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      The advisory opinion process

The advisory opinion process Advisory opinions are official Commission responses to questions about how federal campaign finance law applies to specific, factual situations.
 Overview
          
            Requesting an advisory opinion
          
            Commenting on advisory opinion requests
          
            Draft answers to advisory opinion requests
          
            Commenting on draft answers
          
            Issuing an advisory opinion
          
            Reconsidering an advisory opinion
          
          
            Legal citations
 Advisory opinions can answer questions about:The Federal Election Campaign Act, which is codified in Title 52 of the U.S. Code, Sections 30101-30146.The laws about public financing of presidential campaigns and conventions, which are codified in Title 26 of the U.S. Code, Chapters 95 and 96.The Commission’s regulations, which are codified at Title 11 of the Code of Federal Regulations.An advisory opinion provides certain legal protections to any person who:Is involved in the activity involved in the issued advisory opinion,orEngages in activity that is "indistinguishable in all its material aspects" from the activity about which the advisory opinion is issued, andActs in good faith in accordance with the opinion.All advisory opinion requests, comments on requests and drafts (including attachments) are made available to the public online and in the FEC's Public Records room.
 Requesting an advisory opinion

  
  
    Anyone may request an advisory opinion, as long as the requestor is affected by the question he or she presents. A requestor cannot ask for an advisory opinion about someone else’s activities, hypothetical situations, or general questions of law.Advisory opinion requests must be in writing. The request must include a complete description of all facts relevant to the specific transaction or activity.Within ten days of receiving the request, the Commission’s Office of General Counsel must determine whether it qualifies as a complete advisory opinion request.A request does not qualify as a complete advisory opinion request if it:Asks a general question of interpretation.Asks about a hypothetical situation.Asks about the activities of someone other than the requestor.Asks about past activities that the requestor does not plan to continue in the future.Does not contain all of the factual information relevant to the activity that is the subject of the request.If the request does not qualify as an advisory opinion request, the Office of General Counsel notifies the requestor of the specific deficiencies in the request.If the request qualifies as an advisory opinion request, it is assigned an AOR number and made public.
      
      Submitting an advisory opinion requestAll requests should be directed to the attention of the Office of General Counsel. To ensure faster processing, requestors are encouraged to submit requests electronically via email:
      
      Email
          
          ao@fec.gov
      
      Alternatively, requests may be submitted in paper form:
      
      Mail
          
          U.S. Postal ServiceFederal Election CommissionOffice of General Counsel1050 First Street, NEWashington, DC 20463Delivery services(For example, FedEx, UPS, DHL)Federal Election CommissionOffice of General Counsel1050 First Street, NEWashington, DC 20002
      
      Fax
          
          Commission Secretary(202) 208-3333Office of General Counsel:(202) 219-3923

  
  
      


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        Search advisory opinion requests
 Commenting on advisory opinion requests

  
  
    Submit comments on a request in writing to the Office of General Counsel within ten days after the advisory opinion request is made public.Comments should refer to the AOR number of the request being commented on. Comments on advisory opinion requests are made public.
      
      Submitting a comment on an advisory opinion requestAll comments should be directed to the attention of the Office of General Counsel. To ensure faster processing, requestors are encouraged to submit comments electronically via email:
      
      Email
          
          ao@fec.gov
      
      Alternatively, requests may be submitted in paper form:
      
      Mail
          
          Federal Election CommissionOffice of General Counsel1050 First Street, NEWashington, DC 20463
  
    Fax
          
          Commission Secretary(202) 208-3333Office of General Counsel:(202) 219-3923

  
  
      


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 Draft answers to advisory opinion requests

  
  
    Before the meeting where the Commission is scheduled to consider an advisory opinion, the Commission will make public any draft answers to the advisory opinion request.Copies of these drafts are emailed to the requestor and made public.Draft advisory opinions are usually considered at Commission meetings, which are open to the public. Requestors or their counsel may appear before the Commission to answer questions at this open meeting. Requestors or their counsel unable to appear physically at a public meeting may participate by telephone, subject to the Commission's technical capabilities.

