Using information obtained from FEC reports

Political committees registered with the FEC must file periodic reports to disclose their receipts and disbursements. These reports are available to the public both at FEC headquarters in Washington, DC, and on the agency's website. While anyone may review committees' reports, there are restrictions on the use of certain information. This article answers common questions regarding the use of information obtained from reports and other statements filed with the FEC.

What information is available on reports and statements filed with the FEC?

Under the Federal Election Campaign Act (the Act) and FEC regulations, political committees must disclose all receipts and disbursements and provide detailed information regarding certain transactions. For example, committees must request and disclose the name, address, occupation and employer of all individual donors who contribute more than $200 during a calendar year. Contributions from political committees must be itemized regardless of the amount. Similar itemization is required for disbursements.

What restrictions apply to the use of information obtained from reports and statements filed under the Act?

The names and addresses of individual contributors may not be sold or used for any commercial purpose or to solicit any type of contribution or donation, such as political or charitable contributions. 2 U.S.C. §438(a)(4); 11 CFR 104.15. This "sale and use" restriction is intended to protect the privacy of individual donors. (See, for example, Advisory Opinions (AOs) 2003-24, 1995-05, 1981-38, 1980-101 and 1980-78.)

Any person who violates this restriction is subject to the penalties of 2 U.S.C. §437g.

Do these restrictions apply to information about PACs?

No. The sale and use restriction applies only to the use of individual contributor information, not to the use of names and addresses of political committees. The name and address of a political committee may be taken from FEC reports and used to solicit contributions from that political committee. 11 CFR 104.15(a) and AO 1980-101.

Do these restrictions apply to the media?

No. Information about individual contributors may be used in newspapers, magazines, books or similar communications provided that "the principal purpose of such communications is not to communicate any contributor information listed on such reports for the purpose of soliciting contributions or for other commercial purposes." 11 CFR 104.15(c).

Under this exception, media outlets, such as newspapers and news and opinion websites, may republish individual contributor information, including personally identifiable information available in campaign finance reports. Contributors should note that FEC regulations require committees to seek and disclose an individual’s "mailing address." 11 CFR 104.8(a). A mailing address is any address at which an individual can receive mail, including a work address or a P.O. Box.

May an incorporated organization use information about contributors obtained from FEC reports in its products?

No. Information about individual contributors obtained from FEC reports could not be included in an organization's commercially available products. However, if the contributors are political committees, the inclusion of contributor information as a feature of the organization's commercially available products would not be prohibited under the Act and regulations. AOs 2004-24 and 1980-101.

What are some ways an incorporated organization could permissibly use information obtained from FEC reports?

In a series of AOs, the Commission has found the following corporate activities permissible:

• The sale of pages copied from FEC reports as long as the pages do not disclose information on individual contributors. AO 1989-19.
• The posting of campaign finance reports (including lists of contributors), filed by federal PACs, on bulletin boards of an incorporated membership organization in order to provide information to members. AO 1988-02.
• A business's use of the names and addresses of candidates to solicit them as potential clients. AO 1983-44.
• The use of the names and addresses of candidates, campaign workers, campaign consultants and others who provide services to political committees in order to solicit newsletter subscriptions or to obtain leads for news articles. AO 1981-38.

Could a nonprofit organization use the information about contributors from FEC reports to send out their educational information via direct e-mail?

No. In AO 2003-24, the Commission said a 501(c)(3) organization could not obtain information copied from FEC reports in order to send out educational and advocacy information to individuals via direct mail. The communication would result in the individual’s receipt of a later communication that might include a solicitation for funds. Therefore, this action would violate the "sale and use" restrictions of the Act. Under Commission regulations, "soliciting contributions" includes soliciting any type of contribution or donations, such as political or charitable contributions. 11 CFR 104.15(b).

May a candidate use the names and addresses of individual contributors to his opponent or to other candidates or committees to solicit contributions?

No. While the Commission has allowed candidates to use an opponent's list of contributors to send letters clarifying their views, the letters could not carry a solicitation. AO 1981-05.

When can a candidate use the names and addresses of individual contributors disclosed on the reports filed by other candidates or committees?

In a series of advisory opinions, the Commission has stated the following activities are permissible:

• A candidate may inform individual contributors disclosed on reports filed by an unauthorized political committee that the candidate did not authorize the committee to solicit for the campaign. AO 1984-02.
• A candidate may use information from an opponent's reports in order to respond to alleged defamatory charges. AO 1981-05.
• A candidate may use in solicitation materials the campaign expenditure data reported by other candidates. AO 1980-78.

