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Federal Election Commission | United States of America

What is and is not a solicitation for an SSF

It is important to know when a communication constitutes a solicitation for a separate segregated fund (SSF) in order to know whether the required notices and restricted class requirements have been triggered.

What constitutes a solicitation

A straightforward request for contributions is a solicitation. However, a communication about the SSF could also constitute a solicitation if it:

  • Publicizes the SSF’s right to accept unsolicited contributions from any lawful contributor;
  • Provides information on how to contribute to the SSF; or
  • Encourages support for the SSF.
Learn more about the basic rules that apply to all SSF solicitations

What is not a solicitation

In advisory opinions, the Commission has concluded that a communication concerning the SSF is not a solicitation if it:

  • Does not encourage support for the SSF; and
  • Does not facilitate the making of contributions to the SSF.

From the FEC Record

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Corporate PAC solicitations

Legal citations

Advisory opinions

AO 2003-14
Distribution of apron pins bearing PAC name

AO 2000-07
Use of corporate websites to provide PAC information and solicit contributions

AO 1999-06
Annuity allotment program permitting union member retirees to make contributions to SSF

AO 1991-03
PAC newsletter distributed outside restricted class

AO 1988-02
FEC reports posted on security exchange's employee bulletin boards

AO 1984-55
Solicitation of law firm's partners by PAC of a client bank

AO 1983-38
PAC information article published in company newsletter

AO 1982-65
PAC information provided in corporation's annual report

AO 1979-66
Notice in trade association's publications

AO 1979-13
Solicitation for separate segregated fund

This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public.

The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.