FEC approves advisory opinion

WASHINGTON – The Federal Election Commission has issued an advisory opinion that it approved in response to a request from Democracy Engine, LLC.

Advisory Opinion 2022-03 (Democracy Engine) The Commission approved by tally vote yesterday an advisory opinion in response to a request from Democracy Engine, LLC. Under the circumstances described in the request, the Commission concluded that a corporate separate segregated fund (SSF) client of Democracy Engine may solicit the general public to make contributions through a customized website hosted by Democracy Engine and receive real-time data about any resulting contributions because that activity is not prohibited corporate facilitation, and the proposed activity is not covered by the “sale or use” prohibition of the Federal Election Campaign Act of 1971, as amended. The Commission also concluded that disclaimers must be provided on the customized website because it would be the website of a political committee. The Commission did not approve a response by the required four votes to the questions of whether a corporation could use Democracy Engine’s platform to communicate with its restricted class or the general public about contributing to candidates and committees without undertaking such activity through its corporate SSF.