Sale and Use of Campaign Information

Published in July 1989

Contents

- **Introduction**  **The Restriction****The Exception**
- **Permissible Uses**  **Impermissible Uses****Committee's Contributor List**
- **Salting**  **Warning for Treasurers****Filing a Complaint**
 
 
Introduction
The Federal Election Commission has written this brochure to help committeesand the general public make full use of the information filed under theFederal Election Campaign Act (the Act) and to encourage voluntary compliancewith the law. The brochure explains the proper and improper uses of informationcontained in reports and statements filed under the Act.
 
The Restriction
Reports and statements filed by political committees may be inspectedand copied by anyone. The names and addresses of individual contributors,however, may not be sold or used for any commercial purpose or to solicitany type of contribution or donation, such as political or charitable contributions.2 U.S.C. 438(a)(4); 11 CFR 104.15. This restriction applies to Federal reportsand statements filed in Washington, as well as in each state. Any personwho violates this restriction is subject to the penalties of 2 U.S.C. 437g.
Congress created this restriction to protect the privacy of individualcontributors (Advisory Opinions (AOs) 1981-38, 1980-101 and 1980-78).
**Note:** This restriction applies only to the use of individual contributorinformation, not to the use of names and addresses of political committees.Commercial vendors may compile and sell the names of political committees.AO 1980-101.
 
The Exception
The "sale and use" restriction does not, however, apply tothe use of individual contributor information in newspapers, magazines,books or similar communications, as long as the principal purpose of thecommunication is not to solicit contributions or to conduct a commercialactivity. 11 CFR 104.15(c).
 
Permissible Uses
Applying the "sale and use" rule in a series of advisory opinions.the Commission concluded that the following activities were permissible:
The use of individual contributor information for "bona fide"  academic research projects that do not involve the sale or use of that  information for a commercial purpose or for soliciting contributions. AO  1986-25.  
- A candidate's use of the names and addresses of individual contributors  disclosed on the reports of an unauthorized political committee in order  to inform the contributors that the candidate did not authorize the committee  to solicit them. AO 1984-2.   A candidate's use of the names and addresses of individual contributors  to an opponent's campaign in order to respond to alleged defamatory charges  made against the candidate. AO 1981-5.  The posting of campaign finance reports (including lists of contributors),  filed by Federal PACs, on bulletin boards of an incorporated membership  organization in order to provide information to members. AO 1988-2  
- A business's use of the names and addresses of candidates to solicit  them as potential clients. AO 1983-44.   The use of the names and addresses of candidates, campaign workers,  campaign consultants, and others who provide services to political committees  in order to solicit newsletter subscriptions or to obtain leads for news  articles. AO 1981-38.  The use of any information (other than information on individual contributors)  in a directory of PACs to be sold commercially. AO 1980-101.  
- Candidates' use, in their solicitation materials, of campaign expenditure  data reported by other candidates. AO 1980-78.    Impermissible Uses  In other advisory opinions, the Commission determined that the followinguses of information were not permissible:  The sale of specialized lists compiled from information on individual  contributors copied from campaign finance reports. AO 1986-25.  
- The use of the names of individual contributors to verify names included  on a commercial list. AO 1985-16.   The use, for solicitation purposes, of a committee's list of individual  contributors copied, even with the permission of the committee, from the  committee's campaign finance reports. AO 1979-3.
 
Committee's Contributor List
The sale and use restriction does not prevent a committee from compilingits own list of contributors and distributing it to others. Subject to otherapplicable requirements of the Act, a committee may donate, sell, rent ortrade its contributor list to other committees and organizations. See, forexample, AOs 1982-41 and 1981-53.

 
Salting
A political committee's mail list is one of its most valuable assets.In order to protect this asset, FEC rules provide a method of detectingwhether the names and addresses of individual contributors are being usedillegally. A political committee may sprinkle throughout or "salt"each report with up to ten fictitious names. 11 CFR 104.3(e).

Salting can be done by taking a portion of the subtotal for unitemizedcontributions and allocating it, as itemized contributions, among severalfictitious contributors. The committee itemizes each fictitious contributionon a Schedule A, providing a real address (such as the address of a committeeworker) for each fictitious contributor. The committee must adjust its subtotalsfor itemized and unitemized contributions accordingly on the Detailed SummaryPage. If a solicitation or commercial mailing is sent to one of the fictitiousnames, the committee will know that someone has illegally used the namesof contributors disclosed on it reports. The committee may filea complaint with the FEC.

When a committee uses fictitious names on a report, the list of fictitiouscontributions should be sent under separate cover directly to the Commission'sReports Analysis Division (not the Secretary of the Senate or the appropriateState filing office) on or before the date the report containing the fictitiousnames is filed. The fictitious names will be maintained by the Commissionand will not become part of the public record.

 
Warning for Treasurers
Treasurers are responsible for ensuring that the mail lists they leaseor purchase have not been derived in violation of the sale and use restriction.

 
Filing a Complaint
If you believe the sale and use restriction has been violated, you mayfile a complaint with the FEC. Send the Commission a letter explaining whyyou (the complainant) believe the law may have been violated. Describe thespecific facts, circumstances and names of the individuals or organizationsresponsible (the respondents).

Your complaint should also indicate which allegations are based on personalknowledge and which ones are based on outside sources (for example, newspaperarticles). The letter must be signed, sworn to and notarized. Consult thebrochure *Filinga Complaint*.