Federal Election Commission Main Page
February 9, 1981
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ADVISORY OPINION 1981-5
The Honorable Paul Findley
United States House of Representatives
Room 2113
Rayburn Building
Washington, D.C. 20515
Dear Mr. Findley:
This refers to your letter dated January 12, 1981,
which we received on January 19, requesting an advisory
opinion concerning application of the Federal Election
Campaign Act of 1971, as amended ("the Act").
Your letter states your intention to write a letter to
selected persons who made contributions to the campaign of
your opponent in the 1980 general election. You wish to
send these letters "to set the record straight on certain
defamatory charges made against me." You further state that
the letters will not have any commercial purpose, nor will
they solicit "any contribution of any kind." Moreover, you
state that the letters will not solicit "the recipient's
support or vote in any future election."
You ask for an opinion as to whether the production and
mailing of such a letter would be permitted under 2 U.S.C.
SS 438(a)(4). As you know, the cited SS 438(a)(4) provides that
the Commission is required to make reports and statements
filed with it available for public inspection and copying.
However, any information copied from such reports or statements
"may not be sold or used by any person for the purpose of
soliciting contributions or for commercial purposes...".
Commission regulations explaining this provision state in
part that information copied or otherwise obtained from any
report or statement filed with the Commission, the Clerk of
the House, the Secretary of the Senate, or any Secretary of
State (or other equivalent state officer), shall not be sold
or used by any person for the purpose of soliciting contributions
or for any commercial purpose. 11 CFR 104.15(a).
Soliciting contributions is defined to include soliciting
any type of contribution or donation such as political or
charitable contributions. 11 CFR 104.15(b). In addition,
the regulations state that information copied or obtained
from reports may be used in newspapers, magazines, books or
other similar communications "as long as the principal
purpose of such communications is not to communicate any
contributor information listed on such reports for the
purpose of soliciting contributions or for other commercial
purposes." 11 CFR 104.15(c).
Commission advisory opinions pertaining to SS 438(a)(4)
and 11 CFR 104.15 have concluded that the principal, if not
sole, purpose of restricting the use of information copied
from reports was to protect individual contributors from
having their names used for commercial purposes, or from
inclusion on contributor lists that are used for commercial
purposes. See Advisory Opinions 1980-101, 1980-78, and
1977-66, copies enclosed. Accordingly, the Commission
concludes that copying the names and addresses of contributors
listed on reports, which were filed under the Act by your
opponent's campaign committee, for the purpose described in
your request, would not be a prohibited use of contributor
information under 2 U.S.C. SS 438(a)(4) or Commission regulations
at 11 CFR 104.15. Of course, any disbursements made
for this purpose by your campaign committee would be subject
to the reporting requirements of the Act and regulations. 2
U.S.C. SS 434(b) and 11 CFR 104.3(b).
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.