Last month, the FEC approved a method for contributing to federal political committees by text message (AO 2012-17), but noted that the process described in that AO might not be the only permissible method.  Since that opinion, there have already been additional requests that seek clarification of the Commission’s rules on text message contributions.  On Monday, Revolution Messaging filed an advisory opinion request asking the Commission to allow the following two variations in the approved method.

1) Contributing by text message is not just for the anonymous anymore.  Previous AO requests on text message contributions have been based on proposals that cap contributions at $50 per wireless billing cycle.  Keeping contributions under $50 allowed the FEC to conclude the request fit within its rule permitting small anonymous contributions.  Revolution Messaging says that the $50 monthly cap is unnecessary.  They propose a process that requires text message contributors to fill out identifying information on a webform before being allowed to exceed the $50 “anonymous” threshold.  They state that this will conform with the recordkeeping and reporting requirements of the Act (including the disclosure of individuals who contribute over $200 per election cycle or calendar year). 

2) Political committees can share text messaging numbers.  The approved FEC method for contributing via text message relied on each political committee using a unique text message number (a “short code”) to receive contributions.  Revolution Messaging says this is too expensive for smaller campaigns (costs for obtaining a unique short code can run up to $10,000), and takes too much time (possibly 12 weeks to get a unique code).  Revolution Messaging asks the FEC if committees can share these numbers, assuring that the use of unique keywords and confirmation messages will allow the proper tracking and segregation of funds.

It is clear that the use of technology in political campaigns is rapidly increasing.  We expect the number of tech-based AO requests to stay high while companies try to make sure the FEC keeps up with their innovations.

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Photo of Derek Lawlor Derek Lawlor

Derek Lawlor is of counsel in the firm’s Election and Political Law Practice Group. Derek advises corporations, nonprofit organizations, and trade associations on compliance with federal and state lobbying, campaign finance, and government ethics laws.

Clients regularly rely on Derek to assist with…

Derek Lawlor is of counsel in the firm’s Election and Political Law Practice Group. Derek advises corporations, nonprofit organizations, and trade associations on compliance with federal and state lobbying, campaign finance, and government ethics laws.

Clients regularly rely on Derek to assist with their complex questions related to activities and projects that implicate all of these laws. Derek advises federal and state candidates and super PACs on campaign finance and disclosure issues. Derek also represents clients in government investigations and inquiries conducted by the Federal Election Commission, Office of Congressional Ethics, and Congressional Committees and Commissions.

Derek’s representation of clients covers the full range of important political law issues that they face, including:

  • Advising clients on their registration and reporting obligations under the federal Lobbying Disclosure Act, as well as state and local lobbying laws, including helping client organizations evaluate the core questions that arise in this space:
    • Has the organization or any of its employees triggered lobbying registration requirements?
    • What lobbying income, expenditures, issues, or contacts need to be disclosed on lobbying reports?
    • Does procurement or sales activity directed at governmental entities trigger lobbying registration in a particular jurisdiction?
    • What are the best practices for designing a lobbying compliance program?
  • Assisting corporations and trade associations with the establishment and operation of connected PACs, which frequently entails evaluating the following questions:
    • What steps does the organization need to take to start up and register a connected PAC?
    • What are the ongoing reporting requirements under the Federal Election Campaign Act (“FECA”) or state campaign finance laws?
    • Which employees can the organization solicit and what are the rules on conducting a solicitation campaign?
    • What are the limits on making contributions to federal, state, or local candidates, party committees, or other political committees?
    • What are the best practices for designing a PAC compliance program?
  • Evaluating whether a client’s proposed activities might trigger registration under the Foreign Agents Registration Act (“FARA”), and if so, advising on registration and ongoing reporting obligations;
  • Advising federal and state candidates, super PACs, and other political committees on compliance with FECA, FEC regulations and reporting requirements, state campaign finance laws, rules on disclaimers placed on communications, and other political law compliance topics;
  • Counseling individuals who are entering government service, including Senate-confirmed positions, on the various financial disclosure requirements, conflicts of interest considerations, and other ethics law issues they may face;
  • Helping clients establish politically active or policy-focused nonprofit organizations, and proving ongoing support related to tax and political law issues that might arise from their activities; and
  • Advising corporations, nonprofits, and individuals on their proposed donations to candidates, political committees, and other politically active outside groups.

Derek is a Professorial Lecturer in Law at the George Washington University Law School.

Prior to receiving his law degree, Derek worked in the Office of General Counsel at the U.S. House of Representatives.