40

B OCT 1976

R Ionald L. DVrakeOn. ,.rmiter Way# INOWS S

Mtianta, Ga. 33-

Dea On . Mct e : r lv6. th y t d to

ad 441d7 he Cti5*e Mi tatheeaS oe

t beian 0 a violation ot io e s t ainqioYno a~ h ed thaah"

s had . e. stantially or Willfullyoan and hlati o t s e achiev d-Aor 9 t_ COi5' i t close its file in this

W A copYgo the CoUIi5ifS@t~ Ud the

matter-.. ,_=.~ nt~ and te

A C oPY e is .Closed for your infor"ation

If yu hve ay qe~ti~U leAse contact Gloria R. Sultan,Geral CO =nseA s Teor -, aesesingn,.ed to

It vou nh ,,- any quitt,, al. the.,, ' att r e

eephon no. 2 0 2 /382-441)

this matter. SincerelY yours,

General (o13kel

Ignlos're5

OF QIID

i i

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of

Ronald L. DrakeMUR 214A (76)

CERTIFICATION

I, Marjorie W. Emmons, Secretary to the Federal Election

Commission, do hereby certify that on October 5, 1976, the

Commission determined by a vote of 5-0 that there was

no reason to believe that a violation of the Federal Election

Campaign Act of 1971, as amended, had been committed in the

above-captioned matter. Voting that there was no reason to

believe were Commissioners Aikens, Harris, Springer, Staebler,

and Thomson. Commissioner Tiernan was not present.

Accordingly, the file in this matter has now been closed.

c$arjorie W. EmmonsSecretary to the Commission

OFFi.

9

w *.

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of )MUR 214A(76)

Ronald L. Drake )

GENERAL COUNSEL'S REPORT

I. Allegations

Complaint, filed by Charles W. Williams. Jr., alleges

that certain communication (newspaper ads, direct mailings

and flyers) advocating the election of respondent failed

to include proper notice a required by 2 U.S.C. S441d.

Further examination revealed that as solicitation letter

IT on the "Drake for Congress" letterhead failed to include

r-. the 435 (b) notice.

II. Evidence

A preliminary inquiry letter was sent to respondent

with a copy of the complaint and enclosures thereto.

Respondent in answer to the complaint informs the Commission

that two of the ads were placed without his knowledge or

that of his committee (see Exhibits A and B attached);

Further, he states that the ad in the Independent Sentinel

was placed by his authorized committee and did contain

FtD ! 'C 2,-

OFFICE Ur

-2-

disclaimer language at the time of submission to the

newspaper but the disclaimer was not printed by the

newspaper (See Exhibit C attached). The letter

dated May 12, 1976 did not contain the 435(b) notice;

however, the committee has placed a disclaimer and

435(b) notice on subsequently printed matter (Exhibit

D attached).

III. Analysis and Recommendation

In view of the explanations offered by respondent

and remedial efforts to comply with the provisions

of the Act, it is recommended that the complaint be

dismissed.

IV. Conclusion

Close file. Send attached letters.

DATE: ~1IK

1 0

FEDERAL ELECTION COMMISSION

1325 K STRE [I N.WWASHINGION,) .C. 20463

8111 September 24, 1976

Mr. Charles W. Williams, Jr.

437 Armour Circle, N.E.

Atlanta, GA 30324

Re: MUR 214B (76)

Dear Mr. Williams:

On September 21, 1976, the Commission voted to

terminate its inquiry into the alleged violations of

2 U.S.C. §§435(b) and 441d against Ken Butterworth.

The Commission determined that there was no reason

to

believe the Federal Election Campaign Act of 1971, as

amended, had been either substantially or willfully

violated and that voluntary compliance had been achieved.

Accordingly, the Commission intends to close its file

* in this matter.

A copy of the Commission's determination and the

General Counsel's Report is enclosed for your information.

Sincerely yours,

Jo pn G. Murp yrGneral Counsel

nclo sCoUSEL

Enclosures

7

M. C. AaU.I z"IA. .

$39Otk.e~Do=~4 Ur el5

2 U.*S.C $54% v3o1#that there w"s noILaElection) Cawaign Aft, o.4t 1f,either suabstantially, OTr vklfily, V10446volgnar OspUiano* had blees aai*d.the Commission intends to Oclde-Its Wei

ACOOrdingiyf£i this matter.

A copy -of the ICam, sioI!' 4terixation end t~oGeneral Cousel ' Report is *A010O~4 for- Your f*zsi.if you, have any qtaetionsW, O1s ontact GlorSuaitton(telephone wo 202/382-4043', beattorney 46signed- to,this 'matter.

SASOar"Y' Your* ,

SigrMed- Jeh .vupl z

John~ a. x4iryJr

? #~

Enclosures

GSulton :mpc: 9/23/76

cc: MUR 2149 FileGSChron

FED UtAIFl TO!

OiCE IF lawjIcU1 s

V

A

V

'1*~ vf-

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of )) MUR 214B (76)

Ken Butterworth )

CERTIFICATION

I, Marjorie W. Emmons, Secretary to the Federal Election

Commission, do hereby certify that on September 21, 1976,

the Commission determined by a vote of 5-0 that there was no

reason to believe that a violation of the Federal Election

Campaign Act of 1971, as amended, had been committed in the

above-captioned matter. Voting that there was no reason to

believe were Commissioners Aikens, Harris, Staebler, Thomson and

Tiernan. Commissioner Springer was not present. Accordingly,

the file in this matter has now been closed.

