11 CFR Part 100 — Scope and Definitions (52 U.S.C. 30101)

PART 100—SCOPE AND DEFINITIONS (52 U.S.C. 30101) Authority: 52 U.S.C. 30101, 30102(g), 30104, 30111(a)(8), and 30114(c). Source: 45 FR 15094, Mar. 7, 1980, unless otherwise noted. Subpart A—General Definitions § 100.1 Scope. This subchapter is issued by the Federal Election Commission to implement the Federal Election Campaign Act of 1971, as amended, 52 U.S.C. 30101 et seq. [79 FR 16663, Mar. 26, 2014, as amended at 79 FR 77844, Dec. 29, 2014] § 100.2 Election (52 U.S.C. 30101(1)). (a) Election (b) General election. (1) An election held in even numbered years on the Tuesday following the first Monday in November is a general election. (2) An election which is held to fill a vacancy in a Federal office ( i.e. (c) Primary election. (1) An election which is held prior to a general election, as a direct result of which candidates are nominated, in accordance with applicable State law, for election to Federal office in a subsequent election is a primary election. (2) An election which is held for the expression of a preference for the nomination of persons for election to the office of President of the United States is a primary election. (3) An election which is held to elect delegates to a national nominating convention is a primary election. (4) With respect to individuals seeking federal office as independent candidates, or without nomination by a major party (as defined in 26 U.S.C. 9002(6)), the primary election is considered to occur on one of the following dates, at the choice of the candidate: (i) The day prescribed by applicable State law as the last day to qualify for a position on the general election ballot may be designated as the primary election for such candidate. (ii) The date of the last major party primary election, caucus, or convention in that State may be designated as the primary election for such candidate. (iii) In the case of non-major parties, the date of the nomination by that party may be designated as the primary election for such candidate. (5) With respect to any major party candidate (as defined at 26 U.S.C. 9002(6)) who is unopposed for nomination within his or her own party, and who is certified to appear as that party's nominee in the general election for the office sought, the primary election is considered to have occurred on the date on which the primary election was held by the candidate's party in that State. (d) Runoff election. Runoff election (1) The election held after a primary election, and prescribed by applicable State law as the means for deciding which candidate(s) should be certified as a nominee for the Federal office sought, is a runoff election. (2) The election held after a general election and prescribed by applicable State law as the means for deciding which candidate should be certified as an officeholder elect, is a runoff election. (e) Caucus or Convention. (f) Special election. Special election § 100.3 Candidate (52 U.S.C. 30101(2)). (a) Definition. Candidate (1) The individual has received contributions aggregating in excess of $5,000 or made expenditures aggregating in excess of $5,000. (2) The individual has given his or her consent to another person to receive contributions or make expenditures on behalf of that individual and such person has received contributions aggregating in excess of $5,000 or made expenditures aggregating in excess of $5,000. (3) After written notification by the Commission that any other person has received contributions aggregating in excess of $5,000 or made expenditures aggregating in excess of $5,000 on the individual's behalf, the individual fails to disavow such activity in writing to the Commission within 30 days of receipt of the notification. (4) The aggregate of contributions received under 11 CFR 100.3(a) (1), (2), and (3), in any combination thereof, exceeds $5,000, or the aggregate of expenditures made under 11 CFR 100.3(a) (1), (2), and (3), in any combination thereof, exceeds $5,000. (b) Election cycle. [45 FR 15094, Mar. 7, 1980, as amended at 89 FR 214, Jan. 2, 2024] § 100.4 Federal office (52 U.S.C. 30101(3)). Federal office § 100.5 Political committee (52 U.S.C. 30101(4), (5), and (6)). Political committee (a) Except as provided in 11 CFR 100.5 (b), (c) and (d), any committee, club, association, or other group of persons which receives contributions aggregating in excess of $1,000 or which makes expenditures aggregating in excess of $1,000 during a calendar year is a political committee. (b) Any separate segregated fund established under 52 U.S.C. 30118(b)(2)(C) is a political committee. (c) Any local committee of a political party is a political committee if: it receives contributions aggregating in excess of $5,000 during a calendar year; it makes payments exempted from the definition of contribution, under 11 CFR 100.80, 100.87, and 100.89 and expenditure, under 11 CFR 100.140, 100.147, and 100.149, which payments aggregate in excess of $5,000 during a calendar year; or it makes contributions aggregating in excess of $1,000 or makes expenditures aggregating in excess of $1,000 during a calendar year. (d) An individual's principal campaign committee or authorized committee(s) becomes a political committee(s) when that individual becomes a candidate pursuant to 11 CFR 100.3. (e) The following are examples of political committees: (1) Principal campaign committee. Principal campaign committee (2) Single candidate committee. Single candidate committee (3) Multi-candidate committee. Multi-candidate committee (i) Has been registered with the Commission for at least 6 months; (ii) Has received contributions for Federal elections from more than 50 persons; and (iii) Except for any State political party organization, has made contributions to 5 or more Federal candidates. (4) Party committee. Party committee (5) Delegate committee. delegate committee delegate (6) Leadership PAC. Leadership PAC (7) Lobbyist/Registrant PAC. See (f) A political committee is either an authorized committee or an unauthorized committee. (1) Authorized committee. authorized committee (2) Unauthorized committee. unauthorized committee (g) Affiliated committee. (2) All committees (including a separate segregated fund, see Local unit (3) Affiliated committees sharing a single contribution limitation under paragraph (g)(2) of this section include all of the committees established, financed, maintained or controlled by— (i) A single corporation and/or its subsidiaries; (ii) A single national or international union and/or its local unions or other subordinate organizations; (iii) An organization of national or international unions and/or all its State and local central bodies; (iv) A membership organization, (other than political party committees, see see (v) The same person or group of persons. (4)(i) The Commission may examine the relationship between organizations that sponsor committees, between the committees themselves, or between one sponsoring organization and a committee established by another organization to determine whether committees are affiliated. (ii) In determining whether committees not described in paragraphs (g)(3) (i)-(iv) of this section are affiliated, the Commission will consider the circumstantial factors described in paragraphs (g)(4)(ii) (A) through (J) of this section. The Commission will examine these factors in the context of the overall relationship between committees or sponsoring organizations to determine whether the presence of any factor or factors is evidence of one committee or organization having been established, financed, maintained or controlled by another committee or sponsoring organization. Such factors include, but are not limited to: (A) Whether a sponsoring organization owns controlling interest in the voting stock or securities of the sponsoring organization of another committee; (B) Whether a sponsoring organization or committee has the authority or ability to direct or participate in the governance of another sponsoring organization or committee through provisions of constitutions, bylaws, contracts, or other rules, or through formal or informal practices or procedures; (C) Whether a sponsoring organization or committee has the authority or ability to hire, appoint, demote or otherwise control the officers, or other decisionmaking employees or members of another sponsoring organization or committee; (D) Whether a sponsoring organization or committee has a common or overlapping membership with another sponsoring organization or committee which indicates a formal or ongoing relationship between the sponsoring organizations or committees; (E) Whether a sponsoring organization or committee has common or overlapping officers or employees with another sponsoring organization or committee which indicates a formal or ongoing relationship between the sponsoring organizations or committees; (F) Whether a sponsoring organization or committee has any members, officers or employees who were members, officers or employees of another sponsoring organization or committee which indicates a formal or ongoing relationship between the sponsoring organizations or committees, or which indicates the creation of a successor entity; (G) Whether a sponsoring organization or committee provides funds or goods in a significant amount or on an ongoing basis to another sponsoring organization or committee, such as through direct or indirect payments for administrative, fundraising, or other costs, but not including the transfer to a committee of its allocated share of proceeds jointly raised pursuant to 11 CFR 102.17; (H) Whether a sponsoring organization or committee causes or arranges for funds in a significant amount or on an ongoing basis to be provided to another sponsoring organization or committee, but not including the transfer to a committee of its allocated share of proceeds jointly raised pursuant to 11 CFR 102.17; (I) Whether a sponsoring organization or committee or its agent had an active or significant role in the formation of another sponsoring organization or committee; and (J) Whether the sponsoring organizations or committees have similar patterns of contributions or contributors which indicates a formal or ongoing relationship between the sponsoring organizations or committees. (5) Notwithstanding paragraphs (g)(2) through (g)(4) of this section, no authorized committee shall be deemed affiliated with any entity that is not an authorized committee. [45 FR 15094, Mar. 7, 1980, as amended at 45 FR 34867, May 23, 1980; 52 FR 35534, Sept. 22, 1987; 54 FR 34109, Aug. 17, 1989; 54 FR 48580, Nov. 24, 1989; 61 FR 3549, Feb. 1, 1996; 67 FR 78679, Dec. 26, 2002; 68 FR 67018, Dec. 1, 2003; 74 FR 7302, Feb. 17, 2009; 79 FR 77844, Dec. 29, 2014; 84 FR 18698, May 2, 2019] § 100.6 Connected organization (52 U.S.C. 30101(7)). (a) Connected organization (b) For purposes of 11 CFR 100.6, organizations which are members of the entity (such as corporate members of a trade association) which establishes, administers, or financially supports a political committee are not organizations which directly or indirectly establish, administer or financially support that political committee. (c) For purposes of 11 CFR 100.6, the term financially supports §§ 100.7-100.8 [Reserved] § 100.9 Commission (52 U.S.C. 30101(10)). Commission [45 FR 15094, Mar. 7, 1980, as amended at 50 FR 50778, Dec. 12, 1985; 82 FR 60853, Dec. 26, 2017] § 100.10 Person (52 U.S.C. 30101(11)). Person § 100.11 State (52 U.S.C. 30101(12)). State § 100.12 Identification (52 U.S.C. 30101(13)). Identification § 100.13 National committee (52 U.S.C. 30101(14)). National committee § 100.14 State Committee, subordinate committee, district, or local committee (52 U.S.C. 30101(15)). (a) State committee (b) District or local committee (c) Subordinate committee of a State, district, or