united-states elections
Is there a difference between a &quot;thing of value&quot; and a &quot;thing of benefit&quot; to a political campaign?
<p>There is currently a number of claims being made, on cable tv, stating that information can be considered an in-kind contribution to a political campaign because it benefits the campaign and because some information, which is not in the public domain, is often exchanged for payments by other political campaigns.</p>

<p>However, this view seems to make it impossible to share information with a political campaign without being compensated for it.  If the value of such information exceeds the allowed contribution limit, then this would be a direct restriction on free political speech. </p>

<p>So is there a legal standard which distinguishes between "a thing of value" and "a thing of benefit" to a political campaign as far as what is considered an in-kind contribution?</p>

<p><a href="https://www.law.cornell.edu/cfr/text/11/110.20" rel="nofollow noreferrer">11 CFR 110.20(b)</a> says that</p>

<blockquote>
  <p>A foreign national shall not, directly or indirectly, make a
  contribution or a donation of money or other <strong>thing of value</strong>, or
  expressly or impliedly promise to make a contribution or a donation,
  in connection with any Federal, State, or local election.</p>
</blockquote>

<p>In connection with this, the Federal Election Commission has expressed an opinion in <a href="http://electionlawblog.org/wp-content/uploads/2007-22.pdf" rel="nofollow noreferrer">this letter of 3 Dec. 2007</a> bearing on this topic</p>

<blockquote>
  <p>the Act and Commission regulations also provide that the term
  “contribution” does not include “<strong>the value of services</strong> provided
  without compensation by any individual who volunteers on behalf of a
  candidate or political committee.”  2 U.S.C. 431(8)(B)(i); see also 11
  CFR 100.74.</p>
</blockquote>

<p>By contrast, if a foreign volunteer supplies "stuff" (a donut), that is a thing of value, as legally defined. This despite the fact that 100 hours of labor usually costs more than a donut. In another letter, <a href="https://cg-519a459a-0ea3-42c2-b7bc-fa1143481f74.s3-us-gov-west-1.amazonaws.com/legal/aos/72021.pdf" rel="nofollow noreferrer">3 Aug. 1990</a> the FEC opined that paid information is a thing of value:</p>

<blockquote>
  <p>If, however, Mr. Hochberg imparts poll result information to you or
  anyone else working for your campaign, including any data or any
  analysis of the results, or if he uses the poll information to advise
  your campaign on matters such as campaign strategy or creating media
  messages, such poll information will constitute an in-kind
  contribution from Mr. Hochberg to your campaign, and an expenditure in
  an equal amount by your committee. <a href="https://www.law.cornell.edu/cfr/text/11/106.4" rel="nofollow noreferrer">11 CFR 106.4(b)</a></p>
</blockquote>

<p>The information to be provided was not just "something somebody knew", it was the paid results of a prior poll (by another candidate). The restriction only applies to information that was paid for.</p>

<p>If information would not typically be sold for a significant sum, it is not a "thing of value", that would need to be reported as a campaign contribution. </p>

<p>I don't believe that "thing of benefit" is a legal concept in the area of campaign finance law. In practice, only bulk information, such as the emails or phone numbers or addresses of thousands or tens of thousands of people would be treated as having significant value. </p>

<p>Items of "minimal" value need not be reported. When I was a local political candidate, some years ago, I purchased voter info from the state at, if I recall correctly, 5 cents a name, and contributions of less than $5 were not considered reportable. That would be info on 100 people. </p>

<p>Note that under  2 U.S.C. 431(8)(B)(i) "the value of services provided without compensation" is not considered a contribution to the campaign.</p>

<p>Yes, there is a difference.</p>

<p>The federal election commission says that a foreign national may not make campaign donations, but permits volunteer work by a foreign national.  There are some limits related to managing a campaign or campaign finances.  See <a href="https://www.fec.gov/help-candidates-and-committees/candidate-taking-receipts/volunteer-activity/" rel="nofollow noreferrer">https://www.fec.gov/help-candidates-and-committees/candidate-taking-receipts/volunteer-activity/</a></p>

<p>I believe that one FEC ruling said that donation of intellectual property is not considered something of value for campaign finance law purposes.  Seems like providing information is intellectual property, but taking out paid advertising is a donation.</p>
