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Could political ads paid for by an individual violate federal limits on campaign contributions?

Friday, October 16, 2020
By Seth Smalley
YES

The Federal Election Commission classifies gifts of goods and services (including advertisements) offered for free or below-market rates as "in-kind contributions." The limit on individual campaign contributions directly to a candidate's campaign is $2,800 per election. Thus, any in-kind contribution from an individual over this threshold would violate the individual-contribution limit.

Under FEC rules, "independent" spending in favor of (or against) a particular candidate is not restricted, provided that it is not coordinated in any way by the candidate, campaign committees or agents of a political party.

This fact brief is responsive to conversations such as this one.
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