Omar Bennett
GoFundMe is a popular platform for fundraising, and it has been used for political campaigns, although this is a contentious issue. While some candidates have used the platform to raise funds, there are questions about whether this violates election laws, particularly as it is difficult to trace the source of donations. GoFundMe's policy states that users must comply with regulatory requirements for political fundraising and that the fundraiser must be directly managed by the candidate or their committee.
| Characteristics | Values |
|---|---|
| Compliance with regulatory requirements | Fundraisers must be compliant with all regulatory requirements for political fundraising set by the relevant electoral body. |
| Management | The fundraiser must be directly managed by the candidate or their committee. |
| Donor eligibility | Only individuals who can legally support the candidate should donate. |
| Donor information | The fundraiser must obtain the required personal information on contributors before transferring their donations to a political action committee. |
| Refunds | Refunds are permitted for ineligible or unclear donations. |
| Donor requirements | Donor requirements should be included as a disclaimer for full transparency. |
| Donation limits | No minimum donation amount is specified, but donations over $300 may require separate reporting. |
| Payment processing | GoFundMe uses third-party payment processors, and donations are non-refundable unless specified otherwise. |
| Fund access | Fundraisers can withdraw their balance or set up daily transfers to their bank account. They can also grant secure access to funds for friends or family members. |
| Fundraising goal | There is no limit to the total amount raised, and fundraisers can continue to accept donations even after the goal is reached. |
| AI-generated content | Users are responsible for complying with all applicable laws and may not use AI-generated content to mislead or deceive voters. |
| Reporting | Users can report suspected misuse or fraud by clicking the "Report" button at the bottom of each fundraiser. |
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What You'll Learn
GoFundMe's policy on political fundraising
GoFundMe can be used for political fundraising, but there are several policies and requirements that users must comply with. Firstly, users must ensure that their fundraiser is compliant with all regulatory requirements for political fundraising set by their respective electoral body. Electoral fundraising often has specific rules regarding what can be accepted and requires specific data from donors. It is the organiser's responsibility to ensure they are complying with all relevant election laws and regulations, including contribution limits and financial reporting rules. GoFundMe does not collect all the necessary donor information, so organisers must take steps to gather this information themselves.
Donations should only be made by individuals who can legally support the candidate. If there are any donations that cannot be accepted or if the organiser is unsure, GoFundMe can assist with processing refunds. It is recommended that organisers add a disclaimer to their fundraiser story, outlining any donor requirements for full transparency.
Users of GoFundMe's services are responsible for complying with all applicable laws, including any requirements to disclose AI-generated media in connection with political fundraising communications. AI-generated content must not be used to mislead users or voters, impersonate candidates, or deceive the public in violation of any applicable laws. GoFundMe's team may request additional information from organisers to confirm that their fundraiser complies with electoral financing requirements.
It is important to note that GoFundMe does not process payments or hold onto funds. Instead, they have partnered with payment processors such as PayPal, Adyen, and Stripe to handle donations. These payment processors will have their own rules and terms that donors must agree to when making a donation. GoFundMe also provides resources to help organisers protect themselves from fraud and misuse, and users can report any suspected violations of the Terms of Service or illegal content.
Additionally, GoFundMe offers a variety of features and tools to help organisers raise funds, such as the ability to customise their fundraiser, share their fundraiser on social media, and withdraw funds at any time. However, it is important to note that GoFundMe does not control or endorse any User, Fundraiser, or cause, and they do not guarantee the success of a fundraiser.
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Electoral body requirements for donors
GoFundMe can be used for political fundraising, but the fundraiser must be compliant with all regulatory requirements for political fundraising set by the relevant electoral body. Electoral fundraising often has specific requirements surrounding what can be accepted and requires specific data from donors.
The Federal Election Commission (FEC) enforces the Federal Election Campaign Act of 1971 (FECA), which limits the amount of money individuals and political organisations can give to a candidate running for federal office. Candidates can spend their own personal funds on their campaign without limits, but they must report the amount they spend to the FEC, along with the names of individuals and organisations contributing to their campaigns and the amounts.
The FEC maintains a database of individuals who have made contributions to federally registered political committees, including their names, employers or occupations, cities, states, and zip codes, and the dates and amounts of their contributions.
The FEC recommends that campaigns encourage contributors to designate their contributions for specific elections. Written designations promote consistency in reporting and avoid the appearance of excessive contributions. Undesignated contributions count against the donor's contribution limits for the candidate's next election.
In the case of electronic contributions, the date of receipt is the date on which the committee obtains the contributor's authorisation of the transaction. The treasurer should retain a record of the receipt, including information associating the contribution with its deposit in the political committee's campaign depository, such as a batch number.
GoFundMe states that donations should only be made by individuals who can legally support the candidate, and that users must comply with all applicable laws, including any requirements to disclose AI-generated media in connection with political fundraising-related communications. Users may not use AI-generated content to mislead voters or deceive the public.
GoFundMe also notes that its team may reach out to request additional information to confirm that fundraising efforts are compliant with electoral financing requirements, and that users agree not to use the service for electoral fundraising unless the fundraiser is directly managed by the candidate or their committee. If there are any donations that cannot be accepted, GoFundMe can help to refund them.
