FEDERAL ELECTION COMMISSIONWASNPITO. OC AM

IIS ISTIE IMIu OF

DIE FILME Y-X-CME av to. /2

mmm li d

urW Nart Cdb MsesreTucson, Arboom S571

May 31, 1996

Office Of The General CounselFederal Elections Commlsulo99 a Street, NWW %C 263

To The General Counsel,

I spoke today with Federal Election Commission Information Specal EriaMcMahon regarding the sworn complaint (concerning a then apparen ofArizona State Election Law) that I filed with the office of the Pima CoumtyAttorney dated May 21, 1996 (attached).

Subsequently, I understand from the Election Director for that State of Arlnmthat a "'gSeniie loophole in the law" exists under Arizona Law --= -defnition of "Cndidate": "'Candidate means an Individual who recedve r gstmconsent for receipt of a contribution for his nomination for or election to myoffice In this state other than a federal offigm."

Arizona state laws says: "A candidate's campaign committee shall nao Contributeor transfer monies to another candidate's campaign committee. This sublectionand the contribution limitations of this section do not apply to a ranfer orcontribution of monies made by a candidate's designated campaign committee toanother campaign committee designated by that same candidate."

As the Tucson Weekly correctly reported May 30, 1996: The cited trnsfer offunds from a local or state campaign "is legal. And we're sure MSie"nconributors will be happy to know he's happier giving away their meey thm taown.

In my opinion: 9 m e mI nder Asr aa la&. bat it m m.A L a

Please assume this scenario: A contributor has already given the maximmcontribution of S1,000 to a Congressona campaign.

Is It not possible to exceed that $1,000 limitation by the contributor then glkfunds to a local or state campaign for transfer to a Congressional campadg?

As Ms. McMahon and I discUssed: In this case (Supervisor Boyd's traim r ofLfunds to Congressman Kolbe), It "looks like contributions have been made In ianame of another which is pomibly a violation of Federal Law."

I, as a past Republican District Chairman (Arizona L.D. 12) and prent PtCommitteeman In wbich both Congressman Jim Kolbe's and Supervisor MbfBoyd's districts are located, would like a formal ruling from your ofc

Thank you in advance to your immediate comideration of this matter.

Sincerely yours,

"- T' OF

cor ,Sine Winchester Morey, 01mm7h. s -. ,5241O29745, tax 520-27

~ - -

DIVISION ECTIONS

96 AY21 PH lo32

68" North Calle Mecwe.-Tucson, Arizoa 8 : l

May 21, 1996

, UCSUI .rChtver J Rads, Deputy County Attorney

32 NaIlh Siam Avegm, #130T8. A701

Dear Mr. oads

As a qulIed dector of Pima County, The State of Arizona, I hereby ie a swormcomplaint with te office of the Pima County Attorney (as Is my right nuderA.LS. 1G-O L) to wit: a violation (s) of Arizona Revised Statues 16-9W(Coutrbulem Hiitadowms; civil penalty; definition) has apparenty o Inthat Supervisor Mike Boyd's campaign committee is apparently In vloltlm ofA.LS. "6.S G. "A candidate's campaign committee siNpil not -,.ari4but. ortranser males to another candidate's campaign committee."

Pleae reference:

Political Committee CAMPAIGN FINANCE REPORT (Pima County) for MikeBoyd Campdp Committee, 5441 N. Swan 4602, Tucson, AZ 85718 with phaf.number 2994689. 1ID# is 022-1994.

Page 2 lIsts: Comsittee Name: Mike Boyd Campaign and Report coveringperiod: January 1, 1995 to December 31, 199S.

Specifically, Schedule D-6, page 1POLITICAL COMMITFES lUsts:

NAM. Atrin Otv. Staft and ZIP

Jim Kolbe, CougssnmSKolbe 6Tucson AZ

Jim Kolbe, Con gr an% tlbe 96Tucson AZ

of I titled TRANSFERS TO OTht

Date of Tramferam=#nt

6/1/9S

9/11/95

$I##.".

$200.00

Thank you in advance for investigating this matter.WO CO AoMU( )

LL~L-jb -bt

dA1NOMAY PUSUC 1

Sincerely,

Samuel Winchester Morey, CItizm297-8858, fax-297-8881

if 4.1/96

VAi m. am UsO

Tucson AZ 65716

Mikem~ BD el ram M2Od N k 3. W.I "4

R~O P13W4, lam~T, G i--l-O-4- -EP= ING

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Si JJNE 30 ROR-,,,dSt. M ............................... Jium 1, IMS JIM 30. 11$6

l--PRE-PiMARY e. . . ........ AE I 22. 1NO6 lim. 3d. 19s

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PRE-G2ERAL F. P8CTION i. ..OR.. 17, so00NOW~~~~ ~ ~ ~ ~ ~ 1. a mwI ..... 0000000 0......ONW 17. Me oft =w 24. 1996

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s. lrAL rety V L. S OM OF M ........ ....