local committee [67 FR 49110, July 29, 2002] § 100.15 Political party (52 U.S.C. 30101(16)). Political party § 100.16 Independent expenditure (52 U.S.C. 30101(17)). (a) The term independent expenditure (b) No expenditure by an authorized committee of a candidate on behalf of that candidate shall qualify as an independent expenditure. (c) No expenditure shall be considered independent if the person making the expenditure allows a candidate, a candidate's authorized committee, or their agents, or a political party committee or its agents to become materially involved in decisions regarding the communication as described in 11 CFR 109.21(d)(2), or shares financial responsibility for the costs of production or dissemination with any such person. [68 FR 451, Jan. 3, 2003] § 100.17 Clearly identified (52 U.S.C. 30101(18)). The term clearly identified [60 FR 35304, July 6, 1995] § 100.18 Act (52 U.S.C. 30101(19)). Act et. seq. [79 FR 77845, Dec. 29, 2014] § 100.19 File, filed, or filing (52 U.S.C. 30104(a)). With respect to documents required to be filed with the Commission under 11 CFR parts 101, 102, 104, 105, 107, 108, and 109, and any modifications or amendments thereto, the terms file, filed, filing file, filed, filing (a) Where to deliver reports. (b) Timely filed. (i) Deposited: (A) As registered or certified mail in an established U.S. Post Office; (B) As Priority Mail or Express Mail, with a delivery confirmation, in an established U.S. Post Office; or (C) With an overnight delivery service and scheduled to be delivered the next business day after the date of deposit and recorded in the overnight delivery service's on-line tracking system; and (ii) The postmark on the document must be dated no later than 11:59 p.m. Eastern Standard/Daylight Time on the filing date, except that pre-election reports must have a postmark dated no later than 11:59 p.m. Eastern Standard/Daylight Time on the fifteenth day before the date of the election. (2) Documents, other than those addressed in paragraphs (c) through (f) of this section, sent by first class mail or by any means other than those listed in paragraph (b)(1)(i) of this section must be received by the close of business on the prescribed filing date to be timely filed. (3) As used in this paragraph (b) of this section and in 11 CFR 104.5, (i) Overnight delivery service means a private delivery service business of established reliability that offers an overnight ( i.e. (ii) Postmark means a U.S. Postal Service postmark or the verifiable date of deposit with an overnight delivery service. (c) Electronically filed reports. (d) 48-hour and 24-hour reports of independent expenditures 48-hour reports of independent expenditures. (2) 24-hour reports of independent expenditures. (3) Permissible means of filing. (e) 48-hour statements of last-minute contributions. See (f) 24-hour statements of electioneering communications. See (g) A document may be filed in person or by mail, including priority mail or express mail, or overnight delivery service, with the Federal Election Commission, or by any alternative means, including electronic, that the Commission may prescribe. [67 FR 12839, Mar. 20, 2002, as amended at 68 FR 416, Jan. 3, 2003; 68 FR 3995, Jan. 27, 2003; 70 FR 13091, Mar. 18, 2005; 73 FR 79601, Dec. 30, 2008; 82 FR 60853, Dec. 26, 2017; 84 FR 18698, May 2, 2019; 89 FR 214, Jan. 2, 2024] § 100.20 Occupation (52 U.S.C. 30101(13)). Occupation § 100.21 Employer (52 U.S.C. 30101(13)). Employer § 100.22 Expressly advocating (52 U.S.C. 30101(17)). Expressly advocating (b) When taken as a whole and with limited reference to external events, such as the proximity to the election, could only be interpreted by a reasonable person as containing advocacy of the election or defeat of one or more clearly identified candidate(s) because— (1) The electoral portion of the communication is unmistakable, unambiguous, and suggestive of only one meaning; and (2) Reasonable minds could not differ as to whether it encourages actions to elect or defeat one or more clearly identified candidate(s) or encourages some other kind of action. [60 FR 35304, July 6, 1995] § 100.23 [Reserved] § 100.24 Federal election activity (52 U.S.C. 30101(20)). (a) As used in this section, and in part 300 of this chapter, (1) In connection with an election in which a candidate for Federal office appears on the ballot (i) The period of time beginning on the date of the earliest filing deadline for access to the primary election ballot for Federal candidates as determined by State law, or in those States that do not conduct primaries, on January 1 of each even-numbered year and ending on the date of the general election, up to and including the date of any general runoff. (ii) The period beginning on the date on which the date of a special election in which a candidate for Federal office appears on the ballot is set and ending on the date of the special election. (2) Voter registration activity. (i) Voter registration activity means: (A) Encouraging or urging potential voters to register to vote, whether by mail (including direct mail), e-mail, in person, by telephone (including pre-recorded telephone calls, phone banks and messaging such as SMS and MMS), or by any other means; (B) Preparing and distributing information about registration and voting; (C) Distributing voter registration forms or instructions to potential voters; (D) Answering questions about how to complete or file a voter registration form, or assisting potential voters in completing or filing such forms; (E) Submitting or delivering a completed voter registration form on behalf of a potential voter; (F) Offering or arranging to transport, or actually transporting potential voters to a board of elections or county clerk's office for them to fill out voter registration forms; or (G) Any other activity that assists potential voters to register to vote. (ii) Activity is not voter registration activity solely because it includes a brief exhortation to register to vote, so long as the exhortation is incidental to a communication, activity, or event. Examples of brief exhortations incidental to a communication, activity, or event include: (A) A mailer praises the public service record of mayoral candidate X and/or discusses his campaign platform. The mailer concludes by reminding recipients, “Don't forget to register to vote for X by October 1st.” (B) A phone call for a State party fundraiser gives listeners information about the event, solicits donations, and concludes by reminding listeners, “Don't forget to register to vote.” (3) Get-out-the-vote activity. (i) Get-out-the-vote activity means: (A) Encouraging or urging potential voters to vote, whether by mail (including direct mail), e-mail, in person, by telephone (including pre-recorded telephone calls, phone banks and messaging such as SMS and MMS), or by any other means; (B) Informing potential voters, whether by mail (including direct mail), e-mail, in person, by telephone (including pre-recorded telephone calls, phone banks and messaging such as SMS and MMS), or by any other means, about: ( 1 ( 2 ( 3 (C) Offering or arranging to transport, or actually transporting, potential voters to the polls; or (D) Any other activity that assists potential voters to vote. (ii) Activity is not get-out-the-vote activity solely because it includes a brief exhortation to vote, so long as the exhortation is incidental to a communication, activity, or event. Examples of brief exhortations incidental to a communication, activity, or event include: (A) A mailer praises the public service record of mayoral candidate X and/or discusses his campaign platform. The mailer concludes by reminding recipients, “Vote for X on November 4th.” (B) A phone call for a State party fundraiser gives listeners information about the event, solicits donations, and concludes by reminding listeners, “Don't forget to vote on November 4th.” (4) Voter identification (b) As used in part 300 of this chapter, Federal election activity (1) Voter registration activity during the period that begins on the date that is 120 calendar days before the date that a regularly scheduled Federal election is held and ends on the date of the election. For purposes of voter registration activity, the term “election” does not include any special election. (2) The following activities conducted in connection with an election in which one or more candidates for Federal office appears on the ballot (regardless of whether one or more candidates for State or local office also appears on the ballot): (i) Voter identification. (ii) Generic campaign activity, as defined in 11 CFR 100.25. (iii) Get-out-the-vote activity. (3) A public communication that refers to a clearly identified candidate for Federal office, regardless of whether a candidate for State or local election is also mentioned or identified, and that promotes or supports, or attacks or opposes any candidate for Federal office. This paragraph applies whether or not the communication expressly advocates a vote for or against a Federal candidate. (4) Services provided during any month by an employee of a State, district, or local committee of a political party who spends more than 25 percent of that individual's compensated time during that month on activities in connection with a Federal election. (c) Exceptions. Federal election activity (1) A public communication that refers solely to one or more clearly identified candidates for State or local office and that does not promote or support, or attack or oppose a clearly identified candidate for Federal office; provided, however, that such a public communication shall be considered a Federal election activity if it constitutes voter registration activity, generic campaign activity, get-out-the-vote activity, or voter identification. (2) A contribution to a candidate for State or local office, provided the contribution is not designated to pay for voter registration activity, voter identification, generic campaign activity, get-out-the-vote activity, a public communication, or employee services as set forth in paragraphs (a)(1) through (4) of this section. (3) The costs of a State, district, or local political convention, meeting or conference. (4) The costs of grassroots campaign materials, including buttons, bumper stickers, handbills, brochures, posters, and yard signs, that name or depict only candidates for State or local office. (5) Voter identification activity that is conducted solely in connection with a non-Federal election held on a date on which no Federal election is held, and which is not used in a subsequent election in which a Federal candidate appears on the ballot. (6) Get-out-the-vote activity that is conducted solely in connection with a non-Federal election held on a date on which no Federal election is held, provided that any communications made as part of such activity refer exclusively to: (i) Non-Federal candidates participating in the non-Federal election, if the non-Federal candidates are not also Federal candidates; (ii) Ballot referenda or initiatives scheduled for the date of the non-Federal election; or (iii) The date, polling hours, and locations of the non-Federal election. (7) De minimis (i) On the website or internet application of a party committee or an association of State or local candidates, posting a hyperlink to a state or local election board's website or internet application containing information on voting or registering to vote; (ii) On the website or internet application of a party committee or an association of State or local candidates, enabling visitors to download a voter registration form or absentee ballot application; (iii) On the website or internet application of a party committee or an association of State or local candidates, posting information about voting dates and/or