FEC Rules For National Convention Delegates
http://www.fec.gov/pages/brochures/delegate.shtml
To Whom Do These Rules Apply?
These rules apply 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 (local, state or national). 11 CFR 110.14(b)(1).
Do Delegates Have to File Reports with the FEC?
No. Individual delegates are not required to register or file regular reports of the funds they raise and spend for their personal delegate activity. 11 CFR 110.14(d)(3) and (e)(2). However, delegates acting as a group may have to file reports as a delegate committee. See “Do delegate committees have to file FEC reports?” below.
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 election1and are therefore subject to the federal law’s prohibitions.2 11 CFR 110.14(c)(1) and (2). Although the law generally does not limit contributions per delegate, 11 CFR 110.1(m)(1) and 110.14(d), certain other contribution limits apply. See e.g., 11 CFR 110.5(e). Please note that these prohibitions and limits apply to contributions of goods and services (in-kind contributions) as well as to monetary contributions. 11 CFR 100.52(d).
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. 11 CFR 110.1(m); 110.5(e) and 110.14(d)(1).3
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.” 11 CFR 110.14(e). Thus, a delegate may not use prohibited funds to pay for travel to attend the national convention and related food and lodging expenses. Advisory Opinions (AOs) 2000-38 and 1980-64.
I’m a Federal Officeholder who will Serve as a Delegate. May I Use my Campaign Funds to Pay for My Travel to the Convention?
Special rules apply to federal candidates or officeholders who attend the convention as delegates. While campaign funds may not be used to pay for anyone’s personal expenses (i.e., expenses that would exist irrespective of the candidate’s campaign or his/her duties as a federal officeholder), candidates who attend the convention as delegates may use campaign funds to pay for their own convention-related travel, food and lodging expenses. 11 CFR 110.14(c) and (e) and AO 1995-47 n.4.
The Commission has issued advisory opinions clarifying that such candidates may also use campaign funds to pay the travel and subsistence expenses of other individuals (e.g., spouse, child, Congressional staff person) in connection with the convention if the individual will be engaging in significant campaign-related or officeholder-related activity on the candidate’s behalf during the convention. 11 CFR 113.1(g); AOs 1996-20, 1996-19 and 1995-47.
Although the use of campaign funds to pay someone’s personal expenses is a violation of the personal use prohibition, when travel involves both personal activities and campaign (or officeholder) activities, campaign funds may be used to pay the personal portion of travel and subsistence costs if the individual reimburses the campaign within 30 days. 11 CFR 113.1(g)(1)(ii)(C); AO 2000-12.
I would add that since the FEC currently does not have a quorum, and since the Senate Dems have refused to let any of Bush’s appointees come up for a vote, none of the rules apply anyway. The FEC cannot issue any rulings or do anything else until they have a quorum.
Oops...never mind...
IANAL, but from what I understand, 527s don’t count, and the $20,000,000 could be doled out from several front groups.