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Federal Election Commission | United States of America
  • Press Release

FEC approves advisory opinion

May 18, 2021

WASHINGTON – The Federal Election Commission has issued an advisory opinion concerning whether Tally Up, LLC may use certain aggregated contribution data derived from FEC reports in its data services to candidates. The Commission held a tally vote on the draft advisory opinion yesterday.

Advisory Opinion 2021-05 (Tally Up, LLC). The Commission concluded that the requestor may not use the data as proposed, because such information would be used to solicit contributions, which is prohibited by the Federal Election Campaign Act of 1971, as amended (the Act), and Commission regulations. Chair Shana M. Broussard, Vice Chair Allen Dickerson, and Commissioners Sean J. Cooksey, James E. “Trey” Trainor III, and Ellen L. Weintraub voted for adoption of the Advisory Opinion. Commissioner Steven T. Walther did not vote.

The Federal Election Commission (FEC) is an independent regulatory agency that administers and enforces federal campaign finance laws. The FEC has jurisdiction over the financing of campaigns for the U.S. House of Representatives, the U.S. Senate, the Presidency and the Vice Presidency. Established in 1975, the FEC is composed of six Commissioners who are nominated by the President and confirmed by the U.S. Senate.

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This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public.

The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.