ns iss the beginnig cf: rr - home | fec iss the beginnig cf: rr # date f itlid 3- 7-9n cm/vea noi...

0

FEDERAL ELECTION COMMISSIONWASHINCTON, 0 C 044)

NS ISS THE BEGINNIG cF: rR #

DATE F ItLID 3- 7-9N CM/VEA NOI

Ohio 0RepublicanParty

VZDCAL CL&CTIC NCONIU1SIC1.4

OFFC F Ctm,--,q

OCr 1152AN '!N

Robert T. BennettChairman

Martha C. MooreVice-Chairman

f73

October 3, 1994

Office of General CounselFederal Election Commission999 E Street, N.W.Washington D.C. 20463

To Whom It May Concern:

Enclosed please find six copies of a complaint I vould like tofile alleging election law violations by Ted Strickland and theTed Strickland for Congress Committee.

Please time-stamp and file as many copies of the complaint asrequired by law. I would appreciate it if you could return allunneccesary time-stamped copies to me in the enclosed envelope.

The complaint was drafted by Scott Spencer, legal counsel to theOhio Republican Party. Mr Spencer can be contacted at 1(614)759-7374. Or by mail at:

Scott Spencer6100 Channingway Blvd.Suite 500Columbus, Oh 43232

Thank you for your kind assistance.

Sincerely,

Robert T. BennettChairman

D- : -'321 -4.38- & 6'41 228-42.-:8' e FAX 1614) 228-1093"4'7 2 E State Streei S,,, te 'N, C -- ., --:

mcKq0

BEFORE THE FEDERAL ELECTIONS COMMISSION

L.1I2't 1

ROBERT T. BENNETTCHAIRMAN,

OHIO REPUBLICAN PARTY172 EAST STATE STREETCOLUMBUS, OHIO 43215,

COMPLAINANT,

VS.

TED STRICKLANDPO BOX 5801337 THOMAS HOLLOWLUCASVILLE, OHIO 45648,

and

TED STRICKLAND FOR CONGRESSPO BOX 5801337 THOMAS HOLLOWLUCASVILLE, OHIO 45648,

RESPONDENTS.

NO.

AFFIDAVIT OFROBERT T. BENNETT

Robert T. Bennett, being first duly sworn, states and avers that the following

statements, based upon personal knowledge and information, are true-

1. I am the Chairman of the Ohio Republican Party, based at the above address;

2, Ted Strickland, one of the above Respondents, is a Member of Congress, seeking

re-election in the November, 1994 general election,

3. Ted Strickland for Congress, one of the above Respondents, is the campaign entity

formed and operating for the purpose of electing Ted Strickland to Federal office, i.e., the United

States Congress, House of Representatives.

4. Throughout the course of the Primary and General Elections of 1992, Respondents

filed their Report(s) of Receipts and Disbursements, FEC Form 3, pursuant to the Federal

Regulations. [Copies of said Reports are attached hereto and incorporated herein by reference as

Exhibits A, B, C, D. E and F.]

5 Subsequent to the General Election of 1992, Respondents filed their Report(s) of

Receipts and Disbursements, FEC Form 3, pursuant to the Federal Regulations. [Copies of said

Reports are attached hereto and incorporated herein by reference as Exhibits G and H.]

6. On Respondents' July 30, 1993 Report of Receipts and Disbursements, FEC Form

3, [attached Exhibit G], upon Page 5, an Itemized Disbursement is noted to Francis Strickland, P.O.

Box 580, Lucasville, Ohio 45643. The purpose of this disbursement is noted as "Services as

campaign manager" for the "General" election. This $2,000.00 disbursement is dated "6/29/93."

[Exhibit G].

7. On Respondents' January 30, 1994 Report of Receipts and Disbursements, FEC

Form 3, [attached Exhibit H], upon Page 1, an Itemized Disbursement is noted to Francis Strickland,

P.O. Box 580, Lucasville, Ohio 45643. The purpose of this disbursement is noted as "Services as

campaign manager" for the "Prima'y '92" election This $1,000.00 disbursement is dated "9123/93."

[Exhibit H].

8. On Respondents' January 30, 1994 Relp)rt of Receipts and Disbursements, FEC



campaign manager" for the "Primary '92" election. This $1,000.00 disbursement is dated

"10/20/93." [Exhibit H].

9. On Respondents' January 30, 1994 Rexrt of Receipts anl Disbursements, FEC

Form 3, [attached Exhibit I{J, upon Page 1, an Itemized Disbursement is noted to Francis Strickland,


cwWagn manger" for the "General '92" election. This $2,000.00 disbursement is dated "9123193."

[Exhibit H].

10. On Respondents' January 30, 1994 Report of Receipts atnd Disbursements, FEC


P.O. Box 580, Lucasville, Ohio 45643 The purpose of this disbursement is noted as "Services as

campaign manager" for the "General '92" election. This $1,000.00 disbursement is dated

"12,20,93." [Exhibit H].

11. The total of $7,000.00 owed and paid to Francis Strickland, for her "[s]ervices

as campaign manager," [Exhibits G and H] during the Primary and General Elections of 1992, were

required to be noted and reported as "expenditures" during the course of said elections. As stated

clearly in the Code of Federal Regulations.

11 CFR §100. 8 Expenditure

(a) The term "expenditure" includes the followingpayments, gifts or other things of value:

(1) A Purchase, pment distribution, loan (exceptfor a loan made in accordance with If ('FR100. 8(b)(12)), adance, deposit, or gift of money oranthit! of value, made h' anj- person fo)r thepurpx)se of influencing on" election for Federal (.fficeis an expenditure.

lEmphasis added I

12. Respondents! actions are in violation of I I CFR 104.1 ](a) and (b), in that the debt

and obligation to Francis Strickland was not reported during the Primary and General Elections of

1992, when incurred. I I CFR 104. II states in pertinent part:

§104.11 Continuous reporting of debts andobligations

(a) Debts and obligations owed by or to a politicalcommittee which remain outstanding shall becontinuously reported until extinguished * * *

(b) A debt or obligation, including a loan, writtencontract, written promise or written agreement tomake an expenditure, the amount of which is overS500 shall be reported as of the date on which theobligation is incurred, except that any obligationincurredfor rent, salary or other regularly recurringa&ninistrative expense shall not be reported as a debtbefore the payment due date. * * *

Moreover, the actions of Respondents are in violation of 11 CFR 104.3(aX4Xd), which states in

pefinent pan:

(d) Reporting debts aid obligations. Each reportfiled under 11 CFR 104.1 shall, on schedle C or D,as appropriate, disclose the amount aid nature ofoutstanding debts ad obligations owed by or to thereporting committee. * * *

13. The actions of Respondents are in violation of 11 CFR 104.13, which requires

the services of Frances Strickland as Campaign Manager to be reported as an in-kind contribution:

§104.13 l)isch.). re of receipt ltkl 'onMmption of in-kind contributioIi.

(a)(]) The amount of an in-kind contribution shall beequal to the usual and normal value onl the datereceAvd Ech Mn-kind coiitribution shall he reported

0 0as a contribution in accordance with 11 CFR104.3(a).

14. The actions of Respondents, in making these dis to Frances Strickland,

operates so as to render said disbursements contributions. The lack of reporting the debt and

obligation to Frances Strickland, when incurred during the course of the Primary and General

Election of 1992, would have the improper effect of classification of said indebtedness as a non-

contribution. 11 CFR §301 states:

(B) The term "contribution" does not include -

(i) the value of services provided withoutcompensation by any individual who volunteers onbehalf of a candidate or political committee;

15. However, 1 CFR §301 also further defines "contribution," and accordingly sets

forth the violation of Respondents in not reporting the obligation and debt to Frances Strickland, as

it was clearly a contribution:

(8)(A) The term "contribution" includes -

0) any gift subsription, loan, advance, or deposit ofmoney or anything of value made by any person forthe purpose of influencing any election for Federaloffice;

16. The contribution of Frances Strickland to Respondents, as shown on attached

Exhibits G and H, total Seven Thousand Dollars ($7,000.00). The amount of this contribution is in

violation of I ! CFR § I10. 1, which states:

§110.1 Contributions by persons other thanmulticandidate political committees

(b) Contributions to candidates; designations; andredesignations.(1) No person shall make contributions to anycandidate, his or her authorized political committeesor agents with respect to any election for Federaloffice which, in the aggregate, exceed $1000.

17 Further, Frances Strickland is the spouse of Respondent Ted Strickland, and as

such, is prohibited from contributing in excess of $1,000.00 to her Husband's campaign. The

contribution of $7,000.00 to Respondents results in violation as an excessive contribution and

excessive receipt of same. Advisory Opinion 1976-26; Advisory Opinion 1987-30; 11 CFR

§1o0. ! (01.

