POAs and campaign contributions
July 27, 2024 10:19 AM Subscribe
Is it legal for the person who holds fiscal power of attorney for Alice to make a federal campaign contribution on Alice's behalf? I am very specifically not asking about the ethics or morality of this.
In case you were wondering, none of you are the lawyer for either person in this question.
In case you were wondering, none of you are the lawyer for either person in this question.
Best answer: If you are in the US, the FEC guidelines for campaigns state that checks/documentation signed by an individual who has power of attorney for the contributor are eligible for federal matching funds only if the campaign obtains additional documentation signed by the contributor directly. (So it is legal for a person with power of attorney to sign the contribution paperwork, but they might need to jump through extra hoops if they’re attempting to get the contribution matched.)
You might also want to check with state authorities. For example, the Oregon campaign finance manual says:
posted by mbrubeck at 11:06 AM on July 27, 2024 [2 favorites]
You might also want to check with state authorities. For example, the Oregon campaign finance manual says:
The person signing the check is considered the contributor unless the signer is the trustee of a trust, or is the accountant for, or is otherwise exercising power of attorney for, the actual contributor.In summary, it looks like it’s generally permissible under US campaign finance law (assuming the person with POA is also acting according their duties as attorney-in-fact). IANAL.
posted by mbrubeck at 11:06 AM on July 27, 2024 [2 favorites]
It would also be important that the funds donated belong to the person being represented and not come from an account/card belonging to the person with power of attorney. It's also important that the person with POA not "reimburse" or gift them the money before or after for the purposes of making the donation.
posted by noloveforned at 2:10 PM on July 27, 2024 [3 favorites]
posted by noloveforned at 2:10 PM on July 27, 2024 [3 favorites]
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tldr - read the agreement.
posted by saeculorum at 10:34 AM on July 27, 2024 [5 favorites]