(arjorie W. EmmonsSecretary to the Commission

FDRA rJFCT1fT{

OrJFcE

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of))MUR 214B (76)

Ken Butterworth

GENERAL COUNSEL'S REPORT

I. Allegations

Complaint filed by Charles W. Williams, Jr., alleges

that certain communications (newspaper ads and direct

mailings) advocating the election of Respondent failed

to include proper notice as required by 2 U.S.C. S44ld.

Further examination revealed that an advertisement soliciting

contributions failed to include the required statement

under 2 U.S.C. §435(b).

II. Evidence

Copies of the communications complained about were

submitted by complainant. Respondent, in answer to the

preliminary inquiry, stated that there was no intention to

violate the provisions of the Act; that the Marietta Daily

Journal failed to follow instructions in the first advertise-

ment submitted by the Committee for June 30, 1976 publication;

that corrective measures were taken immediately upon learning

of the June 10 and June 20, 1976 ads. Further, the candidate

was unsuccessful in the primary and no other advertising

is contemplated (see attached letter).

4P 4 0- 2 -

III. Analysis and Recommendation

In view of the explanation offered by respondent

and the fact that no further advertising is contemplated,

it is recommended that the complaint be dismissed.

IV. Conclusion

Close file. Send attached letters.

hn G. MTurY77\enera1 Coun %el~

N.

DATE: IN %P

.~46

RONALD L. DRAKE 3'ATTORNEY AT LAW

ONE PERIMETER WAY N.W. 0 SUITE 400

ATLANTA, GEORGIA 30339

(404) 433-2442

September 8, 1976

Federal Election CommissionMr. David R. SpiegelDeputy Asst. General Counsel 7622041325 K Street N.W.Washington, DeC. 20463

RE: MUR 214A (76)

Dear Mr. Spiegel:

In reference to the complaint designated above, myN response thereto is set out below, point by point.

1. The eihibit which states "Paid for by Rodney Mitchell,Sr." was placed without the prior kn~wledge or approval of me orthe Drake for Congress Committee and thus was beyond our controlin terms of content or disclaimer.

2. The exhibit which states "This ad paid for by supportersof Ron Drake" appears to have taken some of its content from ourcampaign material, but it was placed without the prior knowledgeor approval of me or the Drake for Congress Committee and thuswas beyond our control in terms of content or disclaimer.

3. The exhibit which ends "Elect Ron Drake, Democrat,N. Congressman, 7th District" appearing in the Independent Sentinel

is one placed by the Drake for Congress Committee. I am informedby the representative of the committee who placed the ad, thatwhen he submitted it for publication, he designated a place on thecopy for the disclaimer and fully intended that the disclaimer appearthereon. Thus, our position is that the omission occurred as theresult of an unintentional error or misunderstanding by the newspaper,and was certainly not willful or intentional on the part of theDrake for Congress Committee or by me. I had no prior knowledgenor did I approve the content of the ad in question.

4. The exhibit being a letter dated May 12, 1976 addressed"Dear Educator" was printed on stationery which does not carrylanguage expressly designated as a disclaimer. However, it is myposition that the top portion of the letter, being an integral partthereof which states: "DRAKE FOR CONGRESS", P. 0. Box 1244,

OFF3DT ,,,

Page 2

IN 2l4A (76)

Smyrns, Geogi 30080, 433-2442, Douglas, 9rooks, Chairman,Ed Bucknetv Treasurer, and the signatures affixed at the ed4

* said l~t t i certainly suffIcient to show tither ea ely oby ressoreIseimplication (a) the names of the commun~oarts,* ~(b) te *"Lers of the communicating committee,#c Pe drsand phone nUaber of the communicating committee, ~d that the.communication is authorized by the committee therein specificallynamed# and (a) that it Is paid for by the committee specificaltynamed therist,,,and thus represents a good faith effort to complywith the statut% which we request to be construed as substaftUMalcompliance, thereby negating any Issue of willful noncompliance*Furthor, this letter does not constitute a direct solicitation.

0 of funds.In an effort to avoid this type of issue, once the committee* Nlearned that'there were certain disclaimer requirements, subsequent

printed stationery and other campaign literature carried thefo~lowing express disclaimer thereon: *Prepared and paid forby the Drake for Congress Committee, P. 0. Box 1244 Smyra Geo~gia30080. A copy of our report is on file with the Federal Electione Commission in Washington, D.C. and is aveilbble for purchase".e

or yThere was no Intention by the Drake for Congress Committeeo bymelto willfully fail to comply with the statute.

V in reference to the complaint shown to be a letter datedJuly 299 1976, from abc School Supply, Inc. 437 Armour Circle N.C.,Atlanta, Georgia 30324, Charles W. Williams, Jrs, Pres., I submit

N that as a matter of law on its face it fails to meet' theitetatorypiovibions to eonstitutb a Valid complaint as follows:

1I The letter complaint does not comply with the requirementof the statute for a sworn complaint in that, while it appears tocarry a notary's signature (which is unclear on the copy furnishedto me by the.Commission), there is no showing that this Is sworn tonor thatthe signature was acknowledged by Mr. Williams, nor doI find a notary seal or date of axpiration of commission* I contendthat this type of signature and notarization would be insufficientto make a case for false swearing, and as a matter of law wouldconstitute an absolute defense by Mr& Williams to any charge orindictment therefor Thus, the complaint must fail as a matterof law.

2. The complainant makes a demand therein that ito namenot be disclosed, which violates the apparent intent of theftatut to locourage a conciliation agreement, as set out is1437g(-)(5)(A,), and certainly would tend to work a hardship oand be unfar to the affected prson to be unable to know the nameof his accuser, which happens to be import ant in this instuent, nbecause the omplain nt' is a corporation. tr ure Eare th

OFFICE C.

