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      Who is a member

Who is a member For membership organizations (including labor organizations and trade associations), most of the restricted class will be made up of the members of the organization, so it's important to understand the terms "member" and "membership organization" as they appear in FEC regulations. Definition of membership organization A membership organization is a trade association, a cooperative, a corporation without capital stock or a local, national or international labor organization that meets the following qualifications: It is composed of members who have the authority to administer the organization according to the organization’s bylaws;Its bylaws state the qualifications for membership;It makes its bylaws available to its members;It expressly solicits persons to become members;It expressly acknowledges new members by, for example, sending a membership card or including the member’s name on a newsletter list; andIt is not organized primarily for the purpose of influencing the nomination for election, or the election, of any individual to federal office. Definition of member A member of a membership organization is an individual or other entity that: 1. Satisfies the requirements for membership as specified by the membership organization; 2. Affirmatively accepts the organization’s invitation to become a member; and 3. Maintains a relationship with the organization in one of the following ways: It has a significant financial attachment, such as a significant investment or ownership stake;It pays dues at least annually as predetermined by the organization; orIt has a significant organizational attachment, which is demonstrated by annual affirmation of membership and direct participatory rights in the governance of the organization, for example:The right to vote directly or indirectly for at least one individual on the membership organization’s highest governing board;The right to vote directly for organization officers;The right to vote on policy questions where the highest governing body is obligated to abide by the results;The right to approve the organization’s annual budget; orThe right to participate directly in similar aspects of the organization’s governance. The Commission may determine, on a case-by-case basis through the advisory opinion process, the membership status of persons who do not meet the requirements but who have a relatively enduring and independently significant financial or organizational attachment to the membership organization (for example, students, lifetime members and retirees). Multi-tiered organizations When an organization has a national federation structure or has affiliates at several levels (for example, national, state, regional, local), a person who qualifies as a member of one affiliate will also qualify as a member of all affiliates within that organization. State law inapplicable Whether or not an organization has members (for purposes of federal campaign finance law) will be determined by FEC regulations and not by the definitions of state law.
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          Solicitable class of labor organizationSolicitable class of membership organizationSolicitable class of trade associationTrade association federations From the FEC Record Trade association solicitations
 Need help? Get help from the FEC by phone or email
 Legal citations Regulations 11 CFR 100.5(g)(2)Affiliation between organizations 11 CFR 114.1(e)(1)Definition of membership organization 11 CFR114.1(e)(2)Definition of member 11 CFR 114.1(e)(3)Case-by-case determination of membership 11 CFR 114.1(e)(5)Multi-tiered organizations 11 CFR 114.1(e)(6)State law inapplicable
 Advisory opinions AO 2008-21Solicitation by corporate SSF of members of corporation's wholly-owned mercantile exchanges for political contributions AO 2007-16Affiliation of entities in a multi-tier membership organization for soliciation purposes AO 2005-14Solicitation of regional trade association's members for contributions to the SSF of the federation of regional trade associations AO 2003-13Student members as members of an organization AO 2002-11, n.2Non-affiliation of national and state trade associations AO 2000-04Automatic deductions for credit union PAC AO 1999-40Solicitation of members of rural electric cooperatives AO 1999-06Annuity allotment program permitting union member retirees to make contributions to SSF AO 1998-19Solicitation of credit union members for PAC of federation of credit union trade associations


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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