AO 2024-08: Campaign may seek redesignation of general election contributions to recount fund
A principal campaign committee may ask its general election contributors to redesignate their contributions to its recount fund.
Background
Representative Bob Good was a candidate for the Republican nomination in the primary election for Virginia's 5th Congressional District on June 18, 2024. Based on the results of that election, a recount was scheduled, and Representative Good established a recount fund to pay for expenses related to that recount. Good for Congress, his principal campaign committee, has spent almost all its primary election funds, but retains contributions designated for the general election.
Representative Good, and Good for Congress, propose to ask contributors to the general election to redesignate their contributions for the recount fund.
Analysis
Under the Federal Election Campaign Act (the Act) and Commission regulations, limits on contributions made to a federal candidate apply separately to each election, and a candidate may accept contributions designated to the general election prior to the primary. However, if a candidate does not participate in the general election, contributions made to that election must be refunded, redesignated, or reattributed.
Neither the Act nor Commission regulations expressly address the redesignation of contributions for an election recount. The Commission has, however, previously concluded that authorized committees may request redesignation of contributions in other circumstances not contemplated by the regulations, such as for use in a potential special election and special election runoff.
Furthermore, the Commission has previously concluded that a recount of the votes cast in a federal election is "in connection with an election for federal office." As such, the funds an authorized committee spends on that recount are subject to the limitations, prohibitions, and reporting requirements of the Act. General election contributions redesignated by contributors for the proposed recount fund will comply with the Act’s amount limitations and source prohibitions because they were subject to those requirements when they were originally received. Accordingly, Good for Congress may seek redesignations of general election contributions to its recount fund.
Date issued: July 25, 2024; Length: 5 pages
Citations
Regulations
11 C.F.R. § 110.1
Contributions by persons other than multicandidate political committees