Omar Bennett
GoFundMe is a popular platform for raising funds for various purposes, but its use for political campaigns has sparked controversy. While some candidates have successfully raised money through GoFundMe, the practice has been called into question due to potential conflicts with election laws. The difficulty in tracing donation sources and issues with anonymous donors, processing fees, and commingled accounts have led to concerns about compliance with regulatory requirements and electoral fundraising rules. Candidates need to ensure they are adhering to relevant election laws and regulations, and GoFundMe has policies in place to support this, including the need to report the identity of contributors over a specified amount.
| Characteristics | Values |
|---|---|
| Political fundraising | Allowed if compliant with regulatory requirements for political fundraising set by the relevant electoral body |
| Compliance | Responsibility of the organizer |
| Compliance | GoFundMe team may request additional information to confirm compliance |
| Electoral fundraising | Only allowed if directly managed by the candidate or their committee |
| Election fundraiser in unsupported country | Only allowed if run by a registered organization within a supported country |
| AI-generated content | User responsible for complying with all applicable laws, including disclosure requirements |
| Donations | Only allowed from individuals who can legally support the candidate |
| Anonymous donors | Not allowed |
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What You'll Learn
GoFundMe's policy on political fundraising
GoFundMe's policies on political fundraising are outlined in its Terms of Service and Help Center. The platform allows users to finance election campaigns, provided they comply with regulatory requirements and electoral financing rules. Here is a detailed overview of GoFundMe's policies on political fundraising:
Compliance with Regulatory Requirements
GoFundMe requires that all election campaign fundraisers on its platform comply with the regulatory requirements for political fundraising set by the relevant electoral body. It is the responsibility of the organizer to ensure compliance with all applicable election laws and regulations. These regulations may include contribution limits and financial reporting rules. Organizers are also responsible for gathering any additional information required from donors, as GoFundMe may not collect all necessary information at checkout.
Directly Managed by the Candidate or Their Committee
GoFundMe's policies state that electoral fundraising campaigns must be directly managed by the candidate or their committee. This means that the candidate or their authorized representatives are responsible for initiating and managing the fundraiser on the platform.
Supported Countries and Registered Organizations
GoFundMe's policies on political fundraising also consider the location of the campaign. For election fundraisers in unsupported countries, the platform requires them to be run by a registered organization within a supported country. This ensures compliance with local laws and regulations.
AI-Generated Content
With the increasing use of AI in political campaigns, GoFundMe has specific policies addressing this area. Users employing AI-generated content for political fundraising communications are responsible for adhering to all relevant laws. This includes any requirements to disclose the use of AI-generated media. Additionally, AI-generated content must not be used to mislead users, impersonate candidates, or deceive the public in violation of applicable laws.
Reporting and Dispute Resolution
GoFundMe provides a "Report" button on each fundraiser to address potential issues or violations of its Terms of Service. Users can report illegal content, content that violates its content moderation policies, or concerns about funds not being used for their stated purpose. GoFundMe investigates these reports and offers dispute resolution systems for users who disagree with decisions made regarding prohibited content.
GoFundMe's policies on political fundraising aim to maintain compliance with regulatory requirements, ensure transparency, and address the evolving landscape of political campaigns, including the use of AI-generated content.
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Compliance with regulatory requirements
GoFundMe can be used for political fundraising, but it is the responsibility of the fundraiser organiser to ensure compliance 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. GoFundMe does not necessarily collect all the information that is required from a donor at checkout, so it is the organiser's responsibility to gather this information. This may include collecting further information from donors.
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, the GoFundMe team can help to refund those donations. It is also the organiser's responsibility to ensure they are complying with all relevant election laws and regulations, such as contribution limits and financial reporting rules.
GoFundMe's Terms of Service state that users must not use the platform for electoral fundraising unless the fundraiser is directly managed by the candidate or their committee. Additionally, GoFundMe cannot be used for any election fundraiser in an unsupported country unless it is run by a registered organisation within a supported country. GoFundMe's team may request additional information to confirm that the user has taken steps to ensure their fundraising efforts are compliant with electoral financing requirements.
In the past, the use of GoFundMe for political fundraising has been controversial, with some arguing that it violates election laws due to the difficulty in tracing the source of donations. However, others have argued that they complied with election finance regulations by trying to be as open and transparent as possible.
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Tracing the source of donations
GoFundMe's terms of service outline that it is the organizer's responsibility to ensure compliance with all regulatory requirements for political fundraising set by the relevant electoral body. This includes gathering necessary donor information beyond what GoFundMe collects at checkout. However, GoFundMe's data protection regulations prevent the platform from providing a complete list of donor information, including email addresses.