polling locations and hours of operation; or (iv) Placing voter registration forms or absentee ballot applications obtained from the board of elections at the office of a party committee or an association of State or local candidates. [67 FR 49110, July 29, 2002, as amended at 71 FR 8932, Feb. 22, 2006; 71 FR 14360, Mar. 22, 2006; 75 FR 55267, Sept. 10, 2010; 89 FR 214, Jan. 2, 2024] § 100.25 Generic campaign activity (52 U.S.C. 30101(21)). Generic campaign activity [67 FR 49110, July 29, 2002] § 100.26 Public communication (52 U.S.C. 30101(22)). Public communication general public political advertising [71 FR 18612, Apr. 12, 2006, as amended at 87 FR 77478, Dec. 19, 2022; 89 FR 214, Jan. 2, 2024] § 100.27 Mass mailing (52 U.S.C. 30101(23)). Mass mailing substantially similar [67 FR 49110, July 29, 2002] § 100.28 Telephone bank (52 U.S.C. 30101(24)). Telephone bank substantially similar [67 FR 49110, July 29, 2002] § 100.29 Electioneering communication (52 U.S.C. 30104(f)(3)). (a) Electioneering communication (1) Refers to a clearly identified candidate for Federal office; (2) Is publicly distributed within 60 days before a general election for the office sought by the candidate; or within 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate, for the office sought by the candidate, and the candidate referenced is seeking the nomination of that political party; and (3) Is targeted to the relevant electorate, in the case of a candidate for Senate or the House of Representatives. (b) For purposes of this section—(1) Broadcast, cable, or satellite communication (2) Refers to a clearly identified candidate (3)(i) Publicly distributed (ii) In the case of a candidate for nomination for President or Vice President, publicly distributed (A) Can be received by 50,000 or more persons in a State where a primary election, as defined in 11 CFR 9032.7, is being held within 30 days; or (B) Can be received by 50,000 or more persons anywhere in the United States within the period between 30 days before the first day of the national nominating convention and the conclusion of the convention. (4) A special election runoff election special election runoff election (5) Targeted to the relevant electorate (i) In the district the candidate seeks to represent, in the case of a candidate for Representative in or Delegate or Resident Commissioner to, the Congress; or (ii) In the State the candidate seeks to represent, in the case of a candidate for Senator. (6)(i) Information on the number of persons in a Congressional district or State that can receive a communication publicly distributed by a television station, radio station, a cable television system, or satellite system, shall be available on the Federal Communications Commission's website, http://www.fcc.gov. http://www.fec.gov. (ii) If the Federal Communications Commission's website does not indicate whether a communication can be received by 50,000 or more persons in the specified Congressional district or State, it shall be a complete defense against any charge that a communication reached 50,000 or more persons when the maker of a communication: (A) Reasonably relies on a writing obtained from the broadcast station, radio station, cable system, or satellite system that states that the communication cannot be received by 50,000 or more persons in the specified Congressional district (for U.S. House of Representatives candidates) or State (for U.S. Senate candidates or presidential primary candidates); (B) Does not publicly distribute the communication on a broadcast station, radio station, or cable system, located in any Metropolitan Area in the specified Congressional district (for U.S. House of Representatives candidates) or State (for U.S. Senate candidates or presidential primary candidates); or (C) Reasonably believes that the communication cannot be received by 50,000 or more persons in the specified Congressional district (for U.S. House of Representatives candidates) or State (for U.S. Senate candidates or presidential primary candidates). (7)(i) Can be received by 50,000 or more persons (A) In the case of a communication transmitted by an FM radio broadcast station or network, where the Congressional district or State lies entirely within the station's or network's protected or primary service contour, that the population of the Congressional district or State is 50,000 or more; or (B) In the case of a communication transmitted by an FM radio broadcast station or network, where a portion of the Congressional district or State lies outside of the protected or primary service contour, that the population of the part of the Congressional district or State lying within the station's or network's protected or primary service contour is 50,000 or more; or (C) In the case of a communication transmitted by an AM radio broadcast station or network, where the Congressional district or State lies entirely within the station's or network's most outward service area, that the population of the Congressional district or State is 50,000 or more; or (D) In the case of a communication transmitted by an AM radio broadcast station or network, where a portion of the Congressional district or State lies outside of the station's or network's most outward service area, that the population of the part of the Congressional district or State lying within the station's or network's most outward service area is 50,000 or more; or (E) In the case of a communication appearing on a television broadcast station or network, where the Congressional district or State lies entirely within the station's or network's Grade B broadcast contour, that the population of the Congressional district or State is 50,000 or more; or (F) In the case of a communication appearing on a television broadcast station or network, where a portion of the Congressional district or State lies outside of the Grade B broadcast contour— ( 1 ( 2 (G) In the case of a communication appearing exclusively on a cable or satellite television system, but not on a broadcast station or network, that the viewership of the cable system or satellite system lying within a Congressional district or State is 50,000 or more; or (H) In the case of a communication appearing on a cable television network, that the total cable and satellite viewership within a Congressional district or State is 50,000 or more. (ii) Cable or satellite television viewership is determined by multiplying the number of subscribers within a Congressional district or State, or a part thereof, as appropriate, by the current national average household size, as determined by the Bureau of the Census. (iii) A determination that a communication can be received by 50,000 or more persons based on the application of the formula at paragraph (b)(7)(i)(G) or (H) of this section shall create a rebuttable presumption that may be overcome by demonstrating that— (A) One or more cable or satellite systems did not carry the network on which the communication was publicly distributed at the time the communication was publicly distributed; and (B) Applying the formula to the remaining cable and satellite systems results in a determination that the cable network or systems upon which the communication was publicly distributed could not be received by 50,000 persons or more. (c) The following communications are exempt from the definition of electioneering communication. (1) Is publicly disseminated through a means of communication other than a broadcast, cable, or satellite television or radio station. For example, electioneering communication does not include communications appearing in print media, including a newspaper or magazine, handbill, brochure, bumper sticker, yard sign, poster, billboard, and other written materials, including mailings; communications over the Internet, including electronic mail; or telephone communications; (2) Appears in a news story, commentary, or editorial distributed through the facilities of any broadcast, cable, or satellite television or radio station, unless such facilities are owned or controlled by any political party, political committee, or candidate. A news story distributed through a broadcast, cable, or satellite television or radio station owned or controlled by any political party, political committee, or candidate is nevertheless exempt if the news story meets the requirements described in 11 CFR 100.132(a) and (b); (3) Constitutes an expenditure or independent expenditure provided that the expenditure or independent expenditure is required to be reported under the Act or Commission regulations; (4) Constitutes a candidate debate or forum conducted pursuant to 11 CFR 110.13, or that solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum; or (5) Is paid for by a candidate for State or local office in connection with an election to State or local office, provided that the communication does not promote, support, attack or oppose any Federal candidate. See [67 FR 65210, 65217, Oct. 23, 2002, as amended at 70 FR 75717, Dec. 21, 2005; 79 FR 16663, Mar. 26, 2014; 89 FR 214, Jan. 2, 2024] §§ 100.30-100.32 [Reserved] § 100.33 Personal funds. Personal funds of a candidate (a) Assets. (1) Legal and rightful title; or (2) An equitable interest; (b) Income. (1) A salary and other earned income that the candidate earns from bona fide employment; (2) Income from the candidate's stocks or other investments including interest, dividends, or proceeds from the sale or liquidation of such stocks or investments; (3) Bequests to the candidate; (4) Income from trusts established before the beginning of the election cycle; (5) Income from trusts established by bequest after the beginning of the election cycle of which the candidate is the beneficiary; (6) Gifts of a personal nature that had been customarily received by the candidate prior to the beginning of the election cycle; and (7) Proceeds from lotteries and similar legal games of chance; and (c) Jointly owned assets. (1) The portion of assets that is equal to the candidate's share of the asset under the instrument of conveyance or ownership; provided, however, (2) If no specific share is indicated by an instrument of conveyance or ownership, the value of one-half of the property. [73 FR 79601, Dec. 30, 2008] § 100.34 Record. (a) A record (b) Any person who provides to the Commission a record stored in an electronic or other non-tangible medium shall, upon request of the Commission, provide at no cost to the Commission any equipment and software necessary to enable the Commission to retrieve and review the information in the record. The Commission may request such equipment and software when the Commission cannot retrieve and review the information using the Commission's existing equipment and software. [89 FR 214, Jan. 2, 2024] § 100.35 Writing, written. Written, in writing, a writing [89 FR 214, Jan. 2, 2024] § 100.36 Signature, electronic signature. (a) A signature signature electronic signature, (b) An electronic signature (c) A writing or record may be sworn, made under oath, or otherwise certified or verified under penalty of perjury, by electronic signature. A writing or record may be notarized electronically pursuant to applicable State law. [89 FR 214, Jan. 2, 2024] §§ 100.37-100.50 [Reserved] Subpart B—Definition of Contribution (52 U.S.C. 30101(8)) Source: 67 FR 50585, Aug. 5, 2002, unless otherwise noted. § 100.51 Scope. (a) The term contribution (b) For the purpose of this subpart, a contribution or payment made by an individual shall not be attributed to any other individual, unless otherwise specified by that other individual in accordance with 11 CFR 110.1(k). § 100.52 Gift, subscription, loan, advance or deposit of money. (a) A gift, subscription, loan (except for a loan made in accordance with 11 CFR 100.82 and 100.83), advance, or deposit of money or