Pogo 3.W.V ld L. DtikeuR 214(A) (76)

3. The letter complaint t8 submitted on corporatestationery, crlstino a prima facie presumption that it was.pad f;tO by such coporatLon. In fact, the complaint is 'ig dby Pr Willams In his capacity as an officer of such c.:p #.Onto-wit,.Pross(c),. One of the officers of the Drake Fow, 0e6iCommittee Is prepared to come forward to testify undoa th thatPro Williams we and remains a campaign worker on behalf of"Congressmean Learence McDoneld, the incumbent candidate , whasubsequently won the primary electLon. Thereforeq this et offacts presents another prima facie presumption that the lehtrcomplaint was for the benefit of the-candLdecy of CangresmMcDonald, thus constituting an in kind rorpe*rte.contt~bet"iefthe value of the stationery and the time expended therwn-'bytleofficer of the complainant corporation. This type of Illegalcontribution certainly can not rise to the dignity of a propercomplaint due to its own inherent illegality and thus should besubject to dismissal by summary proceedings. I would furtherraise the issue as to whether a corporation is competent tofile a d OmplaLnt Under the Orovis$ons of the statute.

I move the dismissal of the alleged complaint due to(1) the defects Inherent therein as set out above and (2) thegood faith efforts made by the Drake for Congress Committee andby me as a candidate.

The foregoing statement of facts is true and correct tothe best of my knowledge and belief.

STATE OF GORGIA)COUNTY OF" COBB )

The foregoing was subscribed, acknowledged and sworn tobefore me a Notary Public this 9th day of, September# 76.

MY COMMISSION XPIP,;.:

FIDERAL [Huffcs-'~OFFICIAL

OFFICE D

RONALD L. DRAKE- ATTORNEY AT LAW

ONE PERIMETER WAY N.W. *SUITE 400

I- ATLANTA, GEORGIA 30339

Mr. David SpiegelDeputy Asst. General CounselFederal Election Commission1325 K Street N.W.Washington, D.C. 20463

I;;

-. -

'~.- -- ~

/2?

73

e e_ -4: *9

C. SAMUEL RAELATTORNEY AND COUNSELLOR AT LAW

TELEPHONE

(404) 261-4555

tI

p 3 AllOWER PLACE3340 PEACHTREE ROAD, N. E.

SUITE 2615ATLANTA. GEOR(3IA 30326

August 31, 1976

Mr. John G. Murphy, Jr. IVta 956General Counsel, Federal Election Commission1325 K Street, N.W.Washington, D.C. 20463

Re: MUR 214B (76)

Dear Mr. Murphy:

Mr. Butterworth has sent me a copy of your letter of August19, 1976 and requested me to respond.

First, it should be noted that an an unsuccessful candidatein the August 10, 1976 primary, no further campaign adverti-sing is contemplated. The campaign proceeded on by volunteerhelp and made only a minimum of expenditures.

Second, as to the three advertisements attached to the complain-ant's letter, there has been no willful publication of anymaterial not in conformity to law. The June 30, 1976 ad inthe Marietta Daily Journal, which does not solicit contributionsand therefore does not contain the notice of 2 U.S.C. 9 435 (b)was a paid political advertisement of the Committee to ElectKen Butterworth to Congress. The paper, in its first advertise-ment by the Committee in that Journal, failed to appreciate ourinstructions as to identifying the Committee. Subsequent tothis initial ad, the Committee contacted the paper and made cer-tain that the Committee's name appeared in all of the ads (seefor example Marietta Journal ad, Exhibit "A" and "B" re-spectively).

The complainant has attached a June 20, 1976 and June 10, 1976advertisement. Immediately upon the appearance of these ads,a letter was sent by this office (Exhibit "C") informing theregional coordinators of the requirements of the Federal Elec-tion Campaign Act. Subsequent to this letter, all further adsfrom said coordinators appearing in this Journal complied with

all statutory requrements. FWERA "

OFFICIAL F:L r

OFFICE OF GF2"MAL Ai, EL

Mr. John G. Murphy, Jr.Page 2August 31, 1976

It should be further noted that the Committee has always intended

full compliance as evidenced by a review of all placed newspaper

advertisements.

In a vigorously contested congressional campaign, in this case

against a self-proclaimed official of the radical John Birch

Society, it is not always possible to directly supevrise the

placement and content of every political advertisement. A re-

presentative sample of the Committee's ads, however, show

C! no willful violations. Further, when deviations of any kind

from F.E.C. guidelines were noted, immediate action was taken

to insure full and proper compliance. Had the Comittee in-

tended to circumvent the guidelines or the spirit of the law,

it would also follow that it would have done so consistently.

The Committee has authorized me to fully clear up MUR 214B (76)

_ and in that regard, I would be most pleased to supply the Federal

Election Commission with any requested information.

C7 I hope this letter is of some value and that this matter will

be shortly resolved.

Ver truly yours,

C. Samuel Rael

CSR: bds

Enclosures

Omit Erc~OfF:luF

-

0

:4 !ANOTHER PAGE FROMb U- , ' -- •..

1r IMTIFT "F 77 r'~2':

"Mp Igo V!p 09 t I _TJ""I'll

7 QW16 U

ieve It G~Not'. , S

'Ccncc.razd about 'he family farmer?*Blelieve it or not-Larry McDonal was the only Southern Democrat to vote aainstextending tie RURAL DEVELOPMENT ACT which provides family farm rc,-:archiand extensiC programs! .

'CONCENF .'1 UT ,'CA!. GOVXTN.iEYT'D ;'eit c . cn,--.- , \ ,, s cc . cc 2tL:" t ": -- > -Ft

ncedc- local procc..

