National Party Convention: To Do or Not To Do? That Is the Question
By: Jessica Furst Johnson, Michael Bayes, Nicole Kelly, and Abigail Putnam
This week we are discussing what you can and cannot do at the 2024 National Party Convention. Whether you are a candidate, elected official, or event sponsor, there are some rules to keep in mind while preparing for Convention.
- Campaign events are permitted to be held during the Convention, but all campaign events must comply with applicable House and Senate Rules. Additionally, candidates who attend the Convention as delegates may use campaign funds to pay for their own convention-related travel, food, and lodging expenses.
- For the entire duration of the event, House and Senate Members may not participate in events held in their honor if paid for by a lobbyist directly or by a private entity that retains or employs a lobbyist.
- For House Members, this prohibition extends to mere attendance at the event where they would be named as an honoree or special guest in promotional materials or offered perks such as a speaking or ceremonial role.
- For Senators, this rule only applies if the event specifically mentions the name of a Senator or uses the name of a class of persons where that class is comprised solely of Members of Congress.
- Example: A House Member or Senator would be prohibited from participating in an event paid for by a lobbyist if it honored the “Nevada Congressional Delegation,” but an event honoring “Nevada Republican Officials” or “Nevada Delegates” would be permissible.
- Traditional House and Senate ethics gift rules continue to apply during Convention. So, unless a gift falls under a specific exemption, there is a $50 per gift limit, as well as a $100 annual limit on gifts from a single source, and gifts from lobbyists are prohibited unless an exemption applies.
- The most relevant gift rule exception on this topic is that national party and convention committees, state and local party organizations, campaign committees and the host city’s official host committee can provide transportation, lodging, refreshments, entertainment, and other benefits associated with attendance at the Convention. But the following gift exceptions may also apply during Convention week:
- Local transportation, food, refreshment, or entertainment in connection with any fundraising event sponsored by a political action committee may be accepted.
- Gifts paid for by any unit of federal, state, or local government may be accepted.
- An invitation to a reception that includes food, or refreshments of a nominal value offered other than as part of a meal may be accepted.
- Free attendance at a 501(c)(3) charity event at the invitation of the event sponsor is permissible.
- Free attendance at widely attended events at the invitation of the event sponsor is permitted. This applies to events where at least 25 non-congressional attendees are invited and where the event is not substantially recreational in nature.
- Members may also accept a t-shirt or baseball cap of reasonable value as well as non-food items that have a value of $10 or less in aggregate.
- The most relevant gift rule exception on this topic is that national party and convention committees, state and local party organizations, campaign committees and the host city’s official host committee can provide transportation, lodging, refreshments, entertainment, and other benefits associated with attendance at the Convention. But the following gift exceptions may also apply during Convention week:
- Businesses (including banks and other corporations), labor organizations, other organizations and individuals may donate funds or make in-kind donations to a host committee or municipal fund for the following purposes:
- To promote the suitability of the city as a convention site;
- To welcome Convention attendees (for example, by providing information booths, receptions, tours or promotional items);
- To facilitate commerce (for example, by providing Convention attendees with shopping or entertainment guides, samples, maps, pens, pencils or other items of de minimis value);
- To defray the host committee’s administrative expenses (for example, salaries, rent, travel or liability insurance);
- To provide the national committee use of an auditorium or convention center and to provide related services (for example, construction of podiums, press tables, camera platforms, lighting and electrical systems; offices; office equipment; and/or decorations);
- To defray the cost of local transportation services (for example, by providing buses and automobiles);
- To defray the cost of law enforcement services;
- To defray the cost of using central housing and reservation services;
- To provide hotel rooms at no charge or a reduced rate on the basis of number of rooms actually booked for the Convention;
- To provide accommodations and hospitality for committees of the parties responsible for choosing the sites of the conventions; and
- To provide other similar convention-related facilities and services.
- Expenditures made by delegates (including federal candidates serving as convention delegates) and delegate committees solely to further their selection, including travel and subsistence expenses related to the delegate selection process and the national nominating convention are not considered contributions to any candidate.
Please keep these rules and exceptions in mind while thinking about attending and organizing Convention events.
