AO 2007-22: Campaign committee may accept volunteer services from foreign nationals

Jim Hurysz for Congress may receive volunteer services and professional services from Canadian citizens and may use its campaign funds to pay for candidate travel to Canada in order to gather campaign-related information. The committee may not accept election materials donated by Canadian campaigns, but may purchase the materials at fair market value. Mr. Hurysz may also use his personal funds to pay for candidate travel to Canada and to obtain information from Canadian citizens.

Background

Jim Hurysz for Congress (the Committee), the principal campaign Committee of Jim Hurysz, an Independent Congressional candidate, intends to use information and expertise from Canadian citizens and campaigns that have run successful third-party campaigns for public office in Canada. The Committee plans to engage in the following interactions with Canadian citizens and campaigns:

• Accepting volunteer services from Canadian citizens;
• Using campaign funds for travel to observe and gather information about third-party campaigns in Canada;
• Using campaign funds to pay for the salaries of Canadian campaign staff; and
• Accepting election materials from Canadian third-party candidates.

Jim Hurysz also plans to use personal funds to travel to Canada to observe third-party campaign operations.

Legal Analysis

Volunteer Services from Foreign Nationals. The Federal Election Campaign Act (the Act) prohibits foreign nationals from making contributions of money or anything of value in connection with a federal, state or local election. 2 U.S.C. §441e(a)(1) (A). However, the law also provides that the term "contribution" does not include the value of services provided without compensation by any individual who volunteers on behalf of a candidate or political committee. 2 U.S.C. §431(8)(B)(i). The Committee intends to use the volunteer services of Canadian citizens for a variety of campaign activities, such as phone banking, literature drops and door-to-door canvassing. The performance of such campaign-related activities by Canadian citizens, without compensation, constitutes volunteer activity, and is exempt from the definition of "contribution."

Using Campaign Funds to Obtain Information on Third-Party Campaigns in Canada and to Hire Foreign Nationals as Campaign Staff. The Act and Commission regulations prohibit candidates from converting campaign funds to personal use. Commission regulations subject travel expenses to a "case-by-case" analysis to determine whether they constitute "personal use." 11 CFR 113.1(g)(1)(ii)(C). In this case, the Commission concluded that the use of campaign funds to travel to Canada and consult with Canadian citizens who have managed successful third-party campaigns would be an otherwise authorized expenditure in connection with the Hurysz campaign and would therefore be a permissible use of campaign funds.

Also, the Committee's employment of Canadian citizens constitutes a legitimate campaign expense and would not result in the conversion of funds to personal use.

Candidate's Use of Personal Funds for Gathering Election-Related Information. Commission regulations provide that a candidate may make unlimited expenditures from personal funds on behalf of his or her own campaign for federal office. 11 CFR 110.10. Thus, Mr. Hurysz may expend his personal funds, without limit, to obtain information from Canadian third-party candidates, and travel to Canada to obtain such information and to observe third-party campaigns.

Accepting Election Materials from Canadian Campaigns. A Canadian campaign's provision of campaign materials without charge to the Committee would constitute a prohibited contribution by a foreign national. The materials have some value, and providing them to the Committee for free would relieve the Committee of the burden of paying for such materials. 2 U.S.C. §441e(a)(1). (A). Thus, the Committee may not accept such materials without charge provided by Canadian third-party candidates. However, the Committee may purchase materials from a Canadian campaign because the purchase would constitute an authorized use of campaign funds. Mr. Hurysz may also use personal funds to purchase such materials.

AO 2007-22: Date Issued: November 29, 2007; length: 10 pages