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Fedeiral Elections~ioAttemon: Ms MmI m Callwa,

Ant. to the Ant. Gour Co sed9" E Street, NWWashIngt., DC 2043

Dear Ms. Caflaway,

This Is to confirm our csmvrmtlon tody egrding dhoete I had umba tMy31, 19% to The Feeral so -_- _de-db (ee- L huod anpag 3 with w my sworm odt . wth the Pums Con Asmaw doledMay 21, 19% ftoud E 1Wltd emvq 4).

This is a re-submisim, af the sam leter (updated, 0x3J.ie IN thepresence of a notary pulc, aued, nmd shown M 2phmm dt origlaldid not meet the requirememts of the Federal Election Act at 191, 9

amended ("the Act") sad Csmlsmion RuItlom- which redi tha the coesotmof a complaint meet certain spedifc requare-ent.

I understand that o d wee Isi that cmlnt be I andsigned In the peee of a nelary nid

I underst dw the prrftned bom is "Sucribed nd sworn to bd m onthis day of 19.s

Please attach this to the ori subm om which sbows rmpt by Ow ouCounty Attormey.

Slmrely yours,

520.2974S5, fax - 2974NI

Subscribed and sworn to beftre m on this H-day Of -01 IMPi

6560 North Cane MeroTuemom Arizona 857

June 13, 1996

Office Of The General CounselFederal Elections Commission999 E Street, NWWasio DC 20463

To The General Counsel,

I spoke May 31, 1996 with Federal Election Commission Information SpecialistErica McMahon regarding the sworn complaint (concerning a then apparmtviolation of Arizona State Election Law) that I filed with the office of the PimaCounty Attorney dated May 21, 1996 (attached).

Subsequently, I understand from the Elections Director for that State of Arizonathat a "genuine loophole in the law" exists under Arizona Law baaLnnohadefinition of "Candidate": "Candidate means an individual who receives or givesconsent for receipt of a contribution for his nomination for or election to myoffice in this state other than a federal office."Arizona state laws says: 'A candidate's campaign committee shall not contributeor transfer monies to another candidate's campaign committee. This subsectionand the contribution limitations of this section do not apply to a transfer orcontribution of monies made by a candidate's designated campaign committee toanother campaign committee designated by that same candidate."

As the Tuson Weejl correctly reported May 30, 19%: The cited transfer ofrunds from a local or state campaign "is legal. And we're sure Mikey"scontributors will be happy to know he's happier giving away their money than kitown. "

In my opinion: It MW be eg unde Aizogg law. bug it certainlI is not da!

Please assume this scenario: A contributor has already given the maximumcontribution of $1,000 to a Congressional campaign.

Is It not possible to exceed that $1,000 limitation by the contributor then givingfunds to a local or state campaign for transfer to a Congressional campaign?

As Ms. McMahon and 1 discussed: In this case (Supervisor Boyd's transfer offunds to Congresman Kolbe), It "looks like contributions have been made in thename of another which is possibly a violation of Federal Law."

1, as a past Repubican District Chairman (Arizona L.D. 12) and present PrecinctCommitteeman In which both Congressman Jim Kolbe's and Supervisor MikeBoyd's districts are located, would like a formal ruling from your office.

Thank you In advance to your Immediate consideration of this matter.

Sincrely yours,.

520-297-8858, fax - 520-297-881

Subscribed and day of'if~

wit Ld-' .

EM~ 1. ..6W Nor Cale MNuTuc= Arnall 39718

May 31, 1996

Office Of The General ConMelFederal Eleckciou -Co am99 1 Stree NWWash vton, DC 246

To The General Counsel,

I spoke today with Federal Election Commission Information Specialist EricaMcMahon regarding the sworn complaint (concerning a then apparent violation ofArizona State Election Law) that I filed with the office of the Pima CountyAttorney dated May 21, 1996 (attached).

Subsequently, I understand from the Elections Director for that State of Arizonathat a "teaalne ioephe e t law" exists under Arizona Law ks amm tidefinition_ of "Cadiat": "Candidate means an Individual who receives or giva

consent for receipt of a contribution for his nomination for or election to myoffice In this state h ha a federal office."

