PART 300—NON-FEDERAL FUNDS Authority: 52 U.S.C. 30104(e), 30111(a)(8), 30116(a), 30125, and 30143. Source: 67 FR 49120, July 29, 2002, unless otherwise noted. § 300.1 Scope and effective date, and organization. (a) Introduction. (b) Effective dates. (2) The increase in individual contribution limits to State committees of political parties, as described in 11 CFR 110.1(c)(5), shall apply to contributions made on or after January 1, 2003. (c) Organization of part. (1) Subpart A of this part prescribes rules pertaining to national party committees, including general non-Federal funds prohibitions, fundraising, and donation prohibitions with regard to certain tax-exempt organizations, and reporting. (2) Subpart B of this part pertains to State, district, and local political party committees and organizations. Subpart B of this part focuses on “Levin Amendment” to BCRA; office buildings; and fundraising and donation prohibitions with regard to certain tax-exempt organizations. (3) Subpart C of this part addresses non-Federal funds from the perspective of tax-exempt organizations, setting out rules about prohibited fundraising for certain tax-exempt organizations by national party committees, State, district, and local party committees, and Federal candidates and officeholders. (4) Subpart D of this part includes regulations pertaining to soliciting non-Federal funds from the perspective of Federal candidates and officeholders in Federal and non-Federal elections; including exceptions for those who are also State candidates and exemptions for those attending, speaking, and appearing as featured guests at fundraising events, or who solicit for certain tax-exempt organizations. (5) Subpart E of this part focuses on State and local candidates, including regulations about using Federal funds for certain public communications, and exceptions for entirely non-Federal communications. (6) For rules pertaining to convention and host committees, see 11 CFR part 9008. [67 FR 49120, July 29, 2002, as amended at 79 FR 77850, Dec. 29, 2014; 81 FR 94240, Dec. 23, 2016] § 300.2 Definitions. (a) 501(c) organization that makes expenditures or disbursements in connection with a Federal election. that makes expenditures or disbursements in connection with a Federal election (1) Make expenditures or disbursements in connection with an election for Federal office including for Federal election activity; or (2) Pay a debt incurred from the making of expenditures or disbursements in connection with an election for Federal office (including for Federal election activity) in a prior election cycle. (b) Agent. (1) In the case of a national committee of a political party: (i) To solicit, direct, or receive any contribution, donation, or transfer of funds; or, (ii) To solicit any funds for, or make or direct any donations to, an organization that is described in 26 U.S.C 501(c) and exempt from taxation under 26 U.S.C. 501(a) (or has submitted an application for determination of tax exempt status under 26 U.S.C. 501(a)), or an organization described in 26 U.S.C. 527 (other than a political committee, a State, district, or local committee of a political party, or the authorized campaign committee of a candidate for State or local office). (2) In the case of a State, district, or local committee of a political party: (i) To expend or disburse any funds for Federal election activity; or (ii) To transfer, or accept a transfer of, funds to make expenditures or disbursements for Federal election activity; or (iii) To engage in joint fundraising activities with any person if any part of the funds raised are used, in whole or in part, to pay for Federal election activity; or (iv) To solicit any funds for, or make or direct any donations to, an organization that is described in 26 U.S.C. 501(c) and exempt from taxation under 26 U.S.C. 501(a) (or has submitted an application for determination of tax exempt status under 26 U.S.C. 501(a)), or an organization described in 26 U.S.C. 527 (other than a political committee, a State, district, or local committee of a political party, or the authorized campaign committee of a candidate for State or local office). (3) In the case of an individual who is a Federal candidate or an individual holding Federal office, to solicit, receive, direct, transfer, or spend funds in connection with any election. (4) In the case of an individual who is a candidate for State or local office, to spend funds for a public communication ( see (c) Directly or indirectly establish, finance, maintain, or control. (2) To determine whether a sponsor directly or indirectly established, finances, maintains, or controls an entity, the factors described in paragraphs (c)(2)(i) through (x) of this section must be examined in the context of the overall relationship between sponsor and the entity to determine whether the presence of any factor or factors is evidence that the sponsor directly or indirectly established, finances, maintains, or controls the entity. Such factors include, but are not limited to: (i) Whether a sponsor, directly or through its agent, owns controlling interest in the voting stock or securities of the entity; (ii) Whether a sponsor, directly or through its agent, has the authority or ability to direct or participate in the governance of the entity through provisions of constitutions, bylaws, contracts, or other rules, or through formal or informal practices or procedures; (iii) Whether a sponsor, directly or through its agent, has the authority or ability to hire, appoint, demote, or otherwise control the officers, or other decision-making employees or members of the entity; (iv) Whether a sponsor has a common or