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Fw: E-M:/ Harding Meeting of Govt and Industry



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Enviro-Mich message from "Delavan Sipes" <delavan@cybersol.com>
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If there is anyway to nail Harding, I'm for it.  As Engler's henchman, he
and his boss have done more to destroy Michigan environment than any other
official during my 74 years.  (Maybe I should say 53 years--after I became
eligible to vote and paid attention to these things)

----- Original Message -----
From: Terry Lodge <tjlodge50@yahoo.com>
To: <enviro-mich@great-lakes.net>
Sent: Thursday, April 20, 2000 1:42 PM
Subject: E-M:/ Harding Meeting of Govt and Industry


> -------------------------------------------------------------------------
> Enviro-Mich message from Terry Lodge <tjlodge50@yahoo.com>
> -------------------------------------------------------------------------
>
>    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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