Clark for President

P.O. Box 2959

Little Rock, Arkansas 72203

 

MEMORANDUM

 

PLEASE READ IMMEDIATELY

 

TO:                 ALL CLARK FOR PRESIDENT PERSONNEL

 

FROM:           LEGAL COUNSEL

 

DATE:                        September 18, 2003

 

RE:                  Legal Compliance Matters

 

            With the campaign underway, it is important for everyone to be aware that presidential committees are subject to numerous legal restrictions and requirements. Unlike other political campaigns, a presidential campaign will undergo an extensive audit that includes a detailed review of all campaign activities for compliance with the law.

 

As Clark for President (ÒCommitteeÓ) continues to organize, detailed legal guidance and procedures are being prepared and will be issued shortly. In the meantime, however, it is imperative for you to abide by the following rules. Being mindful of these restrictions is necessary to avoid legal problems for the Committee and you personally.

 

(1)   DO NOT spend any money or incur any financial obligation on behalf of the Committee without express approval from Donnie Fowler or Vanessa Weaver.

 

(2)   DO NOT solicit any contributions for the Committee without the approval of Dinah Dale (she is responsible for fundraising). The Committee must comply with legal restrictions when soliciting and receiving contributions. In particular, contributions are subject to limitations on amount. An individual may contribute no more than $2,000. Please ask that all contributions be made by personal check. This is important because corporations, labor unions, federal contractors, persons under age 18, and foreign nationals (other than individuals holding Ògreen cardsÓ) are prohibited from making contributions in federal elections. Thus, no contributions from any of these sources are lawful (i.e., no contributions written on corporate or other business accounts). The Committee will not accept contributions from any political committee or other political organization that is not registered with the Federal Election Commission (FEC). In addition, written solicitations (including E-mail) for contributions must include important legal disclaimers. Please submit any proposed contribution solicitation for advance legal review and approval. Finally, contributions may not be reimbursed, expensed or otherwise paid by another person. This includes paying a bonus or increased compensation to someone for making a contribution.

 

(3)   IF YOU RECEIVE A CONTRIBUTION, please give it to Dinah Dale or her designee. Contribution checks must be handled in a special way to comply with the law, and a failure to promptly turn-over checks has legal consequences.[1] Therefore, as soon as you receive a contribution check, please give it immediately to Dinah Dale or her designee or ask the contributor to give it to her directly if Dinah or her designee is available.

 

(4)   DO NOT solicit or accept any Òin-kindÓ contributions. An Òin-kindÓ contribution occurs when someone provides goods or services to the Committee for no charge, or at a charge that is below the usual and normal rate for such goods or services. In-kind contributions also count as expenditures by the Committee and involve special reporting requirements. Corporations and other sources prohibited from making contributions in federal elections are prohibited from making in-kind contributions.

 

(5)   THE COMMITTEE WILL NOT REIMBURSE YOU FOR ANY EXPENSES. Presidential campaigns are subject to severe federal spending limits. Accordingly, we must be very careful how we spend our funds. No one should make expenditures on behalf of the campaign unless expressly authorized to do so by Donnie Fowler or Vanessa Weaver.

 

(6)   NO CONTACT WITH THE DRAFT COMMITTEES. Our friends at the draft committees are great, but for legal reasons we may not coordinate our plans or activities with them. It is critical, therefore, to avoid any contact with Draft Committee personnel that could be perceived as coordination. Without specific legal guidance to the contrary, do not contact or discuss Committee plans or activities with any Draft Committee personnel. If you are currently working for the Committee and previously worked for a Draft Committee, please do not continue any Draft Committee activity. You cannot do both.

 

(7)   SIGNS AND OTHER PUBLIC COMMUNICATIONS MUST HAVE A ÒLEGAL DISCLAIMER.Ó The law requires that all signs, correspondence and other public communications include legal disclaimers informing the public who paid for and authorized the communication. The legal requirements are specific and vary according to the communication. Therefore, any signs, letters or other communications must be cleared in advance by the legal counsel.

 

Very shortly, a process for obtaining legal review and approval of events, activities, correspondence and other Committee documents and communications will be instituted. Until such time, please direct any documents or other communications for review to Donnie Fowler or Vanessa Weaver. If you are planning a Committee event or activity, please contact Legal Counsel to discuss potential legal issues.

 

We know that everyone is very excited about this campaign, but in our exuberance to be helpful, it is very easy to do things that can cause legal problems for the Committee, and legal problems not only can result in fines and other penalties Ð for you as well as the Committee Ð but can have serious political implications for what we are working so hard to achieve. As the campaign continues to organize, we will develop procedures and policies that will address the organizational problems you may be experiencing Ð and are inherent to any new campaign. Therefore, be patient.

 

If you have questions about this interim guidance, you may direct your calls to Legal Counsel at (202) 496-3476 (William (ÒBillÓ) Farah) or (202) 728-1010 (William Oldaker and Bradley Litchfield). E-mails can be sent to wfarah@obblaw.com.