Arizona state laws says: "A candidate's campaign committee shall not contributeor transfer monies to another candidate's campaign committee. This subsectionand the contribution limitations of this section do not apply to a transfer orcontribution of monies made by a candidate's designated campaign committee toanother campaign committee designated by that s candidate.o

As the Tuson Weekil correctly reported May 30, 1996: The cited transfer offunds from a local or state camaign "Is iqal. Aud were tare Mikey"acoti btorn wit be happy to k'ow s ppier giving away their awneey hi sOWX. to

In my opinion: ft AM u E A&i.. L bag i ain4 & not rht

Please assume this scenario: A contributor has already given the maximumcontribution of $1,039 to a Congressional campaign.

is it not possible to excee that $1,900 limitation by the contributor then givingfunds to a local or stat capaign for transfer to a Congremdonal campaip?

As Ms. McMahon and I discussed: In this ce (Supervisor Boyd's traer offunds to Congressman Kolbe), it "looks like contributions have been made In thename of another wbcb is posibly a violation of Federal Law."

i, as a past Republican District Chairman (Arizona L.D. 12) and present PrecinctCommitteeman in which both Congressman Jim Kolbe's and Supervisor MikeBoyd's districts are located, would like a formal ruling from your office.

Thank you In advance to your immediate coN1ideratioa of this matter.

Sincerely yours,

Samuel Winchester Morey, Citizm28-297-488, fx - 528-297431

3. of 4.

Exhibit 2.

6860 North Cal MecheroTucson, Arizona 85718

May 21, 1996

Christopher J. Roads, Deputy County AttorneyCivil Division32 North Stone Avenue, #1500Tucson, Arizona 55701

Dear Mr. Roads,

As a qualified elector of Pima County, The State of Arizona, I hereby file a sworncomplaint with the office of the Pima County Attorney (as is my right underA.R.S. 16.905 L.) to wit: a violation (s) of Arizona Revised Statutes 16-905(Contribution limitations; civil penalty; definition) - has apparently occurred, inthat Supervisor Mike Boyd's campaign committee Is apparently In violation ofA.R.S. 16905 G. "A candidate's campaign committee shall not contribute ortransfer monies to another candidate's campaign committee."

Please reference:

Political Committee CAMPAIGN FINANCE REPORT (Pima County) for MikeBoyd Campaign Committee, 5441 N. Swan #602, Tucson, AZ 85718 with phonenumber 299-7689. ID# is 022.1994.

Page 2. lists: Committee Name: Mike Boyd Campaign and Report coveringperiod: January 1, 1995 to December 31, 1995.

Specifically, Schedule D.6, page 1 of I titled TRANSFERS TO OTHERPOLITICAL COMMUtEES lists:

Name, Address, Cift. State. and ZIP Date of Transfer Amount of Tragsfe

Jim Kolbe, Congressman 6//95 $100.00% Kolbe '96Tucson AZ

Jim Kolbe, Congressman 9/1/95 $200.00% Kolbe '96Tucson AZ

Thank you in advance for investigating this matter.

Sincerely,

Samuel Winchester Morey, Citizen297-8858, fax.297.8881

4. of 4.&13096

aI June no, I M6860 Nodh Cdb WhdMTucuom, AZ OMa

RL MUR 439

Dear Mr. Morr

Thi leuw ad= its Un* an 3mO IlL 19K6 i(YOW coqil alei oleviolationsof UrnFeiinIw s -us -p"pAc of197l1,u ii C(4erAct"Tile - -- u-0os) wE bit gbift s O l w81-1 10 w1 dRYs.

You willbe ods0uma SWI Piul EselasC fOMvtA ! acto, onYour Coupaim OAmuq.w 'I~ s ~ ,p. wdto the Officedw- o aeCuuu. wt ~besvw us in d wsemr

numnber im dtryk ?U-SV h. umbseahl~uwb

EnloswePiocedures

-*60

'I i ex,

Paula MaxvWL, T mmMike Boyd Cumdi C5441 N. Swim. #Tucsn, AZ 85718

RE: WM 439

Dew Ms. Maxvm&-

The Fedwal Coiis '1msii a-m 1 hikdlen didt te ikeBoyd Campaign Ca Il ( -m ) p w m loinW may how violaid teFederal Electios C -- "Auid 1971. .. id ('te A Aa~ o(dbscompiqt isenclosed. We mdnIObads ,,, ma in A how

comnNmnd

be tn Aw .W h.or legal I 777, 14P ft WON

. .... "A A mid,,

Wbe -" - imm isfs hm*o

This nowa"uia'kmsthn % 2 U*AC. I 437saX4XB) on§437(aX2A) ft.~ua4Sem IIn wft **ys %W& t mrw to be

made ubk. yon"Is" mpw N ohm adlime the

of such couwu i md amodcommuni W "