anything of value made by any person for the purpose of influencing any election for Federal office is a contribution. (b) For purposes of this section, the term loan (1) A loan that exceeds the contribution limitations of 52 U.S.C. 30116 and 11 CFR part 110 shall be unlawful whether or not it is repaid. (2) A loan is a contribution at the time it is made and is a contribution to the extent that it remains unpaid. The aggregate amount loaned to a candidate or committee by a contributor, when added to other contributions from that individual to that candidate or committee, shall not exceed the contribution limitations set forth at 11 CFR part 110. A loan, to the extent it is repaid, is no longer a contribution. (3) Except as provided in paragraph (b)(4) of this section, a loan is a contribution by each endorser or guarantor. Each endorser or guarantor shall be deemed to have contributed that portion of the total amount of the loan for which he or she agreed to be liable in a written agreement. Any reduction in the unpaid balance of the loan shall reduce proportionately the amount endorsed or guaranteed by each endorser or guarantor in such written agreement. In the event that such agreement does not stipulate the portion of the loan for which each endorser or guarantor is liable, the loan shall be considered a loan by each endorser or guarantor in the same proportion to the unpaid balance that each endorser or guarantor bears to the total number of endorsers or guarantors. (4) A candidate may obtain a loan on which his or her spouse's signature is required when jointly owned assets are used as collateral or security for the loan. The spouse shall not be considered a contributor to the candidate's campaign if the value of the candidate's share of the property used as collateral equals or exceeds the amount of the loan that is used for the candidate's campaign. (5) If a political committee makes a loan to any person, such loan shall be subject to the limitations of 11 CFR part 110. Repayment of the principal amount of such loan to such political committee shall not be a contribution by the debtor to the lender committee. Such repayment shall be made with funds that are subject to the prohibitions of 11 CFR 110.20 and part 114. The payment of interest to such committee by the debtor shall be a contribution only to the extent that the interest paid exceeds a commercially reasonable rate prevailing at the time the loan is made. All payments of interest shall be made from funds subject to the prohibitions of 11 CFR 110.20 and part 114. (c) For purposes of this section, the term money (d)(1) For purposes of this section, the term anything of value (2) For purposes of paragraph (d)(1) of this section, usual and normal charge for goods [67 FR 50585, Aug. 5, 2002, as amended at 67 FR 78680, Dec. 26, 2002; 79 FR 16663, Mar. 26, 2014; 79 FR 77845, Dec. 29, 2014] § 100.53 Attendance at a fundraiser or political event. The entire amount paid to attend a fundraiser or other political event and the entire amount paid as the purchase price for a fundraising item sold by a political committee is a contribution. § 100.54 Compensation for personal services. The payment by any person of compensation for the personal services of another person if those services are rendered without charge to a political committee for any purpose, except for legal and accounting services provided under 11 CFR 100.85 and 100.86, is a contribution. No compensation is considered paid to any employee under any of the following conditions: (a) Paid on an hourly or salaried basis. (b) Paid on commission or piecework basis. (c) Vacation or earned leave time. [67 FR 50585, Aug. 5, 2002, as amended at 81 FR 34863, June 1, 2016] § 100.55 Extension of credit. The extension of credit by any person is a contribution unless the credit is extended in the ordinary course of the person's business and the terms are substantially similar to extensions of credit to nonpolitical debtors that are of similar risk and size of obligation. If a creditor fails to make a commercially reasonable attempt to collect the debt, a contribution will result. (See 11 CFR 116.3 and 116.4.) If a debt owed by a political committee is forgiven or settled for less than the amount owed, a contribution results unless such debt is settled in accordance with the standards set forth at 11 CFR 116.3 and 116.4. § 100.56 Office building or facility for national party committees. A gift, subscription, loan, advance, or deposit of money or anything of value to a national party committee for the purchase or construction of an office building or facility is a contribution. § 100.57 [Reserved] Subpart C—Exceptions to Contributions Source: 67 FR 50585, Aug. 5, 2002, unless otherwise noted. § 100.71 Scope. (a) The term contribution (b) For the purpose of this subpart, a contribution or payment made by an individual shall not be attributed to any other individual, unless otherwise specified by that other individual in accordance with 11 CFR 110.1(k). § 100.72 Testing the waters. (a) General exemption. (b) Exemption not applicable to individuals who have decided to become candidates. (1) The individual uses general public political advertising to publicize his or her intention to campaign for Federal office. (2) The individual raises funds in excess of what could reasonably be expected to be used for exploratory activities or undertakes activities designed to amass campaign funds that would be spent after he or she becomes a candidate. (3) The individual makes or authorizes written or oral statements that refer to him or her as a candidate for a particular office. (4) The individual conducts activities in close proximity to the election or over a protracted period of time. (5) The individual has taken action to qualify for the ballot under State law. § 100.73 News story, commentary, or editorial by the media. Any cost incurred in covering or carrying a news story, commentary, or editorial by any broadcasting station (including a cable television operator, programmer or producer), website, newspaper, magazine, or other periodical publication, including any Internet or electronic publication, is not a contribution unless the facility is owned or controlled by any political party, political committee, or candidate, in which case the costs for a news story: (a) That represents a bona fide (b) That is part of a general pattern of campaign-related news accounts that give reasonably equal coverage to all opposing candidates in the circulation or listening area, is not a contribution. [67 FR 50585, Aug. 5, 2002, as amended at 71 FR 18613, Apr. 12, 2006; 89 FR 215, Jan. 2, 2024] § 100.74 Uncompensated services by volunteers. The value of services provided without compensation by any individual who volunteers on behalf of a candidate or political committee is not a contribution. § 100.75 Use of a volunteer's real or personal property. No contribution results where an individual, in the course of volunteering personal services on his or her residential premises to any candidate or to any political committee of a political party, provides the use of his or her real or personal property to such candidate for candidate-related activity or to such political committee of a political party for party-related activity. For the purposes of this section, an individual's residential premises, shall include a recreation room in a residential complex where the individual volunteering services resides, provided that the room is available for use without regard to political affiliation. A nominal fee paid by such individual for the use of such room is not a contribution. § 100.76 Use of church or community room. No contribution results where an individual, in the course of volunteering personal services to any candidate or political committee of a political party, obtains the use of a church or community room and provides such room to any candidate for candidate-related activity or to any political committee of a political party for party-related activity, provided that the room is used on a regular basis by members of the community for noncommercial purposes and the room is available for use by members of the community without regard to political affiliation. A nominal fee paid by such individual for the use of such room is not a contribution. § 100.77 Invitations, food, and beverages. The cost of invitations, food and beverages is not a contribution where such items are voluntarily provided by an individual volunteering personal services on the individual's residential premises or in a church or community room as specified at 11 CFR 100.75 and 100.76 to a candidate for candidate-related activity or to any political committee of a political party for party-related activity, to the extent that: The aggregate value of such invitations, food and beverages provided by the individual on behalf of the candidate does not exceed $1,000 with respect to any single election; and on behalf of all political committees of each political party does not exceed $2,000 in any calendar year. [69 FR 68238, Nov. 24, 2004] § 100.78 Sale of food or beverages by vendor. The sale of any food or beverage by a vendor (whether incorporated or not) for use in a candidate's campaign, or for use by a political committee of a political party, at a charge less than the normal or comparable commercial rate, is not a contribution, provided that the charge is at least equal to the cost of such food or beverage to the vendor, to the extent that: The aggregate value of such discount given by the vendor on behalf of any single candidate does not exceed $1,000 with respect to any single election; and on behalf of all political committees of each political party does not exceed $2,000 in a calendar year. § 100.79 Unreimbursed payment for transportation and subsistence expenses. (a) Transportation expenses. (1) The aggregate value of the payments made by such individual on behalf of a candidate does not exceed $1,000 with respect to a single election; and (2) The aggregate value of the payments made by such individual on behalf of all political committees of each political party does not exceed $2,000 in a calendar year. (b) Subsistence expenses. § 100.80 Slate cards and sample ballots. The payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card, sample ballot, palm card, or other printed listing(s) of three or more candidates for any public office for which an election is held in the State in which the committee is organized is not a contribution. The payment of the portion of such costs allocable to Federal candidates must be made from funds subject to the limitations and prohibitions of the Act. If made by a political committee, such payments shall be reported by that committee as disbursements, but need not be allocated in committee reports to specific candidates. This exemption shall not apply to costs incurred by such a committee with respect to the preparation and display of listings made on broadcasting stations, or in newspapers, magazines, and similar types of general public political advertising such as billboards. But see § 100.81 Payments by corporations and labor organizations. Any payment made or obligation incurred by a corporation or a labor organization is not a contribution, if under the provisions of 11 CFR part 114 such payment or obligation would not constitute an expenditure by the corporation or labor organization. § 100.82 Bank loans. (a) General provisions. (1) Bears the usual and customary interest rate of the lending institution for the category of loan involved; (2) Is made on a basis that assures repayment; (3) Is evidenced by a written instrument; and (4) Is subject to a due date or amortization schedule. (b) Reporting. (c) Endorsers and guarantors. (d) Overdrafts. (1) The overdraft is made on an account that is