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Federal Election Commission | United States of America

FEC v. Anderson for Senator

Summary

Background

On May 7, 1984, the FEC filed suit in the U.S. District Court for the Eastern District of Pennsylvania, seeking action against three defendants: the Tom Anderson for Senator Committee, the principal campaign committee of Mr. Anderson's 1980 Senate campaign; the Pennsylvania Service Station Dealers Association (the Association), an incorporated trade association; and Mary Anderson, the candidate's wife (Civil Action No. 84-2180).

Specifically, the FEC asked the court to declare that:

  • By paying Association employees approximately $4,300 in wages for services they provided to the Anderson campaign, the Association made a prohibited in-kind contribution to the campaign, in violation of 2 U.S.C. §441b(a).
  • By cosigning a $50,000 campaign loan with Tom Anderson, Mrs. Anderson made a $25,000 contribution to his Senate campaign, thus exceeding the $1,000 contribution limit, in violation of 2 U.S.C. §441a(a)(1)(A).
  • By knowingly accepting these unlawful contributions from the Association and Mrs. Anderson, the Anderson campaign violated 2 U.S.C. §441a(f).

Consent order: Mrs. Anderson

On December 11, 1984, the U.S. District Court for the Eastern District of Pennsylvania issued a consent order resolving claims the Commission had brought against Mary Anderson.

Within 30 days of signing the consent order, Mrs. Anderson agreed to pay a $350 civil penalty to the U.S. Treasury for having exceeded the election law's contributions limits. 2 U.S.C. §441a(a)(1)(A). By cosigning a $50,000 campaign loan with her husband, the candidate, Mrs. Anderson had made a $25,000 contributions to his Senate campaign. The law limits contributions from all individuals, including spouses, to $1,000 per candidate, per election.

Consent orders: Association and campaign

During February 1985, the U.S. District Court for the Eastern District of Pennsylvania issued separate consent orders resolving claims the Commission had brought against the Association and the Anderson campaign. Within 30 days of signing their respective consent orders, defendants agreed to comply with the following terms:

  • The Pennsylvania-Delaware Service Stations Dealers, Inc. agreed to pay a $1,369 civil penalty to the U.S. Treasury for making a prohibited in-kind contribution to the Anderson campaign. The Association had paid employees approximately $4,300 in wages for services they provided to the Anderson campaign.
  • The Tom Anderson for Senator Committee agreed to pay a $631 civil penalty for accepting: (1) the prohibited in-kind contribution from the Association and (2) an excessive contribution (in the form of a loan endorsement) from Mrs. Anderson.

Source: FEC Record— August 1985; February 1985; and July 1984

This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public.

The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.