18. The actions of the Respondents, in failing to carry and report the debt and

obligation to Frances Stricidand, as of the time of the Primary and General elections of 1992, violates

11 CFR §1 10. 1(b)(3Xii), which states in pertinent part

(ii) In order to determine whether there are net debtsoutstanding from a particular election, the treasurerof the canidate's authorized political committee shallcalculate Piet debts outstanding as of the date of theelection. * * *

As hereinbefore noted, the debt and obligation to Frances Strickland was not reported until well after

the Primary and General elections of 1992.

FURTHER, AFFIANT SAITH NAUGHT.

Robert T. BennettChairman, Ohio Republican Party

Sworn to before me, and subscribed in my presence this .- day of - , r_

1994.

Notary Public I -------

My comunion expires:

C WPWW.(XYrrSTwxxL 112 ft 37

REPf OF RECEIPTS AND DISBURgIENTSFor An Autthoried Committee

(Summary Page)

2. FEC IDENTIFICATION NUMBER,II 1 .J4 , . .

4. TYPE OF REPORTday remporrcedng Primary

(Type o Eec IIon 6/2/92 n e Staseof OHIO

cfyreport bobow n Genera Electio on

Ths reo cotnsX' nMary Election

in the Stm of

'J Temwnaa o Repor%Geners Elecion ' Soecal El€eo

SUMMARYS. ftrmn Pei 4/9/92 m~ 5/-13,/9. 2 COLUMN A OLU~MS

6Not Cwwmo, (over ftn ilr )

(a) Total Cono o (o~ than iowas) (trom Line 11(e))

(b) Toa Coribut~o Refunds (from Lone 20(d)........4536,45

-0-

(C) Net Conibuo (oter than loam) (sftla Le 6(b) from 6(&)) 4#536-45

NM Operating Expenoturesa) Total Operabng Expen*turs (rom Line 17)

1)) Tota) Offsets to Operan Exen s (from Lne 14)

4,536.45

-0-4.53645

4, 536 .45

'7 :::gal 16,440.61-0- -0-

c) Net OQatng Expennures IsUDOract L 7(b) rom 7(a)) 16,44061 16,44Oft4 .6 1640.61S Z asm on Hano at Close of Repopnjg Pend (from Line 27)

9 eoes and Oblga ions Owed TO the Conminee 2FwEOCM:iemze am on Scheoui C aror Scheouie D) -0- F9owl Elecbon W

10 otesa ana Obigatins Owed BY the Commttie 999 E S"tre. NW

Iler iZe AN on Schedul C a no or Sche .oul D ) W aS hW M g . DC 2463

1 C&n"Y et hav exaine ti~s nLocal 202-376-3120an c orf t la Iae e a s e. R PO vi an o to the best Of m y k flo wva g .ana beitef it is true. corr ctt

,pyoe or Pnnt Name of TreasurerWanda KuhnsSgnature of Treasurer

DtOa*5/18/92

NOTE. Suomsson of tak. eroneous, or InComplee normato may subte he peron Sgning th's ARe to te v enalos of 2 U.S.C. §437g.

_____ FECFORM3---------

i I

LED.E D * DEBTS AND OBLIGATIONSExCkding Loans

ft-" I Of ... I,LIN$ NUUE _I

for 6wh A"m 1MIV" o~f COMMIns, fin Full)

______

Ted Strickland for Cona...-m ow

A. ul tfns tWW., Addrusen ZIP Cods Of Debtor or Creditow

Amwuc puIyrn

Don AndrevsRt. 2, Box 127 FMcDermott, OH 45652

C

N

E

F

6. Full No"m, M~uwV Addrm end ZIP Codse of Detor or CreditorCarolyn AndrevsRt. 2, Box 127 FMcDermott, OH 45652

Fd eurofOftt(PfwP,.): Printing and copyiniDfC" 2aian mat"ria. ^ 4r, .C. F u N ms. 140ming A" wn wd Zip Cods of 0-6, or. ofnt w,

Wanda KuhnsP.0. Box 255Minford, OH 45653

bofOlbtPwp0W) Office supplies,o ordinator's m etin sUo lier)Full Nueso hbamg Ad wend Zip Coc* of Deb tor or Cir

tum of De (Pmmel:

Full Nw",* kline Ad*M end ZI Cos Of Debtor or Credor

turs of Dot (Purnox):

Ful Nome . hilnq Ad end ZiU Cods of Donor, or Creditor

-0-

,~ .~I

-0-

-0-

Naturv of Obt (lppo): .

l' - •

10.00

100.16

61.30

a-..

-0-

-0-

-0-

1) SUSTOTALJ Thi P'rid Thisl~ pWg lopion*)..............................

2)TOALT~ sro~~s~oesths l~ nl)...................................................... 1

3) TOTALOU INGLOANSm ............. o........................................ 1

line__ofbow""__ft"_%a____o..... ............ ..... ~ 1111A

of hpbo

10 * 00

100.16

J.

61.30

6.-

Nturs of Dow (Purmoes:

Keys for headquarters

I Emmwmnw

-4

A-14a-

I

v.

I

i

10.00

REPPOF RECEIPTS AND DISBURFVNTSPr An AuUWe Committe

(Summary Poge)IIU

C00265892 OH'06 060892WtNOA KUHNST!O STRICKLANO FOR CONGRESSPO B0x 580 1337 THOPAS HOLLOWLLCASVILLE OH 45648

P 424

I E X W ,O ; I2. FIC IOJNTFICAT*N NUMEfA

C00265892ur I& 18 TM14 REPOT AN A d't"

0 YES 0 NO movs T .1~--e 4. TYPE OF REPORT

JU 15OmUnpo __ in M.omo

'OCT 20 -10o15 ua. ftondiv P ftloIowrn foer wmcwlsn on

ElJiuwy 31Yew Edept z*W In Me Soft o

ly 31 M-w por (No,econ Yew only) d T*''

This o~ contoEecinm eerlEl~eac" vw 1 rrt Eso oloEto kp lr~t

SUMMARY

6 Ne Cotftriut (otew Man lio)

(b) TOW Cwnlul ef (w ow we ) "M Low I 1(...8 551.. 2.3.. .7.49

7. Ne OPerng b;ope mse(8 ) T m W O e r o t Eq w gfnm U(nb .1.7). . . . . . . . ..

( Tot Ofhme e (fom Urno 14) .

(c) Ne Opern Emwdm (unt Lkw 7(b) rm" 7(&)) .......1A M3-76

ca" Co o 0 i a o peiodt( tMM.n 27) . . . . . .

9 e9t aM Oblgt*,mon Owed TO te Comftee 00ntct:(hNiaeo 44 on Sedubs C andfor Sche l 0) ... . . . ...- __.

'0 0OM Ad Oa On Owed I Cotee Jwangtn. 9C Eo.(he,,zeaE. o. Scheoe C anyo, Sche O) • 18.414.48 TOr F .00424.9W'C

I ceftty mat I have examined this Report to t1wbet 1 my knowp V b IS t&. t ILocal 202.376.3120and CWOmpete. ,.- ,CLcl223610

Type or Pn Name 0# Tro8aur -

S.nnano th e l o u

NO T E : , , w r o s o n o t t a .e w r o o o w " w W w atn u o ,/ ma y w b p o wn m m p o t o F * t o ft e n & " o f 2 U .S .C . 1 7 0 .

1~~ I I IFEC FORM 3

(fevse 4/87)

CORRECTED - Lines 3 & 4

DEBTS AND OBLIGATIONSExciudim Loam

,,,, .. __,,,. 1%0,,0LINE NUMSlIA Vfor oo 1-" o4v"qW

Nome!o of Cmmtt.ee (in Pu) Ou ndlq Awn g j pymem Ow ____V

Ted Strickland for Congress C00265892 WA P~ 'hb Pe of W* ft""C02592 Ip .

A. P w PdWm VUa0 M*rom oe Z1 Odm of Oif W dWi

Carolyn AndrewRt. 2, Bx 127?NcDermott, OH 45652 100.16 184.21 100.16

-. 9o.8I9e Dot IPftol: trice supplies and

campaign materials

6. FwN bMe. Mailng ddrM oft4 Z0 00 of Oubuwl of Cid~ts

Don AndrewsRt. 2. Box 127?McDermott, OH 45652

keys or hs. qarters

C. FV Nie. kilng Addrmf "f1 Zi C.4. e Ofblif wW Cnie

Wanda KuhnsP. 0. Box 255Minford, OH 45653

9 9

10.00

61.30

%$lure of Deow (Purgoo):

fIffirp .,,frlee A l~ffitln mattrials

0. F WN Nome, hum ng ddtM ad Zo CAM50 of ifo avow

Ohio Power CompanyBox 24000Canton, OH 4712

%e wre of 0ee (Purobm:Electric service

E. Full %Vne'. Meling Adt. SM "1 04.* Oo DO~W CndluifXerox Corp.350 So. NorthwestPark Ridge, IL 60068

10.00

-p

- 61.30

127.93

96.46

,,,w,. of i.

t ISUITOYALS Thl P This t .1 ...............................................

