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Federal Election Commission | United States of America

Sample: Nonfederal event raising funds outside federal limits

In this example, an officeholder is participating in a nonfederal fundraiser where contributions are being raised outside the federal amount limits and source prohibitions:

An example of publicity for a non-federal fundraiser raising contributions outside the source limits and prohibitions

The officeholder is identified in a manner not specifically related to fundraising (“Featured Speaker”).

A federal candidate or officeholder (or agent of either) may not agree to the use of their name or likeness in publicity that contains a solicitation of funds outside the limitations and prohibitions of Federal Election Campaign Act (the Act) or of Levin funds if they are identified as serving in a fundraising manner, such as honorary chairperson or member of a host committee, is identified in the publicity as extending the invitation to the event, or the federal candidate or officeholder signs the communication. These restrictions apply even if the publicity contains a disclaimer.

If the publicity contains a solicitation for funds outside the limitations or prohibitions of the Act or for Levin funds, the federal candidate or officeholder (or agent of either) may consent to the use of the name or likeness of the federal candidate or officeholder in the publicity, only if:

  • The federal candidate or officeholder is identified in a manner not specifically related to fundraising, such as a featured guest, honored guest, special guest, featured speaker or honored speaker; and
  • The publicity includes a clear and conspicuous oral or written disclaimer that the solicitation is not being made by the federal candidate or officeholder.

In addition, the federal candidate or officeholder (or their agent) is prohibited from disseminating publicity for nonfederal fundraisers that contains a solicitation of funds outside the limitations or prohibitions of the Act or of Levin funds.

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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.