The difficulty in tracing the source of donations on GoFundMe has been highlighted in news reports. In one instance, candidates in New Jersey used GoFundMe to accept political contributions, but their finance reports declared a different amount. The New Jersey Election Law Enforcement Commission (ELEC) prohibits the use of crowdfunding platforms like GoFundMe for political fundraising due to the challenge of tracing donations.
To address this issue, GoFundMe organizers can take proactive steps to ensure compliance with electoral financing requirements. They can collect additional information from donors, such as their names and donation amounts. Organizers can also utilize the platform's “Thank You” feature to contact donors and express their appreciation. This two-way communication channel can be leveraged to gather more information about the donors if needed.
Additionally, GoFundMe's customer support team can provide personalized assistance to organizers through their Customer Care specialists. They can guide organizers in ensuring compliance with electoral financing requirements, including any necessary steps to trace the source of donations.
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Withdrawing donations
Gofundme allows users to create political campaign pages, but they must comply 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. It is the organizer's responsibility to ensure they are complying with all relevant election laws and regulations, and GoFundMe does not necessarily collect all the information required from a donor at checkout.
If you are an organizer, you can request a withdrawal at any time once your GoFundMe starts receiving online donations. Withdrawing money does not affect the progress meter displayed on your fundraiser. To withdraw, simply click 'Withdraw' while logged into your account and follow the instructions. You can withdraw your balance directly to your bank account, but bank transfers can take 2-5 business days to arrive.
If you are a donor, you can request a refund in the rare case that something isn't right. GoFundMe's team of Trust & Safety experts proactively monitors the platform for any form of misuse or abuse and investigates all reported issues. If you suspect fraud, you can submit a claim. Refunds will be processed in 3-10 business days. To submit a claim, you must:
- Still own the payment instrument you used to make the donation and be authorized to accept a funds transfer back to that payment instrument.
- Not have caused, contributed to, participated in, or induced the misuse or abuse, whether directly or indirectly.
- Fully complete the claim form and comply with all subsequent requests for information for the evaluation and processing of your claim.
- Agree to fully cooperate with any investigation by GoFundMe or a law enforcement authority and notify GoFundMe if you receive any communication or funds from the organizer or beneficiary.
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GoFundMe's role in political campaigns
GoFundMe is a platform that allows individuals and entities to initiate and manage fundraisers for specific purposes. While the platform is typically used for personal, charitable, or non-profit causes, it has also been utilised in the context of political campaigns and election fundraising.
The role of GoFundMe in political campaigns is primarily as a tool for fundraising and collecting donations. Candidates and their campaign committees can create a campaign page on GoFundMe to solicit contributions from supporters. This method of fundraising can provide several advantages, such as ease of use, accessibility, and the ability to reach a wider donor base, including small-dollar donors.
However, the use of GoFundMe in political campaigns has also sparked controversy and legal questions. One of the main concerns is compliance with electoral and campaign finance regulations. GoFundMe itself states that users financing election campaigns through the platform must comply with all regulatory requirements set by the relevant electoral body. This includes contribution limits, financial reporting rules, and the need to collect specific donor information. The platform emphasises that ensuring compliance with election laws and regulations is the responsibility of the organiser.
In some cases, the use of GoFundMe by political candidates has been criticised for potentially violating election laws. For example, in New Jersey, candidates were reported to have used GoFundMe to accept political contributions, despite the state's election commission prohibiting the use of the site for political fundraising due to difficulties in tracing donation sources. This incident highlights the challenges of regulating online political donations, particularly when it comes to anonymous donors, processing fees, and commingled accounts.
To address these concerns, GoFundMe encourages users to report any suspected misuse of funds or non-compliance with the platform's terms. The platform also provides resources and support to help organisers navigate the regulatory landscape of election fundraising. Nonetheless, the onus is largely on the candidates and their campaign teams to ensure they are adhering to applicable laws and regulations when utilising GoFundMe for political campaigns.
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Frequently asked questions
Yes, GoFundMe can be used for political fundraising, but it 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.
Donors must provide specific data, including their names, and only individuals who can legally support the candidate should donate.
The creator of the fundraiser must ensure they are complying with all relevant election laws and regulations. They may need to collect further information from donors.
No, GoFundMe cannot be used for election fundraisers in unsupported countries unless run by a registered organization within a supported country.
Yes, but you are responsible for complying with all applicable laws, including any requirements to disclose AI-generated media in connection with political fundraising-related communications.