21 TOTAL Thlo e p (i um 11b41 I ... .ly$ .................................................

3) TOTAL OUTSTANDING LOANS fro fthe4 le C (tat OWp 6010................ ..................... 18 0 0

184.21

127.93

96.46

4) ADO 2) end 3) end COV fO w to ooMIsM 1I0s of SN"mwy Pogs k" Oe o60 ................118L1 4.68,

.,LED,d 3/S0)

M

F,-Tv

0

E

4.TYPE OF REPORTI

Ocbe1OLIm 'VT SS2 EonAJ4y 3n YW -p- inon Ai of

Tbw iWOs wmpftSCvN fr

S. Covmwi Per 7/1/92 ,,m 9/30192 ALWm A

t. ~N Conosoe (cow *ow W)

4) T o w CO d( w wn) m Lm 1 1 1 4 ,64 . 6 . 5 7 7 82 -18(ToW Comftt Rok1or M"o L"o -rmLn ~))I4646

()J, 508.17 508.17

7. (eC) fob ~ ~ (~r v ELwxbwumnwfam 1249236.52 137.27,4.gl(. ) NT O owa n g fuL n4m(o o od o r in L m f n 1 5)()8145630 117,960.06

(b) "rwOh OpUrl; WE Im (*um La 14)132.50132.50

(C) Ne OP n 0 Evxvwitow (au w Le 7(b) ftro ?(a)). . 8 . . 32 .50

..._ "~ha NC"o AM Vpo (M o 81,.323.80 117,82 .59. f ow t 9Ow" " "o 379452.52 1 'ow'~"M'

9 D an OSam w TO Scrme D, . . .m

10. 0eM old obieO ,,, BY oft CAmRIuy WM Kip, OC

C (* ow fw em bSwej~~ c~ .v Ro&1 32,006.08 i ToIFmegs*4a4=g3Iand i, .1h ,-b , &V to R,, u o a b et ofI my V* o MW vld bp , fa snj, w c Lo" 202-37.120

Type o r:,- .p ..e N " -- -# 1,s mw

WANDA rUHNS-,,-u,, o Tv--e- -m

,,i. .~-- /,/ Z& -22...

,,.." ~ ~iw ~w s.oeso"NA=ewus. orn meVM PAWI1h0n 90 ui y mei ngnwrg at Reoeee 2 U.S.C. p3o.

FEC FM 3(uue "'7

cion S'...

f e-,%

IAIL PYVLHfl~ ~

pmy l to "M at ,a ev o my as pw s mwe ufts mwmor ow eebuW.U

i n up "Ted Strickland for Congress C00265892

Bihl's Office Supply -now)912 GA 1ia Street m"sl-a

Portsmouth, Off 45662 n/um ftK .UPowar U wmm 9/11/92 6.36.... ,, oa Im lvo .-

IOLLCO Parade e-tr.T lemt

tanmm pt aw Ujamm 9/11/92 25.00Wellston, Ohio 46692 owm

Fftnces Strickland R6inb. for parade e.V* O -mwMu PeiP.O.Boz 580Lucovillo. ON 45648 25.00

O. Pa ftow ftaf M~ a" MP ft"b DowOeme Iffaaf &Amrlf Oft

Copy-Cat -w. P.842 Fourth Street /4.192 135.87Portamout, OH 45662 " , mwv .J Gwmw 9/14/92 135.87

6. No Ifto afel Ad* Puin UP Gooin P. of -nw ofFilduan Gr6up . w w)"w Tw--- -515 Eleventh Str e . SE .. . . .

Washington, DC 20003 ta ta JGm 9/15/92 3,500.00

Austin-Sheinkopf . 'n mm T499 South Capitol St., SW m.2 . CnultanzWashington, DC 20003 ft-UPwvLJGu 9/15/92 1,500.00

. . . . 00M imes. -i I iq

Mini1 Alschuler Consultant fo Vw.m IY Pe4w

1532 N. Milvaukee, Suite 20: f", TI&Chicago, IL 60622 M- own.f_ ....V L how 9/15/92 1o500.00

_mowumt - I _

K. FA Nom. MeIim Admw ZIP 00tgwof D wDow. bwat Mwno o

George Rakis ,*vm lft ft#9 Kervood CourtSilver Spring, MD 20904 LJ.'w'LzJm 9/15/92 1,000.00

'I 0w %SNO)

1. PW .aM MM -,M M 4W

Group Platinus120 Webster St., SuiteLouisville, IT 40269

328

Puoe"O - ----D a

n,-,,, N,. I w ,

1. vo/9

9/15/192

ANOWN eq f6-koww Tft .-- t

333.72

.. ... .. ... . .. . . . . .SAT& of Tim w 8,025 *95TOTALfOwwU="" o wwft..................................................................8,025.9

tOA h ve (i . bS

m mmmmmmp_

AfflftAign MAtPrinl

P1Ella

U S.

Ii

C80265992 092192WAMNDA KUNINSUTED STRAKELAND POl CONGRESS

PO B0X 580 1337 THON5A NOLLOWLUCASVILLE OH 45649

c

PM~ An - Osrimi:

- Pw _

2. FEC BFWNTW1CA-Tj*qm -n'JI4R

3. IS O 'AN AMENOM NT?

AW I$ OwmwV4. TYPE OF REPORT

Ju* Is oum wo I'olon. 11/3192 in I 3tt o C)10

F-I w IS (afLsnwly Pw Thvwgfl dW rn Oak w &g menw mG -obJanl Jwxy 31 Yw &W _ _ _ _ in o__&AN*_ON

1o___ amt

__

S. C¢vwng Pmo 10/1/02 V I 011A/22,

6. N ca a ADw (omw w AMs)

(6) TO OW-WWsmO ~Wen mm) (kom oo)I.I.f.

(b) TOW CwbAgn %f (Mm LimMo .O .....

(a) he Coimtxim (oN w rs) (mim Lie am fm ea))

(b) T olw ~ Opt (iw. (bu U. . .4)

(a TO Opraft EwSdlmw (bw Lie 17) . . .(a)).

e casm on Vi at Cmea PA Wo (btm Low 27)

9 ( ue aO Oba aOwed TO Ve ComurwD).(ftmaYe al an Scrie~ C sw~ schmaj). ).......

C. Def and Obbgat. Owed BY Ow Cowufi.(IgSKZO A On SMGOL. C a K~ S0wfwtj D).

COUM A CoLUUM aTh. pwf,,,I ft--._,.m

a-- AL I 17 WA500.1

10,7 .36- Y

S10.769.36

* 40005.20

*yMat I hm~ awIw~ Uis Rp&? to ft bes Of MY knowvecge & tie iti-&,---.ILo-023&32arid ,,on-4se

Type or P'n N4me Of TreuaWm

WAnda Kuhns

132.5o

Por tumw btN ts

eemeo N

wwm oc zomsToo Ff sm ASA,-

Sgnma of ressuw

fDa,.If10/19/92NOTE: Sutnmson at tfte. errosoo or u many *~ea me son ugn fteoj m e O 2 U..C. *437g.

FEC FORM

l

I u MS'Ll - AV)

12A, 729-A&?-

I

m

- - Ii.,.dkq Lous . 1do U AM USS)

laof 00kikp N 7 C00265892 000" - %V-Ted Strickland for Contress 00~____ Thb01 &mW W maImq h

A. FW dowaS. -W Aeno a of Domr Or *low

Sof D~ (pWomma:

SPug NM hb*i Ad*vmO ZW Code of m r 0 VOW

omwe of Ome Wt96.:~* ,

Cul OWSI . 1.baif AW oW 9%o n of C0anw *woww

ptwom of Dow bWommb:

0. Fuji itbldt WWI~ ZIP CSode of rCp~-

Mini Alachuler1532 N. Milvaukee Ave.Chicago, IL 60622 ---- 10,000.00 4000.-00 6,000.00

tNyo, of 0"4 ONX900);

_"nsultant orFund RaisIng * --- __________

C. FU ft". kftim *Q W1 CNN at Obmr or DeSmwAUStin-Shoinkoyf379 W. Broadvay, Suite 305New York, NT 10012 ---- 10t000.00 4,000.00 6,000.00

!Ved--a Consultant .

fw Nov ~w hhM Adrs and ap Cmft etDbr n eUhwCeorge RAkis#9 Kervood CourtSilver Spring, MD 20904---------------4,000.00 2,000.00 2,000.00

311 TOTAL OUMSANDIY4O LOAWS fvw" *OwI C OM O *Ow @ . ...................)i 0 .00, AUD271 ft3)mnSW fV%0bwmn to R1Fr mW Ie of Savmrwy OW.e S m -wh ............

