FEC Rules for National Convention Delegates
The following summarizes the FEC rules applying to any individual who is seeking selection as a delegate, or who has already been selected as a delegate, at any level of the delegate selection process. This material is provided for your guidance and review and should not be used as a substitute for legal advice. Please consult the FEC website for complete, updated and accurate answers to your specific questions. Click here to go to the FEC website.
I. How are Funds Raised and Spent for Delegate Activity Treated under Federal Campaign Finance Law?
Funds raised and spent for delegate selection are considered contributions and expenditures made for the purpose of influencing a federal election, and are therefore subject to the federal law’s prohibitions. These contributions apply to both contributions of goods and services (in-kind contributions) and monetary contributions. The law generally does not limit contributions per delegate.
Who is prohibited from contributing to a Delegate?
Individual delegates may not accept any contributions from sources prohibited from making contributions in connection with federal elections. This includes:
- Corporations
- Labor Organizations
- Foreign nationals or businesses
- Federal government contractors
What are the limits on contributions to Delegates?
Although contributions to an individual delegate are not subject to any per delegate limit, they do count against an individual contributor’s biennial contribution limit of $108,200. Note that there are limits on contributions to delegate committees, as explained below.
Do these rules apply if I’m only raising money to pay for travel to the Convention?
Yes. Travel and subsistence expenses related to the delegate selection process and the national nominating convention are considered expenditures. Thus, a delegate may not use prohibited funds to pay for travel to attend the national convention and related food and lodging expenses.
Do expenditures I make for my own selection and travel count as contributions to a candidate?
No. Expenditures made by delegates or delegate committees solely to further their selection are not considered contributions to any candidate and are not chargeable to publicly funded candidates spending limits.
II. May Delegates Join Together to Raise and Spend Funds?
Yes. Under FEC regulations, they would be acting as a delegate committee. A delegate committee is a group that raises or spends funds to influence the selection of one or more delegates. The FEC imposes a contribution limit of $5,000 to an independent delegate committee. Such a contribution limit does not apply to a delegate acting alone.
Additionally, a delegate committee that raises or expends over $1,000 qualifies as a PAC, and the campaign has a strict policy of not coordinating with PACs. So delegate committees, for the purposes of the Obama campaign, are not a constructive way to raise funds because the campaign will no longer be able to coordinate with them.
Do Delegates or Delegate Committees have to file reports with the FEC?
Individual delegates are not required to register or file regular reports of the funds they raise and spend for personal delegate activity. However, delegates acting as a group may have to file reports as a delegate committee. If you are planning on raising or spending more than $1,000 as a group, you should consult the FEC’s Campaign Guide for Nonconnected Committees:
