Association of Texas Professional Educators
Association of Texas Professional Educators

Top 10 Fundraising Rules for ATPE-PAC

Download a copy of the Top 10 Fundraising Rules for ATPE-PAC or use the links below to jump to a section.

Rule No. 1: Can I distribute information about ATPE-PAC or PAC envelopes while on duty at school?
Rule No. 2: Can you ask anyone to contribute to ATPE-PAC?
Rule No. 3: How much money can someone give to ATPE-PAC?
Rule No. 4: Can ATPE dues dollars be donated to ATPE-PAC?
Rule No. 5: Can someone contribute to ATPE-PAC anonymously?
Rule No. 6: Will all donations to ATPE-PAC be reported to the Texas Ethics Commission?
Rule No. 7: Where should ATPE members and leaders send ATPE-PAC donations?
Rule No. 8: No raffles!
Rule No. 9: Can I hold an auction to support ATPE-PAC?
Rule No. 10: What recordkeeping is required for an ATPE-PAC auction fundraiser?

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Rule No. 1: Can I distribute information about ATPE-PAC or PAC envelopes while on duty at school?

We urge members not to solicit PAC donations during school hours or using school resources. Doing so could result in disciplinary action by your school district or even criminal penalties. Please do not use school supplies or resources, including your school’s internal mail or email system, to share or distribute information about the PAC. In addition to physical and electronic mail systems, school resources may include paper, computers, printers and copiers, or even the school district’s internet or Wi-Fi network. Distributing information in person is more effective anyway. However, your paid time is also a school resource, so wait to pass out PAC information during non-school hours.

When emailing potential PAC donors, it is always best to use personal email addresses for both senders and recipients.

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Rule No. 2: Can you ask anyone to contribute to ATPE-PAC?

ATPE-PAC donations may be solicited from ATPE members, employees, and their immediate families only. If someone outside of these three groups chooses to give an unsolicited donation, ATPE-PAC can accept it. We just can’t directly solicit donations from non-members.

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Rule No. 3: How much money can someone give to ATPE-PAC?

There is no limit on the amount an individual can donate to ATPE-PAC.

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Rule No. 4: Can ATPE dues dollars be donated to ATPE-PAC?

ATPE-PAC cannot accept direct corporate donations for political expenditures (i.e., PAC contributions to candidates), which means donations must come from a donor’s personal funds, not a business account. Dues dollars and accounts belonging to a local unit or region are corporate funds.

PACs associated with a business or labor organization, such as ATPE-PAC, may accept corporate dollars, including dues dollars, for the limited purpose of administration of the PAC. PAC administration includes things such as staff time associated with PAC reporting, fees associated with tax filing, and general office supplies. Costs associated with PAC fundraising are also considered administrative expenses. This includes marketing expenses, but also hard costs such as items purchased for a PAC auction, or food and event space rental for a fundraising gala or dinner.

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Rule No. 5: Can someone contribute to ATPE-PAC anonymously?

Texas law requires us to know the identity of each donor to ATPE-PAC and the amount they contributed and, in the case of larger donations, to report this information to the Texas Ethics Commission. Even small donations that are not required to be individually reported to the state must still be tracked. That means ATPE can’t just “pass the hat” or use a contribution jar to raise funds for our PAC. Instead, always have printed PAC envelopes handy in order to collect the necessary information from all donors or encourage donors to contribute to ATPE-PAC online. The information we need includes the donor’s name, address, occupation, and the date and amount of the donation.

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Rule No. 6: Will all donations to ATPE-PAC be reported to the Texas Ethics Commission?

The Texas Ethics Commission requires ATPE-PAC to report the name, address, occupation, amount, and date of the contributions from each person who donates $10 or more during our monthly reporting period. Of course, people can give multiple times during a single reporting period, which is why it’s important that we keep track of every PAC donation, regardless of how much a donor contributes at a given time.

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Rule No. 7: Where should ATPE members and leaders send ATPE-PAC donations?

If you conduct a PAC fundraiser at a local unit or region meeting, it is important to remit the funds collected to the ATPE state office as soon as possible. Please do not send cash in the mail! If an ATPE staff member is attending your event, you may ask them to deliver the funds to ATPE Accounting at the state office.

Always be sure to provide the amounts and contact information for each individual donor. Also, please list the date and event at which the funds were collected (e.g., Region 21 meeting, Nov. 1, 2021). If you are conducting an auction, please provide additional detail on the items donated. (See Rule Nos. 9 and 10 below.)

