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Mr. HOGAN. I note that you have no objection to filing the copy of the communication filed with the House is perfectly accessible to the local people, but since they are going down there, it might be more convenient, but would you have no objection?

Mr. FAUNTROY. Not at all. It is just a detail that would require double counting and double filing. Whether I think it can be accomplished in the Federal elections, which we will have when we get a Constitutional amendment providing the District with two Congressmenand two Senators.

Mr. HOGAN. I notice that you have singled out the candidates $90,000 for Mayor and $50,000 for Chairman of the Council, $25,000 for Member of the Council and Board of Education at large, and I assume the ward candidates.

With the charter referendum coming up in May, perhaps one of the obvious omissions might be those who are elected even though on a non-partisan basis as Members of the Advisory Neighborhood Council.

Information generally reported, is that there will probably be a minimum once these get established of approximately $400,000 spent in the Advisory Council going up to whatever amount the City Council determines appropriate, once they are in operation.

I would assume that you would have no objection to adding those officials and putting some limitation on them, since they will be running, assuming they are approved in the May 7 referendum. They will be running just as the members of the City Council, Board of Education or Political Party people?

Mr. FAUNTROY. I think that is a good suggestion, and I think the Committee ought to take that under advisement in its mark-up session.

Mr. HOGAN. On page 7, you indicate that the contribution would be allowable under Federal law having to do with corporations and labor unions. Should the Federal provisions apply in a smaller jurisdiction, such as the District of Columbia, or should it be more restrictive, since we are talking about a smaller area, smaller electorate generally, and in many cases the wards where you have a small number of individuals running.

For instance, in an off-year election, you will have four councilmen running-one from each ward-which is a relatively small number of the electorate. I am wondering if the corporations and the unions under the circumstances should be able to have their political action arms-be they corporations or unions-spending the same amount of money in Federal elections.

Mr. FAUNTROY. That is an interesting suggestion, Counsel, because you are suggesting that we distinguish between off-year elections and the Presidential or Mayorality election years.

Mr. HOGAN. I assume that the limitation in the whole election, if there were to be one established for contributions, that it would probably be lower than for a Federal election, or is that not your view, based on your bill?

Mr. FAUNTROY. I would certainly think that the off year elections, in terms of the Mayorality and Chairmanship of the Council would probably stimulate less political activity, but it may be that those years may require more financial stimulation as a result.

I think I would have to think a little more about what you are saying here before giving a definitive answer.

Mr. HOGAN. And finally, Mr. Chairman, on the matching fund basis for the District of Columbia elections, I wonder how this provision will fare on the floor with approximately 40% of the general funds, general revenue collections in the District of Columbia coming from the Federal payment.

I wonder how a provision providing for matching funds will fare on the floor where individuals will be questioning whether Federal funds should be used in local elections where they are not subsidized in their own localities. Might that not run into considerable opposition on the floor?

Mr. FAUNTROY. It may well be that the Congress is not ready for the concept of the District of Columbia, as an urban laboratory for our Nation which has been somewhat eloquently proposed by our Chairman, Mr. Diggs, but I would think that inasmuch as we tried out the no-knock detention in the District of Columbia on this sort of model basis, that the Congress might be disposed to try out this form of public financing in the District of Columbia, although, I think you are probably right that the Congress will probably be more disposed to provide in the District of Columbia the kind of public financing that it would allow nationwide and perhaps the tax credit question, included in this subcommittee's consideration of H.R. 13539 may have a better chance of passage on the floor of the House. I am not prejudging, however, the extent to which the Chairman's concept of the urban laboratory in the District of Columbia might well be acceptable to the Members of this Congress.

Mr. HOGAN. Thank you, Mr. Fauntroy.

Mr. BRECKINRIDGE. At this point in the record, I would like to insert two bills before the subcommittee. They are H.R. 12638 and H.R. 13539, for the record, and I wish also to recognize Mr. Hogan, who will make a brief statement.

[The material referred to follows:]

93D CONGRESS 2D SESSION

H. R. 12638

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 6, 1974

Mr. FAUNTROY introduced the following bill; which was referred to the Committee on the District of Columbia

A BILL

To regulate certain political campaign practices in the District of Columbia, and for other purposes.

1

Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

TITLE I-SHORT TITLE, DEFINITIONS

SHORT TITLE

3

4

5

SEC. 101. This Act may be cited as the "District of

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9

(a) The term "election" means a general, special, pri

10 mary, runoff election, a convention or caucus of a political

11 party held or conducted in the District of Columbia accord

2

1 ing to the provisions of the District of Columbia Election

2 Act, including regulations of the District of Columbia Board 3 of Elections.

4

(b) The term "candidate" means an individual who

5 seeks nomination for election, or election, to office, whether

6

or not such individual is elected, and, for purposes of this 7 paragraph, an individual shall be deemed to seek nomination 8 for election, or election, if he has (1) initiated the action 9 necessary to qualify himself for nomination for election, or 10 election, to office, or (2) received contributions or made 11 expenditures, or has given his consent for any other person 12 to receive contributions or make expenditures, with a view 13 to bringing about his nomination for election, or election, 14 to office.

15

(c) The term "office" means the office of Mayor of 16 the District of Columbia, Chairman of the Council of the 17 District of Columbia, or member of the Council of the District 18 of Columbia, or member of the Board of Education of the 19 District of Columbia, office of official of a political party. 20 Such term also includes the office of Delegate to the House 21 of Representatives from the District of Columbia, except as 22 specifically otherwise provided in this Act.

23

(d) The term "official of a political party" includes offi24 cials listed in the four numbered paragraphs of the first sec

3

1

tion of the District of Columbia Election Act (D.C. Code,

2 sec. 1-1101).

3 (e) The term "political committee" means any com4 mittee, association, group, or organization which accepts con5 tributions or makes expenditures for the purpose of influenc6 ing an election.

7 (f) The term "contribution" means

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(1) a gift, subscription, loan, advance, or deposit

of money or anything of value, made for the purpose of influencing an election to office;

(2) a contract, promise, or agreement, whether or

not legally enforceable, to make a contribution for any

such purpose;

(3) a transfer of funds between political committees;

(4) the payment, by any person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to such candidate or committee without charge for any such purpose; and

(5) notwithstanding the foregoing provisions of this paragraph, such term shall not be construed to in

clude services provided without compensation, by in

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