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Comment on placement of names and addresses on internet #7007

Closed fec-issues-bot closed 6 years ago

fec-issues-bot commented 6 years ago

What were you trying to do and how can we improve it?

You should not be posting people’s names and addresses publicly on the internet for anyone to find!

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AmyKort commented 6 years ago

The Federal Election Campaign Act (the Act), among other things, limits the sources and amount of contributions used to finance federal elections and requires public disclosure of campaign finance information. Under the Act, political committees must disclose publicly the name, mailing address, occupation and employer of any individual who contributes more than $200 in a calendar year. 52 U.S.C. § 30104(b)(3)(A). The Commission must make these disclosure reports available to the public for inspection and copying within 48 hours after receipt. 52 U.S.C. § 30111(a)(4). A provision of the Bipartisan Campaign Reform Act of 2002 (BCRA) requires the Commission to make reports and statements available on its website, www.fec.gov. 52 U.S.C. § 30112.

Restrictions on Use of Contributor Information Public disclosure of campaign finance records is a valuable means for the public to monitor the influence of money in politics and curtail corruption. The U.S. Supreme Court has upheld the Act’s mandatory disclosure provisions to the extent that these provisions generate information necessary to promote enforcement of the contribution limits and prohibitions and advance the governmental interest in educating the electorate on the sources of candidate contributions. See Buckley v. Valeo, 424 U.S. at 67 (1976). At the same time, however, the courts have also recognized that the statutory intent to promote public disclosure of campaign finance information must be balanced against the need to protect the privacy of contributors.

To protect contributor privacy, the Act prohibits the sale or use of any information copied from Commission reports or statements by any person for the purpose of soliciting contributions or for any commercial purpose, other than using the name and address of any political committee to solicit contributions from such committee. 52 U.S.C. § 30111(a)(4); 11 CFR 104.15(a). This includes soliciting any type of contribution or donation, such as charitable contributions. 11 CFR 104.15(b). In requiring disclosure of contributor information, the U. S. Congress provided limitations to ensure that such information was not misused. Congress was concerned that the Act's reporting requirements "open up the citizens who are generous and public spirited enough to support our political activities to all kinds of harassment . . . ." 117 Cong. Rec. 30057 (1971) (statement of Senator Bellmon).

Disclosure of Personal Information The Act requires federal political committees to file campaign finance disclosure reports disclosing their receipts and disbursements. The law requires committees to itemize the individual contributors who have contributed in excess of $200 during the election cycle. The itemization includes the individual contributor's name, address, occupation, employer, date of receipt and amount. Additionally, they must disclose expenditures exceeding $200 per election cycle to any individual or vendor. While the Act requires political committees to request contributor information, the Act does not compel individual contributors to divulge personal information if they choose not to do so. The Act requires political committees to include on all written solicitations for contributions a clear request for the contributor's full name, mailing address, occupation and name of employer for contributions in excess of $200 per calendar year; the treasurer must also make at least one follow-up effort to obtain this information within 30 days of the receipt of the contribution. 11 CFR 104.7(1)(i) and (2).

The law also requires the Commission to place federal campaign finance disclosure reports on the public record within 48 hours of receipt. Specifically, 52 U.S.C. § 30104(a)(11)(B) requires the Commission to make the reports publicly available on the Internet. The relevant cite is quoted below. The Act may be viewed on our website (www.fec.gov). 52 U.S.C. § 30104(a)(11)(B) "The Commission shall make a designation, statement, report, or notification that is filed with the Commission under this Act available for inspection by the public in the offices of the Commission and accessible to the public on the Internet not later than 48 hours (or not later than 24 hours in the case of a designation, statement, report, or notification filed electronically) after receipt by the Commission."

If you would like to change the address [or employer/occupation], please contact the committee(s) and have them file an amended report to provide a substitute address (such as a p.o. box) in the itemization of the contribution. Upon receipt of the amended report, the Commission's individual contributor database will be updated with the new information. Please note that the original report will always be available.

Hopefully, you will find this information helpful. Should you have any further questions regarding campaign finance law, please contact the Commission’s Information Division, toll-free, at 800-424-9530 (press 6) or via email to info@fec.gov. For questions about accessing public disclosure records, please contact the Commission's Public Records Office at 800-424-9530.