Aincot~AMv 5. Smith a (203)UHI4W m

it~ Enfomatpr 1~AAMo

2. hooomwo3. DeuipiSMlo(CmeIW 8mWe

I ~ne n, su

William 11. ~K Iy, TtInrwKolbe '96P.O. Box 31SUTucson, AZ 05751

RE: MMR 4390

Dow Mr. Ku

The Fedud Ebh Caim msivid a c iM wbicbuScos du Kolbe '96and you. M m, as ew e M itS Fedami BI6decin Cinq~pl Act of 1971, mamended('s A4 ). A iM is cl wi d - We hamumbesd d erMUR 43"0. Phaam reb bied IIeno oponmdmee

Undr ft Ak IpqyWnI w* d w a witing dig so actim ibould

be tSi 7 wmom, WAabal

be addresse aft AS. L~4wk15~ frcito

thislear. Vm 6 0 IS dipake. Cmiim ~. khrmo

II&e r m W 2 USC. 43704XB) aid§ 4371(aXI2XA) lie wift to You wah do mw o bemade p tabIfyM f A co)oi mmd inB " mw pim Sivi te

Cominiib WSW" 1 ih soft ft un% of d suabnemkvrof succ emi.d mlo to vovuIW wv wio d oft

Th.A~

tykw~~Iin.p~Om coom Ahs 3. SmA th (202) 219-3400. Fa yew

Cuo~sT. Seslmide, M~m"

3.~CA Do"SCin

cc: TlHau I Jmms111msKolbe

r , .* , v , , , s ,

JOHN V. Mu"GeegCLARK W. MU6N@ERM

KAMN 6. "16IL^

SUSAN SAY LOWILLIS10ANK a. CeSA@tWleftJOY AYWoMAKAYWKlEW w. " 1RO@TV

"06CW, St. Law#*CRAIG pd. WOOiWOMTi-tOhMAS A. O9NKR

July 9, 1996

NATIONAL 8AN14 PLAZA

333 NdORTN WII.MOT. SUITIC SOO

vucio. AW4WA ISM(tO) Vat-MOO

PAx IM201 741-1OSO

Or

COLUJPSI[

LAWRENCC V ROBERTSON. -J

AO.COLORACO MONT&NA.*eUi~OA,. TEXAS. WV'OM*NO.

VO.1?,CY OPW COLUMOMA

OF C0VSCLO11S BATES

OPf COUNSEL.

OOARIRO Y OIAZAMMOGADOS

AV CONSTI'lUCNTrXS 34s IlISO

41630 MEXICO. 0 rP0 4O 871-3822 PAX Z71-36e%%

.LICENSED SOLELY IN MEXICOI

Colleen T. Sealander, AttorneyCentral Enforcement DocketFederal Election Commission999 E Street, NWWashington, D.C. 20463

Re: UM 4390

)r.o

M at--d .,f

Dear Ms. Sealander:

This firm represents Representative James'96 in the matters addressed in your letter ofPursuant to your invitation, this letter is toposition of Representative Kolbe and Kolbe '96those matters.

T. Kolbe and KolbeJune 25, 1996.inform you of thewith respect to

The only provision of the Federal Election Campaign Act thateven arguably might have been violated by the contributions inquestion is 2 U.S.C. S 441f, "Contributions in name of anotherprohibited." However, Kolbe '96 would be in violation of thatsection only if it "knowingly [accepted] a contribution made byone person in the name of another person." As the facts of thismatter clearly show, no such contribution was made, and Kolbe '96certainly did not knowingly accept such a contribution.

The contributions in question came about through twotransfers of funds to Kolbe '96 from Pima County, Arizona,Supervisor Mike Boyd's Mike Boyd Campaign Committee in the Summerand Fall of 1995. The total amount of these two contributionswas three hundred dollars ($300.00). As the enclosed affidavitof Supervisor Boyd shows, neither the intent not the effect ofthose transfers was to make a contribution to Kolbe '96 in thename of any person or entity other than the Mike Boyd CampaignCommittee.

"The purposes of the (Federal Election Campaign] Act are tolimit spending in federal election campaigns and to eliminate the

Page 2July 9, 1996

actual or perceived pernicious influence over candidates forelective office that wealthy individuals or corporations couldachieve by financing the 'political war-chests' of thosecandidates.' Orloski v. Federal Election Commission, 795 F.2d156, 163 (D.C. Cir. 1986) (citation omitted). As shown bySupervisor Boyd's affidavit, there has been absolutely no attemptby any person or entity -- wealthy or otherwise -- to makeunlimited campaign contributions to Kolbe '96 through the conduitof the Mike Boyd Campaign Committee. This conclusion that noviolation of campaign-contribution limits was intended oreffected by the contributions in question is further buttressedby the fact that a very small amount of money is involved.

