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Legal Defense Fund Standards

Overview

ActBlue permits legal defense funds that align with our mission. These funds help candidates, officeholders, and organizations facing legal matters related to their work in politics and progressive causes.

This page walks you through how we evaluate legal defense funds, what structures work best, and what you need to know before setting one up. If you have questions, please contact our support team.

Who Can Use Legal Defense Funds

Legal defense funds are evaluated on a case-by-case basis. ActBlue generally permits legal defense funds for:

Individual Candidates and Officeholders:

  • Legal matters arising from campaign activities
  • Legal matters related to official duties
  • Electoral litigation (recounts, ballot access challenges, residency disputes, election contests)

Note: Campaign committees may use their existing accounts for electoral litigation matters (recounts, ballot access challenges, election contests) without establishing separate legal defense funds, though separate funds are also permissible if preferred.

Organizations:

  • Mission-aligned legal defense organizations (for example, abortion funds)
  • Organizations providing legal support for progressive movements and causes

Organizational Structure

ActBlue strongly prefers legal defense funds structured as non-federal 527 organizations. This structure provides:

  • Clear tax treatment for both donors and beneficiaries
  • Transparent public disclosure through IRS filings 
  • Separation from campaign finances

Separation Requirements for Criminal Matters

For new applications involving criminal charges, ActBlue's standard practice is to require separate legal defense fund entities independent from campaign committees. This separation:

  • Enhances transparency for donors about how contributions will be used
  • Provides regulatory clarity under FEC rules

Solicitation Requirements

All legal defense fund solicitations must clearly state that contributions will be used for legal defense expenses. Donors should not be confused about whether they are contributing to a campaign or to a legal defense fund.

Ethics And Regulatory Compliance

Some officeholders may be subject to additional rules governing legal defense fundraising, including but not limited to House or Senate ethics requirements or state-specific regulations. Compliance with these requirements is the responsibility of the officeholder and their legal counsel. ActBlue's approval of a legal defense fund does not constitute a determination of compliance with any external ethics or regulatory framework.

Frequently Asked Questions

Can a campaign committee fundraise for legal defense expenses?

For new applications involving criminal charges, ActBlue's standard requirement is a separate legal defense fund entity (typically a non-federal 527). For other legal matters, primarily electoral litigation, campaign committees are generally appropriate. Existing arrangements established before these standards were in place are evaluated based on circumstances at the time.

What types of election-related legal matters are appropriate?

Election-related legal matters are generally viewed favorably, including:

  • Recounts and election contests
  • Ballot access challenges
  • Residency or eligibility disputes
  • Defense against election-related investigations arising from campaign activities

Can organizational legal defense funds use ActBlue?

Yes. Mission-aligned organizations providing legal defense services (for example, abortion funds) are generally permissible and go through standard organizational vetting.

What if I have questions about whether my legal defense fund qualifies?

Start the process here. Our team can provide guidance on structure, setup, and whether your specific situation aligns with our standards.