overlapping membership with the entity that indicates a formal or ongoing relationship between the sponsor and the entity; (v) Whether a sponsor has common or overlapping officers or employees with the entity that indicates a formal or ongoing relationship between the sponsor and the entity; (vi) Whether a sponsor has any members, officers, or employees who were members, officers or employees of the entity that indicates a formal or ongoing relationship between the sponsor and the entity, or that indicates the creation of a successor entity; (vii) Whether a sponsor, directly or through its agent, provides funds or goods in a significant amount or on an ongoing basis to the entity, 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, and otherwise lawfully; (viii) Whether a sponsor, directly or through its agent, causes or arranges for funds in a significant amount or on an ongoing basis to be provided to the entity, but not including the transfer to a committee of its allocated share of proceeds jointly raised pursuant to 11 CFR 102.17, and otherwise lawfully; (ix) Whether a sponsor, directly or through its agent, had an active or significant role in the formation of the entity; and (x) Whether the sponsor and the entity have similar patterns of receipts or disbursements that indicate a formal or ongoing relationship between the sponsor and the entity. (3) Safe harbor. (4) Determinations by the Commission. (ii) Notwithstanding the fact that a sponsor may have established an entity within the meaning of paragraph (c)(2) of this section, the sponsor or the entity may request an advisory opinion of the Commission determining that the relationship between the sponsor and the entity has been severed. The request for such an advisory opinion must meet the requirements of 11 CFR part 112, and must demonstrate that all material connections between the sponsor and the entity have been severed for two years. (iii) Nothing in this section shall require entities that are separate organizations on November 6, 2002 to obtain an advisory opinion to operate separately from each other. (d) Disbursement. Disbursement (1) A political committee; or (2) Any other person, including an organization that is not a political committee, that is subject to the Act. (e) Donation. donation (f) Federal account. Federal account (g) Federal Funds. Federal funds (h) Levin account. Levin account (i) Levin funds (j) Non-Federal account (k) Non-Federal funds (l) [Reserved] (m) To solicit. to solicit (1) The following types of communications constitute solicitations: (i) A communication that provides a method of making a contribution or donation, regardless of the communication. This includes, but is not limited to, providing a separate card, envelope, or reply device that contains an address to which funds may be sent and allows contributors or donors to indicate the dollar amount of their contribution or donation to the candidate, political committee, or other organization. (ii) A communication that provides instructions on how or where to send contributions or donations, including providing a phone number specifically dedicated to facilitating the making of contributions or donations. However, a communication does not, in and of itself, satisfy the definition of “to solicit” merely because it includes a mailing address or phone number that is not specifically dedicated to facilitating the making of contributions or donations. (iii) A communication that identifies a website address where the web page displayed is specifically dedicated to facilitating the making of a contribution or donation, or automatically redirects the Internet user to such a page, or exclusively displays a link to such a page. However, a communication does not, in and of itself, satisfy the definition of “to solicit” merely because it includes the address of a web page that is not specifically dedicated to facilitating the making of a contribution or donation. (2) The following statements constitute solicitations: (i) “Please give $100,000 to Group X.” (ii) “It is important for our State party to receive at least $100,000 from each of you in this election.” (iii) “Group X has always helped me financially in my elections. Keep them in mind this fall.” (iv) “X is an effective State party organization; it needs to obtain as many $100,000 donations as possible.” (v) “Giving $100,000 to Group X would be a very smart idea.” (vi) “Send all contributions to the following address * * *.” (vii) “I am not permitted to ask for contributions, but unsolicited contributions will be accepted at the following address * * *.” (viii) “Group X is having a fundraiser this week; you should go.” (ix) “You have reached the limit of what you may contribute directly to my campaign, but you can further help my campaign by assisting the State party.” (x) A candidate hands a potential donor a list of people who have contributed to a group and the amounts of their contributions. The candidate says, “I see you are not on the list.” (xi) “I will not forget those who contribute at this crucial stage.” (xii) “The candidate will be very pleased if we can count on you for $10,000.” (xiii) “Your contribution to this campaign would mean a great deal to the entire party and to me personally.” (xiv) Candidate says to potential donor: “The money you will help us raise will allow us to communicate our message to the voters through Labor Day.” (xv) “I appreciate all you've done in the past for our party in this State. Looking ahead, we face some tough elections. I'd be very happy if you could maintain the same level of financial support for our State party this year.” (xvi) The head of Group X solicits a