Federal Election Commission Main Page
June 30, 1980
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ADVISORY OPINION 1980-63
Mr. Jay L. Fox
Treasurer
Committee for Tim Wirth
P.O. Box 15193
Lakewood, Colorado 80215
Dear Mr. Fox:
This responds to Your letter of May 19, 1980, requesting
an advisory opinion concerning application of the Federal
Election Campaign Act of 1971, as amended ("the Act"), and
Commission regulations to the treatment of costs incurred by
an individual to co-host a fundraiser.
According to your request, two contributors, Mr. Michael
Murphy and Mr. Collis Chandler hosted a fundraising activity
in the home of Mr. Murphy on behalf of the Committee for
Tim Wirth. They agreed to share the costs, approximately
$500 for refreshments, equally. You state that you "understand
Mr. Murphy's cost in hosting a function at his residence is
not considered a cash or "in-kind" reportable contribution,
but is subject to a $1,000 per election limitation." The question
you raise is whether the cost to Mr. Chandler of co-hosting
the fundraising activity held in Mr. Murphy's home on behalf
of Congressman Wirth is a contribution in-kind to the candidate
and reportable as a contribution.
Under the Act and Commission regulations the term "contribution"
does not include the use of real and the cost
of invitations, food, and beverages, voluntarily provided by an
individual to any candidate in rendering voluntary personal
services on the individual's residential premises, to the extent
that the cumulative value of invitations, food and beverages
provided by the individual on behalf of a single candidate
does not exceed $1,000 with respect to any single election.
See 2 U.S.C. SS 431(8)(B)(ii) and 11 CFR 100.7(b)(4), (5), and
(6). Thus, as you recognize Mr. Murphy's share of the cost
of the fundraiser, $250, is not a contribution.
The amount paid by Mr. Chandler, however, constitutes
a contribution in-kind to the candidate and is reportable as
such. It is clear from both the Act and Commission regulations,
specifically SS 100.7(b)(6) that the cost of invitations, food
and beverages, is not a contribution where they are voluntarily
provided by an individual volunteering personal services on the
individual's residential premises, see SS 100.7(b)(4), or in a church
or community room, see SS 100.7(b)(5), to a candidate to the extent
that the aggregate value provided on the candidate's behalf
does not exceed $1,000. Since the event was not held in
Mr. Chandler's residence nor a community room obtained by him,
the Commission concludes that his share, $250, is a contribution
to Congressman Wirth and should be reported as such by the
Committee for Tim Wirth.
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.