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Compliance with electoral financing requirements
GoFundMe can be used for political fundraising, but users must comply with all regulatory requirements for political fundraising set by their respective electoral bodies. Electoral fundraising often has specific requirements surrounding what can be accepted and requires specific data from donors.
For example, in the United States, the Federal Election Campaign Act of 1971 outlines rules that apply to campaign fundraising. Committees and their treasurers must make "best efforts" to obtain, maintain and report the name, address, occupation, and employer of each contributor who gives more than $200 in an election cycle. Additionally, Section 6113 of the Internal Revenue Code requires political committees whose gross annual receipts normally exceed $100,000 to include a special notice on their solicitations, informing solicitors that contributions are not tax-deductible.
GoFundMe's policy for running an election fundraiser states that fundraisers must be directly managed by the candidate or their committee. They also advise users to consult their electoral body for specific donor requirements. Any donations that do not meet the requirements should be refunded. GoFundMe may request additional information to confirm compliance with electoral financing requirements.
It is important to note that the use of GoFundMe for political campaigns is still relatively new, and there have been questions and concerns raised about conflicts with campaign laws. In some cases, such as in New Jersey, the use of GoFundMe for political fundraising has been deemed to violate election laws. However, candidates in New Jersey and other places have still used GoFundMe despite these concerns.
To ensure compliance with electoral financing requirements, it is recommended to consult with a professional for specific advice regarding legal and financial issues. Additionally, users should be transparent about their donor requirements by including a disclaimer in the fundraiser story.
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AI-generated content in political fundraising
Political candidates and their campaign advisers are increasingly turning to social media to optimise their online fundraising efforts. GoFundMe, for instance, has been used by candidates such as Matt Connolly, a Bethlehem Republican, as a source for potential campaign donations.
GoFundMe's terms of service state that users who utilise AI-generated content for political fundraising-related communications are responsible for complying with all applicable laws, including any requirements to disclose AI-generated media. Users may not use AI-generated content in a manner that is intended to mislead users or voters, impersonate candidates, or otherwise deceive the public.
AI-powered tools can generate new text, images, video, and speech from a single prompt to weave into campaign messages. AI software can even compose campaign emails, draft scripts and speeches, and create fake news stories. AI is helping political candidates raise more money more efficiently, with Google's Bard helping to generate 3.5 times more dollars per work hour in one experiment, and OpenAI's ChatGPT generating 4.4 times more.
However, the use of AI in political messaging has raised several alarms among experts due to the lack of federal rules regarding AI-generated content in political material. As AI is trained on historical, encyclopedic, or public data, it absorbs any biases present in this human-generated data. This can lead to the generation of racist and sexist messages, which could, in turn, disillusion voters and dampen turnout in future elections. AI-generated deepfakes in campaigns and its use as a tool for voter suppression are also concerning trends.
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Refunding donations
GoFundMe can be used for political fundraising, but the fundraiser must be compliant with all regulatory requirements for political fundraising set by the relevant electoral body. Electoral fundraising often has specific requirements surrounding what can be accepted and requires specific data from donors.
If you are a campaign organizer and you have raised funds that are no longer needed and haven't transferred them to your bank yet, you can refund your donors. This action is irreversible, so you should be sure that you truly wish to refund your donors before moving forward with the request. Your donors will receive their funds back in an average of 7-10 business days (weekends and holidays excluded). Charity donations are typically non-refundable.
If you are a donor and would like a refund for a donation, tip, or believe there has been an unauthorized charge, you can request a refund. GoFundMe will determine whether misuse or abuse has occurred and, if so, will process the refund in 3-10 business days. Note that you cannot request a refund more than one year after the donation is made.
If there are any donations you cannot accept, or are unsure of, the GoFundMe team is available to help you refund those donations. You can also add donor requirements as a disclaimer to your fundraiser story for full transparency.
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Frequently asked questions
Yes, GoFundMe can be used for political fundraising, but there are specific requirements that must be followed. These include compliance with regulatory requirements for political fundraising set by the relevant electoral body, such as obtaining the required personal information on contributors.
Specific requirements may vary depending on the location and the relevant electoral body. However, generally, users must comply with all regulatory requirements for political fundraising, including any requirements to disclose information. Donations should only be made by individuals who can legally support the candidate, and users must not use GoFundMe services for electoral fundraising unless the fundraiser is directly managed by the candidate or their committee.
To ensure compliance, it is recommended to review the relevant laws and regulations governing political fundraising in your jurisdiction. This may include consulting with the Federal Election Campaign Act and seeking guidance from the relevant electoral body or a legal professional. Additionally, GoFundMe's support page provides some guidelines and tips for running an election fundraiser.
Violating electoral fundraising regulations can result in legal consequences and may lead to the deactivation of your GoFundMe campaign. It is important to note that the use of GoFundMe for political fundraising is a relatively new practice, and there have been instances where campaigns have faced backlash or been advised against using the platform due to potential conflicts with campaign laws.
