AO 2007-10: Campaign may not use corporate names, trademarks or service marks at golf fundraiser

A candidate's committee may not recognize the corporate employers of individual contributors at a golf tournament fundraiser because the use of the corporation's name, trademark or service mark would result in the corporate facilitation of contributions, which is prohibited by the Federal Election Campaign Act (the Act).

Background

Congressman Silvestre Reyes and his authorized committee (the Reyes Committee) plan to host a golf-tournament fundraiser for the committee. Individuals or political action committees (PACs) will sponsor each of the 18 holes for the golf tournament and each hole will feature a sign that recognizes the particular sponsor of that hole. The Reyes Committee also wishes to increase participation in the fundraiser by displaying the name, trademark or service mark of the corporation that employs each individual who sponsors a hole at the tournament. Each individual would pay for the sponsorship, and the contribution would apply to that individual's contribution limit to the Reyes Committee.

Analysis

Corporations are prohibited from using corporate resources to facilitate the making of contributions to federal political committees other than the corporation's separate segregated fund (SSF). 11 CFR 114.2(f)(1) and (f)(4)(ii).

The names, trademarks and service marks of corporations are considered to be corporate resources. Neither a corporation nor its agents are permitted to use corporate resources to facilitate the making of a contribution to any political committee, nor may a political committee knowingly accept or receive prohibited contributions. 11 CFR 114.2(d).

In this case, the Reyes Committee's stated reason for including the corporate name, trademark or service mark is to encourage contributions to the fundraiser. A corporation would be using its resources to facilitate such contributions if it allowed the Reyes Committee to use its resources in this way. In addition, an individual employee of a corporation would act as the corporation's agent if he or she approved or accepted the Reyes Committee's use of the corporation's resources. Accordingly, if agents of a corporation were to allow the Reyes Committee to use the corporation's resources at the tournament, the corporation would be impermissibly facilitating the making of a contribution. Such corporate facilitation is prohibited, and the Reyes Committee may not accept facilitated contributions. Therefore, the Reyes Committee may not recognize the corporate employers of individual contributors at its fundraiser.

AO 2007-10: Date Issued: August 21, 2007; length: 3 pages.