Finally, and irrespective of the intent of the Mike BoydCampaign Committee in making the questioned contributions, itcannot possibly be said that Kolbe '96 "knowingly [accepted] acontribution made by one person in the name of another person."(Emphasis added.) To this day, Kolbe '96 has no reason tobelieve that the contributions were made by one person in thename of another within the meaning of 2 U.S.C. § 441f (or thatthose contributions violated any other state or federal law). Atmost, this matter involves a minor error in judgment by a valuedsupporter of Representative Kolbe. Therefore, we respectfullyrequest your office consider the matter closed.

If there is anything further we may do, please let us know.

Very t yru Yyours,

MUN MUNGER, P.L.C.

John unger

JVM: mbdaiiclosureD. \work\joam\2k*lbe& 94.tr

being duly sorn, upon his oath deposes and says

as follows:

1. On or about June 1, 1995, the Mike Boyd Campaign

Cowitteo made a transfer of one hundred dollars ($100.00) to

Kolbe '96.

2. On or about September 1, 1995, the Mike Boyd Campaign

Con ittee mode a transfer of two hundred dollars ($200.00) to

Kolbe "96.

3. The transfers of funds referred to in paragraphs (1)

and (2) above were made at my direction.

4. No person or entity asked, suggested, proposed,

re -n led, or in any way contributed to my decision that the

Mike Boyd Ca,-ign Committee make the transfers of funds referred

to "Ia . rIII 11-f (1) and (2) above.

S. The sole purpose for the transfers of funds referred to

in pxagmapbm (I) and (2) above was to make a contribution from

the Nike Boyd Caign Comittee to Kolbe ' 96.

6. The Ikm Boyd Campaign Comiittee is the true

contributor of the funds transferred to Kolbe '96 as referred to

in pareepLhm (1) and (2) above.

7. The transfers of funds referred to in paragraphs (1)

and (2) above were not, nor wre they intended to be,

contributions, s by one W rsoa in the name of another.

1

and (2) above had neither the purpose nor the effect of aiding

my person or entity in am edng any legal limitation on the

iuts that may be contributed to a federal election campaign.

9. The transfers of funds referred to in paragraphs (1)

and (2) above had neither the purpose nor the effect of

facilitating a contribution by any person or entity that is not

entitled to make a contribution to a federal election campaign.

10. There is no person or entity other than the Mike Boyd

Campaign Comnittee that can be said to have made a contribution

to Kolbe '96 by or through the transfers of funds referred to in

paragraphs (1) and (2) above.

FURTHER YOUR AFFIANr SAYETH UGCr

Mike Boyd"

Q7P~SUBSCRIBED, SWORN TO AND Aday of July, 1996, by Mike Boyd.

ownui 4o Expires:Dz~w~k\~ca~boy. _f

~-4-3

pllm,

John F. Munaer. -cn

Iunaer and Nunoer. P.LA % I

VADDRESS: 333 North Wilmot,* Suite 300

Tucson, Arizona 85711

TELEPHONE:( 520)721.1900

FAX:(520 J-747- isn

The above-named individual is hereby designated as my oounse md isauthorized to receive any notifications and other communicatios from theCommission and to act on my bef Commissio.

IV Ag!

RESPONDENT'S NAME:

ADDRES ft.-

-Kolbe '96

P.O. Box 31568

Tucson. Ari7nna R57 t

TELEPHONE: O LJ________

BUSESS( 620 mq

g VW

325- 1996

5R Vt!

1)

L~" IN"ODUSWONPGENERAL COUNSEL'S REPORT I

The cases listed below have been identified as either stale or of low

priority based upon evaluation under the Enforcement Priority System

(EPS). This is report is submitted to recommend that the Commission no

longer pursue these cases.

U. CASES RECOMMENDED FOR CLOSURE.

A. Cases Not Warranting Further Action Relative to Other CasesPending Before the Commission

EPS was created to identify pending cases which, due to the length of their

pendnc in inactive status or the lower priority of the issues raised in the

matters relative to others presently pending before the Commission, do not

warrat fumhw expenditure of resources. Central Enforcement Docket (CED)

evaluates ch incoming matter using Commission-approved criteria which

results in a numercal rating of each case.

Closing such cases permits the

Comm -k to focus W limited resources on more im t cases ....

pending beor e i& Based upon this review, we have identified 25 cases which do

2 -

*.

this report contain smmauries of each cae, the BPS rating and the factors

leadis to ssinmMt of a low pioty and recommnation oot to furdI

purwe the matter.