May a political committee compile its own list of contributors and distribute it to others?

The sale and use restriction does not prevent a committee from compiling its own list of contributors and distributing it to others. Subject to other applicable requirements of the Act, a committee may donate, sell, rent or trade its contributor list to other committees and organizations. See, for example, AOs 1982-41 and 1981-53.

Treasurers are responsible for ensuring that the mail lists they lease or purchase have not been developed in violation of the sale and use restriction.

How can a political committee permissibly use information obtained from FEC reports?

In a series of advisory opinions, the Commission has found the following activities permissible:

• A PAC may use information from FEC reports to notify campaign contributors that a candidate has switched party affiliation, and has promised to refund contributions upon request. AO 2009-19.
• The use of any information (other than information on individual contributors) in a directory of PACs to be sold commercially. AO 1980-101.

May an individual use FEC contributor information to verify the names of individual contributors contained on a list intended to be used for commercial purposes?

No. By using FEC information to purge individual contributors from an existing list of contributors or to otherwise identify contributors, an individual would be increasing the commercial value of the list, thereby violating Section 438(a)(4)'s ban on commercial use of contributor information. See AO 1985-16.

May an individual use contributor information for an academic research project?

Yes. In AO 1986-25, the Commission stated that the use of individual contributor information for an academic research project that would not involve the sale or use of that information for a commercial purpose or for soliciting contributions would be permissible.

How can a political committee be sure that no one is using the information it reports to solicit its individual contributors?

A political committee's mail list is one of its most valuable assets. In order to protect this asset, FEC rules provide a method of detecting whether the names and addresses of individual contributors are being used illegally. A political committee may sprinkle throughout or "salt" each report with up to ten fictitious names. 2 U.S.C. §438(a)(4); 11 CFR 104.3(e).

If a solicitation or commercial mailing is sent to one of the fictitious names, the committee will know that someone has illegally used the names of contributors disclosed on its reports. The committee may file a complaint with the FEC. Salting enables the committee to protect the privacy of its individual contributors.

In disclosing the fictitious contributors on a report, how may committee avoid inflating the figure reported for total contributions?

One way to be sure that the total amount of contributions remains unaltered and accurate is to take a portion of the subtotal for unitemized contributions and allocate it, as itemized contributions, among several fictitious contributors. The committee itemizes each fictitious contribution on a Schedule A, providing a real address (such as the address of a committee worker) for each fictitious contributor. The committee must adjust its subtotals for itemized and unitemized contributions accordingly on the Detailed Summary Page.

If a committee uses fictitious names, how should it report them to the FEC?

When a committee uses fictitious names on a report, the list of fictitious contributions should be sent, under separate cover, directly to the Commission's Reports Analysis Division (not the Secretary of the Senate or the appropriate state filing office) on or before the date the report containing the fictitious names is filed. The fictitious names will be maintained by the Commission and will not become part of the public record.

What should I do if I believe a violation of the sale and use restriction has occurred?

If you believe the sale and use restriction has been violated, you may file a written complaint with the FEC. Send the Commission a letter explaining why you (the complainant) believe the law may have been violated. Describe the specific facts, circumstances and names of the individuals or organizations responsible (the respondents).

Your complaint should also indicate which allegations are based on personal knowledge and which ones are based on outside sources (for example, newspaper articles). The letter must be signed, sworn to and notarized. For additional information, consult the Filing a Complaint brochure.

Notwithstanding the protections offered by the sale and use restriction, must a donor provide his/her name, address, occupation and employer?

FEC regulations require committees to make "best efforts" to obtain and report this information for donors whose contributions exceed $200 in a calendar year, but there is no provision that requires a donor to provide it. 11 CFR 104.7. It should be noted, however, that a committee can only accept up to $50 from an anonymous source. 11 CFR 110.3(c)(4).

Can a donor provide a P.O. Box or work address, instead of a home address?

FEC regulations refer to an individual's "mailing address," 11 CFR 104.8(a). So, any address at which an individual can receive mail would suffice.

Additional Information

For additional information on the sale and use restriction, contact the FEC's Information Division at 1-800-424-9530 or 202-694-1100 or by e-mail to info@fec.gov.