(no )M a

Pt Ain Auna -t n(sunrimmy )

FE.IIUrn

1. - -- - .. - '.f. . .. , . -

WANDA KUHNSA Teo STrZCKLAND FOR CONGRSs

P0 BOX 530 1337 THONAS HOLLOULUCASVILLE O" -45"8

oAp# 15 AMQWWi~

o* .1 sy is am .-

oWWy 31 Yew R

[ J 1 S YwY ort Pon. 0 Yaw on"

0

4L "YPE OF RPOWT

in srew ot

SNMnM . %*__ vw aihe ,aa on

11/"!/92- e'Va aW rl'

0eor,wqftw

~soitorT1 G/aw sealm El

CLM A ~ ~vw Poled I w l.

6. No Coufti ('wr tw los)

TOW Mm Lormnion) ine lie))

TOW CG"fm RAxi (ftm L w ..........

NPW Cafmorw (04w Iwo) (ssc L.. 4" fm 4)w

609463.94

15.00

15.00

(10~~~ ~~ Tc.m (n , .. .. . 2 02y956.28

(b) To tW0 b O pSe4i E iM i ku (tom L O 14) 40.. . 4,0.99

(C) fNw Opuawb ExPwxis~mft (ftftra Low 7(b) Mum 7(a)).10. w€ Il S m), - 102,915.29

9. rw= a- ' wo-. 0w To- C. --- 248.- . .ftwn f ts an S * sC -- w oSct ooL" D).

uwW uw I ruv exwvms OW Pa aW U*O bowt cW my kmnft.p &W b a @i SueW. ZZ

Ty" or Pr"u Ner. ofTfimjViand& lubns

2 1. 13

21 1. 36

211406.36

231,039.06

23076.59

230,M5. 59

ona ,8"a

WaM 2M-37"20

?<M; Simmmion of tN. wcew or wwrno udw'nmon mfW mjle 9s P*MMn Vft ROPor 0 me P&Mas of 2 U.&C. §4379.

ECFO

- ROW)

173.49

I

211963153

231_99.08

vsimehqdbm m m

l

m

2. FEC OENTICATION NUMER

C00265892

STHIS PTPM AMIpN "

co,, eo J 10/1.5/92 _. oue 11/23/92

ad? hb Goma agoi2 TWP TWPW Potd o To*pm~g

3OOO.OO

4) A 00 2) anf 31 and cmv tet.wo so o ,se lim of SwfY PW Om W e W ) ............ O-

M dAUhul-e" (Q At A P'arnero)1532 NIo. Mtawauk.s AeeC"h,,4 .., io IL 60622 3 9000 .00 - - -

Conmutant for Fund IsIai...C. Fulis Iudi. MWUap- M ,- of ,omd or eI

379 W. Broadway, Suite 305NSe York, rN 10012 3,000.00

sm,m of Cot gh,,o): ''

.edi it Con-MI t,,nl;--.. . "r- ,Fu, Nm. hb,.n ,Addm,,, aid Zip m, t of,, t mw

Georgia Iskis09.1Kerwod CourSilver Sprin, MD1I 20904 2v000.00

%mtml of cn ("rm):

E,Fl fta". SUSTOALS Wn MOOaofs oP~ m o W 09~

F F wi't ofvv Wagim ib a, dmeisZ A f s ore} Oe i r e, ..-

I I SUrTOTAL.S This Pworo T fte (00dim) ...............................................

2) TOTAL Th ft Poo U m i ON O ...................... . . . .... 4 8 .0 m 0

3) TOTAL OUTSTANOG LOAN h$#Mam ....... C M Mp O

Ikmengl uomI Re, pa 3/1W) "W fts" -Woomlll $woo

A.'ai

nrrun vr nr.ir 1I0 U UI*DUftjrMtN 16for An Ag~oroW aeg nf

(Summarwy eON106 010893 P44F

0 Pat CONGRESS37. TMCNAS HOLLOW 2. PSC)o NTIICAO .UM". X45648

3 S THIS REPOfrr AN AMNOMENT..

I 1 ~

Av Is U.'.Stae

"""=a=in " suf=, =-of

Oct*& -I E R ay r~ taft 11 G.,wa E' ora~ Ju~ y31 Yea E , ~ .- . .. i. - Jd ' in _ _ _ _ _ _

rk.," 31 yo &md eoi (Non~lsmm Yew O'Wy) pawy~ ~r

a3rWy wo Pnmwy Eisaaon Ly r- wiEwcwn _ noi geL

suMMARYs. cov emw Pared 11 24 /22 1 CUMN A aU

(a) Tom *-wbUmr (OWlrf cai) Mbmo, (e)) ..... I (0))

2. 7-a3 513

.00 523.17(c) .40 Corw~u*on (au*m bI=*) (&ADM Low 6(b) tw, a(&))

(a . Tom O g EJgnfw (ftrm Lnei 7) . . . ...

Tooal 0""13t to OPerAUVn EXPen~uft (froff Lin 14). .. L(

:c+ . ~ q~o S (~r= P() tam ) I 2,5 2.6

I 2L522.6-2;.m -n Ha wn ~ItJl W r d -V,

9 Des aW 0t%9Vaon Owa TO ,,. CEMefttwe 17 OOM="eeie a1 On Scr*Clua C wio Soeneue D) , : - c m comnm

BYI Io *ea soo Sh** rsWonewWMpDLOC 20463e--- 8 0"

6CQ8 To Fm u i. 0 . I. 424o#'ay mat I fwve exm,.ned Mrs Report / to V e best of my kneowVe aww it is mm. La" 202.37&3120a1' c =ov , ere .. € re ci 0 -3 -12

W' o T-mf Name. of Trea~ur.

NOTE. Swhrn4$n o0 tiae. efonsoug. or w'nrpime Wom w i y u4pe= ft w 6rM V" R@p m o woahe o 2 U.S.C. 9437

_ FEC FORM:

f'•C00265892ZANOA KUNNS

K TED STICKLA7Z p0 OX 80-13

LUCASVZLLE

I ytb v hun,P-I

v

r

3/W

a.x..db.. Loam

amvnWinIw (in NOl)

A. Poolw SW" tbin d&O1 OW M COO Ob W ~W C

Mi i Alschuler(Q & A Partners)1532 N.K±lwauke Avenuehicaso, L 60622

ea-s- Oe; or _ (p mp :

Consultant for fudrasng. p it M&m Anm and AP C of Dew ow Cmhw

Austin-Sheinkopf379 W. Broadwy,, Suite 305Nev TOrk, NY 10012

c .~a mnw %umw f vAdk med ZPCot o Qrediw

CArolyD AndrewsRoute 2, Box 127FMcDermott, OH 45652

Nowre of Om P wn):

office sugplies and phone callso. FuN ftm. UAVQ Ad&VU WA 2 Deofs of r u Omr

Judy Zudak2 Monticello Drive, #205AtheUS, OH 45701

*w. of Dow oPnuf)

Postage

E- puu wwvwe Msilsn Arsman wl cde of Debw or Crudaw

Terry Phillips35C. West Water Streetohillcoth . O 45601

%Smof D0oI (Pufo )-

.Postage9F r-wji Nwr aikqlw, Aov and Zao of Deo or crednor

Bin! Office Supply9'2 %^allia StreetPortsmouth, OH 45662

1,

150.00

45.00

47.44

%Uft ~OVA %064

&lI.

150.00

45.00

47.44

orfice supplies . . .. __. . ._--

lb SUS TO TALS The P Wod Thw Ows ko b on in) .............................................. .

2) tOTAL Th. Perva d I thm othis l m ey ..) ............................................

3) TOTAL OTANDING LOANS IM d-MCUrnPup ................................... 4A 71 and2 3 an a v w to w i no ON Y ) ). . . . . . . . . ... . .. ..... .

I/

mnmof Dow~~a)

~umI ur h& A" NWFinr An -0 s I~o 110I..'I*I8I

P.0, 1337 kI n33 . ] T JiCaIYr, T~alWPOM

L!CASThL, OnIo 4564

I

7S.TIC..An r M-e

=ZO~., ECEIVED T~~ ____Ju s € ~w s ho a m on In f

C3 ( I T OoAM__M

0 j c (31 yew tome ZB 9 TAPT .T

" .,- (o ,ej, vwok "--'-----PW ,ll u -m &A.*O...u

o. ~tm pim ow" , Yme " To i. . 6. wWb~

. - m(b0) TW oft lb o 0.fwto w -6i

(C) No *amim 7w(iW~(~ M 9b a)).

