Omar Bennett
GoFundMe is a popular online crowdfunding site that has been used for various purposes, including raising money for medical expenses, memorials, and charities. In recent years, it has also become a tool for political fundraising in local and national election campaigns. While GoFundMe's terms of service allow political fundraising, there are important considerations regarding compliance with local election laws and regulations. Candidates using GoFundMe for their campaigns must ensure they follow all relevant rules, including contribution limits and financial reporting requirements. The responsibility for recording campaign finance contributions and adhering to disclosure laws falls on the candidates themselves. The use of GoFundMe by political candidates has sparked debates, with some arguing it violates election laws due to the difficulty in tracing donation sources. Nevertheless, it has been utilized by candidates across the political spectrum, from Republicans to Democrats, highlighting the evolving nature of campaign financing in the digital age.
| Characteristics | Values |
|---|---|
| Use of GoFundMe for political campaigns | Allowed, but with conditions |
| Responsibility for compliance with laws and regulations | The candidate or user |
| Collection of donor information | The candidate or user's responsibility |
| Minimum donation amount | Yes |
| Refunds | Only as per GoFundMe's refund policy |
| Anonymity of donors | Not allowed |
| Reporting of misuse | Via the "Report" button |
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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 in place that users must adhere to. Firstly, it is the responsibility of the organiser to ensure their fundraiser complies with all regulatory requirements for political fundraising set by the relevant electoral body. This includes adhering to contribution limits and financial reporting rules, as well as ensuring that donations are only accepted from individuals who can legally support the candidate. GoFundMe does not collect all the information required from donors at checkout, so it is the organiser's duty to gather this information and request further details from donors if necessary.
GoFundMe's customer support team may also reach out to organisers to request additional information and confirm that their fundraiser is compliant with electoral financing requirements. It is important to note that GoFundMe's services cannot be used for electoral fundraising unless the campaign is directly managed by the candidate or their committee. Additionally, any election fundraiser in an unsupported country must be run by a registered organisation within a supported country.
Users of GoFundMe are prohibited from using AI-generated content in a manner that is intended to mislead voters, impersonate candidates, or deceive the public in violation of any applicable laws. Any information provided by users and generated through the use of AI features will be shared with GoFundMe's AI Service Providers for content moderation and other purposes consistent with their Terms of Service.
GoFundMe also has policies in place regarding payment processing and tax responsibilities. While GoFundMe does not process payments or hold funds, it has partnered with PayPal, Adyen, and Stripe to facilitate donation transactions. It is important to note that GoFundMe does not withhold funds for tax purposes, and organisers are solely responsible for paying any applicable taxes on donations received.
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Compliance with regulatory requirements
GoFundMe can be used for political fundraising, but it is the candidate's responsibility to ensure compliance with all regulatory requirements for political fundraising set by their electoral body. Electoral fundraising often has specific requirements surrounding what can be accepted and requires specific data from donors. GoFundMe does not necessarily collect all the information required from a donor at checkout, so it is the organiser's responsibility to ensure they are gathering this information. This may include collecting further information from donors.
It is important to note that the use of GoFundMe for political campaigns is relatively new, and there have been questions about conflicts with campaign laws. Candidates using GoFundMe for political fundraising should be aware of the following regulatory requirements:
- Contribution limits: There may be restrictions on the amount of money that can be accepted from one person, and anonymous donations may be limited or prohibited.
- Donor information: It is the candidate's responsibility to collect and disclose the required personal information on contributors. This information should be collected before transferring donations to a political action committee. If a donor refuses to provide the required information, the money should be returned to the donor.
- Transparency and disclosure: Campaign finance disclosure laws and transparency reports are crucial for public insight into who is influencing elections or policies through financial contributions. Candidates must ensure they are complying with local laws and regulations regarding the disclosure of campaign finance contributions.
- AI-generated content: If using AI-generated content for political fundraising communications, users must comply with all applicable laws, including any requirements to disclose AI-generated media. AI-generated content must not be used to mislead users, impersonate candidates, or deceive the public in violation of any applicable laws.
- Compliance with local laws: Candidates must ensure they are complying with all relevant local election laws and regulations. This includes following any specific rules and requirements set by the state or jurisdiction in which they are running their campaign.
It is important to note that GoFundMe is a platform for individuals to raise money, and it does not endorse any user, fundraiser, or cause. The company recommends that if specific advice is needed, especially regarding financial, legal, or tax issues, users should consult a professional.
