AO 2024-02: Federal candidate may request reimbursement from nonfederal sources for costs of brochures
Congresswoman Maxine Waters and Citizens for Waters (requestors) may solicit and receive reimbursement from nonfederal sources for brochure costs because the reimbursements would comply with the source prohibitions, amount limitations and reporting requirements of the Federal Election Campaign Act (the Act).
Background
Congresswoman Waters represents California’s 43rd Congressional District. Requestors intend to use campaign funds to design, publish, and mail brochures featuring Congresswoman Waters’ endorsements of federal and nonfederal candidates and her positions on ballot measures.
Requestors propose to solicit and receive reimbursement from nonfederal sources for the portions of the brochures devoted to each nonfederal candidate and ballot measure, as determined by the candidate’s or ballot measure’s pro rata share of the costs to design, publish, and mail the brochures. The nonfederal sources from which requestors propose to solicit are: (1) the featured nonfederal candidates’ personal funds; (2) the nonfederal candidates’ committees; (3) state independent expenditure-only political committees supporting or opposing the nonfederal candidates; and (4) ballot measure committees supporting or opposing the featured ballot measures. The nonfederal committees and candidates that reimburse Citizens for Waters will be required to submit signed invoices attesting that their payments are from funds that do not exceed the applicable contribution limitations of the Act and from sources that would not be prohibited under the Act from contributing directly to Congresswoman Waters.
Analysis
Federal candidates and their committees may not “solicit, receive, direct, transfer, or spend funds” in connection with an election for federal office, unless the funds are subject to the amount limitations, source prohibitions, and reporting requirements of the Act.
The Commission concluded that requestors may solicit the nonfederal candidates and committees that appear in the proposed brochure and receive reimbursement if the nonfederal sources’ funds comply with the source prohibitions, amount limitations and reporting requirements of the Act. Requestors state that they will only solicit or receive funds that do not exceed the applicable contribution limitations of the Act and are from permissible sources. Because the Act does not require nonfederal candidates and committees to separately report their reimbursements, and provided that the nonfederal committees are not otherwise required to report to the Commission, then the reimbursements are subject to the reporting requirements of the Act for purposes of this analysis. Citizens for Waters is separately required to report activity related to the brochure under the reporting provisions of the Act and Commission regulations.
Date issued: February 15, 2024; Length: 5 pages
Citations
Statutes
52 U.S.C. § 30125(e)(1)(A)
Soft money of political parties
Regulations
11 C.F.R. § 104.11
Continuous reporting of debts and obligations
11 C.F.R. § 106.1
Allocation of expenses between candidates
11 C.F.R. § 300.71
Federal funds required for certain public communications
11 C.F.R. § 104.3(a)
Contents of reports. Reporting of receipts
11 C.F.R. § 104.3(b)
Contents of reports. Reporting of disbursements
Advisory opinions
Advisory Opinion 2004-37
Waters