Federal Election Commission Main Page
October 13, 1981
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ADVISORY OPINION 1981-38
Mr. Christopher J. Daly
CAMPAC Publications
610 East Capitol Street
Washington, D.C. 20003
Dear Mr. Daly:
This responds to your letter of August 18, 1981, requesting
an advisory opinion concerning the application of the Federal
Election Campaign Act of 1971, as amended ("the Act"), to the
use by CAMPAC Publications ("CAMPAC") of certain information
contained in reports filed with the Commission.
You state that CAMPAC Publications is in the process of
formulating a new national newsletter aimed at covering the
political campaigns of Presidential, Senatorial, and U.S. House
of Representatives candidates. This newsletter will be published
bi-weekly in Washington, D.C. and will contain information about
the inner workings of campaigns and the campaign industry. You
add that CAMPAC Publications wishes to use the information contained
in candidate filings with the FEC to provide leads for
news articles and other information which will be used in the
newsletter. Specifically, names and addresses which are contained
in the FEC files might be used for solicitation of both
information and subscriptions. You emphasize that the information
which will be the focus of your publication does not include
the names and addresses of any contributors to any campaigns.
Rather, you seek the names and addresses of candidates, campaign
workers, campaign consultants and firms or individuals who have
provided services to the various campaigns. Under these circumstances,
you ask whether the use of the described information,
contained in reports filed with the Commission, is permissible
under the Act.
2 U.S.C. SS 438(a)(4) generally allows for inspection and
copying of reports and statements filed with the Commission
but prohibits the sale or use of such copied information to
solicit contributions or for any other commercial purpose
with the exception of using the name and address of any
political committee to solicit contributions from such
committee. Commission regulations, specifically SS 104.15(a)
which elaborates on SS 438(a)(4) states, in part:
[A]ny information copied or otherwise obtained,
from any report or statement, or any copy, reproduction,
or publication thereof, filed with the
Commission... shall not be sold or used by any
person for the purpose of soliciting contributions
or for any commercial purpose, except that the
name and address of any political committee may
be used to solicit contributions from such
committee.
An exception to this restriction is found in subsection (c) of
104.15. This exception allows for the use of information copied
or otherwise obtained from reports filed with the Commission
in newspapers, books, or the like, but only if the principal
purpose of these communications is not to communicate any
contributor information for the purpose of soliciting contributions
or for other commercial purposes.
In a number of advisory opinions the Commission has focused
on the apparent Congressional intent behind 2 U.S.C. SS 438(a)(4).
Citing to the language of the proponents of this provision concerning
use of information filed with the Commission, those
opinions recognize that the principal, if not sole, purpose of
the restriction on use of information was to protect contributor
information and lists from being used for commercial purposes.
See Advisory Opinions 1980-101, 1980-78, and 1977-66.
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 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 Bellman, amendment sponsor). This view is further
reinforced by subsequent legislative history. Specifically,
it appears from the history of the 1979 Amendments to the
Act, that a commercial vendor may compile information from
FEC reports for the purpose of selling that information but
that the prohibition on the copying and use of names and addresses
of individual contributors is crucial and so was maintained. H.R.
Rep. No. 422, 96th Cong., 1st Sess. 23 (1979). 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. See
Advisory Opinion 1980-78.
The information which CAMPAC proposes to use in articles and
publish and sell is apparently information which is derived from
a Schedule B of the FEC reports filed by political committees (i.e.
expenditures by a political committee). Information from Schedule
B generally does not contain information relating to individual
contributors (except where a refund is made to a contributor).
If the information sought to be used by CAMPAC is not information
relating to individual contributors, the use of that
information for a commercial purpose would not be prohibited
by 2 U.S.C. SS 438(a)(4).
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.