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Fundraising notices for party committees

Certain notices must appear on party committee solicitations.

Federal election purpose

Solicitations must inform potential contributors that their contributions will be used in connection with federal elections or that they are subject to the limits and prohibitions of the Federal Election Campaign Act (the Act).

Disclaimer notice

Solicitations for the party committee must include a disclaimer stating who has paid for the communication and must contain the following information:

If the communication is authorized by a candidate, candidate’s committee or agent of either entity, but paid for by any other person, the disclaimer must state the communication is paid for by the third party and is authorized by the candidate, authorized committee or agent.

Example

“Paid for by XYZ State Party Committee and authorized by Joe Smith for Congress.”

If the communication is not authorized by a candidate, authorized committee or agent of either, the disclaimer must include who paid for the communication, the permanent street address, telephone number or website address of the person paying for the communication and that the communication was not authorized by any candidate.

Example

“Paid for by the XYZ State Party Committee (www.XYZ.org) and not authorized by any candidate or candidate’s committee.”

“Best efforts” notice

Party committees and their treasurers must make “best efforts” to obtain, maintain and report the name, address, occupation and employer of each contributor who gives more than $200 in a calendar year. Reports filed with the Commission will be considered to be in compliance with the Act when the treasurer shows that best efforts have been used to obtain, maintain and submit the information required by the Act. In order to show that the committee has made “best efforts,” solicitations must specifically request that information and inform contributors that the committee is required by law to undertake best efforts to report it.

IRS notice

Section 6113 of the Internal Revenue Code requires political committees whose gross annual receipts normally exceed $100,000 to include a special notice on solicitations informing solicitees that their contributions are not tax deductible.

There are substantial penalties for failure to comply with this provision. Contact the IRS for more information.

FCC notice

Check with the Federal Communications Commission for information on required notices for political ads aired on radio or television.

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