contribution from a potential donor in the presence of a candidate. The donor asks the candidate if the contribution to Group X would be a good idea and would help the candidate's campaign. The candidate nods affirmatively. (3) The following statements do not constitute solicitations: (i) During a policy speech, the candidate says: “Thank you for your support of the Democratic Party.” (ii) At a ticket-wide rally, the candidate says: “Thank you for your support of my campaign.” (iii) At a Labor Day rally, the candidate says: “Thank you for your past financial support of the Republican Party.” (iv) At a GOTV rally, the candidate says: “Thank you for your continuing support.” (v) At a ticket-wide rally, the candidate says: “It is critical that we support the entire Democratic ticket in November.” (vi) A Federal officeholder says: “Our Senator has done a great job for us this year. The policies she has vigorously promoted in the Senate have really helped the economy of the State.” (vii) A candidate says: “Thanks to your contributions we have been able to support our President, Senator and Representative during the past election cycle.” (n) To direct. to direct (o) Individual holding Federal office. Individual holding Federal office [67 FR 49120, July 29, 2002, as amended at 67 FR 78682, Dec. 26, 2002; 71 FR 13933, Mar. 20, 2006; 89 FR 219, Jan. 2, 2024] Subpart A—National Party Committees § 300.10 General prohibitions on raising and spending non-Federal funds (52 U.S.C. 30125(a) and (c)). (a) Prohibitions. (1) Solicit, receive, or direct to another person a contribution, donation, or transfer of funds, or any other thing of value that is not subject to the prohibitions, limitations and reporting requirements of the Act; (2) Spend any funds that are not subject to the prohibitions, limitations, and reporting requirements of the Act; or (3) Solicit, receive, direct, or transfer to another person, or spend, Levin funds. (b) Fundraising costs. (c) Application. (1) An officer or agent acting on behalf of a national party committee or a national congressional campaign committee; and (2) An entity that is directly or indirectly established, financed, maintained, or controlled by a national party committee or a national congressional campaign committee. § 300.11 Prohibitions on fundraising for and donating to certain tax-exempt organizations (52 U.S.C. 30125(d)). (a) Prohibitions. (1) An organization that is described in 26 U.S.C. 501(c) and exempt from taxation under section 26 U.S.C. 501(a) and that makes expenditures or disbursements in connection with an election for Federal office, including expenditures or disbursements for Federal election activity; (2) An organization that has submitted an application for tax-exempt status under 26 U.S.C. 501(c) and that makes expenditures or disbursements in connection with an election for Federal office, including expenditures or disbursements for Federal election activity; or (3) An organization described in 26 U.S.C. 527, unless the organization is: (i) A political committee under 11 CFR 100.5; (ii) A State, district, or local committee of a political party; or (iii) The authorized campaign committee of a State or local candidate; (b) Application. (1) An officer or agent acting on behalf of a national party committee, including a national congressional campaign committee; (2) An entity that is directly or indirectly established, financed, maintained, or controlled by a national party committee, including a national congressional campaign committee, or an officer or agent acting on behalf of such an entity; or (3) An entity that is directly or indirectly established, financed, maintained or controlled by an agent of a national committee of a political party, including a national congressional campaign committee. (c) Determining whether a section 501(c) organization makes expenditures or disbursements in connection with Federal elections. (d) Certification. (1) The certification is a signed written statement by an officer or other authorized representative of the organization with knowledge of the organization's activities; (2) The certification states that within the current election cycle, the organization has not made, and does not intend to make, expenditures or disbursements in connection with an election for Federal office (including for Federal election activity); and (3) The certification states that the organization does not intend to pay debts incurred from the making of expenditures or disbursements in connection with an election for Federal office (including for Federal election activity) in a prior election cycle. (e) If a national committee of a political party or any person described in paragraph (b) of this section has actual knowledge that the certification is false, the certification may not be relied upon. (f) It is not prohibited for a national party or its agent to respond to a request for information about a tax-exempt group that shares the party's political or philosophical goals. [67 FR 49120, July 29, 2002, as amended at 70 FR 12789, Mar. 16, 2005] § 300.12 [Reserved] § 300.13 Reporting (52 U.S.C. 30101 note and 30104(e)). The national committee of a political party, any national congressional campaign committee of a political party, and any subordinate committee of either, shall report all receipts and disbursements during the reporting period. [67 FR 49120, July 29, 2002, as amended at 79 FR 77850, Dec. 29, 2014; 81 FR 94240, Dec. 23, 2016] Subpart B—State, District, and Local Party Committees and Organizations § 300.30 Accounts. (a) Scope and introduction. (b) Types of accounts. (1) Non-Federal accounts. (2) Levin account. (3) Federal