B. Stale Cases

Effective enforcement relies upon the timely pursuit of complaints and

referrals to ensure compliance with the law. Investigations concerning activity

more remote in time usually require a greater commitment of resources,

primarily due to the fact that the evidence of such activity becomes more remote

and consequently more difficult to develop. Focusing investigative efforts on

more recent and more significant activity also has a more positive effect on the

electoral process and the regulated community.

/

Ths cae xem MM 4M3 (WiL Thwms Ca in Committ; MMR 4347 a o.4Resaudt);MM 4354 (Brim Ske for Coqim); MUR 4367 (Philipstown Repuabiaws) MMR 431(EmbpientGrop) MMR 4373 (Cain. Ar Cmuerws) MUR 4374 (Mlw* StO*" fi Cwrga

Prim oina~U MUR 437 (Ikstfs, Candy Camwti Pwart) MUR 4377 (firtu firCbmVu) MUM 4379 (Tumr Load Lbuim Ma 135) MUR 4383 (Paubhn fir Congeu); MUR 4U4

..i Ca for ULS. Cmsc) MMR 43 (B.1 1Wtfor Sewkt and Comrm) MUR 4M M& ftMUR 439 (Pat AWWepr Camge CM~ SUR 439 (Ceei I. Bsu); MUR 43W (AFL.GMUR 446S (kzf fir Caig muNe) MMU 4411 (Rest EtwP dh eft*bm

4414 (1wifte-Xn Pr C CommA MV 46(Bt A.&)" -tUR 40LMap*r) MUR 4446 (Fr"fur Pm Rxyp) Ne-MU 33M (Xinwmur Conga.) amid Pi-PtU(0m96efir Cwsres.)

We ~atd c dwch have sem, ed o the

Enforcement~~ Doktfrasfi n eiod of time to rene them sale

12 are not worthy of further action, and merit closure.4

We recommnd that the Commission exercise its prosecutorial discretion

and direct closure of the cases listed below, effective April 1,1997. Closing these

cases as of this date will permit CED and the Legal Review Team the necessary

time to prepare closing letters and case files for the public record.

4Thma"S mu W (Eu~ 94 MUR4150( I*d) blR4257(DSCC)WMR 425

(NRSC ~ ~ ~ ~ QSC SmS~~A~ Miu) blUR UMf 4NR2 Iue.k b qj br 4m2

A. Decline to open a MUR, clme the file effective April 1, 1997, and

approVe de a r ae tter inthe Wli% matt

1. Pre-MUR 322

2. Pre-MUR 334

3. Pre-MUR 335.

B. Take no action, close the file effective April 1, 1997, and approve the

appropriate letters in the following matters:

1. MUR 4139

2 MUR 4150

3. MUR 4257

4. MUR 4258

5. MUR 4260

6. MUR 4261

7. MUR 4262

& MUR 4265

9. MUR 4272

10. MUR 4279

11. MUR 4284

12. MUR 4332

13.14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

MUR 4347MUR 4354

MUR 4367

MUR 4371

MUR 4373

MUR 4374

MUR 4375

MUR 4377

MUR 4379

MUR 4383

MUR 4384

MUR 4388

25.26.

27.

28.

29.

30.

31.

32

33.

34.

MUR 4390MUR 4391

MUR 4393

MUR 4397

MUR 4405

MUR 4411

MUR 4414

MUR 4418

MUR 4421

MUR 4448

~-.uI~ ~-

General Counsel

I . :, i' i~ : , I , ,e

=111 P T= E IDUA IMCTIMO CONK!88=O

Is the Mater of

Bnor~e~met PrioritySgenda DoWcet #Z97 -1

X, Marjorie W. Rmons, recording secretary for the

Federal ielction Commission executive session on March 11,

1997, do hereby certify that the Commission decided by a

vote of 5-0 to take the following actions with respect

to the above-captioned matter:

A. Decline to open a NUR, close the fileeffective April 1, 1997, and approvethe appropriate letters in the followingmatters:

Pre-NUR 322;Pro-Mur 334;Pre-MUR 335.

B. Take no action, close the file effectiveApril 1, 1997, and approve the appropriateletters in the following matterst

UR 4139;UMa 41S0;MU! 4257;KUR 42S1;MM 4260;MM! 4261;MU 4262;MU 4265;MU 4272;

10.11.

12.13.14.15.16.17.13.

UM 4279;NOR 4284;MO 4332;MUR 4347;MUR 4354;MUR 4367;KUM 43711MUR 4373;NUR 4374;

(continued)

U.tMesbatl.eO;k 1*19 97J Eftoremet Priority

m 4375sOM 4377,- 4379,

ama 4383sHm 4384,Mug 43891IMD 4390;MM, 43911

27.28.29.30.31.32.33.34.

