Dear Ethicist,

With the 2024 presidential election just around the corner, I’ve noticed some colleagues turning to Federal Election Commission (FEC) data to identify potential prospects for our nonprofit. Since FEC data includes publicly available information about donors to federal campaigns, can we ethically use it for nonprofit fundraising?

Sincerely,

Campaign Curious

Dear Campaign Curious,

With a major election on the horizon, the temptation to leverage FEC data as a prospect researcher is strong. After all, individuals who give generously to political campaigns might also have the capacity to support our causes. However, the use of FEC data for charitable fundraising presents significant ethical and legal challenges.

First, let’s start with the law. The Federal Election Campaign Act, as interpreted by the FEC, strictly prohibits the use of individual contributor information for soliciting contributions — whether for political or charitable purposes. This regulation, updated in 2018, was designed to protect the privacy of donors by preventing their personal information from being used without consent. Under no circumstances should prospect researchers or nonprofits use FEC data to solicit charitable donations, as it is considered a violation of federal law.

The same applies to wealth screening. Even though vendors in our space may provide FEC data, it comes with disclaimers making it clear that nonprofits assume the risk in using this information. The reality is that even looking up political contributions from the FEC to inform nonprofit fundraising efforts can be interpreted as a misuse of donor information.

Now, some may wonder: What about political donor lists obtained from other sources, like media outlets or social media? In general, as long as this information is publicly accessible and not obtained from FEC reports, it may be ethically permissible to reference it in research. However, caution is key. Ensure your organization’s policies around data usage are followed and always prioritize transparency in how donor information is sourced.

Finally, it’s important to emphasize that state and local elections may be subject to different rules than federal campaigns. If you’re working with donor information from these sources, consult your organization’s legal counsel to ensure compliance with relevant laws and regulations.

Bottom line: FEC data should not be used in nonprofit prospecting or solicitation efforts, regardless of how tempting it may be in an election year. Ethical prospect researchers always prioritize legal compliance and donor privacy, ensuring that trust and integrity remain at the heart of our work.

Ethically yours,

The Ethicist

Editor’s note: for additional reading on this topic, view these previously published articles:

• Ask the Ethicist: Can You Repurpose Political Donor Lists for Fundraising?
• FAQs From an Unprecedented Year: The Apra Ethicist Weighs In
• Ask the Ethicist: Help! Did I Violate FEC Rules? (Update)