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      Notices required on nonconnected PAC solicitations

Notices required on nonconnected PAC solicitations Disclaimer and authorization notice Nonconnected committee solicitations must include a notice identifying who paid for the solicitation. Types of communications requiring disclaimers The disclaimer requirements apply to “public communications” as defined in 100.26, including communications through any broadcast, cable or satellite transmission, newspaper, magazine, outdoor advertising facility, mass mailing or telephone bank to the general public, or any other form of general public political advertising. Internet communications are generally exempt from the definition of “general public political advertising,” with the exception of communications placed for a fee on another person’s website, digital device, application or advertising platform. However, these disclaimer requirements do apply to political committees’ websites and to email of more than 500 substantially similar communications when sent by a political committee. Finally, these requirements apply to any communications that solicit contributions. Wording of disclaimer A disclaimer notice must contain the full name of the committee, along with any abbreviated name used to identify the committee pursuant to 11 CFR 102.14(c). The actual wording of the notice will vary, depending on whether the advertisement is authorized by a candidate or candidate’s committee. Advertisement not authorized by candidate Communications not authorized by a candidate or his/her campaign committee, including any solicitation, must disclose the full name and permanent street address, telephone number or website address of the person who paid for the communication, and also state that the communication was not authorized by any candidate.
 Example: Advertisement not authorized by candidate “Paid for by the XYZ PAC (www.XYZ. org) and not authorized by any candidate or candidate’s committee.”
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      Nonconnected committee webstore/fundraiser disclaimer example
 Specific requirements for printed communications Printed materials must contain a printed box that is set apart from the contents in the communication. The disclaimer print in this box must be of sufficient type size to be “clearly readable” by the recipient of the communication, and the print must have a reasonable degree of color contrast between the background and the printed statement. The regulations contain a safe harbor that establishes a fixed, twelve-point type size as a sufficient size for disclaimer text in newspapers, magazines, flyers, signs and other printed communications that are no larger than the common poster size of 24 inches by 36 inches. Disclaimers for larger communications will be judged on a case-by-case basis. The regulations additionally provide two safe harbor examples that would comply with the color-contrast requirement: The disclaimer is printed in black text on a white background; orThe degree of contrast between the background color and the disclaimer text color is at least as great as the degree of contrast between the background color and the color of the largest text in the communication. Multiple-paged document A disclaimer, while required, need not appear on the front page or cover of a multiple-paged document. Package of materials Each communication that would require a disclaimer if distributed separately must still display the disclaimer when included in a package of materials. For example, if a campaign poster is mailed with a solicitation for contributions, a separate disclaimer must appear on the solicitation and on the poster.
 Learn more about special rules for internet disclaimers
 Items not requiring disclaimer A disclaimer is not required: When it cannot be conveniently printed (for example, on pens, bumper stickers, campaign pins, campaign buttons and similar small items);When its display is not practicable (for example, on wearing apparel, on water towers and in skywriting); orWhen the item is of minimal value, does not contain a political message and is used for administrative purposes (e.g., checks and receipts). Federal election purpose In order to deposit undesignated contributions into its federal account, a committee must inform donors that their contributions will be used in connection with a federal election or that they are subject to the limitations and prohibitions of the Federal Election Campaign Act. The committee may satisfy this requirement by including that information in its solicitation materials. "Best efforts rules" When making solicitations, committees and their treasurers must make "best efforts'" to obtain, maintain and report the name, address, occupation and employer of each contributor who gives more than $200 in a calendar year.
 Learn more about the best efforts rules
 IRS notice requirements Section 6113 of the Internal Revenue Code requires political committees whose gross annual receipts normally exceed $100,000 to include a special notice on solicitations informing solicitees that their contributions are not tax deductible. There are substantial penalties for failure to comply with this provision.
 Contact the IRS for more information
 Read next
            
          
            
          Fundraising for the PACFundraising for Super PACs by federal candidatesPaying for fundraising by nonconnected PACsFundraising for both federal and nonfederal accounts with the same program or eventAdvertising and disclaimersUse of candidates' names From the FEC Record Internet activity conducted by federal political committees (2020)
 Need help? Get help from the FEC by phone or email
 Legal citations Regulations 11 CFR 100.26Public communication 11 CFR 102.5(a)(2)(ii) and (iii)Organizations financing political activity in connection with federal and nonfederal elections, other than through transfers and joint fundraisers: Accounts and accounting 11 CFR 110.11(a)Communications; advertising; disclaimers; Scope 11 CFR 110.11(b)(3)Communications; advertising; disclaimers; General content requirements 11 CFR 110.11(c)(2)Communications; advertising; disclaimers; disclaimer specifications 11 CFR 110.11(d)(3)Communications; advertising; Coordinated party expenditures and independent expenditures by political party committees 11 CFR 110.11(f)Communications; advertising; Exceptions
 Advisory opinions AO 2011-13Disclaimers for internet solicitations, including on mobile internet devices AO 2011-10Fundraising program by nonconnected committee AO 2004-10Stand by your ad disclaimer AO 2002-09Disclaimer requirements for express advocacy communications printed as text messages on cell phone screens


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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