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E-M:/ Harding Meeting of Govt and Industry



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Enviro-Mich message from Terry Lodge <tjlodge50@yahoo.com>
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   Perhaps a coalition of Michigan taxpayers should
petition the Federal Election Commission for an
opinion as to whether the amounts spent by private and
public sector organizations and attendees at the
Harding meeting constitute "independent expenditures"
(aka "soft money") contributions to the Bush campaign,
seeing as how the purpose of the meeting is thoroughly
partisan, publicity-oriented, and involves
coordination of policy planning with a specific
candidate's camp in order to marshall support for that
candidate.

    Since it involves a degree of coordination with
the Bush campaign, it exceeds the definition of "soft"
money (which must not be directed by the campaign) or
else it counts toward the expenditure ceiling.

   If the FEC agrees that the expenditures made by the
State of Michigan in this joint venture are at a
minimum "soft money," they must be reported to the FEC
if they exceed $250. Isn't the expenditure of
governmental money for a partisan purpose illegal in
Michigan?

             CHAPTER I--FEDERAL ELECTION COMMISSION 
PART 109--INDEPENDENT EXPENDITURES (2 U.S.C. 431(17),
434(c))--Table of Contents
Sec. 109.1  Definitions (2 U.S.C. 431(17)).
    (a) Independent expenditure means an expenditure
by a person for a communication expressly advocating
the election or defeat of a clearly identified
candidate which is not made with the cooperation or
with the prior consent of, or in consultation with, or
at the request or suggestion of, a candidate or any
agent or authorized committee of such candidate.   
(b) For purposes of this definition--
    (1) Person means an individual, partnership,
committee, association, qualified nonprofit
corporation under 11 CFR 114.10(c), or any 
organization or group of persons, including a separate
segregated fund established by a labor organization,
corporation, or national bank (see part 114) but does
not mean a labor organization, corporation not 
qualified under 11 CFR 114.10(c), or national bank.
    (2) Expressly advocating shall have the same
meaning as set forth at 11 CFR 100.22.
    (3) Clearly identified shall have the same meaning
as set forth at 11 CFR 100.17.
    (4) Made with the cooperation or with the prior
consent of, or in consultation with, or at the request
or suggestion of, a candidate or  any agent or
authorized committee of the candidate--
    (i) Means any arrangement, coordination, or
direction by the candidate or his or her agent prior
to the publication, distribution, display, or
broadcast of the communication. An expenditure will be

presumed to be so made when it is--
    (A) Based on information about the candidate's
plans, projects, or needs provided to the expending
person by the candidate, or by the candidate's agents,
with a view toward having an expenditure made; or
    (B) Made by or through any person who is, or has
been, authorized to raise or expend funds, who is, or
has been, an officer of an authorized committee, or
who is, or has been, receiving any form of
compensation or reimbursement from the candidate, the
candidate's committee or agent;
    (ii) But does not include providing to the
expending person upon request Commission guidelines on
independent expenditures.
    (5) Agent means any person who has actual oral or
written authority, either express or implied, to make
or to authorize the making of expenditures on behalf
of a candidate, or means any person who has been 
placed in a position within the campaign organization
where it would reasonably appear that in the ordinary
course of campaign-related activities he or she may
authorize expenditures.
    (c) An expenditure not qualifying under this
section as an independent expenditure shall be a
contribution in-kind to the candidate and an
expenditure by the candidate, unless otherwise
exempted.
    (d)(1) The financing of the dissemination,
distribution, or republication, in whole or in part,
of any broadcast or any written, graphic, or other
form of campaign materials prepared by the candidate, 
his campaign committees, or their authorized agents
shall be considered a contribution for the purpose of
contribution limitations and reporting
responsibilities by the person making the expenditure
but shall not be considered an expenditure by the
candidate or his authorized committees unless made
with the cooperation or with the prior consent of, or
in consultation with, or at the request or suggestion
of, a candidate or any authorized agent or committee
thereof.
[45 FR 15118, Mar. 7, 1980, as amended at 60 FR 35305,
July 6, 1995; 60 
FR 64273, Dec. 14, 1995]


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