MM 4393,WMa 4397,Ma 4405;UM 4411;MR 4414;Ma 4418tMR 4421;MMI 4448.

commissioers Aikens, lliott, McDonald, MGarry,

and Thomas voted affirmatively for the decision.

Attest:

Secretary of the CoamiLsion

Pae

19 .20.21.22.23.24.25.26.

Date

PR A ELECTION COMMISSION

April 1, 199?

Samuel W w -ceo o6360 North Calk MechermTucson AZ 85718

RE: MUR 4390

Dear Mr. Mom-:

On June 18, 1996, the Federal Election Commission receved your co M allegingcertain vkition of the Federal Election Campaign Act of 1971, as amended ("the Act").

After considering the circumstances of this matter, the Commission has de1mined toexercise its discretion and to take no action against the &pondens. f ataddnarrative. Accordinly, the Commission closed its file in this matte on April 1, 1997,1997.This matter will become Pn of the public record within 30 days.

Th Act 8llo a Complainant to seek judicial review of the Commissi's dismissal ofthis action. 2 U.SC. 4370a x8).

:O Sncerely.

F Andrew Tuoe%,Supeyvisry AttorneyCentral Enforcement Docket

AnachmentNarrative

(4wam O.Il.(w - # Wflflt#%.JVM % -14 Anamnesani

SmaW Mouwy dk9WAWImI "m w~mve die W* a Cs um K46619%6mi -lo c om i oql a ord Pmniae a -uma,

which "uhuqlarly olm*. d f c un a mir ei Kootss . -Am . Mr.fuw ales m it dnii tub rlooks lie b b ende in te - of

aioter." Boyd' comd repo ove 111/95-1231/9, whub was atahd to *ecomplan shows nfn waln S400 from B s committee to Kolbes commitee. Mr.Mor also cmplained o dhe St of Arizon because Mr. Boyd's trnfers may be ontary tostate law, citing A.R.S. 16-905 G, which Mr. Morey sumrizes as prohting af be encanddate campaign cowmitees.

Counsel for respondent Kolbe "96 states that the commitee received only two trauilersof funds totaling S300 from S pervisor Mike Boyd's commcitte. Remndent further hoKolbe *96 did not k'wil accet a contibution in the none of moathe when it acceped tefunds, and that it has no neson to beleve such was the case. Respondent concludes da thissituation appeared, at most, to reflect a minor enor in judgent by a valued suporter ofRepresentative Kolbe.

Respondent Mike Boyd states that the transfers were made at his direction as acontbution to Kolbe "96. These transfers were not, nor intended to'be, mude by one pmson inthe name of another. Likewise. Boyd denies that these paymenis we intended to aid anyone inexceeding campaign conribution limits or facilite a cotibution to be nd by anyone soentitled to make a contibution to a federal campagn.

This matter is less sagmticant relative to others pending before the Commission.

tDRLELECTION COMMISSION

April 1, 1997

n~ EBwyd C Ailpe5441 N. Swim, #602Tucson, AZ 85713

RE: MUR 4390

Der Ms. Maxwell:

On June 25, 1996, the Federal Election Commission noifie you of cmainalleging certain v ioletion of he Federa Election Campign Act of 1971, as mnded A copy

- of the coimpiint m aulosd with that notification.

cO After considering the circumstances of this matter, the Commission has determined tore. exrcise its proseculo tais adscMion and to take no action against the Mike Boyd Cunpai

Committee an you, as treasurer M attached narrative. Accordingly, the Commission closedits file In this on April 1, 1997.

,,.The f iy -W isi of 2 U.S.C. § 437(0X 12) no kle apply and tis maeris now public, in i -4diu- althcoh the complete file musit be placed on the public recowithin 30 lays, thwoddi ~ w ueflown etfct of tCm iumsvIf ou wish to asgi l ,e e materials to appwon the piMic rocl, plese do soassoon as poib"* *.Oefi m bephcd onft e pMic mod pri to ece ofymadditional material my pm b submissions will be aided to the public re d whenrmeived

If you have ny e ples contact Alva E. Smith at (202) 219-3400.

