Many NAIFA Chapters are embracing social media tools such as Facebook, Twitter, and Instagram, and integrating these tools into their chapter activities. IFAPAC related information on social media and websites is subject to both federal and state election laws, and these laws require that the federation regulate access to IFAPAC related sections of our sites and social media community pages.
Chapters must carefully monitor the content of their sites if they include IFAPAC information that goes beyond simply providing information about PACs and also constitutes a solicitation for IFAPAC contributions.
Only NAIFA’s solicitable class can have access to most IFAPAC information and materials as well as be solicited to contribute to IFAPAC. NAIFA’s solicitable class includes all members (as defined by NAIFA) and their spouses as well as national and chapter, administrative, and management personnel. Anything which could be considered a solicitation for an IFAPAC contribution will need member access only password protection.
For example, posting the names of contributors and amounts contributed, particularly if those having made such contributions are favorably commended is considered a solicitation.
So what exactly constitutes a solicitation?
The FEC says any communication which “encourages… support [of] the PAC’s activities (by making a contribution) [or] facilitates the making of contributions.” Facilitation of the making of contributions would include providing information on how individuals may contribute to the PAC, such as by including an address to which a contribution may be sent in the communication.
What is and is not a solicitation?
https://www.fec.gov/help-candidates-and-committees/ fundraising-for-ssf/what-is-and-is-not-solicitation-for-ssf/
Do not try to interpret FEC meaning on your own. If you are unsure, even in the slightest, the best course of action is to always seek approval from the National IFAPAC staff.
What IFAPAC information can be placed on the association public webpages & social media?
- General information about IFAPAC, such as contact information and staff/li>
- General information about IFAPAC activities, such as a calendar of IFAPAC events/li>
- IFAPAC financial information, such as how much had been contributed or the number of contributors to IFAPAC in a given period/li>
- Information about contributions IFAPAC has made to candidates/li>
- A description of the restrictions under which IFAPAC operates, such as that only NAIFA members may contribute to IFAPAC or who determines which candidates will receive IFAPAC support/li>
- Copies of the campaign finance reports filed with regulators, such as the Federal Election Commission or its state counterpart, setting forth the contributions received or disbursements made by IFAPAC/li>
- Contributors may post information about themselves for recognition they have received for their investments, such as being a Diplomat, but cannot write posts encouraging others to make similar IFAPAC contributions
How can a chapter promote IFAPAC fundraising events on its public pages?
A chapter could list IFAPAC fundraising events on its public pages and calendars but must be careful that the name of the event itself does not constitute a solicitation, nor can there be specific information about the event beyond the location, date and time of the event. For example, the chapter can list “IFAPAC Casino Night” on its public website calendar with a link to a password protected area of the site that would contain more detailed information. However, events named “Give to IFAPAC” or “IFAPAC Needs Your Contribution” could not be publicly displayed, because those names would constitute solicitations.
Moreover, information that expressly encourages attendance and/or PAC contributions at such an event, or information about where to send PAC contributions, constitutes a solicitation.
In other words, a chapter can only list the innocuous name, location, date, time, and say nothing else.
What else must chapters do when using websites and social media for IFAPAC?
- Include FEC Disclaimer Language on every solicitation: Contributions to IFAPAC are voluntary and contributed to candidates for elective office. If you have directed NAIFA to do so, your contributions will be divided between your state IFAPAC chapter and IFAPAC National. Club types listed above are merely suggestions. You can contribute more or less than the suggested amount. The amount contributed will not benefit or disadvantage you in any way. You have the right to refuse to contribute without reprisal. Corporate contributions to IFAPAC’s political fund are prohibited. Contributions to IFAPAC are not deductible for federal income tax purposes. For NAIFAMassachusetts members, the division of funds will be 50%/50% up to the state limit of $500 per calendar year.
- The chapter must, as noted, employ a member access only password protection feature for areas of their site which may include an IFAPAC solicitation. The site administrator should also implement a process that terminates an individual’s ability to access the protected portion of the site or social media community when membership terminates.
- If people other than the site administrator are permitted to post messages to chapter public social media accounts, the chapter must police those social media accounts and immediately delete any posts which may contain solicitations for IFAPAC. The original posters may be contacted and requested to repost with edits.
- If a chapter allows anyone other than the site’s administrator to post on its social media, it may also want to include a disclaimer on the public page reminding members that
- “IFAPAC-related messages may only contain general information, and may not solicit IFAPAC contributions or provide information about making or encouraging contributions to the PAC.”
