Your web browser is not supported You're using Internet Explorer, some features might not work. Please switch to another browser like Chrome, Firefox, or Edge for a better experience.


An official website of the United States government Here's how you know
 **Official websites use .gov**
            
            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
            
            A **lock** ( A locked padlock ) or **https://** means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.


Federal Election Commission | United States of America Calendar
           Glossary
          Search
              Search


Menu
      Home
      Campaign finance data
        All data
            Raising
            Spending
            Loans and debts
            Filings and reports
            Candidates
            Committees
            Bulk data
            Campaign finance statistics
        Find elections. Search by state or ZIP code
          Look up contributions from specific individuals
      Help for candidates and committees
        All compliance resources
            Guides
            Forms
            Dates and deadlines
            Trainings
        Learn about electronic filing
          Find and contact your committee's analyst
      Legal resources
        All legal resources
            Advisory opinions
            Enforcement
            Statutes
            Legislation
            Regulations
            Court cases
            Policy and other guidance
        Search across legal resources
          Search guidance documents
      About
        All about the FEC
            News and announcements
            Commission meetings
            Mission and history
            Leadership and structure
            Reports about the FEC
            Careers
            Working with the FEC
            Contact
        Introduction to campaign finance and elections


- Home
- ›
      FEC Record: Advisory opinions
- ›
      AO 2015-04: Use of candidate's name by Collective Actions PAC

FEC Record: Advisory opinionsAO 2015-04: Use of candidate's name by Collective Actions PACJuly 23, 2015 Collective Actions PAC (CAPAC), an unauthorized independent expenditure only committee, may not use the name of Sen. Bernard Sanders, a candidate for President, in the names of its various websites and social media accounts supporting the candidate, even
    if they do not solicit contributions. However, CAPAC is free to promote Sen. Sanders by name within the body of any website or other communication. **Background**
     CAPAC is an unauthorized independent expenditure only committee (a.k.a., Super PAC) originally organized as "Draft Bernie" to encourage Sen. Sanders to become a candidate in the 2016 Presidential election. On June 15, 2015, CAPAC amended its Statement
    of Organization to make itself a non-draft independent-expenditure only committee and changed its name. CAPAC operates a number of websites and social media accounts with names such as BelieveInBernie.com, ProBernie.com, @Bernie_Run and Run Bernie
    Run (a Facebook account). CAPAC asks if it may continue to use Sen. Sanders’s name in these websites and social media accounts, as they do not currently solicit contributions for CAPAC, but instead promote Sen. Sanders’s candidacy by providing information
    about the candidate and linking to his website. **Analysis**
     CAPAC may not use Sen. Sanders’s name in the names of its websites and social media accounts. The Act and Commission regulations prohibit the use of a candidate’s name within the name of an unauthorized committee, unless the name is clearly in opposition
    to that candidate. 52 USC § 30102(e)(4); 11 CFR 102.14(a); 11 CFR 102.14(b)(3). For purposes of these regulations, the "name" of the committee includes "any name under which [the] committee conducts activities, such as solicitations or other communications,
    including a special project name or other designation." 11 CFR 102.14(a). Committees’ online activities are special projects that fall under the scope of this regulation. See AO 1995-09 (NewtWatch). Because the names of CAPAC’s websites and social media accounts that include Sen. Sanders’s name do not express clear opposition to his election, those sites and accounts are impermissible under 11 CFR 102.14. This prohibition, however, applies only to
    the titles of these websites and accounts. CAPAC is free to promote any federal candidate by name within the body of its websites or other communications. 59 *Fed. Reg.*17628    (April 12, 1994). Date Issued: July 16, 2015; 9 pages. **Resources:** Advisory opinion 2015-04 [PDF]
    Commission discussion of AO 2015-04 [mp3]
 Author
          Christopher BergCommunications Specialist


Read next: Wagner, et al. v. FEC (Appeals court)
 Related: Explore campaign finance data »


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.


About
          Careers
          Press
          Contact
   Privacy and security policy
          Plain language
          Accessibility statement
          Strategy, budget and performance
 No FEAR Act
          Open government
          Protected Voices
          USA.gov
          Inspector General
 FOIA
          OpenFEC API
          GitHub repository
          Release notes
          FEC.gov status


Federal Election Commission
 The FEC's Twitter page
            The FEC's YouTube page Sign up for FECMail
 This information is produced and disseminated at U.S. taxpayer expense.


Hide glossary Glossary Search terms