AO 2007-21: Federal candidate and officeholder may serve as honorary chairman for publicly funded nonfederal candidates

A current federal candidate and officeholder may serve as the honorary chairman of the general election campaigns of publicly funded state candidates, because his proposed activities would not violate the Federal Election Campaign Act’s (the Act) restrictions on federal candidate and officeholder activities in connection with nonfederal elections.

Background

Representative Rush Holt is a candidate for re-election to the U.S. House and proposes to serve as the “honorary chairman” of the general election campaigns of three candidates for the New Jersey legislature. All of these candidates are participating in the New Jersey Fair and Clean Elections Pilot Project (NJ FECPP).

Under this pilot project, a candidate must qualify to receive public funds by meeting several criteria, which include receiving no fewer than 400, and no more than 800, “qualifying contributions”—$10 contributions from individuals registered to vote and residing in the district the candidate seeks to represent. Candidates participating in NJ FECPP must not receive any other private funding except qualifying contributions and “seed money,” which is money candidates are permitted to raise from registered New Jersey voters to finance the collection of qualifying contributions. A seed money contribution may not exceed $500, and the total amount of seed money a candidate may raise is limited to $10,000.

Representative Holt would allow his name to appear on publicly funded state candidates’ campaign letterhead and in other communications that express his support for their candidacies. The state candidates will not promote or support Representative Holt or attack or oppose any of his opponents in their communications.

Analysis

The Act and Commission regulations prohibit federal candidates and officeholders from soliciting, receiving, directing, transferring, spending or disbursing funds in connection with nonfederal elections unless those funds comply with federal limitations and source prohibitions. 2 U.S.C. §441i(e)(1)(B) and 11 CFR 300.62. Since all three state candidates that Representative Holt proposes to support have qualified for public funding under New Jersey law (and are thus prohibited from accepting any further private contributions), none of the communications in which Representative Holt will appear are solicitations. Thus, he will not solicit any funds in those communications. Furthermore, Representative Holt will not be involved in any decisions regarding the spending or disbursement of the candidates’ funds.

The Act and Commission regulations also require that payment for any public communication that clearly identifies a federal candidate and promotes, attacks, supports or opposes any federal candidate be paid with federal funds (i.e. funds that are subject to the Act’s limitations, prohibitions and reporting requirements). 2 U.S.C. §441i(f)(1) and 11 CFR 300.71. The state candidates will not promote or support Representative Holt, nor attack or oppose his opponents, in their general election communications merely by including Representative Holt’s name, along with the title “Honorary Chairman,” on the letterhead or in communications expressing his support for their candidacies.

Finally, since Representative Holt’s involvement with the state candidates’ campaign communications will be limited to his expression of support for their candidacies, the proposed communications would fall within the safe harbor for endorsements by federal candidates under the Commission regulations governing coordinated communications. Thus, the proposed communications would not be considered to be “coordinated communications.” 11 CFR 109.21(g)(1).

AO 2007-21: Date Issued: October 12, 2007; length: 4 pages.