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Party committee fundraiser for a candidate committee disclaimer example

Solicitations by a party committee for a federal candidate must include a disclaimer stating who has paid for the communication.

Image of a disclaimer example of a state party committee's invitation for fundraising dinner for a federal candidate

This is an example of the disclaimer notice requirements to raise funds for a fundraiser invitation paid for by a party committee for a federal candidate. 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.

In this example, the party committee will collect and forward contributions intended for a federal candidate. As a result, the rules that apply to earmarked contributions will apply. A political committee that serves as a conduit of an earmarked contribution must disclose the earmarked contribution, regardless of amount, on two separate reports: the committee’s next regularly scheduled FEC report, and a special transmittal report sent to the recipient authorized committee. To avoid these earmarking situations, it is recommended that contributions be made out to the candidate committee receiving the contribution and that a representative of the candidate committee is there to collect the contributions.

Best efforts
When raising funds for a candidate committee, 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 election cycle. 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 use its best efforts to collect and report it. This request must be clear and conspicuous.

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