52 U.S.C. § 30108 — Advisory opinions
submitted 52 years ago by Pub. L. 92-225 to r/title-52-VOTING-AND-ELECTIONS · 430 words · no verdicts yet
The Federal Election Commission must answer written questions about this election law with a formal advisory opinion. It normally has 60 days to respond, or 20 days if a candidate asks close to an election. People who honestly follow a matching opinion are protected from penalties.
(a) Requests by persons, candidates, or authorized committees; subject matter; time for response
(1) If someone sends the Commission a complete written request asking how this Act, or certain tax-code chapters (95 or 96 of title 26), or a Commission rule applies to their own specific transaction or activity, the Commission must give a written advisory opinion within 60 days.
(2) If a candidate or their authorized committee asks during the 60 days before an election they are in, the Commission must answer within 20 days instead.
(b) Procedures applicable to initial proposal of rules or regulations, and advisory opinions
Any new legal rule not already in this Act or in chapter 95 or 96 of title 26 can only be created through the formal rulemaking process in section 30111(d). The Commission and its employees can only give advisory opinions by following the rules in this section.
(c) Persons entitled to rely upon opinions; scope of protection for good faith reliance
(1) An advisory opinion can be relied on by (A) the person it was written for, and (B) anyone else in a transaction that is materially identical to the one covered by the opinion.
(2) Anyone who relies on the opinion in good faith, following its findings, cannot be punished under this Act or chapters 95 or 96 of title 26 for doing so.
(d) Requests made public; submission of written comments by interested public
The Commission must make every request for an advisory opinion public. Before issuing the opinion, it must accept written comments from any interested person for 10 days after the request becomes public.
Not later than 60 days after the Commission receives from a person a complete written request concerning the application of this Act, chapter 95 or chapter 96 of title 26, or a rule or regulation prescribed by the Commission, with respect to a specific transaction or activity by the person, the Commission shall render a written advisory opinion relating to such transaction or activity to the person.
If an advisory opinion is requested by a candidate, or any authorized committee of such candidate, during the 60-day period before any election for Federal office involving the requesting party, the Commission shall render a written advisory opinion relating to such request no later than 20 days after the Commission receives a complete written request.
Any rule of law which is not stated in this Act or in chapter 95 or chapter 96 of title 26 may be initially proposed by the Commission only as a rule or regulation pursuant to procedures established in section 30111(d) of this title. No opinion of an advisory nature may be issued by the Commission or any of its employees except in accordance with the provisions of this section.
Any advisory opinion rendered by the Commission under subsection (a) may be relied upon by—
any person involved in the specific transaction or activity with respect to which such advisory opinion is rendered; and
any person involved in any specific transaction or activity which is indistinguishable in all its material aspects from the transaction or activity with respect to which such advisory opinion is rendered.
Notwithstanding any other provisions of law, any person who relies upon any provision or finding of an advisory opinion in accordance with the provisions of paragraph (1) and who acts in good faith in accordance with the provisions and findings of such advisory opinion shall not, as a result of any such act, be subject to any sanction provided by this Act or by chapter 95 or chapter 96 of title 26.
The Commission shall make public any request made under subsection (a) for an advisory opinion. Before rendering an advisory opinion, the Commission shall accept written comments submitted by any interested party within the 10-day period following the date the request is made public.
Source credit: (Pub. L. 92–225, title III, § 308, formerly § 313, as added Pub. L. 93–443, title II, § 208(a), Oct. 15, 1974, 88 Stat. 1283; renumbered § 312 and amended Pub. L. 94–283, title I, §§ 105, 108(a), May 11, 1976, 90 Stat. 481, 482; renumbered § 308 and amended Pub. L. 96–187, title I, §§ 105(4), 107(a), Jan. 8, 1980, 93 Stat. 1354, 1357; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)
- 1974Enacted · Pub. L. 92-225 · 88 Stat. 1283
- 1976Amended · Pub. L. 94-283 · 90 Stat. 481, 482
- 1980Amended · Pub. L. 96-187 · 93 Stat. 1354, 1357
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2095
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-225 on 1974-10-15.
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