'CCN ', NC7F-D Ar-T ¢EN1 CITIZENSY

,. - ..... : f ,r . ' -" "v job.. ........ .. prr'-2rumE' !, evern C"-.. ' * ' ..'r":. 7 '""-T, t : ~-:d r " .t L, "" ,

2F-.s- '-

. . . . .. .. .. .. . ..-- - .- , ,

C!, Z :-< T,r - . ,7, " '7-,7L:

... . .. .. ... . . ct" .ic e- ..; .~ i!,: c re , -. 7 ;"I l jo b.. _,. i'

TTi' ,:~¢. 71 T r :: 7 32 r:;: ;

r7, X, 2 4 - -

i -

3 . i,. - . 3 -

- .3- ' I~- ~

* -'-3-

-- S4 V.~t-4

N

0

\WMEf YOU VOTE FOR

YOU ARi:,* VC'7iij FOR:

-A Georgia Dcmocrat whoseeks no endorsements exceptthat of the pcople of the 7th District.

/.' - '.t ... .. .

I I11

ichos.,dl a- Iiectc.¢,$olferst1.4L i-t

(ntrv,erg; .,'.

a foaz~Savan-

js ownled thejmensip lastBend.

he wasre her

at Ez:tan::: wc.

- A r.j n... m , ,,T the b " " that ,,ith t e 4. L" .. II

your cov?-nmen. and }ycur reprcsontative can v;,,., frr youand not aginst nno.

Le - - CcrTzSm " and not a CAvr,;.

C I~.

A c~.

.. " . .

-A reprse:tative who wili respond to the voters with anopen rmnd -.... , St vote h& ; o cpinics.

--M int!, 2 a s:crg nrttonal dofe; ;

,,< .3c.,. ,' l pholes for the privile g, - ow a 1 . o4m c n ...... :.,, - ewo1,n n

'a raaCaP

7',' .

regidv~i

IL.te~r

~

.1k-'---- ~-

- -1

! .. . '- -' ... .. ' "

A cc;i

KEN BU]"I'lRWORTH to CONGKZSP.O. B(,x 831

, :, |T IA , EORGIA 3006

A ., ii '~ vr

V ,o A

Mr. Frankt JoneOsP.O. Box 17:42

Rome, Ga. 50161

Dea' Pr an::Ken has sent me a copy cf tho newspaper ads you placed in

last week's paper, which this campaign so much needs and

has asked mc to inform you on the status of the law.

With all the new posts-Watergate campaign laws in effect,

it is difficult to simply place A.nd ad that is not paid by

. The Cozittee to Elect Kcn ButterCorth to Congress. It

is probalT bettor practiCo to plaCe thc ad cn bchalf of

the Cczittee and h ve the p 2r bill cr rec-cpt the Com-

mittco. Funds raisCd on th-ib behalf, should be cent to

the Cc=_ittec in the foc of a cc_=trbut!C. If time Makes

thio in-practZOel, w- wil ll trcAt tho placcnt of

the ac U7 2t Of t0 tho Cz;ittCe. and noto the namcs

of all iadi -icAC that have cc c-^uF_ tCdo

Szof d all c--dte n:t set tKen~ Dut cr-7 c Confessct

filc4 W t>t t c F~~ cd ~ tc CcZrCf cnC is arvailable

of the-- ICC ittee to c~ Eon t-'C*.---- d

as srru ' se. r tin ttC jaec

Third, as to the ad recently placed, I bclieve it is in

accord vith the 2 U.S.C. 437a, a copy of which is enclosed,

to report that last ad to the C 0 --__ioil.C=A.~ ~ ifVeac-e= uccticn-, feP^.l free

to Cch i eeeCr.,,, .tO .

Sine ~--I ..

E.z I c -

A RESNUP t 2NTY

V O T E D M C.. .C- 'o

A cop' of cur rc;C-r it filed wih the Federal Electimn Comm ei-ion and is ava.able for rurchase

from the Fct.tral Election Cc, miiSc~n, Washington, D.C.

V.

4

C. SAMUEL RAELA"TORNEY AND COUNSELLOR AT LA

TOWER PLACE • SUITE 26)5.

3340 PEACHTREE ROAD,4.fE.

ATLANTA. GEORG3 30326

Mr. John G. Murphy, Jr.General Counsel, Federal Election COU 'ziPw1325 K Street, N.W.Washington, D.C. 20463

C.-__ C-1

DATE AND TIME OF TRANSITTAL:AUG . ± 13/6

NO.

REC' D:

MUR 214A&B

8/2/76

FEDERAL ELECTION COMMISSIONashington, D. C.

Charles W. Williams Jr. (notarized letter)

Relev. $a 2ute:

Inter-. -K o_-- Checked:

Fede-r-al -- 2,'-- Checked:

Al . '-4

r__ Q43S(h). 441d form r1v IR I_ r' 91 7i

None

None

SUMMARY OF ALL EGATION.

Alleges that certain communications (i.e., newspaper advertisements

and direct mail) advocating the election of respondents failed

to include the proper "disclaimer" or statement of authorized or

unauthorized sponsorship of the communication [as required by 2 U.S.C.

§441d]. Further examination also revealed that an advertisement

soliciting contributions failed to include the statement of availability

of reports from the Commission as required by 2 U.S.C. S435(b).

PRELIbf NARY LErGAL ANALYSIS

The newspaper articles and the letter accompanying the complaint

do seem to indicate the possibility of technical violations of § 441d

and 435(b), in that the specific language required by the Act was

absent, but examination of those materials does not reveal anything

that would indicate a deliberate plan to evade the requirements of the

Act.