(b) a Toug O ww T on oanqgt 152-74y. Lin. 14)mof

( I~ i g e d w~ .1 6 8 . 0

I cmy w Ihav~ut -As- - i 11,756.98 ToIP,..M .

TM or ft" Noice at

NOT!&"o afW "MU rMcVmJ

I~UsaC twog.

I f Ir I I IewU

mm

L 47OF,,- Omu 0no.Ua

IIOR/06

mL

MalELII

I

I4DUL S rrWw DUMNTSDLI,, NUM5S

AV mm 6 emp from oa mn w siim my M 1 "M or me by 4 s. ieo * ptom # w% oroutom o tw meMMiaw *UA.W i 0 m- -d M o MW p*M" isamd n a *~t am.wI f m enu m.

Ted Strcladfor 00pes ~0265892___________46P Iftr *&Mama .........

Xerox Corp ft is. vw)~ Uf Tub P"P. 0. DOX 5990 t o o2eO1 STr , 60197 M m a 6/8/93 101.67

Postmaster Poitaze for thank-Tous fto - To* Pw

D4m5 1w. UPI bun .. 6/18/93 207.06Lu a y le. O C 45643 " -Jo , t___,__

C. Po M n, WMdb bAdd .- Pimf .mf Dk w- ,E.,ricrkaon & C4@my ewv. '=.__[ i'216 Seventh Sreet, SE EdLb. for xat !MWashington. DC 20003 mmmrw:LJp, w Lwm-- 6/18/93 290.00

m0vr. ,94 primary

Bh's Office SupUlies a dvY. mum Tkb ft912 GA.iZa Street 6/49 3.06Pot.outh, o9 45662 *,,,, nI',- iJG-,g 6/24/93 3.06

IL Pd Mm Ud- -*Mn wm M -wkOthio Damocratic Victory Fund iw.vMt vW 0 hhP

P.- 0. Box 29244Cl1mbus, Ohio 4322-0244 oj;7rr . v -L. o 6/28/93 i00;00Ie g, I

F. FM f. * --- mft Puwini-- sobFrances Strickland dw, w1

P.d.Dox 580 ,, -Mn 191LucasriLle. H 45643 mm oIT I m0 w 6/29/93 2,000.00

G. Fv tM._ &% =W 4 o PmMm. Wim -Dev--d Andruitis, Inc. M-ing$ of invitations V. m) OIamMsPWRoom WA29 Rayburn Building for fad ra4r14ashington, DC 20515 , imw 6/29/93

,--- .._ U3 09.0014. P10 NWA %Mf &Ain Mwv Cm. f Pw~m of DiewwnuM am . of looDSG Campaign Fund In ind expenditure dw bp430 South Capitol Street I t so* -Washington, DC 20003 -- w . j}ub .PJGmma 6/17/93 300.00

. y . bin@ Adiw n * Xpwm oq uw"MMu am (ik AmMe lbI , y-r w o u Tit Pe

L LiJS TOTAL o f 0 w m w .oo w aj. ................................................... ........... . 3 41 0.79

TOTAL Th4. Pwmd (at rM,h m ev)...................................... 23663.13- -239663.13

AqEDULU a

WPORT OF ECETS APa~t Amlm1Ea

C OZ 1 $69Z l)O 120293

W ND KUHNSTED STRICKLAND F,.K CUN;RESSPC 8 EX 530 1337 THOMAS HOLLawLUCAS V1LLF .rf 45648

AW15 Ow

Ocom is Qu

i Jumwy 11 Yo

EDAW 31 Ibo-Ye

p . 3 1

4. TYPE OP REPORT

cg-anme oThba, enut ,, an m. ion

in ** Sof at ______

T wkinso fts~

S C0025892

LI

Qmini ~ 92 0 u.~ ~*

6. m Pe 7/1/93 uinuWVI-12/31/93

()NK n (ogw s mm Lb

(a) Toi oWWV EVWN.s (6m Lre 17). . ... ......

(b) To Ofsi O1pwmn epwdamm OIi LM 14)

. sC..om .m f pro LOO 2-7 .....

9. DeWs aw oti Puma w TO Ie Comme.

10. Def w0000SOeBYIoon"W(I &Id On~m WOW C~ SCf couit

40.0082t926.528292.5

99061.30

168.51

8,892.79

83,017.88

-E --130.06132

q

-1

Ta Porswmwi. ~TmTy"~ Pf W dTow

I.

32.724.43

168.70

HM a Illf. mywPsrlw 0umam

Too F, Im4.sa%ml i.de7.g1

NOTE----a m pp"e' su'ng Ss Report o me enl Ot 2righm~

12"W 0u6BAN-.3.~~~~~ S hS i" M M T

Co~mAIA I -L a

"QS §4v$.

F FM 3m

83,017.88

I II I IIIII mE II II m i II |II I i

M a..I ! Im

829 966..5*

40.00

In .. 52

L

u~..

1 ~qII

jOULE S IT04ZED DI83URSEMENTS

OVOML4f Expenditresg I OMbd -Wtw Poo.

-wy orVbvi~ umr w V Sm

t o eOWo W~f IwW

owo02 of 8bg2 wS DTCA S CaMM4 g

A. Pu -- ~ AddME Md ZP CobFtwsStrickland

P. 0. Box 580IMCagville. OH 45648

a. Pe know Hise* AmNe IP code

Joe Cole260 East North Street

Ou"Me of Momwe~nytwn

Pwad raiser dinerHiillsboro, 0OR 45133 f.tilm'- J Pb.yLio!-C. ~ ~ ~ ~ ~ ~ 0 t..woi-iA~sm IPC --

Dete (mw.v Ad, of, Gabfy. Vw) Diem h~Pao

9/23/93 1,000.00

Owe tmontt. Anwnt of -

"V. vow) 580~ wI

10/28/93 350.00

Frances Strickland Sevie as CAmpaign day.gg vw igs Pori"aP. 0. Box 580 1-- 1/09tucasviii., 12209 1,0000 ifr WlMVEG wO. 00ooeE mw. 920.- M0018 .UNON&MPS M ZIP CUM Peofo~~., via..Franc** Strickland CO as TYW)z

F. 0. Box 580rnfer /39Lucasrille , OR 45648 DIWM~.tUr Lpvbnrv iwn /3 2,000.00

E. plu Mo -- _---- PwpMM ef 0M bafFrances Strickland Servics as U" Cmign Mr Vw) ~ AWTh WP. 0. Box 580 12209 1,o~oLucavill., ON 45648 abbi...%7- pao 2 o9 1000

F- FUN N610 MMW Ad* MW P Pw f Cw, afag eTribune Printing Pitn ftce o7West Washington St. Pritin of0@ tickets fo47.70~'~~PW~Nelsonville, OR 45764 7/13/93W0110WV JGee 47.70

J Othe qtw 94 7 3No.,Fhbnvoij AgAqu M- ZIP Cog. I puw of Diftsrww"~Dr

ung inu. 1wXerox Corp. MV. vow OWNMM... TV* PWt~gF. 0. BOX 5990 Purchase of co ier 7/27/93No. Suburban, IL 60197 Dwugwwntqw 0us6 an'we 101.67

M-. FUNI k4io. W499.m Ai*aw inWdZI Cg" Pfnwe- f D-wrngt *ot. Wa.n.. hiugNational Democrat Club ) Dine expense f or .v.,w"TMPO

iashinjton, D7d 20003 t'mf :r L4 IIM LGW 979.16I. .o Vt g (WOO y) 94

POStmaster expensofesafY. "W) f 0wnmget TMk Pwie610 Gay Street Potge epne

17/31/93Portsmouth, OH 45662 tw L'j .-. 48

TOTA. 'I*t a P jwl p Ma~I I#Ew fmwW orly

'N4A OWArm wb anF

TMW RXAF PDR CWIGR 5892

I

FEDERAL ELECTION COMMISSIONWASHINGTON D( 2461

October 7, 1994

Robert T. Bennett, ChairmanOhio Republican Party172 East State StreetColumbus, OH 43215

RE: MUR 4073

Dear Mr. Bennett:

This letter acknowledges receipt on October 4, 1994, ofyour complaint alleging possible violations of the FederalElection Campaign Act of 1971, as amended ("the Act"). Therespondent(s) will be notified of this complaint within fivedays.

You will be notified as soon as the Federal ElectionCommission takes final action on your complaint. Should youreceive any additional information in this matter, pleaseforward it to the Office of the General Counsel. Suchinformation must be sworn to in the same manner as the originalcomplaint. We have numbered this matter MUR 4073. Please referto this number in all future communications. For yourinformation, we have attached a brief description of theCommission's procedures for handling complaints.