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Collection of donor information
GoFundMe can be used for political fundraising, but it is the responsibility of the organizer to ensure compliance with all relevant election laws and regulations. This includes contribution limits and financial reporting rules, as well as specific data requirements from donors. GoFundMe does not collect all the necessary donor information at checkout, so organizers must gather this information themselves. This may include adding donor requirements as a disclaimer to the fundraiser story for transparency. For example, stating that "this fundraiser cannot accept donations over $ X from one person and cannot take an anonymous donation of over $ X".
Matt Connolly, a Bethlehem Republican, used GoFundMe for potential campaign donations. He advised that he would get the required personal information on contributors before transferring their donations to a political action committee. If anyone refused to provide the information, he would return the money.
The Federal Election Commission maintains a database of individuals who have made contributions to federally registered political committees. Data on individual contributors includes the ability to search by name, employer, occupation, location, date, and amount of the contribution, or by the committee receiving the funds. Federal law prohibits the use of contributor information for soliciting additional contributions or for commercial purposes. Only contributions of $200 or more are included in the database, as smaller contributions are not part of the public record.
Other sources of information on donor activity include OpenSecrets, which compiles data on campaign contributions and lobbying activity from corporations, trade associations, labor unions, nonprofits, and advocacy groups. OpenSecrets tracks the flow of money in American politics to strengthen democracy, but it does not provide street address or phone number information for contributors.
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Transparency and reporting
GoFundMe has a dedicated Transparency Centre, where it openly shares information about its operations, policies, and practices. The company aims to empower users to make informed decisions and foster trust, transparency, and accountability. GoFundMe prioritises the security of its users' data and transactions, implementing robust safeguards against threats and vulnerabilities. It also adheres to relevant laws and regulations, ensuring ethical conduct and legal compliance in its operations.
Regarding political campaigns, GoFundMe has specific policies in place for election fundraisers. Firstly, it is important to note that GoFundMe services cannot be used for electoral fundraising unless the fundraiser is directly managed by the candidate or their committee. If someone is found to be in violation of this policy, users can utilise the \"Report\" button at the bottom of every fundraiser to alert GoFundMe of the potential issue, which the company will then investigate.
For those financing an election campaign through GoFundMe, the fundraiser must comply with all regulatory requirements for political fundraising set by the respective electoral body. Electoral fundraising often has specific requirements regarding what can be accepted and the data required from donors. It is the responsibility of the organiser to ensure compliance with all relevant election laws and regulations, including contribution limits and financial reporting rules. GoFundMe may not collect all the necessary donor information at checkout, so organisers may need to collect further information from donors.
To ensure transparency, GoFundMe recommends adding donor requirements as a disclaimer to the fundraiser story. This could include statements such as maximum donation amounts from individuals and restrictions on anonymous donations. By providing this information upfront, organisers can ensure they are compliant with electoral body requirements and provide full transparency to potential donors.
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Anonymity of donors
GoFundMe can be used for political fundraising, but it must comply with all regulatory requirements for political fundraising set by the relevant electoral body. It is the responsibility of the organiser to ensure that they are complying with all relevant election laws and regulations, including contribution limits and financial reporting rules.
However, electoral fundraising often has specific requirements surrounding what can be accepted and requires specific data from donors. For example, donations should only be made by individuals who can legally support the candidate, and the organiser may need to collect further information from donors, such as their name, address, and employment details, to comply with election laws and regulations. This information can be used to verify the identity of donors and ensure they are eligible to contribute to the campaign.
In the case of Matt Connolly, a Bethlehem Republican who used GoFundMe for potential campaign donations, he stated that he would obtain the required personal information on contributors before transferring their donations to a political action committee. If anyone refused to provide the information, he would return the money to the donor. This approach helps maintain transparency and compliance with election laws while using GoFundMe for political fundraising.
It is worth noting that the anonymity of donors in political campaigns is a controversial issue, with organisations like OpenSecrets tracking "dark money" groups that spend millions of dollars on elections without revealing where their money comes from. To maintain transparency and accountability in political fundraising, it is essential to strike a balance between donor privacy and disclosing sufficient information to prevent fraud, misuse, or conflicts with campaign laws.
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Frequently asked questions
Yes, you can use GoFundMe to finance a political campaign, but it is your responsibility to ensure that you are complying with all relevant election laws and regulations. GoFundMe does not necessarily collect all the information that is required from a donor at checkout, so it is the organizer's responsibility to gather this information.
Electoral fundraising often has specific requirements surrounding what can be accepted and requires specific data from donors. It is important to note that donations should only be made by individuals who can legally support the candidate. It is the candidate's responsibility to record all campaign finance contributions and follow all local campaign finance disclosure requirements and laws.
If you are found to be in violation of any laws or regulations, your campaign may face legal consequences. Additionally, if there is reason to believe that a fundraiser is not using the funds for their stated purpose, users can report the campaign, and GoFundMe will investigate the issue.
