Living with the FECA: Confessions of a Sometime Campaign Treasurer

Abstract

Presidential campaigns now require the use of substantial legal and accounting resources principally to assure compliance with the Federal Election Campaign Act. The act was designed to reassure the American public that the federal election process was not irreparably corrupted, and, in presidential campaigns, to provide a more level playing field in the accumulation and use of funds. It may be now that the act has become a burden on the process. Contribution limits, certain matching-fund rules, and state expenditure limits in early primary and caucus states have caused candidates to find creative ways to avoid their impact. The rules governing expenditure of funds on grass-roots activity, the heart of American politics, have become far too complicated. All of this means that a person must think twice before taking on the responsibility of being the treasurer of a presidential campaign.

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References

1. On the whole, I think the FEC and its staff have done as good a job as can be expected under the circumstances. They must interpret and enforce a law that is in many ways badly drafted and that contains pointless restrictions. How well can a commission function when Congress has designed it to be weak and declines to give it the resources it should have to do its job quickly and well? See William C. Oldaker , “Of Philosophers, Foxes, and Finances: Can the Federal Election Commission Ever Do an Adequate Job?” this issue of The Annals of the American Academy of Political and Social Science.

2. 2 U.S.C. § 434(b)(3)(A); 11 C.F.R. § 104. 3(a)(4)(i).

3. 2 U.S.C. § 441a(a)(1)(A); 11 C.F.R. § 110.1(a)(1).

4. 2 U.S.C. § 441a(a)(2)(A); 11 C.F.R. § 110.2(a)(1).

5. 2 U.S.C. § 441b; 11 C.F.R. part 114.

6. 2 U.S.C. § 441a(b); 11 C.F.R. § 110.8.

7. 26 U.S.C. § 9031 et seq.; 11 C.F.R. parts 9031-39.

8. 26 U.S.C. § 9033(b) and 9034(a); 11 C.F.R. § 9033.2.

9. 26 U.S.C. § 9034(a); 11 C.F.R. § 9034.2.

10.

10. 26 U.S.C. § 9034(a); 11 C.F.R. § 9034.2(a)(4). The starting date of the period is set by statute, the closing date by FEC regulation.

11.

11. 2 U.S.C. § 441a(b); 11 C.F.R. § 110.8.

12.

12. 2 U.S.C. §§ 431(9)(A), 431(9)(B)(vi), and 431(a)(B)(vii)(II); 11 C.F.R. §§ 100.8(a), 100.8(b)(21), and 100.8(b)(15).

13.

13. 11 C.F.R. § 9034.4(b)(4).

14.

14. 26 U.S.C. § 9035(a) and 2 U.S.C. § 441a(b)(1)(A); 11 C.F.R. § 110.8(a)(1).

15.

15. In its regulations, the FEC requires that salary and travel expenses paid to persons working in a state for five consecutive days or more must be allocated to that state. 11 C.F.R. § 106.2(b)(2)(ii) and (iii). To avoid this allocation, staff are instructed to work in a state for no more than four days, then to leave for a day before returning to the state.

16.

16. 2 U.S.C. § 441 a(d); Advisory opinion 1979-9 and 1975-120.

17.

17. Pub. L. No. 96-187, 93 Stat. 1339 (1980).

18.

Michael Barone, “Campaign Finance: The System We Have,” ibid.

19.

19. 2 U.S.C. § 431(8)(B)(xii)(1); 11 C.F.R. § 100.7(b)(17)(i).

20.

20. 2 U.S.C. § 431(8)(B)(xii)(2); 11 C.F.R. § 100.7(b)(17)(ii).

21.

21. 2 U.S.C. § 431(8)(B)(xii)(3); 11 C.F.R. § 100.7(b)(17)(iii).

22.

22. 11 C.F.R. § 100.7(b)(17)(vii).

23.

23. 11 C.F.R. § 100.7(b)(17)(v).

24.

24. 11 C.F.R. §§ 114.9(e) and 9034.7.

25.

25. 11 C.F.R. § 9034.7(b)(7).

26.

26. The FEC debate regulations do not permit parties to stage debates, so the costs incurred by the parties are not exempt from the definition of contribution. 11 C.F.R. §§ 110.13 and 100.7(b)(21).

27.

27. 11 C.F.R. §§ 9034.4(a) and 9032.9.

28.

28. Agenda document 83-119, adopted, 18 Aug. 1983.