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 all 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 2024-02: Federal candidate may request reimbursement from nonfederal sources for costs of brochures

FEC Record: Advisory opinionsAO 2024-02: Federal candidate may request reimbursement from nonfederal sources for costs of brochuresFebruary 27, 2024 Congresswoman Maxine Waters and Citizens for Waters (requestors) may solicit and receive reimbursement from nonfederal sources for brochure costs because the reimbursements would comply with the source prohibitions, amount limitations and reporting requirements of the Federal Election Campaign Act (the Act). Background Congresswoman Waters represents California’s 43rd Congressional District. Requestors intend to use campaign funds to design, publish, and mail brochures featuring Congresswoman Waters’ endorsements of federal and nonfederal candidates and her positions on ballot measures. Requestors propose to solicit and receive reimbursement from nonfederal sources for the portions of the brochures devoted to each nonfederal candidate and ballot measure, as determined by the candidate’s or ballot measure’s pro rata share of the costs to design, publish, and mail the brochures. The nonfederal sources from which requestors propose to solicit are: (1) the featured nonfederal candidates’ personal funds; (2) the nonfederal candidates’ committees; (3) state independent expenditure-only political committees supporting or opposing the nonfederal candidates; and (4) ballot measure committees supporting or opposing the featured ballot measures. The nonfederal committees and candidates that reimburse Citizens for Waters will be required to submit signed invoices attesting that their payments are from funds that do not exceed the applicable contribution limitations of the Act and from sources that would not be prohibited under the Act from contributing directly to Congresswoman Waters. Analysis Federal candidates and their committees may not “solicit, receive, direct, transfer, or spend funds” in connection with an election for federal office, unless the funds are subject to the amount limitations, source prohibitions, and reporting requirements of the Act. The Commission concluded that requestors may solicit the nonfederal candidates and committees that appear in the proposed brochure and receive reimbursement if the nonfederal sources’ funds comply with the source prohibitions, amount limitations and reporting requirements of the Act. Requestors state that they will only solicit or receive funds that do not exceed the applicable contribution limitations of the Act and are from permissible sources. Because the Act does not require nonfederal candidates and committees to separately report their reimbursements, and provided that the nonfederal committees are not otherwise required to report to the Commission, then the reimbursements are subject to the reporting requirements of the Act for purposes of this analysis. Citizens for Waters is separately required to report activity related to the brochure under the reporting provisions of the Act and Commission regulations. Date issued: February 15, 2024; Length: 5 pages Citations Statutes 52 U.S.C. § 30125(e)(1)(A)Soft money of political parties Regulations 11 C.F.R. § 104.11Continuous reporting of debts and obligations 11 C.F.R. § 106.1Allocation of expenses between candidates 11 C.F.R. § 300.71Federal funds required for certain public communications 11 C.F.R. § 104.3(a)Contents of reports. Reporting of receipts 11 C.F.R. § 104.3(b)Contents of reports. Reporting of disbursements Advisory opinions Advisory Opinion 2004-37Waters Resources Advisory Opinion 2024-02Commission consideration of advisory opinion 2024-02
 Author
          Mary Ann BakerCommunications Specialist


Read next: New York special election reporting: 26th Congressional District (2024)
 Related: Explore legal resources »


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
          No FEAR Act
          Strategy, budget and performance
 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


Hide glossary Glossary Search terms