Federal Election Commission Main Page
January 30, 1980
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ADVISORY OPINION 1979-66
Mr. Hubert Beatty, Treasurer
Associated General Contractors Political
Action Committee
1957 E street, N.W.
Washington, D.C. 20006
Dear Mr. beatty:
This responds to your letter of November 5, 1979,
in which you request an advisory opinion on behalf of the
Associated General Contractors Political Action Committee
concerning the application of the Federal Election Campaign
Act of 1971, as amended ("the Act"), and Commission regulations
to the permissibility of publishing certain information
about your committee in trade publications.
You explain in your letter that the Associated
General Contractors of America, the trade association
which sponsors the Associated General Contractors Political
Action Committee, (hereinafter "AGC-PAC"), would like to include
certain information about AGC-PAC in two of its trade
association publications. One of these publications is
a newsletter, the weekly AGC National Newsletter, which
is distributed to 12,000 members of the trade association.
The other publication, CONSTRUCTOR magazine, is distributed
to 26,000 readers, including all members of the trade
association as well as others who are not members.
The information that the trade association would like to
communicate to readers of both publications about AGC-PAC is
as follows:
"Attendees at AGC's 1979 Midyear Board Meeting committed
$50,000 to AGC's Political Action Committee. The
$50,000 committed at Minneapolis brings to $120,000 the
sum contributed to the AGC-PAC in 1979. This amount was
contributed by 479 individuals. Authorizations to solicit
members for contributions to AGC's PAC have been provided
by 2,292 individuals."
"Since AGC's Political Action Committee filed its
first report with the Federal Election Commission on
May 17, 1978, it has received contributions totaling
$189,000 and has made contributions totalling $75,000
to 166 candidates."
You ask specifically whether this information may be
included in either or both of the trade publications
described.
The Commission concludes that the proposed notice
regarding AGC-PAC's financial activity does not constitute
a "solicitation" under the Act and Commission regulations.
The notice as set forth does not encourage its readers
to support AGC-PAC activities nor does it provide readers
with information on how they can contribute to AGC-PAC.
The publication of the notice in AGC National Newsletter
and in CONSTRUCTOR magazine would, therefore, be
permissible.
The foregoing conclusion is distinguishable from Advisory
Opinion 1979-13 (copy enclosed) wherein the separate segregated
fund of a corporation proposed to publicize its existence
by running an article in the corporation's newsletter
describing the fund's activities. The commission
concluded that the proposed article was a solicitation for
voluntary contributions directed toward the readers of the
corporate newsletter since the article described the fundraising
activities of the separate segregated fund and contained
a quotation from the chairman of the fund commending the
enthusiasm of employees who had participated in fund activities
during the past year. Accordingly, in contrast to this opinion,
the Commission viewed the article as encouraging and
thus soliciting readers of the corporate newsletter
to participate in the separate segregated fund.
This response constitutes an advisory opinion concerning
application of the Act, or regulations prescribed by the
Commission, to the specific transaction or activity set forth
in your request. See 2 U.S.C. SS 437f.