FEDERAL ['[ .,

Open preliminary inquiry, send attached letters. Open ___:_.... OFF C-L.

1),.' !-a u2: : Com:,.ntsszio IZ2\'i C,,.: -----K - - - ,2 41

I- ,. ; - -20Como an'-' S "', ZL.R- :

;X * SENDER: Complete items I. 2.Add your address ia I RETURN TO" space om

I reverse.

I. The following service is requested (check one).Q Show to whom and date delivered ............ 150

f Show to whom, date, & address of delivery.. 35¢

Ei RESTRICTED DELIVERY.Show to whom and date delivered ............. 65(

N RESTRICTED DELIVERY.

Show to whom, date, and address of delivery 85%

-~ 2. ARTICLE ADDRESSED[RII

z Mr. Robert QM14Y

[ 3. ARTICLE DESCRIPTION... -REGISTERED NO. CERTIFIED NO. INSURED NO.

- (AIwey, ob in signature of md -me or aent)-i I have received the article described above.u's SIGNATURE 'L1 Addressee 0 Authorize-d agent

Nz

5. ADDRESS (Complete only it reqsMt~ .

6. UNABLE TO DELIVER BECAUSE: 6 .2.K'SINITIALS

GOP. 19".0- 203-4541

FEDERAL ELECTION COMMISSION1U~) 1325 K STREET N.WWASHINGTON,D.C. 20463

CERTIFIED MAIL 9AG17

RETURN RECEIPT REQUESTED

Mr. Ronald L. Drake960 Peid~mont CircleMarietta, Georgia 30062

Re: MUR 214A (76)

N Dear Mr. Drake:

This letter is to notify you that the Federal ElectionCommission has received a complaint against you and personsacting on your behalf, which we have numbered as MUR 214A(76). A copy of the complaint is enclosed. The Commissionis forwarding this information to you to apprise you thatthese matters have been raised; it has made no final deter-mination that the allegations set forth any violation of theFederal Election Campaign Act of 1971, as amended.

The Commission presently is conducting a preliminaryinquiry into this matter to determine what action, if any,it should take. The Act has, as you know, many complex~provisions. One such provision is 2 U.S.C. §441d, whichprovides in part that communications disseminated throughany broadcasting station, newspaper, magazine, outdooradvertising facility, direct mail or any other type ofgeneral public political advertising, which expressly advocatethe election or the defeat of a clearly identified candidatemust state clearly and conspicuously whether or not the com-munication has been authorized by the candidate, his authorizedcommittees or his agents. If unauthorized, the communicationmust further state the name of the person who made or financedthe expenditure for the communication and, in the case of apolitical committee, the name of any affiliated or connectedorganization (see 2 U.S.C. §433(b) (2)).

Please review your campaign advertising, and, if you findthat it does not conform to the requirements of the Act, pleaseindicate what action you intend to take to correct this situation.

FEDERAL [T

OFFICIAL HULOFFICE OF CLIMr2AL .

A,

2

Under the Act, the Commission must consider this matterexpeditiously; accordingly, please submit within ten daysthe above information, if appropriate, as well as any otherfactual or legal materials which you believe are relevantto the Commission's analysis of this matter.

You will be sent copies or summaries of all correspondencereceived by the Commission from the complainant concerningthis matter. The staff member assigned to this case isDavid B. Weinberg (telephone no. 202/382-4055). Pleasefeel free to write or call if you have any questionsregarding this matter.

Sincerely yours,

j-r, G. M14trPWY~o r-

John G. -Murphy, Jr.General Counsel

EnclosureFEDERAL IgT'

OFFI

FEDERAL ELECTION COMMISSION

1325 K STREET N.W

WASHINGTON.D.C. 20463

Mr. Charles W. Williams, Jr.437 Armour Circle N.E.Atlanta, Georgia 30324

Re: MUR 214 A&B (76)

Dear Mr. Williams:

This letter is to acknowledge receipt of your complaintN, dated July 29, 1976, alleging violations of the Federal Election

Campaign Act of 1971, as amended, by persons acting on behalfof Ron Drake and Ken Butterworth. We have numbered yourcomplaint as MUR 214 A&B. Please refer to this number inany further correspondence.

The Commission has opened a preliminary inquiryinto your allegations, and has forwarded a copy of your com-plaint to the respondents.

The staff member assigned to this case is David B.Weinberg (telephone no. 202/382-4055). Please do not hesitateto write or to call if you have any questions.

Sincerely yours,

John G. Murphy, Jr.General Counsel

.U.RAL

OFF'7K

B 0

FEDERAL ELECTION COMMISSION1325 K STREET N.WWASHING 'ON,D.C. 20463 19 AUG 176

Mr. Lane Douglas BrooksChairmanDrake for Congress CommitteeP.O. Box 1244 (41 Perimeter Place, Suite 810)Smyrana, Georgia 30080

Re: MUR 214A (76)

Dear Mr. Brooks:

Enclosed find a letter sent to Mr. Ronald LeeDrake regarding a matter which may concern your committee.The staff member assigned to this case is David B. Weinberg(telephone no. 202/382-4055). Please feel free to writeor call if you have any questions regarding this matter.

Sincerely yours,

John G. Murphy, Jr.General Counsel

hi

.I..~

.11k.