PAC envelopes that contain checks or credit card numbers should be sealed to protect the donor’s account information. If possible, please write the amount of the donation on the outside of the envelope. PAC envelopes containing checks or credit cards may be mailed to ATPE, ATTN: Accounting Department, 305 E. Huntland Drive, Suite 300, Austin, TX 78752. Consider purchasing insurance or using certified mail or another trackable delivery carrier if you are mailing PAC envelopes to the state office.

Note: You can avoid the hassle of physically delivering funds to the state office by encouraging members to donate online.

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Rule No. 8: No raffles!

We all love the idea of using raffles to raise money for a good cause, but Texas law unfortunately prohibits us from conducting a raffle (i.e., selling donors an opportunity to win a game of chance) for ATPE-PAC. Doing so may even carry criminal penalties.

There are, however, legal ways to combine games of skill and PAC fundraising. Below are examples of some fundraising ideas and explanations of why they are allowed or prohibited.

Examples:

  • A local unit asks members attending their meeting to make PAC donations. The donors’ names are placed into a hat. Door prizes are awarded to those whose names are pulled from the hat. Is this allowed? NO. The donors have purchased an opportunity to win a game of chance, so this is considered a raffle and is prohibited.
  • A region sells $5 tickets to members attending the meeting. Members place their tickets into a bucket next to a prize or auction item. Tickets are drawn from the bucket, and the winner takes home the item. Is this allowed? NO. As in the example above, donors have purchased an opportunity to win a game of chance, so this is prohibited as a PAC fundraiser.
  • A local unit collects PAC donations during a meeting and offers a prize to the member who donates the most money. Is this allowed? YES! Being the top donor, much like being the top bidder for an auction item, is not a game of chance. Therefore, offering a prize as an incentive is permissible.
  • Members who make a $5 PAC donation at a region meeting are allowed to guess how many pieces of candy are inside a jar. The person with the closest guess wins the jar of candy. Is this allowed? YES! Although this might seem like a game of chance, it is considered a game of skill and is permissible.

If you have questions about other specific fundraising ideas that include games or prizes, please do not hesitate to reach out to ATPE Governmental Relations for guidance.

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Rule No. 9: Can I hold an auction to support ATPE-PAC?

YES! Live or silent auctions are a great way to raise PAC funds. The winning bidder who purchases an item is credited with making a donation to ATPE-PAC. The value of an item donated by an individual to be auctioned off at a fundraiser is also considered an “in-kind” contribution to ATPE-PAC.

When conducting a fundraising auction, be sure to collect the following information about items donated: the donor’s name and contact information, a description of the item, and the fair market value of the item. Fair market value may be determined by looking at the retail price of the item or how much the item’s donor paid for it.

As mentioned above, dues dollars may be used to purchase items that will be auctioned off to raise money for ATPE-PAC. ATPE must report the value of auction items purchased with dues dollars as a non-political contribution and corresponding administrative expense. In these instances, the fair market value of the item will be the purchase price of the item bought by ATPE.

Keep in mind that dues dollars may not be used to bid on items or pay for the winning bid in a PAC auction.

ATPE can facilitate an online PAC auction or fundraising drive using our GiveSmart web-based donation platform. To request this type of assistance, please contact ATPE Governmental Relations with the details and give us at least six weeks’ advance notice to set up the site. You will be responsible for providing photos, descriptions, fair market values, and starting bid amounts for each item.

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Rule No. 10: What recordkeeping is required for an ATPE-PAC auction fundraiser?

As noted above, auction items donated by an individual for a PAC fundraiser are considered “in-kind” contributions to ATPE-PAC. Both the donated item and the purchase price or fair market value must be reported as contributions when the donations are sent to the ATPE state office. For example: A $100 golf bag auctioned off for $500 would have to be reported as a $100 in-kind contribution from the person who donated the bag, as well as a $500 contribution by the winning bidder.

It is also possible for the state office, regions, and local units to purchase auction items in support of an ATPE-PAC auction. Items purchased in this manner using ATPE dues dollars are reported as both a non-political contribution of corporate funds and as a corresponding administrative expense.

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CONCLUSION

This summary is not intended to encompass all the rules. It is designed to give you a broad overview of the most common questions involving PAC fundraising. Be sure to contact ATPE if you have any questions about the rules that have been outlined above, or if you are planning a fundraiser and need guidance on what is permitted. You may email ATPE Governmental Relations at government@atpe.org or call (800) 777-ATPE. Our lobby team is happy to answer any questions that will allow you to have a smooth and successful fundraiser.