subject to automatic overdraft protection; (2) The overdraft is subject to a definite interest rate that is usual and customary; and (3) There is a definite repayment schedule. (e) Made on a basis that assures repayment. (1)(i) The lending institution making the loan has perfected a security interest in collateral owned by the candidate or political committee receiving the loan, the fair market value of the collateral is equal to or greater than the loan amount and any senior liens as determined on the date of the loan, and the candidate or political committee provides records to show that the lending institution has a perfected security interest in the collateral. Sources of collateral include, but are not limited to, ownership in real estate, personal property, goods, negotiable instruments, certificates of deposit, chattel papers, stocks, accounts receivable and cash on deposit. (ii) Amounts guaranteed by secondary sources of repayment, such as guarantors and cosigners, shall not exceed the contribution limits of 11 CFR part 110 or contravene the prohibitions of 11 CFR 110.4, 110.20, part 114 and part 115; or (2) The lending institution making the loan has obtained a written agreement whereby the candidate or political committee receiving the loan has pledged future receipts, such as public financing payments under 11 CFR part 9001 through part 9012, or part 9031 through part 9039, contributions, or interest income, provided that: (i) The amount of the loan or loans obtained on the basis of such funds does not exceed the amount of pledged funds; (ii) Loan amounts are based on a reasonable expectation of the receipt of pledged funds. To that end, the candidate or political committee must furnish the lending institution records, i.e. (iii) A separate depository account is established at the lending institution or the lender obtains an assignment from the candidate or political committee to access funds in a committee account at another depository institution that meets the requirements of 11 CFR 103.2, and the committee has notified the other institution of this assignment; (iv) The loan agreement requires the deposit of the public financing payments, contributions and interest income pledged as collateral into the separate depository account for the purpose of retiring the debt according to the repayment requirements of the loan agreement; and (v) In the case of public financing payments, the borrower authorizes the Secretary of the Treasury to directly deposit the payments into the depository account for the purpose of retiring the debt. (3) If the requirements set forth in this paragraph are not met, the Commission will consider the totality of the circumstances on a case-by-case basis in determining whether a loan was made on a basis that assures repayment. (f) This section shall not apply to loans described in 11 CFR 100.83. [67 FR 50585, Aug. 5, 2002, as amended at 67 FR 78680, Dec. 26, 2002; 79 FR 16663, Mar. 26, 2014; 89 FR 215, Jan. 2, 2024] § 100.83 Brokerage loans and lines of credit to candidates. (a) General provisions. (1) Such loan is made in accordance with applicable law and under commercially reasonable terms; and (2) The person making such loan makes loans derived from an advance on a candidate's brokerage account, credit card, home equity line of credit, or other line of credit in the normal course of the person's business. (b) Endorsers and guarantors. (1) For a secured loan, the value of the candidate's share of the property used as collateral equals or exceeds the amount of the loan that is used for the candidate's campaign; or (2) For an unsecured loan, the amount of the loan used for in connection with the candidate's campaign does not exceed one-half of the available credit extended by the unsecured loan. (c) Routine living expenses. (2) Any repayment, in part or in whole, of the loan, advance, or line of credit described in paragraph (c)(1) of this section by the candidate's authorized committee constitutes the personal use of campaign funds and is prohibited by 11 CFR 113.2. (3) Any repayment or forgiveness, in part or in whole, of the loan, advance, or line of credit described in paragraph (c)(1) of this section by a third party (other than a third party whose payments are permissible under 11 CFR 113.1(g)(6)) or the lending institution is a contribution, subject to the limitations and prohibitions of 11 CFR parts 110 and 114, and shall be reported under 11 CFR part 104. (4) Notwithstanding paragraph (c)(1) of this section, the portion of any loan or advance from a candidate's brokerage account, credit card account, home equity line of credit, or other line of credit that is used for the purpose of influencing the candidate's election for Federal office shall be reported under 11 CFR part 104. (d) Repayment. (e) Reporting. § 100.84 Office building for State, local, or district party committees or organizations. A donation made to a non-Federal account of a State, local, or district party committee or organization in accordance with 11 CFR 300.35 for the purchase or construction of an office building is not a contribution. A donation includes a gift, subscription, loan, advance, or deposit of money or anything of value. § 100.85 Legal or accounting services to political party committees. Legal or accounting services rendered to or on behalf of any political committee of a political party are not contributions if the person paying for such services is the regular employer of the individual rendering the services and such services are not attributable to activities that directly further the election of any designated candidate for Federal office. For purposes of this section, a partnership shall be deemed to be the regular employer of a partner. Amounts paid by the regular employer for such services shall be reported by the committee receiving such services in accordance with 11 CFR 104.3(h). § 100.86 Legal or accounting services to other political committees. Legal or accounting services rendered to or on behalf of an authorized committee of a candidate or any other political committee are not contributions if the person paying for such services is the regular employer of the individual rendering the services and if such services are solely to ensure compliance with the Act or 26 U.S.C. 9001 et seq. et seq. § 100.87 Volunteer activity for party committees. The payment by a state or local committee of a political party of the costs of campaign materials (such as pins, bumper stickers, handbills, brochures, posters, party tabloids or newsletters, and yard signs) used by such committee in connection with volunteer activities on behalf of any nominee(s) of such party is not a contribution, provided that the following conditions are met: (a) Exemption not applicable to general public communication or political advertising. direct mail (b) Allocation. But see (c) Contributions designated for particular Federal candidates. (d) Distribution of materials by volunteers. (e) Reporting. (f) State candidates and their campaign committees. (g) Exemption not applicable to campaign materials purchased by national party committees. [67 FR 50585, Aug. 5, 2002, as amended at 67 FR 78680, Dec. 26, 2002; 79 FR 77845, Dec. 29, 2014] § 100.88 Volunteer activity for candidates. (a) The payment by a candidate for any public office (including State or local office), or by such candidate's authorized committee, of the costs of that candidate's campaign materials that include information on or any reference to a candidate for Federal office and that are used in connection with volunteer activities (such as pins, bumper stickers, handbills, brochures, posters, and yard signs) is not a contribution to such candidate for Federal office, provided that the payment is not for the use of broadcasting, newspapers, magazines, billboards, direct mail or similar types of general public communication or political advertising. (b) The payment of the portion of the cost of such materials allocable to Federal candidates shall be made from contributions subject to the limitations and prohibitions of the Act. For purposes of this section, the term direct mail But see § 100.89 Voter registration and get-out-the-vote activities for Presidential candidates. The payment by a State or local committee of a political party of the costs of voter registration and get-out-the-vote activities conducted by such committee on behalf of the Presidential and Vice Presidential nominee(s) of that party, is not a contribution to such candidate(s) provided that the following conditions are met: (a) Exemption not applicable to general public communication or political advertising. direct mail (b) Allocation. But see (c) Contributions designated for particular Federal candidates. (d) References to House or Senate candidates. (e) Phone banks. (f) Reporting of payments for voter registration and get-out-the-vote activities. (g) Exemption not applicable to donations by a national committee of a political party to a State or local party committee for voter registration and get-out-the-vote activities. [67 FR 50585, Aug. 5, 2002, as amended at 67 FR 78680, Dec. 26, 2002; 69 FR 68238, Nov. 24, 2004; 75 FR 31, Jan. 4, 2010; 79 FR 77845, Dec. 29, 2014] § 100.90 Ballot access fees. Payments made to any party committee by a candidate or the authorized committee of a candidate as a condition of ballot access are not contributions. § 100.91 Recounts. A gift, subscription, loan, advance, or deposit of money or anything of value made with respect to a recount of the results of a Federal election, or an election contest concerning a Federal election, is not a contribution except that the prohibitions of 11 CFR 110.20 and part 114 apply. [67 FR 50585, Aug. 5, 2002, as amended at 67 FR 78680, Dec. 26, 2002] § 100.92 Candidate debates. Funds provided to defray costs incurred in staging candidate debates in accordance with the provisions of 11 CFR 110.13 and 114.4(f) are not contributions. § 100.93 Travel by aircraft or other means of transportation. (a) Scope and definitions. (2) Campaign travelers who use commercial travel, such as a commercial airline flight, charter flight, taxi, or an automobile provided by a rental company, are governed by 11 CFR 100.52(a) and (d), not this section. (3) For the purposes of this section: (i) Campaign traveler (A) Any candidate traveling in connection with an election for Federal office or any individual traveling in connection with an election for Federal office on behalf of a candidate or political committee; or (B) Any member of the news media traveling with a candidate. (ii) Service provider (iii) Unreimbursed value (iv) Commercial travel (A) An aircraft operated by an air carrier or commercial operator certificated by the Federal Aviation Administration, provided that the flight is required to be conducted under Federal Aviation Administration air carrier safety rules, or, in the case of travel which is abroad, by an air carrier or commercial operator certificated by an appropriate foreign civil aviation authority, provided that the flight is required to be conducted under air carrier safety rules; or (B) Other means of transportation operated for commercial passenger service. (v) Non-commercial travel (vi) Comparable aircraft (b) General rule. (i) Every candidate's authorized committee or other political committee on behalf of which the travel is conducted pays the service provider, within the required time, for the full value of the transportation, as determined in accordance with paragraphs (c), (d), (e) or (g) of this section, provided to all campaign travelers who are traveling on behalf of that candidate or political committee; or (ii) Every campaign traveler for whom payment is not made under paragraph (b)(1)(i) of this section pays the service provider for the full value of the