account. (i) Only contributions that are permissible pursuant to the limitations and prohibitions of the Act may be deposited into any Federal account, regardless of whether such contributions are for use in connection with Federal or non-Federal elections. See (ii) Only contributions solicited and received pursuant to the following conditions may be deposited in a Federal account: (A) Contributions must be designated by the contributors for the Federal account; (B) The solicitation must expressly state that contributions may be used wholly or in part in connection with a Federal election; or (C) The contributor must be informed that all contributions are subject to the limitations and prohibitions of the Act. (iii) All disbursements, contributions, and expenditures made wholly or in part by any State, district, or local party organization or committee in connection with a Federal election must be made from either: (A) A Federal account, except as permitted by 11 CFR 300.32; or (B) A separate allocation account ( see (iv) If all payments in connection with a Federal election, including payments for Federal election activities, are to be made from a Federal account, expenditures and disbursements for costs that are allocable pursuant to 11 CFR 106.7 or 11 CFR 300.33 must be made from the Federal account in their entirety, with the shares of a non-Federal account or of a Levin account being transferred to the Federal account pursuant to 11 CFR 106.7 and 11 CFR 300.33. (v) No transfers may be made to a Federal account from any other account(s) maintained by a State, district, or local party committee or organization from any other party organization or committee at any level for the purpose of financing activity in connection with Federal elections, except as provided by paragraph (b)(3)(iv) of this section or 11 CFR 300.33 and 300.34. (4) Allocation accounts. (i) Only funds from the party organization's or committee's Federal and non-Federal accounts may be deposited into an allocation account used to make allocable expenditures and disbursements for activities in connection with Federal and non-Federal elections. (ii) Only funds from the party organization's or committee's Federal account and Levin funds from its non-Federal or Levin account(s) may be deposited into an allocation account used to make allocable expenditures and disbursements for activities undertaken pursuant to 11 CFR 300.32(b). (iii) Once a party organization or committee has established a separate allocation account for activities in connection with Federal and non-Federal elections and a separate account for activities undertaken pursuant to 11 CFR 300.32(b), all allocable expenses must be paid from the appropriate allocation account for as long as that account is maintained. (iv) The party organization or committee must transfer to the appropriate allocation account funds from its Federal and non-Federal or Levin accounts in amounts proportionate to the Federal, non-Federal and Levin shares of each allocable expense pursuant to 11 CFR 106.7 and 11 CFR 300.33. The transfers must be made pursuant to 11 CFR 300.33 and 300.34. (v) No funds contained in an allocation account may be transferred to any other account maintained by the party committee or organization. (vi) For reporting purposes, all allocation accounts must be treated as Federal accounts. (c) Required account or accounts. (1) One or more Federal accounts in a campaign depository, in accordance with 11 CFR part 103, which must be treated as a separate political committee and be required to comply with the requirements of the Act including the registration and reporting requirements of 11 CFR part 102 and part 104. State, district, and local party organizations or committees may choose to make non-Federal disbursements, subject to State law, and disbursements for Federal election activity from a Federal account provided that such disbursements are reported pursuant to 11 CFR 104.17 and 11 CFR 300.36, and provided that contributors of the Federal funds so used were notified that their contributions were subject to the limitations and prohibitions of the Act. (2) Establish at least three separate accounts in depositories as follows— (i) One or more Federal accounts; (ii) One or more Levin accounts; and (iii) One or more Non-Federal accounts. (3) Establish two separate accounts in depositories as follows: (i) One or more Federal accounts, and; (ii) An account that must function as both a Non-Federal account and a Levin account. If such an account is used, the State, district, and local party must demonstrate through a reasonable accounting method approved by the Commission (including any method embedded in software provided or approved by the Commission) that whenever such organization makes a disbursement for activities undertaken pursuant to 11 CFR 300.32(b), that organization had received sufficient contributions or Levin funds to make such disbursement. (d) Recordkeeping. § 300.31 Receipt of Levin funds. (a) General rule. (b) Compliance with State law. (c) Donations from sources permitted by State law but prohibited by the Act. (d) Donation amount limitation General rule. (2) Effect of different State limitations. (3) No affiliation of committees for purposes of this paragraph. (e) No Levin funds from a national party committee or a Federal candidate or officeholder. (1) A national committee of a political party (including a national congressional campaign committee of a political party), any officer or agent acting on behalf of such a national party committee, or any entity that is directly or indirectly established, financed, maintained, or controlled by such a national party