More on Elton John Fundraising for Hillary Clinton:

Extreme Mortman quotes my earlier post, and follows up with a response from Richard Andrews:

If the FEC is determined to sit on its hands about this, don’t see much that can be done.

However, note that the ‘No’ decision in Opinion 1981-51 was specifically about the highly valuable services of an artist being used for fund raising, while ALL the other ‘Yes’ Opinions noted are about the everyday acceptance of essentially de minimus value munchkin services at the very bottom of a campaign -- the ones that, if you had to pay even minimum wage for them, you would just do without (the same attitude that causes campaigns to pretend their employees are ‘contractors’, to avoid paying unemployment compensation tax) -- envelope licking, driving folks around, etc.

The FEC seems rather determinedly of two minds about this -- it is bizarre for Opinion 1987-25 to have expressly stated that it was NOT over-ruling Opinion 1981-51, when they flatly contradict one another. Guess they just want to make it up as they go along.

I had thought of this distinction between high-value and low-value volunteer services, but I don't think it's right. Recall that contributions by Americans to campaigns are also limited -- they're just capped at $2300 ($1000 until not long ago), rather than entirely forbidden as to foreigners. Clearly the value of a Chuck Norris or Barbra Streisand performing at a campaign event is over $2300. Yet that's allowed; why?

Because the volunteer services exception is not limited to low-value services, but includes all volunteer servics. FEC Advisory Opinion 2007-08, which I cited to, expressly takes this view as to volunteer performances by high-value entertainers at candidate events. And if such high-value volunteer help isn't a "contribution" and is thus exempt from the cap on donations by everyone, then it isn't a "contribution" and is thus exempt from the ban on donations by foreigners. That's the logic of U.S. election law, as reflected in the sources I mentioned in my earlier post.

The one possible response, I think, is that the federal law banning foreign contributions covers "contributions or donations," and not just "contributions." But I checked with several election lawyers on this, and their view is that the addition of "or donations" was understood as covering soft money, not as prohibiting volunteer services that would otherwise be allowed. Certainly nothing in the term "donation" suggests such a prohibition, or a distinction between high-value services and low-value services (and recall that the FEC has expressly said that volunteer services by foreigners are generally allowed).

Related Posts (on one page):

  1. More on Elton John Fundraising for Hillary Clinton:
  2. Foreign Musicians Voluteering to Raise Funds for American Candidates:
Pub Editor:

the volunteer services exception is not limited to low-value services

I should hope so, or else how would the FEC view the essentially pro bono legal services provided by many politically minded lawyers who help out campaigns? Imagine if lawyers volunteering their time were limited to providing only so many hours (at their normal rates?) as $2,300 would cover...
3.28.2008 4:20pm
Smokey:
I recall a report from the 2004 election, stating that citizens of foreign countries [particularly France], with the help of folks here, were [fraudulently] registering to vote as Americans posted overseas, and sending in requests for absentee ballots.

And I recall that loads of ballots from APO [overseas military] locations were held up and never counted.

This, by comparison, seems somewhat minor.
3.28.2008 4:24pm
Martin Grant (mail):
>Imagine if lawyers volunteering their time were limited to providing only so many hours (at their normal rates?) as $2,300 would cover...

Slightly off topic, but if a lawyer's time would be valued at the rate he or she normally charges his customers and thus limited for campaigns. Would that also mean if I had a lawyer represent me pro bono, that I'd have to declare that as a gift and estimate the value of the service I'd be receiving on my 1040?
3.28.2008 4:28pm
Thorley Winston (mail) (www):
Question – what if instead of donating a concert that the Clinton campaign could use to raise funds, what if he had agreed to write a song for whoever donated the most money to the campaign? Would that fall under the volunteer exception?
3.28.2008 5:13pm
mnarayan:
I think the idea here is that there are some sevices that have such a low value that they are valueless. If a campaign would not even pay minimum wage for a service then there is no way to compensate for it and thus anyone performing the service will be performing it for free. If the only way something will be done is if it is done for free then I guess you could argue that it is has no value and is thus not a contribution.

Here the distinction is not so much between high and low value services but valuable services and those which are not.
3.28.2008 5:23pm
Anderson (mail):
I think the idea here is that there are some sevices that have such a low value that they are valueless.

Whatever I may think of it aesthetically, an Elton John concert is not "valueless" economically. If no one would pay to go to it, Hillary wouldn't be raising money from it.

I think there should be an exception, just like when Bruce Springsteen (an American, I know) campaigned on Kerry's behalf, but I'm not entirely clear in my head as to why.
3.28.2008 5:41pm
Thorley Winston (mail) (www):
I think there should be an exception, just like when Bruce Springsteen (an American, I know) campaigned on Kerry's behalf, but I'm not entirely clear in my head as to why.


I suppose it all depends on whether you think there should be limits to how much you can contribute to a political candidate (I don’t so long as there is full disclosure). If the law says that I can only donate $2300 to my preferred presidential candidate’s campaign, it seems rather unjust to allow someone else to donate something worth potentially hundreds of times that amount in the form of a concert merely because they’re an “artist.”
3.28.2008 6:33pm
Dave N (mail):
I know that in the past, when campaigns have wanted to ensure that they were doing something completely legal, they have merely paid the performing artist whatever the union scale is. For example, for a New York concert, the Clinton campaign could pay Elton John $242, the union scale, and no one would have any reason to complain.
3.28.2008 6:36pm
Syd (mail):
I think the argument is that the donation is being done by the people who buy the tickets.
3.28.2008 7:16pm
ChrisIowa (mail):

But I checked with several election lawyers on this


We know that there are too many regulations on campaigns when there is such a thing as "election lawyers."
3.28.2008 9:15pm
neurodoc:
Clearly the value of a Chuck Norris or Barbra Streisand performing at a campaign event is over $2300.
Barbra Streisand to be sure, but Chuck Norris? Has he ever "performed" at a campaign event, and if so what does he do, feign beating up pretend bad guys for the amusement of those in attendance? Isn't his "contribution" simply to stand behind his man (Huckabee) so as to show his support for the candidate? Can a dollar value be imputed to such an appearance, bringing it within the ambit of federal election law? When Barbra Streisand croons, they are collecting large sums from the attendees, aren't they, something very different from reaping the intangible benefit of standing next to Chuck Norris, or even getting Chuck to appeal for donations to the candidate.
3.29.2008 1:48am
neurodoc:
No problem for Huckabee to perform (musically) is there, even if he does so with his hand held out to accept campaign contributions? The only concern would be when other celebrities come in to do it on his behalf?
3.29.2008 1:51am
Mary Katherine Day-Petrano (mail):
Who wants Hillary? When disabled Americans asked Clintons to strongly enforce Title II of the Americans With Disabilities Act in the State courts, all we got was a weak pitiful DOJ disability rights section. That lost MY vote for Hillary. I'm voting for Obama.
3.29.2008 1:51pm