transportation provided to that campaign traveler as determined in accordance with paragraphs (c), (d), (e) or (g) of this section. See (2) Except as provided in 11 CFR 100.79, the unreimbursed value of transportation provided to any campaign traveler, as determined in accordance with paragraphs (c), (d) or (e) of this section, is an in-kind contribution from the service provider to the candidate or political committee on whose behalf, or with whom, the campaign traveler traveled. Contributions are subject to the reporting requirements, limitations and prohibitions of the Act. (3) When a candidate is accompanied by a member of the news media, or by security personnel provided by any Federal or State government, the news media or government security provider may reimburse the political committee paying for the pro-rata share of the travel by the member of the media or security personnel, or may pay the service provider directly for that pro-rata share, up to the applicable amount set forth in paragraphs (c)(1), (c)(3), (d), (e), or (g) of this section. A payment made directly to the service provider may be subtracted from the amount for which the political committee is otherwise responsible without any contribution resulting. No contribution results from reimbursement by the media or a government security provider to a political committee in accordance with this paragraph. (c) Travel on aircraft. (1) Travel by or on behalf of Senate, presidential, or vice-presidential candidates. (2) Travel by or on behalf of House candidates and their leadership PACs. (3) Other campaign travelers. (i) In the case of travel between cities served by regularly scheduled first-class commercial airline service, the lowest unrestricted and non-discounted first-class airfare; (ii) In the case of travel between a city served by regularly scheduled coach commercial airline service, but not regularly scheduled first-class commercial airline service, and a city served by regularly scheduled coach commercial airline service (with or without first-class commercial airline service), the lowest unrestricted and non-discounted coach airfare; or (iii) In the case of travel to or from a city not served by regularly scheduled commercial airline service, the normal and usual charter fare or rental charge for a comparable commercial aircraft of sufficient size to accommodate all campaign travelers, and security personnel, if applicable. (d) Other means of transportation. (e) Government conveyances Travel by or on behalf of candidates, their authorized committees, or House candidate Leadership PACs. either: (i) The pro rata share per campaign traveler of the normal and usual charter fare or rental charge for the flight on a comparable aircraft of sufficient size to accommodate all campaign travelers. The pro rata share shall be calculated by dividing the normal and usual charter fare or rental charge by the number of campaign travelers on the flight that are traveling on behalf of candidates, authorized committees, or House candidate leadership PACs, including members of the news media, and security personnel, if applicable. No portion of the normal and usual charter fare or rental charge may be attributed to any other campaign travelers or any other passengers, except as permitted under paragraph (b)(3) of this section. For purposes of this paragraph, the comparable aircraft need not accommodate any government-required personnel and equipment; or (ii) The private traveler reimbursement rate, as specified by the governmental entity providing the aircraft, per campaign traveler. (2) Other campaign travelers. (i) For travel to or from a military airbase or other location not accessible to the general public, the lowest unrestricted and non-discounted first-class airfare to or from the city with regularly scheduled first-class commercial airline service that is geographically closest to the military airbase or other location actually used; or (ii) For all other travel, in accordance with paragraph (c)(3) of this section. (3) If a campaign traveler uses a conveyance, other than an aircraft, that is provided by the Federal government, or by a State or local government, the campaign traveler, or the political committee on whose behalf the travel is conducted, must pay the government entity in accordance with paragraph (d) of this section. (f) Date and public availability of payment rate. (g) Aircraft owned or leased by a candidate or a candidate's immediate family member. (i) In the case of travel on an aircraft that is owned or leased under a shared-ownership or other time-share arrangement, where the travel does not exceed the candidate's or immediate family member's proportional share of the ownership interest in the aircraft, the hourly, mileage, or other applicable rate charged the candidate, immediate family member, or other service provider for the costs of the travel; or (ii) In the case of travel on an aircraft that is owned or leased under a shared-ownership or other time-share arrangement, where the travel exceeds the candidate's or immediate family member's proportional share of the ownership interest in the aircraft, the rate specified in paragraph (c) of this section (House candidates are prohibited from engaging in such travel); or (iii) In the case of travel on an aircraft that is not owned or leased under a shared-ownership or other time-share arrangement, the pro rata (2) A candidate, or an immediate family member of the candidate, will be considered to own or lease an aircraft under paragraph (g)(1) of this section if the candidate or the immediate family member of the candidate has an ownership interest in an entity that owns the aircraft, provided that the entity is not a corporation with publicly traded shares. (3) A proportional share of the ownership interest in an aircraft means the amount of use to which the candidate or immediate family member is entitled under an ownership or lease agreement. Prior to each flight, the candidate's committee must obtain a certification from the service provider that the candidate's planned use of the aircraft will not exceed the candidate's or immediate family member's proportional share of use under the ownership or lease agreement. See (4) For the purposes of this section, an “immediate family member” of a candidate is the father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law of the candidate. (h) Preemption. (i) Reporting. (2) When reporting a disbursement for travel services in accordance with this section, a political committee on whose behalf the travel is conducted must report the actual dates of travel for which the disbursement is made in the “purpose of disbursement” field. (j) Recordkeeping. (i) The service provider and the size, model, make and tail number (or other unique identifier for military aircraft) of the aircraft used; (ii) An itinerary showing the departure and arrival cities and the date(s) of departure and arrival, a list of all passengers on such trip, along with a designation of which passengers are and which are not campaign travelers or security personnel; and (iii)(A) The rate for the comparable charter aircraft available in accordance with paragraphs (c), (e) and (f) of this section, including the airline, charter or air taxi operator, and travel service, if any, offering that fare to the public, and the dates on which the rates are based; or (B) The private traveler reimbursement rate available in accordance with paragraph (e)(1)(ii) of this section, and the dates on which the rate is based. (iv) Where the travel is aboard an aircraft owned in part by the candidate or an immediate family member of the candidate, the ownership or lease agreement specifying the amount of use of the aircraft corresponding to the candidate's or an immediate family member's ownership interest in the aircraft, as required by paragraph (g)(1)(i) and (ii) and (g)(3) of this section, and the certification required by paragraph (g)(3) of this section. (2) For travel on non-commercial aircraft conducted under paragraph (c)(3)(i), (c)(3)(ii), or (e)(2)(i) of this section, the political committee on whose behalf the travel is conducted shall maintain a record of: (i) The service provider and the size, model, make and tail number (or other unique identifier for military aircraft) of the aircraft used; (ii) An itinerary showing the departure and arrival cities and the date(s) of departure and arrival, a list of all passengers on such trip, along with a designation of which passengers are and which are not campaign travelers; and (iii) The lowest unrestricted non-discounted airfare available in accordance with paragraphs (c)(3), (e)(2)(i), and (f) of this section, including the airline offering that fare, flight number, travel service, if any, providing that fare, and the dates on which the rates are based. (3) For travel by other conveyances, the political committee on whose behalf the travel is conducted shall maintain a record of: (i) The service provider and the size, model and make of the conveyance used; (ii) An itinerary showing the departure and destination locations and the date(s) of departure and arrival, a list of all passengers on such trip, along with a designation of which passengers are and which are not campaign travelers or security personnel; and (iii) The commercial fare or rental charge available in accordance with paragraphs (d) and (f) of this section for a comparable commercial conveyance of sufficient size to accommodate all campaign travelers including members of the news media traveling with a candidate, and security personnel, if applicable. [74 FR 63964, Dec. 7, 2009, as amended at 89 FR 215, Jan. 2, 2024] § 100.94 Uncompensated Internet activity by individuals that is not a contribution. (a) When an individual or a group of individuals, acting independently or in coordination with any candidate, authorized committee, or political party committee, engages in Internet activities for the purpose of influencing a Federal election, neither of the following is a contribution by that individual or group of individuals: (1) The individual's uncompensated personal services related to such Internet activities; (2) The individual's use of equipment or services for uncompensated Internet activities, regardless of who owns the equipment and services. (b) Internet activities. (c) Equipment and services. (d) Paragraph (a) of this section also applies to any corporation that is wholly owned by one or more individuals, that engages primarily in Internet activities, and that does not derive a substantial portion of its revenues from sources other than income from its Internet activities. (e) This section does not exempt from the definition of contribution: (1) Any payment for a public communication (as defined in 11 CFR 100.26) other than a nominal fee; (2) Any payment for the purchase or rental of an e-mail address list made at the direction of a political committee; or (3) Any payment for an e-mail address list that is transferred to a political committee. [71 FR 18613, Apr. 12, 2006, as amended at 81 FR 94240, Dec. 23, 2016; 89 FR 215, Jan. 2, 2024] Subpart D—Definition of Expenditure (52 U.S.C. 30101(9)) Source: 67 FR 50585, Aug. 5, 2002, unless otherwise noted. § 100.110 Scope. (a) The term expenditure (b) For the purpose of this subpart, a payment made by an individual shall not be attributed to any other individual, unless otherwise specified by that other individual. To the extent that a payment made by an individual qualifies as a contribution, the provisions of 11 CFR 110.1(k) shall apply. § 100.111 Gift, subscription, loan, advance or deposit of money. (a) A purchase, payment, distribution, loan (except for a loan made in accordance with 11 CFR 100.113 and 100.114), advance, deposit, or gift of money or anything of value, made by any person