This implies that such a candidate not nominated by
party would not be exempt from the filing requirement. The
point is made explicit in the House report discussing section
432(e)(1). It explains "[a]n individual who has been
nominated for the Office of Vice President by a political
party does not have to designate a principal campaign
committee." H.R. No 96-422, 96 Cong., 1st
Sess. at 12 (1979).2/ Similarly, section 434(a)(10) requires
that the treasurer of a committee supporting a candidate for
the office of Vice President (other than the nominee of a
political party) shall file reports in the same manner as a
candidate for the office of President.
2 U.S.C. §434(a)(10).
Applying these provisions to the first and second
questions, the Commission concludes that once Mr. Bevel
becomes a candidate, he is required both to designate a
principal campaign committee and to file a Statement of
Candidacy. The Commission notes that Mr. Bevel does not
expect to be the nominee of a political party; therefore, he
cannot rely on the exception found in section 432(e)(1). The
Act and Commission regulations do not provide for an
exception that would nullify the obligation of Vice
Presidential candidates to file Statements of Candidacy.
Further, the provision excepting a Vice Presidential
candidate from the duty to file reports is expressly limited
to Vice Presidential candidates who are the nominees of
political parties. Therefore, when Mr. Bevel becomes a
candidate under the Act, his requirements will be the same as
any other Federal candidate. He will be required to file a
Statement of Candidacy and to designate a principal campaign
committee that must file reports with the Commission.
Regarding Mr. Bevel's choice of a principal campaign
committee, the Act provides that no political committee which
supports, or has supported, more than one candidate may be
designated as an authorized committee or a principal campaign
committee. An exception, not applicable here, does allow a
candidate for the office of President nominated by a
political party to designate the national committee of such
political party as his principal campaign committee. See
2 U.S.C §432(e)(3)3/ Again, neither the Act or Commission
regulations provide an exception in section 432(e)(3) for the
Vice Presidential candidate who is not the nominee of a
political party but nonetheless linked to a Presidential
candidate. Therefore, in response to your third question,
the same committee designated by Mr. LaRouche may not be
designated by Mr. Bevel as his principal campaign committee
or as an authorized committee.
The fact that Mr. Bevel must designate his own separate
principal campaign committee does not preclude joint campaign
activity with his Presidential running mate. However, all
contributions, receipts, expenditures, and disbursements
pertaining to each candidate must be reported by the
committee accepting any receipt or making any disbursement.
See 11 CFR 110.8(d)(3).4/
The special circumstances presented here, where neither
candidate is the nominee of a political party, also raise the
issue whether Mr. Bevel's campaign committee and
Mr. LaRouche's have separate contribution limits. Under
2 U.S.C. §441a(a)(7)(C), contributions to a candidate for
Vice President are also considered to be contributions to the
presidential candidate who has been nominated by the same
political party. See 11 CFR 110.8(f) [expenditures on behalf
of candidate nominated by political party for the office of
Vice President are attributed to the same party's nominee for
President].
Although your request states that Mr. Bevel and
Mr. LaRouche are seeking election as independents and will
not be nominated by any political party, they are
nevertheless running as a unified ticket on the same ballot
line. Any voter who decides to vote for Mr. LaRouche will
also, of necessity, vote for Mr. Bevel. Furthermore, for
contribution limit purposes, Commission regulations treat
independent candidates the same as those who first seek
nomination by a political party and then qualify as
candidates in the general election. 11 CFR 100.2(c)(4)
[independent candidate may designate "primary election" date
by selecting either one of two permissible dates]; see
Advisory Opinions 1975-44 and 1975-53 [independent and minor
party candidates who participate in general election also
allowed separate contribution limit for "primary election"].
Given the longstanding Commission policy on contribution
limits for independent candidates, together with the ballot
unity and the combined campaigns of Mr. Bevel and
Mr. LaRouche, the Commission concludes in this case that, for
purposes of the Act's contribution limits, their respective
principal campaign committees (as well as any other
authorized committees of either candidate) should be
considered as affiliated committees. Accordingly, all
contributions received by any authorized committee of either
candidate are considered as received by both candidates.
11 CFR 110.3(a)(1)(i). In addition, each principal campaign
committee must identify the other as an affiliated committee
on its Statement of Organization filed with the Commission.
11 CFR 102.2(a)(1)(ii), 102.2(b)(1)(i).
This response constitutes an advisory opinion concerning
the application of the Act, or regulations prescribed by the
Commission, to the specific transaction or activity set forth
in your request. See 2 U.S.C. §437f.
Sincerely,
(signed)
Scott E. Thomas
Vice-Chairman for the
Federal Election Commission
Enclosures (AOs 1975-53 and 1975-44)
ENDNOTES
1/ For purposes of Chapter 95 of title 26, United States
Code, and Commission regulations at 11 CFR 9002.1 and 9002.2,
a Vice Presidential candidate nominated by a political party
and that party's Presidential nominee are viewed as
conducting a unified campaign in that any authorized campaign
committee of the Vice Presidential nominee is deemed to be
authorized by the Presidential nominee. The same treatment
is accorded to committees authorized by the Presidential
nominee. This option does not reach any issues with respect
to the application of Title 26 or related regulations to Mr.
Bevel's Vice Presidential campaign.
2/ This same legislative history includes language indicating
that a candidate for Vice President "who is seeking
nomination independent of any Presidential candidate will be
required to designate a principle campaign committee." This
discussion is set in the context of a primary campaign within
a political party. The implication is that a Vice
Presidential candidate under these circumstances who is not
independent of a Presidential candidate for nomination would
not have top designate a principle campaign committee.
However, this may not be read as excusing a Vice Presidential
candidate in the general election, who is not seeking a
party's nomination and has a Presidential candidate running
mate, from the obligation to file separately from the
Presidential running mate. The Act and regulations are
explicit in limiting the filing exemptions to Vice
Presidential candidates who are nominees of a political
party.
3/ As noted above, there is no need for a party's nominee for
Vice President to choose a principal campaign committee.
However, the Vice Presidential nominee of a political party
is required to use the same depository as the party's
Presidential nominee. See 11 CFR 103.4.
4/ Because the Commission regards the respective principal
campaign committees of Mr. Bevel and Mr. LaRouche as
affiliated (see discussion hereafter), Mr. Bevel's committee
may choose to conduct all its financial activity (both
receipts and disbursements) through Mr. LaRouche's principle
campaign committee. While reports from both principal
campaign committees would still be required, the Bevel
committee could file very simple reports (with -0- entries on
all lines of the cover pages) if, in fact, it had no distinct
receipts or disbursements of its own, but instead conducts
all activities in concert with and through the LaRouche
committee. Further, transfers may be freely made between
these affiliated committees. However, both committees must
report these transfers.