committee. Notwithstanding 11 CFR 102.17, a State, district, or local committee of a political party must not raise Levin funds by means of joint fundraising with a national committee of a political party, any officer or agent acting on behalf of such a national party committee, or any entity that is directly or indirectly established, financed, maintained, or controlled by such a national party committee. Nothing in this section shall be construed to prohibit a State, district, or local committee of a political party from jointly raising, under 11 CFR 102.17, Federal funds not to be used for Federal election activity with a national committee of a political party, or its agent, or any entity directly or indirectly established, financed, maintained, or controlled by such a national party committee. (2) A Federal candidate, or an individual holding Federal office, or an agent of a Federal candidate or officeholder, or an entity directly or indirectly established, financed, maintained, or controlled by, or acting on behalf of, one or more Federal candidates or individuals holding Federal office. Notwithstanding 11 CFR 102.17, a State, district, or local committee of a political party must not raise Levin funds by means of joint fundraising with a Federal candidate, an individual holding Federal office, or an entity directly or indirectly established, financed, maintained, or controlled by, or acting on behalf of, one or more candidates or individuals holding Federal office. A Federal candidate or individual holding Federal office may attend, speak, or be a featured guest at a fundraising event for a State, district, or local committee of a political party at which Levin funds are raised. See (f) Certain joint fundraising prohibited. (g) Safe Harbor. [67 FR 49120, July 29, 2002, as amended at 75 FR 32, Jan. 4, 2010; 79 FR 77850, Dec. 29, 2014] § 300.32 Expenditures and disbursements. (a) Federal funds. (2) Except as provided in this part, a State, district, or local committee of a political party that makes expenditures or disbursements for Federal election activity must use Federal funds for that purposes, subject to the provisions of this chapter. (3) State, district, and local party committees that raise Federal funds through an activity where only Federal funds are raised, must pay the direct costs of such fundraising only with Federal funds. State, district, and local party committees that raise Federal funds and non-Federal funds through a joint fundraising activity under 11 CFR 106.7(d)(4) or a joint fundraiser under 11 CFR 102.17, where the Federal funds are to be used, in whole or in part, for Federal election activities, must either pay the direct costs of such fundraising only with Federal funds or allocate the direct costs in accordance with the funds received method described in 11 CFR 106.7(d)(4). The direct costs of a fundraising program or event include expenses for the solicitation of funds and for the planning and administration of actual fundraising programs and events. (4) State, district, and local party committees that raise Levin funds to be used, in whole or in part, for Federal election activity must pay the direct costs of such fundraising with either Federal or Levin funds. The direct costs of a fundraising program or event include expenses for the solicitation of funds and for the planning and administration of actual fundraising programs and events. (b) Levin funds. (1) Subject to the conditions set out in paragraph (c) of this section, only the following types of Federal election activity: (i) Voter registration activity during the period that begins on the date that is 120 days before the date a regularly scheduled Federal election is held and ends on the date of the election; and (ii) Voter identification, get-out-the-vote activity, or generic campaign activity conducted in connection with an election in which a candidate for Federal office appears on the ballot (regardless of whether a candidate for State or local office also appears on the ballot). (2) Any use that is lawful under the laws of the State in which the committee is organized, other than the Federal election activities defined in 11 CFR 100.24(b)(3) and (4). A disbursement of Levin funds under this paragraph need not comply with paragraphs (c)(1) and (c)(2) of this section, except as required by State law. (c) Conditions and restrictions on spending Levin funds. (2) The disbursement must not pay for any part of the costs of any broadcasting, cable, or satellite communication, other than a communication that refers solely to a clearly identified candidate for State or local office. (3) The disbursement must be made from funds raised in accordance with 11 CFR 300.31. (4) The disbursements for allocable Federal election activity must be paid for either entirely with Federal funds or by allocating between Federal funds and Levin funds according to 11 CFR 300.33. (d) Non-Federal activities. [67 FR 49120, July 29, 2002, as amended at 70 FR 69632, Nov. 17, 2005; 70 FR 75384, Dec. 20, 2005] § 300.33 Allocation of costs of Federal election activity. (a) Costs of Federal election activity allocable by State, district, and local party committees and organizations Costs of voter registration. (2) Costs of voter identification, get-out-the-vote activity, or generic campaign activities within certain time periods. (b) Allocation percentages. (1) Presidential election years. (2) Presidential and Senate election year. (3) Senate election year. (4) Non-Presidential and non-Senate year. (c) Costs of public communications. (d) Costs of salaries, wages, and fringe benefits. (2) Salaries, wages, and fringe benefits paid for employees