for the purpose of influencing any election for Federal office is an expenditure. (b) For purposes of this section, the term payment (c) For purposes of this section, the term payment (d) For purposes of this section, the term money (e)(1) For purposes of this section, the term anything of value (2) For the purposes of paragraph (e)(1) of this section, usual and normal charge for goods § 100.112 Contracts, promises, and agreements to make expenditures. A written contract, including a media contract, promise, or agreement to make an expenditure is an expenditure as of the date such contract, promise or obligation is made. § 100.113 Independent expenditures. An independent expenditure that meets the requirements of 11 CFR 104.4 or part 109 is an expenditure, and such independent expenditure is to be reported by the person making the expenditure in accordance with 11 CFR 104.4 and part 109. § 100.114 Office building or facility for national party committees. A payment, distribution, loan, advance, or deposit of money or anything of value made by, or on behalf of, a national party committee for the purchase or construction of an office building or facility is an expenditure. Subpart E—Exceptions to Expenditures Source: 67 FR 50585, Aug. 5, 2002, unless otherwise noted. § 100.130 Scope. (a) The term expenditure (b) For the purpose of this subpart, a payment made by an individual shall not be attributed to any other individual, unless otherwise specified by that other individual. To the extent that a payment made by an individual qualifies as a contribution, the provisions of 11 CFR 110.1(k) shall apply. § 100.131 Testing the waters. (a) General exemption. See (b) Exemption not applicable to individuals who have decided to become candidates. (1) The individual uses general public political advertising to publicize his or her intention to campaign for Federal office. (2) The individual raises funds in excess of what could reasonably be expected to be used for exploratory activities or undertakes activities designed to amass campaign funds that would be spent after he or she becomes a candidate. (3) The individual makes or authorizes written or oral statements that refer to him or her as a candidate for a particular office. (4) The individual conducts activities in close proximity to the election or over a protracted period of time. (5) The individual has taken action to qualify for the ballot under State law. § 100.132 News story, commentary, or editorial by the media. Any cost incurred in covering or carrying a news story, commentary, or editorial by any broadcasting station (including a cable television operator, programmer or producer), website, newspaper, magazine, or other periodical publication, including any Internet or electronic publication, is not an expenditure unless the facility is owned or controlled by any political party, political committee, or candidate, in which case the cost for a news story: (a) That represents a bona fide (b) That is part of a general pattern of campaign-related news account that give reasonably equal coverage to all opposing candidates in the circulation or listening area, is not an expenditure. [67 FR 50585, Aug. 5, 2002, as amended at 71 FR 18613, Apr. 12, 2006; 89 FR 215, Jan. 2, 2024] § 100.133 Voter registration and get-out-the-vote activities. Any cost incurred for activity designed to encourage individuals to register to vote or to vote is not an expenditure if no effort is or has been made to determine the party or candidate preference of individuals before encouraging them to register to vote or to vote, except that corporations and labor organizations shall engage in such activity in accordance with 11 CFR 114.4 (c) and (d). See also § 100.134 Internal communications by corporations, labor organizations, and membership organizations. (a) General provision. (b) Definition of labor organization. labor organization (c) Definition of stockholder. stockholder (d) Definition of executive or administrative personnel. (1) This definition includes— (i) Individuals who run the corporation's business, such as officers, other executives, and plant, division, and section managers; and (ii) Individuals following the recognized professions, such as lawyers and engineers. (2) This definition does not include— (i) Professionals who are represented by a labor organization; (ii) Salaried foremen and other salaried lower level supervisors having direct supervision over hourly employees; (iii) Former or retired personnel who are not stockholders; or (iv) Individuals who may be paid by the corporation, such as consultants, but who are not employees, within the meaning of 26 CFR 31.3401(c)-(1), of the corporation for the purpose of the collection of, and liability for, employee tax under 26 CFR 31.3402(a)-(1). (3) Individuals on commission may be considered executive or administrative personnel if they have policymaking, managerial, professional, or supervisory responsibility and if the individuals are employees, within the meaning of 26 CFR 31.3401(c)-(1), of the corporation for the purpose of the collection of, and liability for, employee tax under 26 CFR 31.3402(a)-(1). (4) The Fair Labor Standards Act, 29 U.S.C. 201, et seq. (e) Definition of membership organization. (1) Is composed of members, some or all of whom are vested with the power and authority to operate or administer the organization, pursuant to the organization's articles, bylaws, constitution or other formal organizational documents; (2) Expressly states the qualifications and requirements for membership in its articles, bylaws, constitution or other formal organizational documents; (3) Makes its articles, bylaws, constitution or other formal organizational documents available to its members; (4) Expressly solicits persons to become members; (5) Expressly acknowledges the acceptance of membership, such as by sending a membership card or including the member's name on a membership newsletter list; and (6) Is not organized primarily for the purpose of influencing the nomination for election, or election, of any individual for Federal office. (f) Definition of members. members (1) Have some significant financial attachment to the membership organization, such as a significant investment or ownership stake; or (2) Pay membership dues at least annually, of a specific amount predetermined by the organization; or (3) Have a significant organizational attachment to the membership organization that includes: affirmation of membership on at least an annual basis and direct participatory rights in the governance of the organization. For example, such rights could include the right to vote directly or indirectly for at least one individual on the membership organization's highest governing board; the right to vote on policy questions where the highest governing body of the membership organization is obligated to abide by the results; the right to approve the organization's annual budget; or the right to participate directly in similar aspects of the organization's governance. (g) Additional considerations in determining membership. (h) Members of local unions. (i) National federation structures. (j) Non-applicability of state law in determining status of membership organizations. (k) Definition of election. election (l) Definition of corporation. corporation (m) Reporting. [67 FR 50585, Aug. 5, 2002, as amended at 79 FR 16663, Mar. 26, 2014] § 100.135 Use of a volunteer's real or personal property. No expenditure results where an individual, in the course of volunteering personal services on his or her residential premises to any candidate or political committee of a political party, provides the use of his or her real or personal property to such candidate for candidate-related activity or to such political committee of a political party for party-related activity. For the purposes of this section, an individual's residential premises shall include a recreation room in a residential complex where the individual volunteering services resides, provided that the room is available for use without regard to political affiliation. A nominal fee paid by such individual for the use of such room is not an expenditure. § 100.136 Use of a church or a community room. No expenditure results where an individual, in the course of volunteering personal services to any candidate or political committee of a political party, obtains the use of a church or community room and provides such room to any candidate for candidate-related activity or to any political committee of a political party for party-related activity, provided that the room is used on a regular basis by members of the community for noncommercial purposes and the room is available for use by members of the community without regard to political affiliation. A nominal fee paid by such individual for the use of such room is not an expenditure. § 100.137 Invitations, food, and beverages. The cost of invitations, food, and beverages is not an expenditure where such items are voluntarily provided by an individual in rendering voluntary personal services on the individual's residential premises or in a church or community room as specified at 11 CFR 100.135 and 100.136 to a candidate for candidate-related activity or to a political committee of a political party for party-related activity, to the extent that: The aggregate value of such invitations, food and beverages provided by the individual on behalf of the candidate does not exceed $1,000 with respect to any single election; and on behalf of all political committees of each political party does not exceed $2,000 in any calendar year. [67 FR 50585, Aug. 5, 2002, as amended at 79 FR 77845, Dec. 29, 2014] § 100.138 Sale of food and beverages by vendor. The sale of any food or beverage by a vendor (whether incorporated or not) for use in a candidate's campaign, or for use by a political committee of a political party, at a charge less than the normal or comparable commercial charge, is not an expenditure, provided that the charge is at least equal to the cost of such food or beverage to the vendor, to the extent that: The aggregate value of such discount given by the vendor on behalf of any single candidate does not exceed $1,000 with respect to any single election; and on behalf of all political committees of each political party does not exceed $2,000 in a calendar year. § 100.139 Unreimbursed payment for transportation and subsistence expenses. (a) Transportation expenses. (1) The aggregate value of the payments made by such individual on behalf of a candidate does not exceed $1,000 with respect to a single election; and (2) On behalf of all political committees of each political party does not exceed $2,000 in a calendar year. (b) Subsistence expenses. § 100.140 Slate cards and sample ballots. The payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card, sample ballot, palm card, or other printed listing(s) of three or more candidates for any public office for which an election is held in the State in which the committee is organized is not an expenditure. The payment of the portion of such costs allocable to Federal candidates must be made from funds subject to the limitations and prohibitions of the Act. If made by a political party committee, such payments shall be reported by that committee as disbursements, but need not be allocated in committee reports to specific candidates. This exemption shall not apply to costs incurred by such a committee with respect to the preparation and display of listings made on broadcasting stations, or in newspapers, magazines, and similar types of general public political advertising such as billboards. But see § 100.141 Payment by corporations and labor organizations. Any payment made or obligation incurred by a corporation or labor organization is not an expenditure