Sincerely

F. Andrew TurIpySupervisory AttorneyCentral Enforceim Docket

AttachmentNamtive

n47r'. LI

Sam Morey m ps i a nmu ls vAp w k Ih * ComWmaInm nKolbAcumpinlp lae casmrlbmd to Squlmorbm Mkike o I.aum s a local' __ couus a MAim

whicb amequestly nmmd , mosived i tnu r s Kbe e. -nMr. mosyther allees that tis trumnu "W lo i lke - Aontliou he been adein he ofanother." Boyds ommttee report covrtan 111/95-1213195, which wa attached to thecomplanm, shows tnfe utali $400 frm Bod's commitee Io Kolbe's commie. Mr.Morey also complained to the Stae of Anza because Mr. Boyd's ut rs may be contrary tostate law, citng A.R.S. 16-905 G, which Mr. Morey suuizs as prohibiting transfers bcandidate campign committees.

Counsel for resomnde-t Kolbe "96 sttes that the committee received only two tsfersof funds totaling S300 from Supervisor Mike Boyd's cmmittee. Respondent frther states thatKolbe '96 did not knowinly accep a contribution m the -ine of alwer when it accpfsd thefunds, and that it has no reason to believe such was the case. Respondent conchdes that thissituation appeared. at most, to reflect a minor error in judgment by a valued supporter ofRepresentative Kolbe.

Respondent Mike Boyd states that the transfers were made at his direction as aconibution to Kolbe '96 These trmsfers were not, nor intended to be, made by one perso i

the name of another. Likewise, Boyd denies that these paymets were intended to aid anyone inexceeding campaign contribution limts or facilitate a contibu*ion to be made by anyone notentitled to make a contribution to a federal campaign.

This matter Is less significant relative to others pnding before the Commission.

#V EA ELECTION COMMISSION

April 1, 1997

-m m Bm P .LC.Natmwf &~333 Nout WiNN, sle 300Tucson, AZ 85711

RE MUR 4390

Kolbe '96, William H. Kelley. Treasurer

Dear Mr. Kellev':

On Jui 25, 1996, the FdrW Election Commission notified your clients of a complaintco alleging cerain vionl ii of the Federal Election Campaign Act of 1971, as amended. A copy

of the rompla was alclosd with that notification

After d oe -- rcumstmces of this matter, the Commission has determined toexercise its pr -,tui di ... a nd to take no action against your clients. S0 anechednarrative Acordig1yde C"ties closed its file in this matter on April 1, 1997.

Thee a -16.a-ld::i, issm ol2 U.S.C § 437g(aXI2) no kerqaply anidi~s werisncic, Im .- d mplete file must be placed on the pubdi

within 3O y tine following certification ofthe o o vte.If you wis 0 1s1ii Isp n atenals to appear on the pIublic reo please do so

D as soon as pusibk. W1Ie4 e tie my be placed on the public record prior to receipt of youradditionl niwaij, y pjWbl adi issons will be added to the public rec whenreceived.

If you hov my o pl contact Alva E Smith d (202) 219-3400.

Sincerei%

F Andrew TurleySupervisory AttorneyCentral Enforcement Docket

AttachmentNarrative

(~&Nw a~w fW~vpp.%M1 .!Ih Annswv'rirw

Sid M ary gj~l us ~ m pw ai t toDe Cop.ma KM 1W

sine~. Ll1 coun.Ihuu. 1n-gui G, b . sunwmU, ms lohaibitin m Atlumin

fateoalensetha thos VelXk 1.oa "e oo tm he bmum md o the-of

complinshowsO uaiub wum 3400ft Doy's committ. to pKolbe' ls co se rRPwnstv Kolb 11"MomR also complained w the Sot of iia l ail MW. Boyd's unfrs nay be = a y toscota law, citing A.RS. 16J0 G. which MrW Morm sU po ibt ing transe r be ftmcandidate campaign coau-n-irnees9.

Counnselfor m -d. .Kofle 96 sas tho te comittee reeived oly tm trnsfasof fxnds touaing S300 from Mie Boyd's a ni it. Rs d s Stoh

Kolbe 96f Idid no knowingly WFa a Icow i slon in tse of aothe wha it accepled thefunds, and to it has no ninto blev such w the cue. Respondent rwa l hdat thissituation appaed. at nom i tre a manor ror In judpnm by a valued supof n ofReprse aive Kolbe.

Respondent Mike Bodsume dt the tuasmfers war v at his diretion acontnbtaaon to Kolbe '96. These trmfe ire w ot nr intended to, be, made by ow e penom inthe name of another. Likewise. Boyd dcos that thesie pynmns were intended to aid aay inexceeding campaign coingiboeim hss er fclita a e*it iion Wobe aude by an nXentlitled to make a Icantrbmtii to a ena cmmia

This mate Is lea.. . . cWi to Odlen pondin before the Comimission.

FEW EAL ELECTiON ISSIOWASHONTON D.C. W

THIs IS1 RE F R IM

WE! F I LD CmM ND* -L

* N