Election law disclaimer

Protective disclaimer: No contributions or expenditures in excess of $5000 have been made to me or by me, Robert Shattuck; thus currently I am not a candidate or a political committee subject to Federal election law disclaimer requirements. Any expenditures are paid for by me Robert Shattuck and are not authorized by any candidate or candidate’s committee.


DISCUSSION:
 Under Federal election law that is applicable to Congressional elections, the definition of "candidate" is set out in the Federal Campaign Guide as follows:

Candidate – An individual seeking nomination for election, or election, to federal office becomes a candidate when he or she (or agents acting on his or her behalf) raise contributions that exceed $5,000 or make expenditures that exceed $5,000. 100.3(a).

The Federal Campaign Guide, at page 40, says this:

Internet Volunteer Activity
General Exception
An uncompensated individual or group of uncompensated individuals may engage in certain voluntary Internet activities for the purpose of influencing a federal election without restriction. These exempted Internet activities would not result in a contribution or an expenditure under the Act and would not trigger any registration or reporting requirements with the FEC. This exemption applies to individuals acting with or without the knowledge or consent of a campaign or a political party committee. 100.94 and 100.155. Exempted Internet activities include, but are not limited to, sending or forwarding electronic mail, providing a hyperlink to a website, creating, maintaining or hosting a website and paying a nominal fee for the use of a website.

Other relevant definitions are

Political Committee – An entity that meets one of the following conditions:
• An authorized committee of a candidate (see definition of candidate).
• A state party committee or nonparty committee,club, association or other group of
persons that receives contributions or makes expenditures, either of which aggregate over $1,000 during a calendar year.
• A local unit of a political party (except a state party committee) that: (1) receives contributions aggregating over $5,000 during a calendar year; (2) makes contributions or expenditures either of which aggregate over $1,000 during a calendar year; or (3) makes payments aggregating over $5,000 during a calendar year for certain activities which are exempt from the definitions of contribution and expenditure (100.80, 100.87 and 100.89;100.140, 100.147 and 100.149).
• Any separate segregated fund upon its establishment.100.5.
Public Communication – A communication by means of any broadcast, cable or satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing or telephone bank to the general public, or any other form of general public political advertising. The term general public political advertising does not include communications made over the Internet,except for communications placed for a fee on another person’s website. 100.26, 100.27 (definition of mass mailing) and 100.28 (definition of telephone bank).

Mass Mailing – A mailing by U.S. mail or facsimile of more than 500 pieces of mail matter of an identical or substantially similar nature within any 30-day period. This does not include electronic mail or other Internet communications.100.27. See Public Communication.

Thus far, my activities have been confined to the Internet, and these Internet activities do not result in any campaign contribution or expenditure. As a result, I am not currently a candidate or a political committee, and I am not subject to the Federal election law requirements. While I am not subject to the same and am not making any expenditures (and hence am not "paying" for anything), I nonetheless make the above protective disclaimer.