The Federal Elections Commission (FEC) has rules that govern all types of campaign contributions and expenditures. It should add another rule for celebrity endorsements: Campaigns should be required to disclose that a celebrity is being paid, and that disclosure must occur at the event at which a celebrity appears.
The Kamala Harris for President Campaign had many celebrities take part in her campaign via Zoom calls, speeches, and performances at Harris' speeches. Celebrities included Oprah Winfrey, Jon Bon Jovi, Christina Aguilera, Katy Perry, 2 Chainz, Lady Gaga, Megan Thee Stallion, Cardi B, Usher, Bruce Springsteen, Lizzo and Eminem.
It has been reported that the Harris Campaign paid significant amounts for celebrity events, such as $20 million spent on concerts in swing states on the eve of the election and $1 million to Harpo Productions, Oprah Winfrey's production company. Oprah says that she was not paid.
The Harris Campaign was likely required to pay for the celebrities' appearances if the celebrities were engaging in the acts that made them celebrities (such as Oprah interviewing Harris or Lady Gaga singing).
The FEC requires that in-kind donations (goods or services, rather than money) to a campaign are reported as contributions with a monetary amount set to their fair market value. The maximum allowable amount for in-kind donations is the same as monetary donations — that is $3,300 for the general election.
The fair market value of a celebrity singer (such as Lady Gaga) playing at an event probably exceeds this $3,300. If the celebrity played as an in-kind donation (i.e., without payment), it would be a violation of campaign finance law because it would exceed the $3,300 maximum amount.
The campaign, therefore, probably had to pay for these types of events per campaign finance law so that a violation of the maximum in-kind donation did not occur.
One of the reasons that the Harris Campaign likely wanted celebrities at its events is that celebrities draw attendance (both in-person and on TV, etc.). Individuals want to see celebrities, watch them perform, or hear them speak.
A bigger reason for celebrity appearances is that celebrities may persuade voters to support the candidate. In this scenario, the campaign believes that a voter may vote for a candidate if the celebrity supports the candidate.
This celebrity support can come in two forms. First, the celebrity may speak and endorse the candidate. Second, if the celebrity performs but does not speak and endorse the candidate, a voter may infer the celebrity's endorsement of a candidate because the celebrity appeared at the candidate's event.
The FEC should enact a rule stating that, if a celebrity is being paid for his/her appearance, the campaign must indicate, at the time of the celebrity's performance, that the celebrity is receiving money for the appearance. This disclaimer would indicate to voters that the celebrity is receiving monetary compensation for appearing.
As such, the voter would then know that the celebrity may be appearing for monetary reasons rather than an affiliation to the candidate. Consequently, the rule would likely decrease the chances that a voter may infer the celebrity's endorsement of a candidate because the celebrity performed at the candidate's event.
This new rule would not apply to celebrities who merely speak at campaign events and endorse a candidate because they would not be engaging in those acts that made them celebrities (such as playing music).
Additionally, even if a celebrity performed, he/she would still be allowed to speak and endorse the candidate at the same event in which he/she performed. The speech and endorsement, however, would not preclude the need to have the disclaimer for the celebrity's performance.
The celebrity should also be required to state that he/she is not being paid for the endorsement. If the celebrity wants to state that he/she is donating their payment to charity, that is permissible as well.
Such a donation would probably demonstrate that the celebrity is more interested in supporting the candidate than getting paid.
The FEC clarifying the rules around celebrity endorsements and performances will help voters make more informed decisions. This development would be positive for America's politics.
Michael B. Abramson is a practicing attorney. He is also an adviser with the National Diversity Coalition for Trump. He is the host of the "Advancing the Agenda" podcast and the author of "A Playbook for Taking Back America: Lessons from the 2012 Presidential Election." Follow him on his website and Twitter, @mbabramson. Read Michael B. Abramson's Reports — More Here.
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