Enclosure

i /

oft

1000

a FEDERAL ELECTION COMMISSION

1325 K STREET N.WWASHINGTON, ).C. 20463

CERTIFIED MAIL

RETURN RECEIPT REQUESTED 1 9 -

Mr. Ken Butterworth231 Lamplighter CourtMarietta, Georgia 30062

N Re: MUR 214B (76)

Dear Mr. Butterworth:

This letter is to notify you that the Federal Election. Commission has received a complaint against you and persons* acting of your behalf, which we have numbered as .UJR 214B

(76). A copy of the complaint is enclosed. The Comnmissionis forwarding this information to you to apprise you thatthese matters have been raised; it has made no fLinal

• determination that the allegations set forth any violation.2of the Federal Election Campaign Act of 1971, as amended.

The Commission presently is conducting a preliminaryinquiry into this matter to determine what action, if any,it should take. The Act has, as you know, many complexprovisions. One such provision is 2 U.S.C. §441d, whichprovides in part that communications disseminated throughany broadcasting station, newspaper,magazine, outdoor advertisingfacility, direct mail or any other type of general publicpolitical advertising, which expressly advocate the election orthe defeat of a clearly identified candidate must state clearlyand conspicuously whether or not the communication has beenauthorized by the candidate, his authorized committees or hisagents. If unauthorized, the communication must further statethe name of the persons who made or financed the expenditurefor the communication and, in the case of a political committee,the name of any affiliated or connected organizaticn (see 2U.S.C. §433(b)(2)). Another such provision is 2 U.S.C. §435(b),which requires that all literature and advertisements solicitingcontributions contain the following notice: "A copy of ourreport is filed with the Federal Election Commission and isavailable for purchase from the Federal Election Commission,Washington, D.C."

7''/ , - , , ,, .. ,

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Please review your campaign advertising, and, if youfind that it does not conform to the requirements of theAct, please indicate what action you intend to take tocorrect this situation. Under the Act, the Commission mustconsider this matter expeditiously; accordingly, pleasesubmit within ten days the above information, if appropriate,as well as any other factual or legal materials which youbelieve are relevant to the Commission's an!ysis of thismatter.

You will be sent copies or summaries of all corre-spondence received by the Commission from the complainantconcerning this matter. The staff member ass:;ned to thiscase is David B. Weinberg (telephone no. 202/382-4055).Please feel free to write or call of you have an-y questions

,N regarding this matter.

Sincerely yours,

John G. Murphy, Jr.mGeneral Counsel

FEDERAL L O F

OFCOFCENERAL COUNSEL

" , FEDERAL ELECTION COMMISSION'p7 1325 K STREET N.W.WASHINGTON,D.C. 20463

Mr. Steve A. AnthonyCampaign Manager-ChairmanCommittee to Elect Ken Butterworth

to CongressP. 0. Box 831Marietta, Georgia 30061

Re: MUR 214B (76)

Dear Mr. Anthony:

Enclosed please find a copy of a letter sent thisdate to Mr. Ken Butterworth regarding a matter which mayconcern your committee. The staff member assigned tothis case is David B. Weinberg (telephone no. 202/382-4055).Please feel free to call if you have any questions regardingthis matter.

Sincerely yours,

John G. Murphy, Jr.General Counsel

FEDERAL ELECT!O! ,,j

Enclosure OFFICI .6'FCE E&IIA Cj/

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August 12, 1976

MEMORANDUM TO:

FROM:

BILL OLDAKER

MARGE EMMONS)I

All of the MURS listed below were transmitted to the

Commission on August 11, 1976 - 9:00 a.m. As of

August 12, 1976 - 10:30 a.m. , no ections were received

in MURS 197 (76); 214A (76); 214B (76) &

215>6

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August 12, 1976

MEMORANDUM TO:

FROM:

BILL OLDAKER

ARGE EMMONS},?

All of the MURS listed below were transmitted to the

Commission on August 11, 1976 - 9:00 a.m. As of

August 12, 1976 - 10:30 a.m. , no objections were-r-eived

in MURS 197 (76); 214A (76); 214B (76) &

215 '(76)

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FEDER, t ri;'-, ...

SH SU LY Inc..1 7

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July 29, 1976

Mr. Vernon Thomson, ChairmanFederal Election Commission - -1325 K Street N.W. EWashington, D.C. 20463 7- L---

C' Dear Mr. Thomson:

" Under the Federal Election Act, advertisements and literature are

required to carry a disclaimer.

In the Summary Manual Dated December 1975, on page 49, Section V,item B states that it is illegal for any person to willfully publishor distribute campaign literature and advertisements lacking therequired disclaimer information.

Please accept this letter as a complaint, using the accompanyingsamples as proof of illegal action on behalf of Ron Drake and Ken

N Butterworth, canidates for U.S. Rep., 7th District of Georgia.

- Please acknowledge receipt of this letter. I understand it is notnecessary to make my name public.

FEDERAL V lrir

- . . ,e ..... -- ... . i i :.

"Our Work Is Child's Play"

T, - DEMOCRATNESTERN DISTRICT

Charles J. RuffP Is Interested~A In Programs

For Our SeniorCitizens . •

MUNITY AFFAIRS, MASON IN AUSTELLIER Qf MARIETTA CIVATAN CLUB AND

ND VICE PRESIDENT OF COBB COUNTYA MEMBER OF THE SOUTH COBB JAY-

'STASING YOUNG MAN OF THE YEAR"

UTH COBB OPTIMIST CLUB.

CTIIITES AS DEMONSTRATED BY HIS,COUTS OF AMERICA, MILFORD YOUTHYOk4ZH ASSOCIATION. HE IS ALSO

;ADE AND HEART FUND IN ADDITION,JNITE&APPEAL AND ALSO SERVES ONB ART ALLIANCE.

Charles J. RuffIs A Family Man,

Interested InThe Problems

Pertaining To YourFamily..

