11 C.F.R. § 112.1

Requests for advisory opinions (52 U.S.C. 30108(a)(1))

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(a) Any person may request in writing an advisory opinion concerning the application of the Act, chapters 95 or 96 of the Internal Revenue Code of 1954, or any regulation prescribed by the Commission. An authorized agent of the requesting person may submit the advisory opinion request, but the agent shall disclose the identity of his or her principal.

(b) The written advisory opinion request shall set forth a specific transaction or activity that the requesting person plans to undertake or is presently undertaking and intends to undertake in the future. Requests presenting a general question of interpretation, or posing a hypothetical situation, or regarding the activities of third parties, do not qualify as advisory opinion requests.

(c) Advisory opinion requests shall include a complete description of all facts relevant to the specific transaction or activity with respect to which the request is made.

(d) The Office of General Counsel shall review all requests for advisory opinions submitted under 11 CFR 112.1. If the Office of General Counsel determines that a request for an advisory opinion is incomplete or otherwise not qualified under 11 CFR 112.1, it shall, within 10 calendar days of receipt of such request, notify the requesting person and specify the deficiencies in the request.

(e) Advisory opinion requests should be addressed to the Office of General Counsel and filed with the Commission.

(f) Upon receipt by the Commission, each request which qualifies as an advisory opinion request (AOR) under 11 CFR 112.1 shall be assigned an AOR number for reference purposes.

[45 FR 15123, Mar. 7, 1980, as amended at 50 FR 50778, Dec. 12, 1985; 82 FR 60853, Dec. 26, 2017; 89 FR 218, Jan. 2, 2024]

Notes of Decisions

Cited in 3 cases, 1984–2008 · leading case: Bialek v. Mukasey, 529 F.3d 1267 (10th Cir. 2008).

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Bialek v. Mukasey, 529 F.3d 1267 (10th Cir. 2008). “§ 437f; 11 C.F.R. § 112.1 . *1270 FECA establishes procedures through which the FEC investigates suspected campaign finance misdeeds.”

Shays v. United States Fed. Election Comm'n, 508 F. Supp. 2d 10 (D.D.C. 2007). “However, even if AO 2006-19 does not constitute binding legal precedent, it nevertheless suggests a narrower interpretation of the definition of GOTV activity than might otherwise be presumed based on the face of the definition.”

Sierra Club v. Fed. Election Comm'n, 593 F. Supp. 166 (D.D.C. 1984). · cites it 2× “§ 437f, and the regulations promulgated thereunder, 11 C.F.R. §§ 112.1 et seq. In their advisory opinion request, SCCOPE and the Club set forth a proposal which included two alternative payment methods which the plaintiffs believed would insure the avoidance of a prohibited…”

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