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      AO 2024-01: Canvassing literature and scripts are not public communications, coordinated communications or coordinated expenditures

FEC Record: Advisory opinionsAO 2024-01: Canvassing literature and scripts are not public communications, coordinated communications or coordinated expendituresApril 4, 2024 Texas Majority PAC’s (TMP) proposed canvassing activities are not public communications, coordinated communications or coordinated expenditures under Commission regulations. However, any data acquired from TMP’s canvassing efforts and shared with a federal candidate or party committee at less than its fair market value would result in an in-kind contribution. Background TMP is a nonfederal general-purpose committee registered with the Texas Ethics Commission. TMP plans to pay vendors to design, produce and execute a canvassing program. The canvassing literature and scripts will refer to federal political candidates and parties, and may include express advocacy or its functional equivalent, but will not disseminate, distribute or republish federal candidate campaign materials. TMP will consult with federal candidates, parties and their agents on the program and will incur production costs, distribution costs and data costs. The paid canvassers will disseminate the canvassing literature and scripts to more than 500 homes within a 30-day period, and within pre-election timeframes. Analysis The Commission concluded that the canvassing literature and scripts are not public communications under Commission regulations. As a result, the canvassing literature and scripts would not satisfy the content prong of the Commission’s coordinated communications regulations. While TMP’s canvassing activities are not the type of mass communication contemplated by the definition of public communication, they do qualify as communications. Since the Commission’s coordinated expenditure regulation excludes payments made solely to produce and distribute communications, TMP’s disbursements would not constitute coordinated expenditures. However, if TMP provides data collected during the canvassing to a federal candidate or party committee for less than the usual and normal charge, it would result in an in-kind contribution. Date issued: March 20, 2024; Length: 9 pages Citations Regulations 11 C.F.R. § 100.26Public Communications 11 C.F.R. § 100.27Mass mailing 11 C.F.R. § 100.28Telephone bank 11 C.F.R. § 100.29Electioneering communication 11 C.F.R. § 100.52Gift, subscription, loan, advance or deposit of money 11 C.F.R. § 109.20What does “coordinated” mean? 11 C.F.R. § 109.21What is a “coordinated communication”? 11 C.F.R. § 109.23Dissemination, distribution, or republication of candidate campaign materials Advisory opinions Advisory Opinion 2011-14Utah Bankers Association Advisory Opinion 2022-20Maggie for NH Resources AO 2024-01Commission consideration of AO 2024-01
 Author
          David GarrCommunications Specialist


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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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