AO 2007-11: Pre-Event communications for state or local party fundraisers featuring a federal candidate or officeholder

State party committees may invite federal candidates and officeholders to speak or be featured guests at fundraising events for state, district and local party committees and may publicize such events in pre-event communications that include references to the candidates as featured speakers or honored guests and are approved by the candidates who are to appear. The state party committees may also send a solicitation of nonfederal funds in a separate mailing that invites people to attend but does not refer to a federal candidate. The Commission considered, but could not reach an agreement on, the permissibility of pre-event communications that refer to a federal candidate as a featured speaker or honored guest and also contain a solicitation for nonfederal funds within the same mailing.

Background

The California Republican Party and the California Democratic Party plan to invite federal candidates and officeholders to be featured speakers or honored guests at various fundraising events for state, district or local party committees in California. These events would raise nonfederal funds for the respective committees. The California State Party Committees wish to publicize the appearance of the federal candidates or officeholders in pre-event communications that mention, or contain solicitations of, nonfederal funds to be raised at the event. The California State Party Committees would consult with the federal candidate or officeholder to obtain comments on, and approval of, the pre-event communication's language and form.

The California State Party Committees proposed three types of communications sent by the state or local committee to publicize the fundraising events:

• The first type of communication would be an invitation that states that a federal candidate or officeholder will be the featured speaker or honored guest and also asks for nonfederal funds.
• The second type of communication would be an invitation that mentions the federal candidate without soliciting nonfederal funds. The mailing would include a separate "reply card" that would request nonfederal funds without referring to any federal candidate or officeholder.
• The third communication would again be an invitation to attend the state or local party committee fundraiser and would mention the federal candidate, but the mailing would not contain a nonfederal solicitation. Instead, a nonfederal solicitation that identified the fundraising event and the date, but did not mention any federal candidate, would be sent in a separate mailing.

Analysis

The Federal Election Campaign Act (the Act) prohibits federal candidates and officeholders from soliciting or directing nonfederal funds in connection with federal elections. 11 CFR 300.61. Federal candidates and officeholders may, however, solicit, receive, direct or transfer funds in connection with nonfederal elections in amounts and from sources that are consistent with state law and that do not exceed the Act's limitations and prohibitions. 2 U.S.C. §441i(e)(1)(B) and 11 CFR 300.62.

The Act also allows candidates to "attend, speak or be a featured guest at a fundraising event for a state, district or local committee of a political party." 2 U.S.C. §441i(e)(3) and 11 CFR 300.64. While the state party may publicize the appearance of such a candidate or officeholder, federal candidates may not solicit nonfederal funds in written solicitations, pre-event publicity or through other fundraising appeals.

The Commission considered, but could not approve by the required four affirmative votes, the permissibility under the Act of the first and second proposed types of communications. The Commission concluded that the third communication would be permissible because the solicitation of nonfederal funds would be sent in a separate mailing that would not mention the federal candidate.

AO 2007-11: Date Issued: August 22, 2007; length: 4 pages.