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For Immediate Release
February 22, 2006

Bob Biersack
George Smaragdis
Michelle Ryan

FEC Publishes Draft Response to Obama Advisory Opinion Request

The Federal Election Commission (FEC) today published a draft Advisory Opinion regarding Senator Barack Obama’s ability to solicit and receive contributions for the 2008 general election while remaining eligible to receive general election public funding should he win the Democratic nomination.  The FEC will consider this draft Advisory Opinion during an Open Meeting on Thursday, March 1, 2007.

The draft proposes that Senator Obama may solicit and receive contributions for the 2008 general election without waiving his eligibility to receive public funds for the general election, under the conditions described in the request, that is:

  • Contributions designated for the general election will be kept in a separate escrow account;
  • Only the campaign treasurer and chief operating officer will have access to this account; and
  • The funds in this account will not be used for any purpose.

Under the draft proposal, if Senator Obama wins the Democratic nomination and decides to receive public funding for the general election, then he must refund all general election contributions within 60 days of certifying his eligibility for public funds.

The draft Advisory Opinion can be found here.

The Commission will meet to consider this opinion at 10 a.m. on Thursday March 1, 2007 at the Commission offices at 999 E Street N.W. in Washington.