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FEDERAL ELECTION COMMISSION

1050 FIRST STREET, N.E.

WASHINGTON, D.C. 20463

TO: The Commission

The Office of the Commission Secretary

FROM: Allen J. Dickerson

Commissioner 

DATE: May 2, 2024

RE: Proposed Directive Concerning Requests to Withhold, Redact, or Modify 

Contributors’ Identifying Information

The Federal Election Campaign Act’s disclosure requirements are not 

absolute. From the beginning, the Supreme Court has recognized that the compelled 

publication of individuals’ political affiliations, street addresses, and employment 

details encroaches upon the “privacy of association and belief guaranteed by the First 

Amendment.”1 Such intrusions have survived constitutional scrutiny only because 

they have been found properly tailored to the government’s legitimate interests.

But they are also subject to individual exceptions. Where a person or group can 

show “a reasonable probability” that compelled disclosure “will subject them to 

threats, harassment, or reprisals from either Government officials or private parties,” 

they must be excused from disclosing the information that will put them at risk.2 

This is a Constitutional right – Americans are entitled to make political 

contributions without being attacked, threatened, or fired – but it is also common 

sense and the right thing to do. The Commission has acted accordingly. For nearly 

twenty-five years, it granted a blanket exception permitting the Socialist Workers 

Party to protect its donors’ confidentiality.3 

1 Buckley v. Valeo, 424 U.S. 1, 64 (1976) (per curiam) (collecting cases).

2 Id. at 74.

3 Consent Decree, Socialist Workers 1974 Nat’l Campaign Comm. v. Fed. Election Comm’n, Case No. 

74-1338 (D.D.C. 1979) and Advisory Ops. 1990-13 (Socialist Workers Party), 1996-46 (Socialist

Workers Party), 2003-02 (Socialist Workers Party), 2009-01 (Socialist Workers Party), 2012-38

(Socialist Workers Party).

AGENDA DOCUMENT NO. 24-19-A 

AGENDA ITEM

For the meeting of May 16, 2024 
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More recently, the Commission has granted several private requests to redact 

or substitute individual mailing addresses on Commission reports. This was 

commendable. But many individuals may not have been intrepid or connected enough 

to file a request. Given the importance of the rights involved, the country’s charged 

political atmosphere, and basic principles of fairness, the Commission has an 

obligation to adopt a formal process providing for “a fair consideration” of particular 

contributors’ situations.4

Accordingly, I propose that the Commission begin the process of drafting and 

adopting a regulation that will bring its procedures into compliance with the 

Constitution and relevant case law. In the interim, I propose the attached Directive

as a stopgap measure until such a regulation can be adopted.

I ask that this matter be placed on the agenda for the Commission’s May 16, 

2024 Open Meeting.

4 Buckley, 424 U.S. at 74.
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FEDERAL ELECTION COMMISSION

MANUAL OF DIRECTIVES

COMMISSION DIRECTIVE

REVOKES:

N/A

NO. XX

EFFECTIVE DATE: XX

Requests to Withhold, Redact, or Modify 

Identifying Information

The Federal Election Campaign Act requires political committees to file reports with the 

Commission identifying individuals and other persons making contributions over $200 during the 

calendar year. According to FEC regulations, identification, in the case of an individual, includes 

his or her full name, mailing address, occupation, and the name of his or her employer.

Pursuant to binding judicial decisions, the Commission has granted as-applied exemptions to the 

Act’s reporting requirements where organizations or individual contributors demonstrate “a 

reasonable probability” that such disclosure “will subject [contributors] to threats, harassment, or 

reprisals from either Government officials or private parties.”1

The Commission is issuing this directive to standardize its consideration of such requests. 

1. The Commission will promulgate a standardized form whereby an individual contributor, or an 

organization acting on behalf of one or more of its contributors, may seek relief from the reporting 

requirements of the Act. The form will provide space to describe relevant identifying information, 

as well as options to request:

a. A letter from the Commission excusing the filing of enumerated identifying information;

b. Redaction, in whole or in part, of a contributor’s name, address, and employer information;

or

c. Modification, in whole or in part, of identifying information published by the Commission 

(by, for instance, replacing a contributor’s residential address with his or her business

address).

1 Buckley v. Valeo, 424 U.S. 1, 74 (1976) (per curiam); McConnell v. Fed. Election Comm’n, 540 U.S. 

93, 198 (2003) (quoting same); Citizens United v. Fed. Election Comm’n, 558 U.S. 310, 367 (2010) (citing 

McConnell quoting Buckley). See also Consent Decree, Socialist Workers 1974 Nat’l Campaign Comm. 

v. Fed. Election Comm’n, Case No. 74-1338 (D.D.C. 1979) and Advisory Ops. 1990-13 (Socialist 

Workers Party), 1996-46 (Socialist Workers Party), 2003-02 (Socialist Workers Party), 2009-01

(Socialist Workers Party), 2012-38 (Socialist Workers Party).
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2. Requestors will complete the form and append a sworn, notarized statement providing the factual 

basis for his or her belief that there is a reasonable probability that the relevant disclosure would 

subject the requestor to threats, harassments, or reprisals from either government officials or 

private parties.

3. Upon receipt of an application, the Office of General Counsel will immediately circulate the 

request and accompanying affidavit for approval on a 48-hour no-objection ballot. If any 

commissioner objects, the form shall be placed on the agenda for the next executive session of the 

Commission.

4. If the request is approved by tally vote, the Office of General Counsel, the Reports Analysis 

Division, and the Office of the Chief Information Officer shall, within five business days, notify 

the requester of the Commission’s decision and effect any approved changes to the reports 

published by the Commission.

5. Alternatively, the Commission may, by four affirmative votes, approve, in whole or in part, the 

request made in the application and direct Commission staff to notify the requester of its decision 

and effect any approved changes to the reports published by the Commission.

6. In all cases, regardless of outcome, the applications submitted pursuant to this Directive shall be 

kept confidential and shall not be placed on the public record.

The Commission approved Directive Number XX on ____________.