who spend more than 25% of their compensated time in a given month on Federal election activities or on activities in connection with a Federal election must be paid only from a Federal account. (3) Salaries, wages, and fringe benefits paid for employees who spend none of their compensated time in a given month on Federal election activities or on activities in connection with a Federal election may be paid entirely with funds that comply with State law. See (e) Transfers between accounts to cover allocable expenses. (1) Payments from Federal accounts or from allocation accounts. (ii) State, district, and local party committees and organizations may establish separate allocation accounts into which Federal funds and Levin funds may be deposited solely for the purpose of paying allocable expenses. (2) Timing. (ii) Any portion of a transfer of Levin funds to a party committee or organization's Federal or allocation account that does not meet the requirement of paragraph (e)(2)(i) of this section shall be presumed to be a loan or contribution from the Levin or non-Federal account to the Federal or allocation account, in violation of the Act. [67 FR 49120, July 29, 2002, as amended at 70 FR 75385, Dec. 20, 2005] § 300.34 Transfers. (a) Federal funds. (2) A State, district, or local committee of a political party that makes an expenditure or disbursement of Federal funds for Federal election activities must demonstrate through a reasonable accounting method approved by the Commission (including any method embedded in software provided or approved by the Commission) that the Federal funds used to make the expenditure or disbursement do not include Federal funds transferred to the committee in violation of this section. Alternatively, a State, district, or local committee of a political party may establish a separate Federal account into which the committee deposits only Federal funds raised by the committee itself, and from which all expenditures or disbursement of Federal funds for Federal election activities are made. (b) Levin funds. (1) Any other State, district, or local committee of any political party, any officer or agent acting on behalf of such a committee, or any entity directly or indirectly established, financed, maintained or controlled by such a committee; or, (2) The national committee of any political party (including a national congressional campaign committee of a political party), any officer or agent acting on behalf of such a committee, or any entity directly or indirectly established, financed, maintained, or controlled by such a committee. (c) Allocation transfers. § 300.35 Office buildings. (a) General provision. See local party committee district party committee. (b) Application of State law. (1) Non-Federal account. (2) Levin funds. (c) Leasing a portion of the party office building. (d) Transitional Provisions for State Party Building or Facility Account. [67 FR 49120, July 29, 2002, as amended at 79 FR 77850, Dec. 29, 2014] § 300.36 Reporting Federal election activity; recordkeeping. (a) Requirements for a State, district, or local committee of a political party, or an association or similar group of candidates for State or local office or of individuals holding State or local office, that is not a political committee. see see (2) Notwithstanding the foregoing, a payment of Federal funds or Levin funds for Federal election activity shall not constitute an expenditure for purposes of determining whether a State, district, or local committee of a political party, or an association or similar group of candidates for State or local office or of individuals holding State or local office, qualifies as a political committee under 11 CFR 100.5, unless the payment otherwise qualifies as an expenditure under 52 U.S.C. 30101(9). A payment of Federal funds for Federal election activity that refers to a clearly identified Federal candidate and that meets the criteria of 11 CFR 100.140, 100.147, or 100.149 ( exempt activities (b) Requirements for a State, district, or local committee of a political party, or an association or similar group of candidates for State or local office or of individuals holding State or local office, that is a political committee Requirements for a State, district, or local committee of a political party that has less than $5,000 of aggregate receipts and disbursements for Federal election activity in a calendar year, and for an association or similar group of candidates for State or local office or of individuals holding State or local office at all times. see see (2) Requirements for a State, district, or local committee of a political party that has $5,000 or more of aggregate receipts and disbursements for Federal election activity in a calendar year. see (i) Reporting of allocation of expenses between Federal funds and Levin funds. see (A) In the first report of a calendar year disclosing an allocated disbursement for Federal election activity, the committee must state the allocation percentages to be applied for allocable Federal election activity pursuant to 11 CFR 300.33(b). (B) In each subsequent report in the calendar year itemizing an allocated disbursement for Federal election activity, the committee must state the category of Federal election activity ( see (ii) Reporting of allocation transfers. (iii) Reporting of allocated disbursements. (iv) Itemization. (3) Reporting of disbursements allocated between Federal funds and non-Federal funds, other than Levin funds. (c) Filing Schedule. (2) Electronic filing. (d) Recordkeeping. [67 FR 49120, July 29, 2002, as amended at 67 FR 78682, Dec. 26, 2002; 70 FR 75385, Dec. 20, 2005; 79 FR 77850, Dec. 29, 2014] § 