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Please note!
This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

Could political ads paid for by an individual violate federal limits on campaign contributions?

By Seth Smalley
YES

The Federal Election Commission classifies gifts of goods and services (including advertisements) offered for free or below-market rates as "in-kind contributions." The limit on individual campaign contributions directly to a candidate's campaign is $2,800 per election. Thus, any in-kind contribution from an individual over this threshold would violate the individual-contribution limit.

Under FEC rules, "independent" spending in favor of (or against) a particular candidate is not restricted, provided that it is not coordinated in any way by the candidate, campaign committees or agents of a political party.

This fact brief is responsive to conversations such as this one.
ABOUT THE CONTRIBUTOR
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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