Distributing Legislator Voting Records

DISCLAIMER: This content applies only to federal campaign activities and does not constitute legal advice. Please consult your counsel for legal advice regarding specific federal campaign activities and local and state matters.


Voting Records

It is helpful to provide employees with the voting records of incumbents. Being a fully informed voter means knowing how an elected official votes as well as how that voting record affects business interests.

Voting records that state how an elected official voted on bills may be sent to anyone without triggering regulation as long as they are not coordinated with any candidate or political party and contain no language or indications that can be construed to endorse a candidate in an election (i.e. express advocacy). For reference, AGC provides a realtime legislative scorecard that lists how members of Congress voted on important legislation (aka "key vote") to the construction industry. 

Voter Guides

There are two types of voter guides that can be distributed to anyone without triggering regulation.

  1. A nonpartisan presentation of written questions posed to candidates along with their accompanying responses. You must provide each candidate with an equal opportunity to respond. If a candidate fails to answer a question, or to return the questionnaire, simply indicate “Did not respond” wherever relevant. Typically, these questionnaires can be directed to candidates through their campaign offices. For reference, this is the questionnaire that AGC of America's political action committee (AGC PAC) uses to evaluate federal candidates for support. 
  2. A nonpartisan presentation of the candidates’ positions on various issues. Candidates’ positions are researched using content from their campaign website, legislative record, and public statements. Sources should be supplied for each listed position.

If your company wants to create a voter guide, please note that no candidate can be featured more prominently than any other and the candidates' responses cannot be rated or scored. 

You may create a questionnaire regarding issues of interest to your company, ask candidates to respond, and then publish the answers in your newsletter, on your intranet, or in a handy booklet. You must provide each candidate with an equal opportunity to respond. If a candidate fails to answer a question, or to return the questionnaire, simply indicate “Did not respond” wherever relevant. Typically, these questionnaires can be directed to candidates through their campaign offices. For reference, here is the questionnaire that the association's political action committee (AGC PAC) requests from all first-time candidates seeking support.