Federal Election Commission Main Page
February 13, 1980
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ADVISORY OPINION 1979-81
The Honorable Larry Winn, Jr.
U.S. House of Representatives
2416 Rayburn House Office Building
Washington, D.C. 20515
Dear Congressman Winn:
This responds to your letter of December 20, 1979,
requesting an advisory opinion concerning application of
the Federal Election Campaign Act of 1971, as amended ("the
Act"), to the use of a community facility for a fundraising
event.
Your letter states that you plan to hold a fund raiser
on April 13 at the Armory in Kansas City, Kansas. The Armory
is owned by the State of Kansas and managed by the Citizen's
Military Committee ("Citizen's Committee"). You state that
it has been the Citizen's Committee's policy in the past to
make the Armory available free of charge to each political
party once during a year. The Citizen's Committee plans
to permit the Wyandotte County Republican Committee ("County
Committee") the use of the facility, and the County Committee
will grant the Winn for Congress Committee ("Winn Committee")
the right to use the facility on this occasion as the
without-charge event. You ask whether the use of the
Armory by the Winn Committee under these circumstances
is permissible under the Act, and, if so, how such use
should be reported.
Under the Act, the term "contribution" is defined to
include any gift, subscription, loan, advance, or deposit
of money or anything of value made by any person for the
purpose of influencing any election for Federal office.
2 U.S.C. SS 431(8)(A), formerly 2 U.S.C. SS 431(e)(1). The
Federal Election Campaign Act Amendments of 1979*/ amended
*/Public Law 96-187, 93 Stat. 1339, effective January 8, 1980.
the definition of the term contribution so as to exclude
from such definition "the use of real or personal property,
including a church or community room used on a regular
basis by members of a community for noncommercial purposes,...
in rendering voluntary personal services on the individual's
residential premises or in the church or community room for
candidate-related or political party-related activities...."
2 U.S.C. SS 431(8)(B)(ii).
The Commission concludes that so long as the Armory is
commonly offered and used on a regular basis by members of
the Kansas City community for noncommercial and community
purposes, and is available for use without regard to political
affiliation, then use of the Armory by the Winn Committee
would not constitute a contribution to the Winn Committee
by the State of Kansas, the Citizen's Committee or the
County Committee. If the use of the Armory by the Winn
Committee does not constitute a contribution received
by the Winn Committee, there would be no requirement
to report the value of such use.
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.