  
  
      


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        Search draft answers to advisory opinion requests
 Commenting on draft answers

  
  
    Comments must be in writing. Comments should reference the advisory opinion name or number (for example, AO 2011-11 (Colbert)) and include the name of the commenter and, if submitted on behalf of another person, the name of the other person.Generally, the deadline for comments on a draft advisory opinion is the noon on the day before the meeting at which the Commission is scheduled to consider the draft advisory opinion. The Commission will generally not accept comments received after the deadline noted in the cover memo for the draft advisory opinion. An extension request will be considered only if received before the comment deadline and then only on a case-by-case basis in special circumstances.All timely received comments will be made available to the public at the Commission's Public Records Office and will be posted online.Submit comments on draft answers by email, fax or hand delivery.
      
      Submitting a comment on a draft advisory opinionAll comments should be directed to the attention of the Office of General Counsel. To ensure faster processing, requestors are encouraged to submit comments electronically via email:
      
      Email
          
          ao@fec.gov
      
      Alternatively, requests may be submitted in paper form:
      
      Mail
          
          Federal Election CommissionOffice of General Counsel1050 First Street, NEWashington, DC 20463
  
    Fax
          
          Commission Secretary(202) 208-3333Office of General Counsel:(202) 219-3923

  
  
      


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        Search advisory opinion comments
 Issuing an advisory opinion

  
  
    The law generally requires the Commission to issue an advisory opinion within 60 days of receiving a complete advisory opinion request. But if the request is submitted by a federal candidate within 60 days before an election, and the request asks about a specific transaction or activity related to that election, then the Commission must respond within 20 days. In addition, the Commission has an informal practice through which it tries to respond to certain significant, time-sensitive requests within 30 days.The Commission issues an advisory opinion when four or more Commissioners vote to approve the draft advisory opinion before it. These votes almost always occur during an open meeting of the Commission.A requestor has the option to appear before the Commission at the open session where the Commission considers his or her advisory opinion request. A requestor can withdraw an advisory opinion request by submitting a written statement of withdrawal before the Commission votes to approve the advisory opinion.If at least four Commissioners don’t vote to approve a draft advisory opinion in response to a request, the Commission’s Office of General Counsel will send the requestor a letter stating that the Commission was unable to approve an advisory opinion. This letter is also included in the public record.

  
  
      


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  Advisory opinion statistics FY 2005 to 2008 (PDF)
 Reconsidering an advisory opinion

  
  
    A Commissioner who voted in the majority to approve an advisory opinion can move to reconsider the opinion. A Commissioner may move for reconsideration either:On the Commissioner’s own initiative, orIn response to a written request submitted by the original requestor (within 30 days of the opinion being issued).If at least four Commissioners vote to reconsider the advisory opinion, that opinion is vacated, and the Commission then proceeds to reconsider the substance of the original request.
 Legal citations Regulations 11 CFR 112.1(a)–(f)Requests for advisory opinions 11 CFR 112.2Public availability of requests 11 CFR 112.3Written comments on requests 11 CFR 112.4(b), (c) and (g)Issuance of advisory opinions 11 CFR 112.6(a), (b) and (d)Reconsideration of advisory opinions
 Statutes 52 U.S.C. 30101-30146 52 U.S.C. 30108(a)(1)Requests by persons, candidates, or authorized committees; subject matter; time for response 52 U.S.C. 30108(a)(2)Requests by persons, candidates, or authorized committees; subject matter; time for response 52 U.S.C. 30108(c)Persons entitled to rely upon opinions; scope of protection for good faith reliance 52 U.S.C. 30108(d)Requests made public; submission of written comments by interested public
 Federal Register Notice 74 Fed. Reg. 32160 (July 7, 2009)Advisory opinion procedure


This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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