Consultants

Consultants provide professional or expert advice to campaigns in fields such as public relations, law, campaign finance, media, petitioning, and get-out-the-vote operations. Consultants who employ field workers on behalf of the campaign have additional documentation requirements that are noted below.

Before Beginning Work on a Campaign

Contracts between a campaign and a consultant must be signed and dated by both the campaign and the consultant before the consultant begins work on the campaign. Any subsequent changes to the terms of the contract must be documented in an amended contract or contract addendum. A notice of resignation or termination in the form of a letter or email should be provided to the campaign if a consultant leaves the campaign before a contract expires.

Contracts

Consultants should also consider the following while drafting their contract:

• Election cycle periods: Consultants must specify their start and end dates and whether the rates or frequency of payment will change depending on the election cycle periods (e.g., out-year, primary, general, or post-election).
• Retainers (optional): If a retainer fee is charged, the purpose must be clarified. If the retainer is for future services, that must be stated in the contract.
• Bonuses and performance-based payments (optional/may be prohibited): If a campaign is a participant in the Campaign Finance Program, any bonus or performance-based payment must be agreed upon in the original contract, and payment of bonuses cannot be issued post-election. Further, bonuses cannot be based on whether or not the campaign receives public funds or has funds remaining after the election.
• Other clients that are independent spenders: If a consultant works for both campaigns and independent spenders, this could lead to determinations that the spenders’ activity is not independent and therefore constitutes an in-kind contribution to the campaign, subject to the contribution limits and prohibitions. For more information, please see Political Consultants Who Work for Both Candidates and Independent Spenders.

During the Campaign

Additional invoices are required if the consultant acts as the conduit for goods or provides services that are not detailed in the contract. For example, if a consultant provides advice on campaign finance according to the contract, but also designs a piece of campaign literature, the work designing the literature would have to be documented and billed using a supplemental invoice.

Additionally, consultants who make purchases from other vendors on behalf of a campaign must provide the underlying documentation, such as invoices or receipts. Consultants should refer to the other sections of this guide to know what documentation will need to be obtained.

NOTE: If a consultant is being paid according to a regular payment schedule for services agreed upon in the contract, then an invoice is not needed to document those payments.

Additional Documentation Requirements for Consultants who Provide Field Workers

Time sheets must be provided for any field workers that a consultant employs on behalf of the campaign.

NOTE: Volunteer Services
Consultants cannot volunteer professional services to a campaign if they previously provided the campaign with similar services on a paid basis.

Return to the Consultant and Vendor Guide