Federal Election Commission Main Page
August 12, 1980
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ADVISORY OPINION 1980-78
Mr. Don L. Richardson
Republican Candidate for U.S. Senate
10635 I. H. 35 North
San Antonio, Texas 78233
Dear Mr. Richardson:
This responds to your letters of June 18 and July 23, 1980,
requesting an advisory opinion concerning application of the
Federal Election Campaign Act of 1971, as amended ("the
Act") , and relevant regulations to the proposed use of data
reported by other candidates in your campaign solicitation
letter.
According to your request, you plan to obtain from
reports filed with the Commission the total campaign expenditures
of other candidates in previous elections. You propose to
include this information as part of your campaign solicitation
letter. This data will encompass only the total campaign
disbursements and will not contain any information pertaining
to the identity of contributors. You ask whether the Act's
prohibition against the sale or use of any information
copied from reports or statements filed with the Commission
"for the purpose of soliciting contributions or for commercial
purposes" would apply. 2 U.S.C. SS 438(a)(4).
The focus of the proponents of 2 U.S.C. SS 438(a)(4)
centered on protecting the privacy of the "very public
spirited citizens" who make contributions to campaigns. The
principal, if not sole, purpose of the provision was to
protect contributor information and lists from being used
for commercial purposes. 117 Cong. Rec. 30058 (1971) (remarks
of Senator Bellmon, amendment sponsor). The Commission's
regulations, at 11 CFR 104.15 reinforce this prohibition
against the sale or commercial use of any information copied
from reports and statements filed with the Commission. An
exception to the stated restriction allows the use of information
copied or gained from reports filed with the Commission
in newspapers, books, magazines, or other similar publications.
This use is permissible "only if the principal purpose of
such communications is not to communicate contribution
information ... for purpose of soliciting contributions or
for other commercial purposes." 11. CFR 104.15(c).
The prevention of list brokering, not the suppression
of financial information, is the purpose of 2 U.S.C. SS 438(a)(4)
and 11 CFR 104.15. The Commission has reiterated this aim
in several previous advisory opinions. In Advisory Opinion
1977-66 the Commission decided that a political committee's
use of its own contributor list did not involve the type of
list brokering envisioned by the drafters of the Act or the
regulations. The Commission, in Advisory Opinion 1979-3,
concluded that a political committee could donate, sell, or
rent contributor lists compiled from its own records but
could not broker any list copied or obtained from disclosure
reports filed with the Commission.
It is the opinion of the Commission that the proposed
use of the described campaign expenditure data does not fall
within the prohibition contained in 2 U.S.C. SS 438(a)(4) and
11 CFR 104.15. The express legislative intent of the provision
does not seem to encompass the use of financial information
about other candidates in previous elections particularly
where, as here, no information relating to the identity of
contributors is given.
This response constitutes an advisory opinion concerning
application of the Act, or regulations prescribed by the
Commission, to the specific transaction or activities set
forth in your request. See 2 U.S.C. SS 437f.