if under the provisions of 11 CFR part 114 such payment or obligation would not constitute an expenditure by the corporation or labor organization. § 100.142 Bank loans. (a) General provisions. (1) Bears the usual and customary interest rate of the lending institution for the category of loan involved; (2) Is made on a basis that assures repayment; (3) Is evidenced by a written instrument; and (4) Is subject to a due date or amortization schedule. (b) Reporting. (c) Endorsers and guarantors. (d) Overdrafts. (1) The overdraft is made on an account that is subject to automatic overdraft protection; and (2) The overdraft is subject to a definite interest rate and a definite repayment schedule. (e) Made on a basis that assures repayment. (1)(i) The lending institution making the loan has perfected a security interest in collateral owned by the candidate or political committee receiving the loan; the fair market value of the collateral is equal to or greater than the loan amount and any senior liens as determined on the date of the loan; and the candidate or political committee provides records to show that the lending institution has a perfected security interest in the collateral. Sources of collateral include, but are not limited to, ownership in real estate, personal property, goods, negotiable instruments, certificates of deposit, chattel papers, stocks, accounts receivable and cash on deposit. (ii) Amounts guaranteed by secondary sources of repayment, such as guarantors and cosigners, shall not exceed the contribution limits of 11 CFR part 110 or contravene the prohibitions of 11 CFR 110.4, 110.20, part 114 and part 115; or (2) The lending institution making the loan has obtained a written agreement whereby the candidate or political committee receiving the loan has pledged future receipts, such as public financing payments under 11 CFR part 9001 through part 9012 or part 9031 through 9039, contributions, or interest income, provided that: (i) The amount of the loan(s) obtained the basis of such funds does not exceed the amount of pledged funds; (ii) Loan amounts are based on a reasonable expectation of the receipt of pledged funds. To that end, the candidate or political committee must furnish the lending institution records, i.e. (iii) A separate depository account is established at the lending institution or the lender obtains an assignment from the candidate or political committee to access funds in a committee account at another depository institution that meets the requirements of 11 CFR 103.2, and the committee has notified the other institution of this assignment; (iv) The loan agreement requires the deposit of the public financing payments, contributions, interest or other income pledged as collateral into the separate depository account for the purpose of retiring the debt according to the repayment requirements of the loan; and (v) In the case of public financing payments, the borrower authorizes the Secretary of the Treasury to directly deposit the payments into the depository account for the purpose of retiring the debt. (3) If the requirements set forth in paragraph (e) of this section are not met, the Commission will consider the totality of circumstances on a case-by-case basis in determining whether a loan was made on a basis that assures repayment. (f) This section shall not apply to loans described in 11 CFR 100.83 and 100.143. [67 FR 50585, Aug. 5, 2002, as amended at 67 FR 78680, Dec. 26, 2002; 89 FR 215, Jan. 2, 2024] § 100.143 Brokerage loans and lines of credit to candidates. Repayment of a loan of money derived from an advance on a candidate's brokerage account, credit card, home equity line of credit, or other line of credit available to the candidate, as described in 11 CFR 100.83, is not an expenditure. § 100.144 Office building for State, local, or district party committees or organizations. A payment, distribution, loan, advance, or deposit of money or anything of value, made by, or on behalf of, a State, local, or district party committee or organization for the purchase or construction of an office building in accordance with 11 CFR 300.35 is not an expenditure. § 100.145 Legal or accounting services to political party committees. Legal or accounting services rendered to or on behalf of any political committee of a political party are not expenditures if the person paying for such services is the regular employer of the individual rendering the services and such services are not attributable to activities that directly further the election of any designated candidate for Federal office. For purposes of this section, a partnership shall be deemed to be the regular employer of a partner. Amounts paid by the regular employer for such services shall be reported by the committee receiving such services in accordance with 11 CFR 104.3(h). § 100.146 Legal or accounting services to other political committees. Legal or accounting services rendered to or on behalf of an authorized committee of a candidate or any other political committee are not expenditures if the person paying for such services is the regular employer of the individual rendering such services and if the services are solely to ensure compliance with the Act or 26 U.S.C. 9001 et seq. et seq. § 100.147 Volunteer activity for party committees. The payment by a state or local committee of a political party of the costs of campaign materials (such as pins, bumper stickers, handbills, brochures, posters, party tabloids or newsletters, and yard signs) used by such committee in connection with volunteer activities on behalf of any nominee(s) of such party is not an expenditure, provided that the following conditions are met: (a) Exemption does not apply to general public communications or political advertising. direct mail (b) Allocation. But see (c) Contributions designated for Federal candidates. (d) Distribution of materials by volunteers. (e) Reporting. (f) State candidates and their campaign committees. (g) Exemption not applicable to campaign materials purchased by national party committees. [67 FR 50585, Aug. 5, 2002, as amended at 67 FR 78680, Dec. 26, 2002; 79 FR 77845, Dec. 29, 2014] § 100.148 Volunteer activity for candidate. The payment by a candidate for any public office (including State or local office), or by such candidate's authorized committee, of the costs of that candidate's campaign materials that include information on or any reference to a candidate for Federal office and that are used in connection with volunteer activities (such as pins, bumper stickers, handbills, brochures, posters, and yard signs) is not an expenditure on behalf of such candidate for Federal office, provided that the payment is not for the use of broadcasting, newspapers, magazines, billboards, direct mail or similar types of general public communication or political advertising. The payment of the portion of the cost of such materials allocable to Federal candidates shall be made from contributions subject to the limitations and prohibitions of the Act. For purposes of this section, the term direct mail means mailings by commercial vendors or mailings made from lists that were not developed by the candidate. But see § 100.149 Voter registration and get-out-the-vote activities for Presidential candidates. The payment by a State or local committee of a political party of the costs of voter registration and get-out-the-vote activities conducted by such committee on behalf of the Presidential and Vice Presidential nominee(s) of that party is not an expenditure for the purpose of influencing the election of such candidates provided that the following conditions are met: (a) Exemption not applicable to general public communication or political advertising. (b) Allocation. But see (c) Contributions designated for Federal candidates. (d) References to House or Senate candidates. (e) Phone banks. (f) Reporting of payments for voter registration and get-out-the-vote activities. (g) Exemption not applicable to donations by a national committee of a political party to a State or local party committee for voter registration and get-out-the-vote activities. [67 FR 50585, Aug. 5, 2002, as amended at 67 FR 78680, Dec. 26, 2002; 69 FR 68238, Nov. 24, 2004; 79 FR 77845, Dec. 29, 2014] § 100.150 Ballot access fees. Amounts transferred by a party committee to another party committee or payments made to the appropriate State official of fees collected from candidates or their authorized committees as a condition of ballot access are not expenditures. § 100.151 Recounts. A purchase, payment, distribution, loan, advance, or deposit of money or anything of value made with respect to a recount of the results of a Federal election, or an election contest concerning a Federal election, is not an expenditure except that the prohibitions of 11 CFR 110.20 and part 114 apply. [67 FR 50585, Aug. 5, 2002, as amended at 67 FR 78680, Dec. 26, 2002] § 100.152 Fundraising costs for Presidential candidates. (a) Costs incurred in connection with the solicitation of contributions. (b) Definition of in connection with the solicitation of contributions. in connection with the solicitation of contributions (c) Limitation on costs that may be exempted. (1) All amounts excluded from the state expenditure limitations for exempt fundraising activities under 11 CFR 110.8(c)(2), plus (2) An amount of costs that would otherwise be chargeable to the overall expenditure limitation but that are not chargeable to any state expenditure limitation, such as salary and travel expenses. See 11 CFR 106.2. § 100.153 Routine living expenses. Payments by a candidate from his or her personal funds, as defined at 11 CFR 100.33, for the candidate's routine living expenses that would have been incurred without candidacy, including the cost of food and residence, are not expenditures. Payments for such expenses by a member of the candidate's family as defined in 11 CFR 113.1(g)(7), are not expenditures if the payments are made from an account jointly held with the candidate, or if the expenses were paid by the family member before the candidate became a candidate. [67 FR 50585, Aug. 5, 2002, as amended at 73 FR 79601, Dec. 30, 2008] § 100.154 Candidate debates. Funds used to defray costs incurred in staging candidate debates in accordance with the provisions of 11 CFR 110.13 and 114.4(f) are not expenditures. § 100.155 Uncompensated Internet activity by individuals that is not an expenditure. (a) When an individual or a group of individuals, acting independently or in coordination with any candidate, authorized committee, or political party committee, engages in Internet activities for the purpose of influencing a Federal election, neither of the following is an expenditure by that individual or group of individuals: (1) The individual's uncompensated personal services related to such Internet activities; (2) The individual's use of equipment or services for uncompensated Internet activities, regardless of who owns the equipment and services. (b) Internet activities. (c) Equipment and services. (d) Paragraph (a) of this section also applies to any corporation that is wholly owned by one or more individuals, that engages primarily in Internet activities, and that does not derive a substantial portion of its revenues from sources other than income from its Internet activities. (e) This section does not exempt from the definition of expenditure: (1) Any payment for a public communication (as defined in 11 CFR 100.26) other than a nominal fee; (2) Any payment for the purchase or rental of an e-mail address list made at the direction of a political committee; or (3) Any payment for an e-mail address list that is transferred to a political committee. [71 FR 18613, Apr. 12, 2006, as amended at 81 FR 94240, Dec. 23, 2016]

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