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Can I use email marketing to fundraise in Tennessee? What are the requirements?

Email Marketing for Fundraising in Tennessee

Email marketing can be a useful tool for fundraising in Tennessee, but there are certain requirements that must be followed to ensure compliance with state and federal laws.

Requirements for Charitable Solicitations and Gaming

According to the Tennessee Secretary of State, only qualified 501(c)(3) or 501(c)(19) organizations that have submitted an application to the Division of Charitable Solicitations and Gaming and have been approved can hold a raffle [1]. It is important to note that a raffle is considered a game of chance, and participants must purchase a ticket for a chance to win a prize, with the winner determined by random drawing.

Prohibition Against Using Official Resources for Campaign Purposes

Under statutory law and Committee on House Administration regulations, a Member of Congress is prohibited from spending official funds to make any unsolicited mass communication within 90 days of any election in which the Member’s name is on the ballot [3]. This means that if you are a political candidate or affiliated with a political campaign, you cannot use official resources, such as a congressional office email account, to send unsolicited mass emails for fundraising purposes.

Sales and Use Tax

If you are selling goods or services through email marketing, you may be required to register for sales and use tax in Tennessee [2]. It is important to consult with a tax professional to determine your specific tax obligations.

Conclusion

In summary, if you are a qualified 501(c)(3) or 501(c)(19) organization that has been approved to hold a raffle, you can use email marketing for fundraising purposes in Tennessee. However, if you are a political candidate or affiliated with a political campaign, you cannot use official resources for unsolicited mass communications within 90 days of an election. Additionally, if you are selling goods or services through email marketing, you may be required to register for sales and use tax in Tennessee.

Source(s):
Jurisdiction

Tennessee