Sincerely,

Mary L. Taksar, Attorney

Central Enforcement Docket

EnclosureProcedures

FEDERAL ELECTION COMMISSIONWASHINCTON. DC 463

October 7, 1994

Wanda Kuhns# TreasurerTed Strickland for CongressP.O. Box 5801337 Thomas HollowLucasville, OH 45648

RE: NUR 4073

Dear Ms. Kuhns:

The Federal Election Commission received a complaint whichC't indicates that Ted Strickland for Congress ("Committee") and

you, as treasurer, may have violated the Federal ElectionCampaign Act of 1971, as amended ("the Act"). A copy of thecomplaint is enclosed. We have numbered this matter MUR 4073.Please refer to this number in all future correspondence.

Under the Act, you have the opportunity to demonstrate inwriting that no action should be taken against the Committee andyou, as treasurer, in this matter. Please submit any factual orlegal materials which you believe are relevant to theCommission's analysis of this matter. Where appropriate,statements should be submitted under oath. Your response, whichshould be addressed to the General Counsel's Office, must besubmitted within 15 days of receipt of this letter. If noresponse is received within 15 days, the Commission may takefurther action based on the available information.

This matter will remain confidential in accordance with2 U.S.C. 5 437g(a)(4)(B) and 5 437g(a)(12)(A) unless you notifythe Commission in writing that you wish the matter to be madepublic. If you intend to be represented by counsel in thismatter, please advise the Commission by completing the enclosedform stating the name, address and telephone number of such

counsel, and authorizing such counsel to receive anynotifications and other communications from the Commission.

Wanda Kuhns, TreasurerTed Strickland for CongressPage Two

If you have any questions, please contact Joan Mcznery at(202) 219-3400. For your information, we have enclosed a briefdescription of the Commission's procedures for handlingcomplaints.

Sincerely,

Mary L. Taksar, AttorneyCentral Enforcement Docket

Enclosures1. Complaint2. Procedures3. Designation of Counsel Statement

FEDERAL ELECTION COMMISSIONWASHINCTON. D C 2041

October 7, 1994

Representative Ted StricklandP.O. Box 5801337 Thomas HollowLucasville, OH 45648

RE: MUR 4073

Dear Mr. Strickland:

The Federal Election Commission received a complaint which

indicates that you may have violated the Federal Election

Campaign Act of 1971, as amended ("the Act"). A copy of the

complaint is enclosed. We have numbered this matter MUR 4073.

Please refer to this number in all future correspondence.

Under the Act, you have the opportunity to demonstrate in

writing that no action should be taken against you in this

matter. Please submit any factual or legal materials which you

believe are relevant to the Commission's analysis of this

matter. Where appropriate, statements should be submitted under

oath. Your response, which should be addressed to the General

Counsel's Office, must be submitted within 15 days of receipt of

this letter. If no response is received within 15 days, the

Commission may take further action based on the availableinformation.

This matter will remain confidential in accordance with

2 U.S.C. 5 437g(a)(4)(B) and 5 437g(a)(12)(A) unless you notify

the Commission in writing that you wish the matter to be made

public. If you intend to be represented by counsel in this

matter, please advise the Commission by completing the enclosed

form stating the name, address and telephone number of such

counsel, and authorizing such counsel to receive anynotifications and other communications from the Commission.

Representative Ted StricklandPage Two

If you have any questions, please contact Joan McEnery at(202) 219-3400. For your information, we have enclosed a briefdescription of the Commission's procedures for handlingcomplaints.

Sincerely,



40FEDERAL ELECTION COMMISSIONWASHINGTON. D C 2046)

October 7, 1994

Frances StricklandP.O. Box 5801337 Thomas HollowLucasvill@, OH 45648

RE: MUR 4073

Dear Ms. Strickland:

The Federal Election Commission received a complaint whichindicates that you may have violated the Federal ElectionCampaign Act of 1971, as amended ("the Act"). A copy of thecomplaint is enclosed. We have numbered this matter MUR 4073.Please refer to this number in all future correspondence.

Under the Act, you have the opportunity to demonstrate inwriting that no action should be taken against you in thismatter. Please submit any factual or legal materials which youbelieve are relevant to the Commission's analysis of thismatter. Where appropriate, statements should be submitted under

'K'. oath. Your response, which should be addressed to the GeneralCounsel's Office, must be submitted within 15 days of receipt ofthis letter. If no response is received within 15 days, theCommission may take further action based on the availableinformation.

This matter will remain confidential in accordance with2 U.S.C. 5 437g(a)(4)(B) and 5 437g(a)(12)(A) unless you notifythe Commission in writing that you wish the matter to be madepublic. If you intend to be represented by counsel in thismatter, please advise the Commission by completing the enclosedform stating the name, address and telephone number of suchcounsel, and authorizing such counsel to receive anynotifications and other communications from the Commission.

0 0Frances StricklandPage Two

If you have any questions, please contact Joan McEnery at(202) 219-3400. For your information, we have enclosed a briefdescription of the Commission's procedures for handlingcomplaints.

Sincerely,



er ~

~

afz 2

CONGRESS * 6TH DISTRICTP.O. Box 580, Lupasville, OH 45648

614-219-3770

October 21, 1994 f.'

General Counsel's OfficeFederal Election Commission999 E Street, NWWashington, D.C. 20463

Re: MUR 4073

Dear Sir,

We believe the attached affidavit will show there was no violation of the FederalElection Campaign Act of 1971, as amended.

Instead, every effort was made to construct the type of agreement that precludedthe need to forgive campaign debt because the funds were not available to pay by simplynot incurring the debt until such time as the funds became available.

We understand such a "debt forgiveness" clause has now been proposed. Had thatoption been available in 1992, ther would have been no need for the type of agreementthe campaign established with Frances Strickland.

Sincerely,

Ted StricklandMember of Congress

-4, : -:- -, td tr',(k in F , (, fomrn Itte A anda Kuhns. Treasurer 1 (0 Box rtn, Luca ,, ()]

Wanda KuhnsTed Strickland for CongressCampaign Treasurer

A-)I~ IV n,. u 4ccieb

-' t "-

W"

AFFIDAVIT Re- MUR 4073

Ted Strickland and Ted Strickland for Congress, Wanda Kuhns, Campaign Treasurer,being first duly sworn, state and aver that the following statements, based on personalknowledge and information, are true

On April 28, 1992. Frances Strickland entered into an agreement with the Ted Stricklandfor Congress campaign committee lbr her services as campaign manager The agreementstates she will be paid only if the candidate wins the General election and then, only ifthe money becomes available. See (Exhibit A) The agreement was set up in thismanner so, in the event the candidate did not win the election or money did not becomeavailable, there would be no personal outstanding campaign debt with which to contend.We also wished to avoid the possibility of violating FEC regulations by havingoutstanding debt which could be considered excess contributions if we were unable topay it.

If there is any question as to whether or not Frances Strickland actually provided servicesto the campaign, witnesses can be provided to attest to the fact.

Based on this agreement, it is our contention the amounts paid to Frances Stricklandbecame a debt only after we were assured the funds were available to discharge all otherdebt and our "Report of Receipts and Disbursements" were properly filed.

In accordance with the statements above, we wish to make the following responses toMr. Bennett's allegations-

1. Item 11 of the affidavit states the total of $7,000.00 paid to Frances Stricklandfor her services as campaign manager were required to be noted and reported asexpenditures during the course of the 1992 Primary and General Elections.

The fact is. the expenditures were not made "during the course" of said elections,did not become a debt until after the General elections, and then only when wewere assured the funds were available.

2. Item 12 of the affidavit states we are in violation of I ICFR104. 1 (a), (b), and(d), in that the debt to Frances Stnckland was not reported when incurred.

Based on the aforementioned agreement. (Exhibit A). the $7,000.00 paid toFrances Stnckland in 1993 did not become a debt until the provisions of theagreement were met. The candidate had to %in the General Election and themoney had to be available If the money had not become available, there wouldhave been nothing due Frances Stnickland. In our estimation, the debt to FrancesStnckland was reported when incurred.

3. Items 13 through 15 of the affidavit state we are in violation of I ICFRI04.13requiring the services of Frances Strickland to be reported as "in-kind"contributions.

Until such time as the provisions of the agreement were met, the services ofFrances Strickland were made on a volunteer basis. 1CFR301 (B)(i) states*

(B) The term "contribution" does not include-

(i ) the value of services provided without compensation by anyindividual who volunteers on behalf of a candidate or politicalcommittee.

Quoting from the 1993 FEC Campaign Guide, Chapter 6, Section 3, VolunteerActivity:

Personal ServicesAn individual may volunteer personal services to a campaignwithout making a contribution as long as the individual is notcompensated by anyone for the services ....... Volunteer activityis not reportable.