DUNTY FOR 20 YEARS, AND ATTENDED)UTHERN TECH. HE RESIDES WITH HISIIDREN, KIM. KELLY. AND CHAD ATRE MEMBERS OF THE DAVIS CHAPEL4D RICHARD B. RUSSELL ELEMENTARY

MEN'S STORE IN MABLETON FOR THE

Heh sc cn u dr inin r g VCiliii ai u"He has even undermin-

ed Georia citizens in somevery Inbant aMeas. Oneof the bWMezamples of thisis the fact that Mr. McDon-ald was the only GeorgiaCongressman to oppose the,establishment of the Chat-tahoochee National Recrea-tion Area and to me this isunbelieveable," Drakesaid.

"I fully support the crea-tion of this National Recrea-tion Area along the Chatta-hoochee River. It will bevery important to thepeople of the Seventh Dis-trict," Drake announced,adding that if elected, "I'lldo just exactly the oppositeof what Rep. M lp h

done. I wont

other coneressin favor of thi'recedaton'area." OFFI- C , FLI'

Drake again attackedMcDonald for the congress-man's support of the so-called "Liberty Amend-ment."

!Tv a" 5 A - - - a itKennesaw Battlefield Park

and the Appalachia T 7will be taken over byvate interests," he warned.

"I have fought this

'Liberty Amendment' forthe past 14 years. It had Itsgenesis in the John BirchSociety and is not a newthing," he revealed. "Idon't care what Mr. [DoniVice [aide to McDonald] orMr. McDonald say. It re-quires 'divestiture' andthat means selling ournational parks. That meansKennesaw Mountain, too,"Drake said.

"I don't expect to spend$250,000 printing slander.ous materW- ,n the Con.

-gressionJ, Record," if~elected, Drake stated, re-ferrtg t6 Sclnald's wideu-W , oLj"Okecord to dis-seminate John Birch Soci.ety information.

He said if he is elected,the people of Georgia'sSeventh District would con-

RILI

I RON I)RAKE I

JN DRAKEEGISLATORTEACHERFARMER

Ron Drakewill representTHE PEOPLE

IS FOR" SOCIAL SECURITf .... our Incumbent votes NO* JOB BILL...our Incumbent votes NO* TAX REFORM .... ow Incumbent votes NO" BETITER SCHOOL PROGRAMS .... our Incumbent votes NO" SCHOOL LUNCHES .... our Incumbent votes NO* NATIONAL PARKS .... our Incumbent votes NO* FISCAL RESPONSIBIUTY .... our ncumbent spends our tax

dollars filing the Congressional Record with radicalnonsense.

ELECT RON DRAKE, DEMOCRAT,CONGRESSMAN, 7th DISTRICT J

; . . .. . .

[heir sovcrirnc.1t i10, taeeconomy. We need to gen-crate an atmosphere in tcountry in which a mancould believe. The peopleare scared,"' Drake said Incalling for new priorities"closer to the needs of thepeople."

Drake said his walkingtour was definitely not awaste of time. "I talked topeople. I wouldn't tradethat for anything," he ac-knowledged. Drake saidthis gave him an opportun-ity to learn the problems.complaints and needs ofvoters.

Martial artsprogram setThe Cobb County Public

Library will showcase themartial arts in its nextFamily EntertainmentSeries program.

The program will be heldTuesday, Aug. 3, at 7:30p.m. at the East MariettaLibrary, 2051 Lower Ros-well Rd.

Larry McClure, thesecond non-Oriental Ameri-can to be promoted to thefourth degree black belt byTae Kwon Do (KoreanKarate) Chang Moo Kwan,will demonstrate tech-niques in judo, karate andyoga.

McClure, who presentlyteaches at the Marietta-Cobb YMCA and the Mari-etta Parks and RecreationDepartment, has held manylocal and national champ-ionships.

For more information,call the children's depart-ment of the library at427-2462.

IiiIEl

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ELECTPAUL MOORE

SHERIFF

!iiiiiiilliiii I

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DraJe QngressP.O7Pox 1244 * Smyrna, Georgia 30080

Douglas BrooksChairman

May 12, 1976 FDr crfr , Ed BucknerOFFICI, A

OFFCE ; ~AL CuisaDear Educator:

We have endorsed Ron Drake, Democratic candidate for Congressfrom the Seventh District. Ron Drake supports many of the things thateducators have long wanted to see become a reality: 1) a nationwidenegotiations bills; 2) more federal funding for education under stateand local control; 3) uniformity in educational certification; 4) full

" credit for teaching experience across state lines; 5) ERA; andN, 6) national health insurance, to name a few.

Larry McDonald, Mr. Drake's opponent, has a poor votina record.The Education Appropriations Bill (HR 5901) was opoosed bv Mr. McDonald.Opponents of this bill especially took issue with the inclusion of the

impact aid program, saying it was wasteful and unnecessary (For--378;Against--42). He also opposed funding for the education of all handi-capped children as outlined in HR7217 (S6) (For--375; Aaainst--44).The additional funding of the School Lunch Program Bill (11R4222) deemed

'7 necessary because of rising inflation, was also opposed by Mr. McDonald.It passed by a 335 to 59 margin. Again, true to form, he voted againstincreasing the Budget Committee's figures for jobs and education.

Ron Drake has proven his support of education as verified by hisN voting record in Indiana, where he served two terms in the state

legislature. Mr. Drake grew up in rural, southern Indiana, is a formerteacher and currently is an attorney in Cobb County, and is the electedSeventh District Democratic Party Chairman.

We feel that Ron Drake is a person worthy of our backing and would

like for you to lend your support to his campaiqn. Education cannotafford Larry McDonald representing the Seventh District for another term!

