Federal Election Commission Main Page
FEDERAL ELECTION COMMISSION
Washington, DC 20463
March 24, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ADVISORY OPINION 2006-03
Mr. Sean C. Mackay
Treasurer
Whirlpool Corporation Political Action Committee
1200 G Street, N.W., Suite 828
Washington, DC 20005-3820
Dear Mr. Mackay:
We are responding to your advisory opinion request
concerning the application of the Federal Election Campaign
Act of 1971, as amended ("the Act"), and Commission
regulations to Whirlpool Corporation ("Whirlpool") Political
Action Committee's ("WCPAC") proposal to create a password-
restricted website containing information on WCPAC and its
activities. This website would be accessible by all current
employees in
Whirlpool's solicitable class using one common username and
password. The Commission concludes that under the facts and
circumstances presented, WCPAC may create a password-
restricted website for these current employees that is
accessible using one common username and password.
Background
The facts presented in this advisory opinion are based
on your letter received on January 26, 2006, and a phone
conversation that occurred on February 7, 2006.
Whirlpool is a Delaware corporation and is the
connected organization of WCPAC, a separate segregated fund
("SSF"). Whirlpool maintains an intranet government
relations website that is only accessible by its current
employees. Whirlpool proposes to add a link on its
government relations website to access the WCPAC website.
If an employee clicks this link, the employee will be
directed to a separate web page introducing the WCPAC
website with the following authorization screen:
Federal law prohibits the Whirlpool Corporation
Political Action Committee (WCPAC) from soliciting
donations from anyone other than stockholders,
executive and administrative personnel and the
families of such individuals. Contributions
received from any other person will be returned to
the donor. It is a violation of Whirlpool
Corporation employee rules to enter this site
unless you are a member of the restricted class.
Employees desiring additional information on their
eligibility to participate or about the activities
of the WCPAC may contact WCPAC, 1200 G ST NW,
Suite 821, Washington, DC 20005, Attention: [name,
phone number, and email address of WCPAC
Treasurer].
Members of the WCPAC restricted class may enter
the site by entering their username and password
below.
Once the server authenticates an employee's username and
password, the employee will have access to the WCPAC
website. The website will contain information about WCPAC,
including, but not limited to, a list of board members,
goals, PAC contribution criteria, and a payroll deduction
authorization form.
Questions Presented
1. May WCPAC create a password-restricted website
containing information on WCPAC and its activities that is
accessible by current employees in Whirlpool's solicitable
class using one common username and password?
2. May WCPAC provide employees in its solicitable class
access to this website from Whirlpool's government relations
website?
Legal Analysis and Conclusions
Yes, WCPAC may create a password-restricted website
that is accessible by current employees in Whirlpool's
solicitable class using one common username and password.
WCPAC may provide access to this website from Whirlpool's
government relations website.
The Act and Commission regulations prohibit a
corporation from making a contribution or expenditure in
connection with a Federal election. 2 U.S.C. 441b(a);
11 CFR 114.2(b)(1) and (b)(2). The term "contribution or
expenditure" in section 441b
includes any gift of money or anything of value in
connection with any election to Federal office, and is
subject to exceptions. 2 U.S.C. 441b(b)(2); 11 CFR
114.1(a)(1). One of these exceptions to the prohibition on
corporate contributions and expenditures permits a
corporation, or its SSF, to solicit voluntary contributions
to the SSF at any time from its solicitable class, i.e., the
corporation's executive and administrative personnel, its
stockholders, and the families of such persons. 2 U.S.C.
441b(b)(4)(A)(i); 11 CFR 114.5(g)(1).
In Advisory Opinion 2000-7 (Alcatel USA, Inc.), the
Commission determined that providing each member of the
solicitable class a separate and unique password for
accessing the SSF's website was sufficient to satisfy the
requirement that only the SSF's solicitable class may
receive solicitations for the SSF. See 2 U.S.C.
441b(b)(4)(A)(i) and 11 CFR 114.5(g)(1). Although Whirlpool
will provide all current employees who are members of its
solicitable class with the same username and password, the
underlying rationale set forth in Advisory Opinion 2000-7
(Alcatel USA, Inc.) is applicable to WCPAC's website. The
common username and password will limit access to the
website to those who know the common username and password,
i.e., Whirlpool's solicitable class. Whirlpool should take
steps to ensure that the common username and password will
not be disseminated beyond the solicitable class. See 11
CFR 114.5(h) (accidental or inadvertent solicitations beyond
the solicitable class are not violations provided that the
corporation used best efforts to comply with the limitations
regarding who it may solicit).
Except for the twice-yearly solicitations in 11 CFR
114.6, communications beyond the solicitable class that are
solicitations are impermissible. The Commission has
previously determined that language similar to the language
in the authorization screen as described above did not
constitute a solicitation. See Advisory Opinion 2000-7
(Alcatel USA, Inc.). Thus, the link to access the WCPAC
website on Whirlpool's intranet site with the authorization
screen will not constitute a solicitation for contributions
to WCPAC and is permissible.
This response constitutes an advisory opinion
concerning the application of the Act and Commission
regulations to the specific transaction or activity set
forth in your request. See 2 U.S.C. 437f. The Commission
emphasizes that, if there is a change in any of the facts or
assumptions presented, and such facts or assumptions are
material to a
conclusion presented in this advisory opinion, then the
requestor may not rely on that conclusion as support for its
proposed activity.
Sincerely,
(signed)
Michael E. Toner
Chairman
Enclosure (Advisory Opinion 2000-07)