300.37 Prohibitions on fundraising for and donating to certain tax-exempt organizations (52 U.S.C. 30125(d)). (a) Prohibitions. (1) An organization that is described in 26 U.S.C. 501(c) and exempt from taxation under section 26 U.S.C. 501(a) and that makes expenditures or disbursements in connection with an election for Federal office, including expenditures or disbursements for Federal election activity; (2) An organization that has submitted an application for tax-exempt status under 26 U.S.C. 501(c) and that makes expenditures or disbursements in connection with an election for Federal office, including expenditures or disbursements for Federal election activity; or (3) An organization described in 26 U.S.C. 527, unless the organization is: (i) A political committee under 11 CFR 100.5; (ii) A State, district, or local committee of a political party; (iii) The authorized campaign committee of a State or local candidate; or (iv) A political committee under State law, that supports only State or local candidates and that does not make expenditures or disbursements in connection with an election for Federal office, including expenditures or disbursements for Federal election activity. (b) Application. (1) An officer or agent acting on behalf of a State, district, or local committee of a political party; (2) An entity that is directly or indirectly established, financed, maintained or controlled by a State, district or local committee of a political party or an officer or agent acting on behalf of such an entity; or (3) An entity that is directly or indirectly established, financed, maintained, or controlled by an agent of a State, district, or local committee of a political party. (c) Determining whether an organization makes expenditures or disbursements in connection with a Federal election. (2) In determining whether a section 527 organization is a State-registered political committee that supports only State or local candidates and does not make expenditures or disbursements in connection with an Federal election, including expenditures or disbursements for Federal election activity, pursuant to paragraph (a)(3)(iv) of this section, a State, district, or local committee of a political party or any other person described in paragraph (b) of this section, may obtain and rely upon a certification from the organization that satisfies the criteria described in paragraph (d) of this section. (d) Certification. (1) The certification is a signed written statement by an officer or other authorized representative of the organization with knowledge of the organization's activities or by the treasurer of the State-registered political committee described in paragraph (a)(3)(iv) of this section; (2) The certification states that within the current election cycle, the organization or political committee has not made, and does not intend to make, expenditures or disbursements in connection with an election for Federal office (including for Federal election activity); and (3) The certification states that the organization or political committee does not intend to pay debts incurred from the making of expenditures or disbursements in connection with an election for Federal office (including for Federal election activity) in a prior election cycle. (e) If a State, district, or local committee of a political party or any person described in paragraph (b) of this section has actual knowledge that the certification is false, the certification may not be relied upon. (f) It is not prohibited for a State, district, or local committee of a political party or its agents to respond to a request for information about a tax-exempt group that shares the party's political or philosophical goals. [67 FR 49120, July 29, 2002, as amended at 70 FR 12789, Mar. 16, 2005; 79 FR 77850, Dec. 29, 2014] Subpart C—Tax-Exempt Organizations § 300.50 Prohibited fundraising by national party committees (52 U.S.C. 30125(d)). (a) Prohibitions on fundraising and donations. (1) An organization that is described in 26 U.S.C. 501(c) and exempt from taxation under section 26 U.S.C. 501(a) and that makes expenditures or disbursements in connection with an election for Federal office, including expenditures or disbursements for Federal election activity; (2) An organization that has submitted an application for tax-exempt status under 26 U.S.C. 501(c) and that makes expenditures or disbursements in connection with an election for Federal office, including expenditures or disbursements for Federal election activity; or (3) An organization described in 26 U.S.C. 527, unless the organization is: (i) A political committee under 11 CFR 100.5; (ii) A State, district, or local committee of a political party; or (iii) The authorized campaign committee of a State or local candidate; (b) Application. (1) An officer or agent acting on behalf of a national party committee, including a national congressional campaign committee; (2) An entity that is directly or indirectly established, financed, maintained, or controlled by a national party committee, including a national congressional campaign committee, or an officer or agent acting on behalf of such an entity; or (3) An entity that is directly or indirectly established, financed, maintained or controlled by an agent of a national committee of a political party, including a national congressional campaign committee. (c) Determining whether a section 501(c) organization makes expenditures or disbursements in connection with Federal elections. (d) Certification. (1) The certification is a signed written statement by an officer or other authorized representative of the organization with knowledge of the organization's