AO 2024-05: Federal candidates and officeholders may solicit funds for state ballot initiative
Federal candidates and officeholders may solicit funds for a state ballot initiative outside the amount limitations and source prohibitions of the Federal Election Campaign Act (the Act).
Background
Nevadans for Reproductive Freedom (NFRF), a 501(c)(4) organization with a state-registered PAC, is collecting signatures to place a state constitutional initiative on the 2024 general election ballot in Nevada.
NFRF plans to raise funds to support the initiative, both before and after the initiative has qualified for the ballot, from sources and in amounts that are prohibited under federal law. As part of that effort, NFRF will ask federal officeholders and candidates to solicit funds to be used for the general support of the initiative or NFRF’s overall mission, but will not ask them to solicit funds to be used or earmarked for any specific purpose, including Federal Election Activity (FEA). NFRF was not established by, nor is it currently financed, maintained, or controlled by any federal candidate or officeholder.
Analysis
Under the Act and Commission regulations, federal candidates and officeholders, their agents, and entities directly or indirectly established, financed, maintained, or controlled by them are prohibited from soliciting funds in connection with an election for federal office, including funds for any FEA, unless the funds are subject to the limitations, prohibitions, and reporting requirements of the Act. Such persons are also prohibited from soliciting funds in connection with an election other than an election for federal office, unless the funds are subject to the amount limitations and source prohibitions of the Act. The Act excludes from these restrictions certain solicitations, including those by federal candidates on behalf of any organization that is described in section 501(c) of the Internal Revenue Code of 1986 that meets certain conditions.
Since the principal purpose of NFRF’s 501(c)(4) organization is to advocate for the state constitutional initiative, federal candidates and officeholders may solicit funds on behalf of that organization outside the limits and prohibitions of the Act.
Likewise, since NFRF PAC raises and spends funds only to support a state ballot initiative, which is not in connection with any election, for federal office or otherwise, federal candidates and officeholders may solicit funds on its behalf outside the limits and prohibitions of the Act.
Date issued: May 1, 2024; Length: 5 pages
Citations
Statutes
52 U.S.C. § 30125(e)(1)(A)
Federal election solicitations by federal candidates
52 U.S.C. § 30125(e)(1)(B)
Non-Federal election solicitations by federal candidates
Regulations
11 C.F.R. § 300.61
Federal elections
11 C.F.R. § 300.62
Non-Federal elections