We contend the services of Frances Strickland were on a strictly volunteer basisuntil the terms of the agreement were met and, therefore, could not be reported as"in-kind" contributions. At the time of the services, they were provided with noguarantee that payment would ever be made.

4. Items 16 and 17 of the affidavit provide, based on the complainant'sassumptions in items 13 through 15, Frances Strickland made excesscontributions to the Campaign totaling $7,000.00

It is precisely because of the concern of excess contributions in the event of thecampaign's inability to pay the S7.000.00 fee that Frances Strickland insisted onthe provisions as stated in the agreement Therefore, we contend that FrancesStrickland did not make excess contributions and that her service was volunteeractivity as described in the FEC Campaign Guide. Chapter 6. Section 3, untilsuch time as the terms of the agreement (Exhibit A) were met.

5. Item 18 of the affidavit states we violated I ICFR1 10(bX3Xii) by failing tocarry and report the debt and obligation to Frances Strickland, as of the time ofthe Primary and General elections of 1992

Again. based on the provisions of the agreement, (Fxhibit A). there was no debtor obligation outstanding at the time of either the Primar, or General Elections of1992. There was no debt unless and until the funds became available Thesecond term of the agreement was met in 1993 when it became apparent the otherdebts of the campaign could be paid and the funds became available to payFrances Strickland. The terms of the agreement were met and Frances Stricklandwas subsequently paid the $7,000 00 due her as campaign manager.

Ted Stnckland

Wanda Kuhns, Campaign TreasurerTed Strickland for Congress

Sworn to before me. and subscribed in my presence this 2.5'dav of 1 _ 1994.

NotaryPublIdMv commission expires . " j 4

e 0EXHIBIT A

The Ted Strickland for Congress Campaign Committee and FrancesStrickland hereby enter into the following contractual agreement.

I Frances Strickland will serve as the campaign manager for theduration of the campaign at no charge to the campaign. Her duties shallinclude overseeing all phases of the campaign, writing or approving pressreleases. consulting with media and fund raising consultants speaking forthe candidate when necessary. and other other duties as may becomenecessary.

2. If the candidate wins the General election and if the funds areavailable, Frances Strickland shall be paid the sum of Seven ThousandDollars ($7.000.00) for her services.

This agreement is entered into this 28th day of April. 1992.

Frances Strickland

Wanda Kuhns, Campaign Treasurer

9-n 4073

NAM O COF LEL8 Judy Corley

ADDRlESS:

TELE HONE:

0? D ATIOW O QW L

Democratic Con ressional Campaign Committee

430 South Capitol Street

Washington, DC 20003

202-434-1622

The above-named individual is hereby designated as my

counsel and is authorized to receive any notifications and other

communications from the Commission and to act on my behalf before

the Commission.

Date Signature

Ted Strickland andRES IPTS MANZI Ted Strickland for Congress

ADDRES: P. 0. Box 580

1337 Thomas Hollow Road

HONE PHONE:

BUSISS PHONE:

Lucasville, OH 45648

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BEFORE THE FEDERAL ELECTION Sf0WdDI 25

In the Matter of ) SENSITIVE) Enforcement Priority

GENERAL COUNSEL'S MONTHLY REPORT

I. INTRODUCTION

This report is the General Counsel's Monthly Report to

recommend that the Commission no longer pursue the identified

lower priority and stale cases under the Enforcement Priority

System.

II. CASES RECOMMENDED FOR CLOSING

A. Cases Not Warranting Further Pursuit Relative to OtherCases Pending Before the Commission

A critical component of the Priority System is identifying

those pending cases that do not warrant the further expenditure

of resources. Each incoming matter is evaluated using

Commission-approved criteria and cases that, based on their

rating, do not warrant pursuit relative to other pending cases

are placed in this category. By closing such cases, the

Commission is able to use its limited resources to focus on more

important cases.

Having evaluated incoming matters, this Office has

identified 22 cases which do not warrant further pursuit

relative to the other pending cases.1 A short description of

1. These matters are: PM 305; MUR 3976; MUR 4023; MUR 4026;

MUR 4031; MUR 4032; MUR 4036; MUR 4050; MUR 4051; MUR 4052;

MUR 4055; MUR 4056; MUR 4058; MUR 4063; MUR 4068; MUR 4072;

MUR 4073; MUR 4075; MUR 4078; MUR 4081; MUR 4082; and MUR 4083.

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each case and the factors leading to assignment of a relatively

low priority and consequent recommendation not to pursue each

case is attached to this report. See Attachments 1-22. For the

Commission's convenience, the responses to the complaints for

the externally-generated matters and the referral for the

internally-generated matter are available in the Commission

Secretary's office.

B. Stale Cases

Investigations are severely impeded and require relatively

more resources when the activity and evidence are old.

Consequently, the Office of General Counsel recommends that the

Commission focus its efforts on cases involving more recent

C activity. Such efforts will also generate more impact on the

current electoral process and are a more efficient allocation of

our limited resources. To this end, this Office has identified

9 cases that have remained inactive and assigned to the Central

Enforcement Docket for one year and which it believes do not

warrant further investment of significant Commission resources.2

Since the recommendation not to pursue the identified cases is

based on staleness, this Office has not prepared separate

narratives for these cases. However, for the Commission's

convenience, the responses to the complaints for the

externally-generated matters and the referrals for the

internally-generated matters are also available in the

2. These matters are: MUR 3828; MUR 3829; RAD 93L-73;RAD 93L-75; RAD 93L-78; RAD 93L-83; RAD 93L-84; RAD 93L-88;and RAD 93L-91.

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Commission Secretary's office.

This Office recommends that the Commission exercise its

prosecutorial discretion and no longer pursue the cases listed

below effective February 21, 1995. By closing the cases

effective February 21, 1995, CED and the Legal Review Team will

respectively have the additional time necessary for preparing

the closing letters and the case files for the public record for

these cases.

III. RECOMMENDATIONS

A. Decline to open a MUR and close the file effectiveFebruary 21, 1995 in the following matters:

1) PAD 93L-732) RAD 93L-753) RAD 93L-784) RAD 93L-835) RAD 93L-846) RAD 93L-887) RAD 93L-91

B. Decline to open a MUR, close the file effectiveFebruary 21, 1995 and approve the appropriate letter in PM 305.

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C. Take no action, close the file effective February 21,1995, and approve the appropriate letter in the followingmatters:

1) MUR 38282) MUR 38293) MUR 39764) MUR 40235) MUR 40266) MUR 40317) MUR 40328) MUR 40369) MUR 4050

10) MUR 405111) MUR 405212) MUR 405513) MUR 405614) MUR 405815) MUR 406316) MUR 406817) MUR 407218) MUR 407319) MUR 407520) MUR 407821) MUR 408122) MUR 408223) MUR 4083

"atGeneral Counsel

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of ))Enforcement Priority )

AMENDED CERTIFICATION

I, Marjorie W. Emmons, Secretary of the Federal

Election Commission, do hereby certify that the Commission

decided by a vote of 6-0 on February 16, 1995, to take the

following actions with respect to the General Counsel's

February 13, 1995 report on enforcement priority:

A. Decline to open a MUR and close the fileeffective February 21, 1995 in thefollowing matters:

1) RAD 93L-732) RAD 93L-833) RAD 93L-88

B. Decline to open a MUR, close the fileeffective February 21, 1995 and approvethe appropriate letter in PM 305.

C. Take no action, close the file effectiveFebruary 21, 1995, and approve theappropriate letter in the following matters:

1) MUR 38292) MUR 40233) MUR 4036

(continued)

Federal Election Commission Page 2Certification: Enforcement PriorityFebruary 16, 1995

4) MUR 40505) MUR 40516) MUR 40527) MUR 40558) MUR 40639) MUR 407210) MUR 407311) MUR 407512) MUR 407813) MUR 408114) MUR 408215) MUR 3976

Commissioners Aikens, Elliott, McDonald, NcGarry,

Potter, and Thomas voted affirmatively for the decision.

Attest:

Date crMarjorie W. mmsonsiacretary of the Commission

FEDERAL ELECTION COMMISSIONWASHINC.1O DC 2M61

February 27, 1995

Robert T. Bennett, ChairmanOhio Republican Party172 East State StreetColumbus, OH 43215

RE: MUR 4073

Dear Mr. Bennett:

On October 4, 1994, the Federal Election Commission

received your complaint alleging certain violations of the

Federal Election Campaign Act of 1971, as amended ('the Act').

After considering the circumstances of this matter, the

Commission has determined to exercise its prosecutorialdiscretion and to take no action against Representative Ted

Strickland, Frances Strickland, and Ted Strickland for Congress

and Wanda Ruhns, as treasurer. See attached narrative.Accordingly, the Commission closedits file in this matter on

February 21, 1995. This matter will become part of the publicrecord within 30 days.

