Types of contributions
Contributions are the most common source of campaign support.
A contribution is anything of value given, loaned or advanced to influence a federal election. It is important to understand which receipts are considered contributions because:
- Contributions count toward the threshold that determines whether an individual has
qualified as a candidate under the Federal Election Campaign Act (the Act).
- Contributions are subject to the Act’s prohibitions against contributions from certain
- Contributions are subject to the Act’s limits on the amount of contributions.
Direct monetary contributions and loans
A contribution of money may be made by check, cash (currency), credit card or other written instrument.
A loan, including a loan to the campaign from a member of the candidate’s family, is considered a contribution to the extent of the outstanding balance of the loan. (Bank loans, however, are not considered contributions if made in the ordinary course of business and on a basis that assures repayment.)
Goods and services
Goods or services offered free or at less than the usual charge result in an in-kind contribution. Similarly, when a person pays for services on the committee’s behalf, the payment is an in-kind contribution. An expenditure made by any person in cooperation, consultation or concert with, or at the request or suggestion of, a candidate’s campaign is also considered an in-kind contribution to the candidate.
Goods (such as facilities, equipment, supplies or mailing lists) are valued at the price the item or facility would cost if purchased or rented at the time the contribution is made. For example, if someone donates a personal computer to the campaign, the contribution equals the ordinary market price of the computer at the time of the contribution. Services (such as advertising, printing or consultant services) are valued at the prevailing commercial rate at the time the services are rendered.
The contributor needs to notify the recipient candidate committee of the value of an in-kind contribution. The recipient needs this information in order to monitor the contributor’s aggregate contributions and to report the correct amount.
Under limited exemptions in the law, persons may provide certain goods and services to a committee without making contributions. For example, when services are volunteered—not paid for by anyone—the activity is not considered a contribution.
Advances of personal funds
When an individual uses personal funds (or personal credit) to pay for a campaign expense, that payment is generally an in-kind contribution from that individual. Although such advances are considered in-kind contributions until reimbursed, special reporting rules apply when individuals pay for campaign expenses and later receive reimbursement from the committee.
When a committee, group or individual pays for a communication that is coordinated with a campaign or a candidate, the communication is either an in-kind contribution or, in some limited cases, a coordinated party expenditure by a party committee.
An earmarked contribution is one which the contributor directs (either orally or in writing) to a clearly identified candidate or the candidate’s authorized committee through an intermediary or conduit. Earmarking may take the form of a designation, instruction or encumbrance and may be direct or indirect, express or implied, written or oral. Earmarked contributions require additional disclosure.
Lobbyist bundled contributions
A bundled contribution is any contribution that is either:
- Forwarded to a reporting committee by a lobbyist/registrant or lobbyist/registrant PAC; or
- Received by the reporting committee and credited to a lobbyist/registrant or lobbyist/registrant PAC through “records, designations, or other means of recognizing that a certain amount of money has been raised.”
Bundled contributions do not include contributions made from the personal funds of the lobbyist/registrant who forwards or is credited with raising those contributions and the personal funds of that person’s spouse. Likewise, contributions made from committee funds of a lobbyist/registrant PAC that forwards or is credited with raising those contributions are not bundled contributions.
Crediting through “records” means that the reporting committee or candidate attributes contributions to a lobbyist/registrant or lobbyist/registrant PAC through written evidence (such as writings, charts, computer files, tables, spreadsheets, databases, and other data or data compilations in any medium or format).
Crediting through “designations or other means of recognizing that a certain amount of money has been raised” means that the reporting committee has given benefits to a lobbyist/registrant or lobbyist/registrant PAC for having raised a certain amount of contributions. Examples include titles, tracking identifiers, access to events or activities, and mementos (such as photographs with the candidate, or autographed copies of books authored by the candidate). This list is not exhaustive, and “designations or other means of recognizing that a certain amount of money has been raised” need not be in writing.
A joint contribution is a contribution that is made by more than one person using a single check or other written instrument. Although each individual has a separate contribution limit, joint contributors may combine their contribution limits by contributing a joint contribution (for example, a check for $5,400 for a candidate’s primary election) as long as both sign the check (or an attached statement).
Each contributor must sign the check
When making a joint contribution, each contributor must sign the check (or other written instrument) or a statement that accompanies the contribution. Note that if the check or an accompanying statement of attribution is not signed by each contributor, the entire contribution will be attributed only to the party who signed the check. However, under certain circumstances the committee may presumptively reattribute the excessive portion of a contribution.
If the check or statement does not indicate how much should be attributed to each donor, the recipient committee must attribute the contribution in equal portions. For example, if a committee receives a $1,000 joint contribution signed by two individuals but with no written attribution, the committee must attribute a $500 contribution to each donor.
Joint fundraising is election-related fundraising conducted jointly by a political committee and one or more other political committees or unregistered organizations.
All participants in a joint fundraising effort, including unregistered organizations, must:
- Create or select a federal political committee to act as the joint fundraising representative;
- Agree to a formula for allocating proceeds and expenses;
- Sign a written agreement naming the joint fundraising representative and stating the allocation formula;
- Establish a separate account for joint fundraising receipts and disbursements;
Notify the public of the allocation formula and certain other information when soliciting contributions;
- Screen contributions to make sure they comply with the limits and prohibitions; and
- Report allocated proceeds and expenses (applies to political committees only). The committee named as the fundraising representative has additional responsibilities.
Transfers of funds and assets between federal committees authorized or established by the same candidate are generally unlimited because the committees are considered affiliated committees. However, an authorized committee of a federal candidate may not accept any transfers of funds or assets from a committee established by the same candidate for a nonfederal election.
Proceeds from sales
The entire amount paid to attend a political fundraiser or other political event or to purchase a fundraising item sold by a political committee is a contribution and counts against the individual’s contribution limit. For example, if a contributor pays $100 to buy a ticket to a fundraising dinner, the entire $100 is considered a contribution to the committee, even though the meal may have cost the committee $30. Similarly, if a contributor spends $20 to buy a campaign T-shirt that cost the campaign $5, the contributor has made a $20 contribution.