5-4.2 Maintaining Committee Control | Postal Explorer

5-4.2 Maintaining Committee Control

An authorized political committee may mail election-related materials, including but not limited to candidate endorsements and sample ballots, at the nonprofit prices if the materials are exclusively those of the authorized political committee. An authorized political committee may make political mailings in support of its candidates, provided that no monies contributed by the candidate to the qualified committee shall be specifically earmarked for use in making the political mailing or in return for the political mailing.

Example: Committee Discretion Retained

Politician B, a candidate for a statewide political office, mails a check to authorized political committee C, the state committee for his party. Politician B encloses a note with the check that says, “This check is for my pro rata share of a sample ballot.” Committee C has mailed a sample ballot to state residents for the past five elections. However, committee C makes the decision on whether to send sample ballots on an election-by-election basis. Committee C has not had any discussions with politician B on this subject, nor has it reached an understanding with politician B that sample ballots will be produced and mailed. Committee C deposits politician B’s check into its general fund to be used for committee expenses. Committee C will not return the check even if it decides not to mail sample ballots. Committee C later decides to mail sample ballots for the election in which politician B is a candidate. Notwithstanding politician B’s contribution, this is not considered to be a cooperative mailing because committee C retained discretion whether or not to mail the sample ballots.

A candidate may make or solicit contributions to a qualified political committee, provided that the committee retains absolute discretion over how the funds are spent. If the candidate or other nonqualified entity pays the preparation, printing, or postage costs for the mailing in return for the qualified political committee’s agreement to make the mailing, that mail matter is not eligible for the nonprofit prices.

A political candidate may provide suggested copy, pictures, biographical information, or similar assistance requested by a qualified political committee that is preparing a mailing in support of the candidate. The qualified political committee may also ask a candidate to review a proposed mailpiece for accuracy. However, the qualified political committee must have final authority over the decision to mail the political matter and the contents of that matter.

Example: Improper Candidate Funding

Authorized political committee D announces the creation of a “Candidate’s Coordinated Mailing Fund.” Contributions to the fund will be used exclusively for mailings supporting candidates. Candidates E, F, G, and H contribute to the fund, and committee D makes a multi-candidate endorsement for candidates E, F, G, and H. This would be considered a cooperative mailing. It would not be a cooperative mailing if (a) the fund created is not announced as one that will be used exclusively for mailings, and (b) committee D retained absolute discretion as to whether or not to make the mailings at all.