The Act allows a complainant to seek judicial review of the

Commissiones dismissal of this action. See 2 U.S.C.5 437g(a)(8).

Sincerely,

-1f . T&Co&A.

Mary L. TaksarAttorney

AttachmentNarrative

S 0

RUR 4073TED STRICKLAND FOR COUGDZS

The Ohio Republican Party filed a complaint alleging thatthe Ted Strickland for Congress Committee failed to timelyreport $7,000 in expenses incurred and debts owed to FrancesStrickland, the candidate's wife, for services as campaignmanager in the 1992 primary and general elections. Thecomplaint indicates that the Committee's 1993 July and 1994January Reports disclose a $7,000 disbursement to FrancesStrickland for services as campaign manager during 1992. Thecomplaint further alleges that as a result of this situation,Frances Strickland made $6,000 in excessive contributions tothe Committee.

In response to the complaint, the Committee states that itmade an agreement with Frances Strickland that she would not bepaid for her services as campaign manager unless the candidatewon the general election and money was available to compensateher. The Committee states that it set up the agreement in orderto ensure that it would not violate FECA by having outstandingdebt that could be considered an excessive contribution.According to the Committee, the $7,000 paid to FrancesStrickland did not become a debt until the provisions of theagreement were met and the Committee reported the debt whenit was incurred. The Committee attached a copy of the agreementwith Frances Strickland to its response.

This matter involves less significant issues relative toother matters pending before the Commission, a limited amount ofmoney, and there appears to be no serious intent to violateFECA.

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FEDERAL ELECTION COMMISSION.ASHINCTON Dc 2(Mb

February 27, 1995

Wanda Kuhns, TreasurerTed Strickland for CongressP.O. Box 5801337 Thomas HollowLucasville, ON 45648

RE: MUR 4073

Dear Ms. Kuhns:

On October 7, 1994, the Federal Election Commissionnotified you of a complaint alleging certain violations of the

Federal Election Campaign Act of 1971, as amended. A copy of

the complaint was enclosed with that notification.

After considering the circumstances of this matter, the

Commission has determined to exercise its prosecutorialdiscretion and to take no action against Ted Strickland forCongress and you, as treasurer. See attached narrative.Accordingly, the Commission close3'Tts file in this matter onFebruary 21, 1995.

The confidentiality provisions of 2 U.S.C. 5 437g(a)(12) no

longer apply and this matter is now public. In addition,although the complete file must be placed on the public recordwithin 30 days, this could occur at any time followingcertification of the Commission's vote. If you wish to submit

any factual or legal materials to appear on the public record,

please do so as soon as possible. While the file may be placedon the public record prior to receipt of your additionalmaterials, any permissible submissions will be added to thepublic record when received.

If you have any questions, please contact the CentralEnforcement Docket at (202) 219-3400.

Sincerely,


AttachmentNarrative

NUR 407321D STRICKLAND POR COUGRZSS

The Ohio Republican Party filed a complaint alleging thatthe Ted Strickland for Congress Committee failed to timelyreport $7,000 in expenses incurred and debts owed to PrancesStrickland, the candidatees wife, for services as campaignmanager in the 1992 primary and general elections. Thecomplaint indicates that the Committeeos 1993 July and 1994January Reports disclose a $7,000 disbursement to FrancesStrickland for services as campaign manager during 1992. Thecomplaint further alleges that as a result of this situation,Frances Strickland made $6,000 in excessive contributions tothe Committee.

in response to the complaint, the Committee states that itmade an agreement with Frances Strickland that she would not bepaid for her services as campaign manager unless the candidatewon the general election and money was available to compensateher. The Committee states that it set up the agreement in orderto ensure that it would not violate PICA by having outstandingdebt that could be considered an excessive contribution.According to the Committee, the $7,000 paid to PrancesStrickland did not become a debt until the provisions of theagreement were met and the Committee reported the debt whenit was incurred. The Committee attached a copy of the agreementwith Frances Strickland to its response.

This matter involves less significant issues relative toother matters pending before the Commission, a limited amount ofmoney, and there appears to be no serious intent to violatePICA.

FEDERAL ELECTION COMMISSIONVASHINCTOK. D C 2046

February 27, 1995

The Honorable Ted StricklandP.O. Box 5801337 Thomas HollowLucasville, OH 45648

RE: MUR 4073

Dear Mr. Strickland:

On October 7, 1994t the Federal Election Commissionnotified you of a complaint alleging certain violations of theFederal Election Campaign Act of 1971, as amended. A copy ofthe complaint was enclosed with that notification.

After considering the circumstances of this matter, theCommission has determined to exercise its prosecutorialdiscretion and to take no action against you. See attachednarrative. Accordingly, the Commission closed e file in thismatter on February 21, 1995.

The confidentiality provisions of 2 U.S.C. I 437g(a)(12) nolonger apply and this matter is now public. In addition,although the complete file must be placed on the public recordwithin 30 days, this could occur at any time followingcertification of the Commission's vote. If you wish to submitany factual or legal materials to appear on the public record,please do so as soon as possible. While the file may be placedon the public record prior to receipt of your additionalmaterials, any permissible submissions will be added to thepublic record when received.


Sincerely,


AttachmentNarrative

NUR 4073?X9D STICKLAND FOR CONGRUS

The Ohio Republican Party filed a complaint alleging thatthe Ted Strickland for Congress Committee failed to timelyreport $7,000 in expenses incurred and debts owed to FrancesStricklande the candidate's wife, for services as campaignmanager in the 1992 primary and general elections. Thecomplaint indicates that the Committee's 1993 July and 1994January Reports disclose a $7,000 disbursement to PrancesStrickland for services as campaign manager during 1992. Thecomplaint further alleges that as a result of this situation,Frances Strickland made $6,000 in excessive contributions tothe Committee.

In response to the complaint, the Committee states that itmade an agreement with Frances Strickland that she would not bepaid for her services as campaign manager unless the candidatewon the general election and money was available to compensateher. The Committee states that it set up the agreement in orderto ensure that it would not violate PECA by having outstandingdebt that could be considered an excessive contribution.According to the Committee, the $7,000 paid to FrancesStrickland did not become a debt until the provisions of theagreement were met and the Committee reported the debt whenit was incurred. The Committee attached a copy of the agreementwith Frances Strickland to its response.


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FEDERAL ELECTION COMMISSION

February 27, 1995

France* StricklandP.O. Box 5801337 Thomas HollowLucOsvillO, OH 45648

RE: MUR 4073

Dear Ms. Strickland:

On October 7, 1994, the Federal Election Commissionnotified you of a complaint alleging certain violations of theFederal Election Campaign Act Of 1971, as amended. A copy ofthe complaint was enclosed with that notification.

After considering the circumstances of this matter, theCommission has determined to exercise its prosecutorialdiscretion and to take no action against you. See attachednarrative. Accordingly, the Commission closed T-ts file in thismatter on February 21, 1995.

The confidentiality provisions of 2 U.S.C. 5 4379(a)(12) nolonger apply and this matter is now public. In addition,although the complete, file must be placed on the public recordwithin 30 days, this could occur at any time followingcertification of the Commission's vote. If you wish to submitany factual or legal materials to appear on the public record,please do so as soon as possible. While the file may be placedon the public record prior to receipt of your additionalmaterials, any permissible submissions will be added to thepublic record when received.


Sincerely,

Mary L.. TaksarAttorney

AttachmentNarrative

MIR 4073TID STRICKLAND FOR COIIGUESS

The ohio Republican Party filed a complaint alleging thatthe Ted Strickland for Congress Committee failed to timelyreport $7,000 in expenses incurred and debts owed to FrancesStrickland, the candidate's wife, for services as campaignmanager in the 1992 primary and general elections. Thecomplaint indicates that the Committee's 1993 July and 1994January Reports disclose a $7,000 disbursement to FrancesStrickland for services as campaign manager during 1992. Thecomplaint further alleges that as a result of this situation,Frances Strickland made $6,000 in excessive contributions tothe Committee.

In response to the complaint, the Committee states that itmade an agreement with Frances Strickland that she would not bepaid for her services as campaign manager unless the candidatewon the general election and money was available to compensateher. The Committee states that it set up the agreement in orderto ensure that it would not violate PICA by having outstandingdebt that could be considered an excessive contribution.According to the Committee, the $7,000 paid to PrancesStrickland did not become a debt until the provisions of theagreement were met and the Committee reported the debt whenit was incurred. The Committee attached a copy of the agreementwith Frances Strickland to its response.


FEDERAL ELECTION COMMISSION%AkSHICl1O, DC 2046)

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