If you would like more information or could contribute time or money

in an effort to elect a person truly committed to education, pleasecontact any of the undersigned teachers, or write or call headquarters.

)q, Sincerely,

~9 ~

Elect a DEMOCRAT to Congress.21

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THE MARIETTA DAILY JOURNAL WEDNESDAY, JUNE 30, 1976

KENBUTTERWORTH

DEMOCRATFOR

CONGRESSELECT KEN BUTTERWORTH

DEMOCRATIC PRIMARYA Responsible Alternative

AUGUST 10, 1976A crisis of confidence faces our national government. The citizens of Cobb

County and the 7th District deserve a representative who will work to restorepublic trust in our political system and one who will confront the issues withworkable, pratical solutions. As the campaign progresses. I intend to addressmyself to the major questions of domestic and foreign policy which challengeAmerica today.

One thing Is certain, we can no longer afford a representative in Congress whosees only one side of the issues. The problems confronting our nation will not besolved by simply voting "No' on legislation.

Many government programs are badly in need of reform. However, this does notmean we should reject and destory legislation which provides for Social Security,health care, education, employment opportunities and other basic needs of theAmerican people.

What we need Is positive and creative action to bring about constructivechanges. I intend to be a working congressman and a responsive congressmanrather than a showman and an instrument of special interest. Public office is not aplace to support frivolous legislation nor a place to enrich your name at the public'sexpense through the Congressional Record. I intend to practice financial responsi.bility rather than just talk about IL

Mi i ftl IRM1280

f os-4

"*' KEN

BUTTERWORTH.

DEMOCRATV.. "tV C

FOR~CONGRESS

N.i-t 1

0 _.ELECT KEN BUTTERWORTHc DEMOCRATIC PRIMARYC!:° AUGUST 10, 1976

A crisis of confidence faces our national government. The citizens of Floyd County and the7th District deserve a representative who will work to restore public trust in our political systemand one who will confront the issues with workable, practical solutions. As the campaign pro-

. .gresses, I intend to address myself to the major questions of domestic and foreign policy whichchallenge America today.

One thing is certain, we can no longer afford a representative in Congress who sees only oneside of the issues. The problems confronting our nation will not be solved by simply voting "No"on legislation.

Many government programs are badly in need of reform. However, this does not mean weEshould reject and destroy legislation which provides for Social Security, health care, education,

employment opportunities and other basic needs of the American people.

What we need is positive and creative action to bring about constructive changes. I intend tobe a working congressman and a responsive congressman rather than a showman and an in-strument of special interests. Public office is not a place to support frivolous legislation nor a placeto enrich your name at the public's expense through the Congressional Record. I intend to practicefinancial responsibility rather than just talk about it.

To do these things and to win the election, I need your support. I have no nation-wideorganizations supporting me and giving me money. I believe, however, I have something better:the support of the citizens of the 7th District. Pledge your support and let me go to work for you.

PLEASE MAIL TO: I I'M READY TO WORK FOR A RESPONSI3U ALTERNATIVLFrank H. Jones, Floyd County Treasurer i , (WE) PDGE _ is .10 '25Committee to FleI I'M WlWNG TO WORK FOR YOU. IKen Butterworth to Congressj I CONTACT ME 0P.O. Box 1432 I iNAMEom ,., o .re ,,,i1n A DDO U, N ONE

. - . - - - - - - - - - - - - --m . - . . * - - -m - -m m _ __ ___mm m m m __m m ._ m m ..-__

PAID FOR FOR BY THE COMMITTEE TO ELECT KEN BUTTERWORTH TO CONGRESSSTEVE ANTHONY, CHAIRMAN * FRANK JONES, TREASURER

FEDERAL EL unpq . ",

OFFICIAL iE CIPY

RON DRAKEMarietta Attorney

LegislatorTeacherFarmer

Chairman 7th DistrictV, ,Democratic Party

RON DRAKE CARES_about the people in this district

RON DRAKE IS FOR* Social Security....our incumbent votes No (x)* Jobs Bill....our incumbent votes NO (x)*Tax Reform....our incumbent votes o (x)* Better School Programs....our incumbent votes .N (x)* School Lunches....our incumbent votes No (x)* Teachers....our incumbent is against* National Parks....our incumbent votes No (x)* Consumers Rights....our incumbent is against* Fiscal Responsibility....our incumbent spends our tax

dollars filling the Congressional Record with radicalnonsense.

Let's Elect Ron Drake, Democrats.- n ressman, Seventh District

CONGRATULATIONS!iGOV" JIMMY CARTER!

WE ARE PROUD OF YOU!ELECT A DEMOCRAT TOCONGRESS FROM THE

7th DISTRICT TO WORKWITH PRESIDENT CARTER-Have you watched the Democratic Convention where Georgia's

Jimy Carter was so enthusiastically selected to represent thisWeat party of ours? The harmony, the optimism, the enthusiasticdesire to do good things for our American people was refreshing.

Can you picture our incumbent Congressman as a part of thisgeat party? I Can't. His doomsday predictions, (The Bicentennial

S9ts garbage which he-rode for publici-tyhis wasteful, self-servingadditions to the. Congressional Record and his negative votingrecord are in no way campatable with the optimistic Democraticp1atform). Help defeat this-typeof negativism that sets poepleagainst people by joining a positive force for doing-what ourgovernment is meant to do (provide a setting for a better life forall people).

Join the Democratic Party. Reject Larry McDonald - a man Whowould take from the poor and subsidize the special interest groups.Please help avoid two more years of Congressional embarrassment

VOTE FOR RON DRAKEPaid for by Rodney Mitchell, Sr.

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