activities; (2) The certification states that within the current election cycle, the organization has not made, and does not intend to make, expenditures or disbursements in connection with an election for Federal office (including for Federal election activity); and (3) The certification states that the organization or political committee does not intend to pay debts incurred from the making of expenditures or disbursements in connection with an election for Federal office (including for Federal election activity) in a prior election cycle. (e) Reliance on false certification. (f) Requests for information. [67 FR 49120, July 29, 2002, as amended at 70 FR 12789, Mar. 16, 2005] § 300.51 Prohibited fundraising by State, district, or local party committees (52 U.S.C. 30125(d)). (a) Prohibitions. (1) An organization that is described in 26 U.S.C. 501(c) and exempt from taxation under section 26 U.S.C. 501(a) and that makes expenditures or disbursements in connection with an election for Federal office, including expenditures or disbursements for Federal election activity; (2) An organization that has submitted an application for tax-exempt status under 26 U.S.C. 501(c) and that makes expenditures or disbursements in connection with an election for Federal office, including expenditures or disbursements for Federal election activity; or (3) An organization described in 26 U.S.C. 527, unless the organization is: (i) A political committee under 11 CFR 100.5; (ii) A State, district, or local committee of a political party; (iii) The authorized campaign committee of a State or local candidate; or (iv) A political committee under State law, that supports only State or local candidates and that does not make expenditures or disbursements in connection with an election for Federal office, including expenditures or disbursements for Federal election activity. (b) Application. (1) An officer or agent acting on behalf of a State, district, or local committee of a political party; (2) An entity that is directly or indirectly established, financed, maintained or controlled by a State, district or local committee of a political party or an officer or agent acting on behalf of such an entity; or (3) An entity that is directly or indirectly established, financed, maintained, or controlled by an agent of a State, district, or local committee of a political party. (c) Determining whether an organization makes expenditures or disbursements in connection with a Federal election. (2) In determining whether a section 527 organization is a State-registered political committee that supports only State or local candidates and does not make expenditures or disbursements in connection with a Federal election, including expenditures or disbursements for Federal election activity, pursuant to paragraph (a)(3)(iv) of this section, a State, district, or local committee of a political party or any other person described in paragraph (b) of this section, may obtain and rely upon a certification from the organization that satisfies the criteria described in paragraph (d) of this section. (d) Certification. (1) The certification is a signed written statement by an officer or other authorized representative of the organization with knowledge of the organization's activities or by the treasurer of the State-registered political committee described in paragraph (a)(3)(iv) of this section; (2) The certification states that within the current election cycle, the organization or political committee has not made, and does not intend to make, expenditures or disbursements in connection with an election for Federal office (including for Federal election activity); and (3) The certification states that the organization does not intend to pay debts incurred from the making of expenditures or disbursements in connection with an election for Federal office (including for Federal election activity) in a prior election cycle. (e) If a State, district, or local committee of a political party or any person described in paragraph (b) of this section has actual knowledge that the certification is false, the certification may not be relied upon. (f) It is not prohibited for a State, district, or local committee of a political party or its agents to respond to a request for information about a tax-exempt group that shares the party's political or philosophical goals. [67 FR 49120, July 29, 2002, as amended at 70 FR 12789, Mar. 16, 2005; 79 FR 77850, Dec. 29, 2014] § 300.52 Fundraising by Federal candidates and Federal officeholders (52 U.S.C. 30125(e)(1) and (4)). A Federal candidate, an individual holding Federal office, and an individual agent acting on behalf of either may make the following solicitations of funds on behalf of any organization described in 26 U.S.C. 501(c) and exempt from taxation under 26 U.S.C. 501(a), or an organization that has submitted an application for determination of tax-exempt status under 26 U.S.C. 501(c): (a) General solicitations. (1) The organization does not engage in activities in connection with an election, including any activity described in paragraph (c) of this section; or (2)(i) The organization conducts activities in connection with an election, but the organization's principal purpose is not to conduct election activities or any activity described in paragraph (c) of this section; and (ii) The solicitation is not to obtain funds for activities in connection with an election or any activity described in paragraph (c) of this section. (b) Specific solicitations. (1) The solicitation is made only to individuals; and (2) The amount solicited from any individual does not exceed $20,000 during any calendar year. (c) Voter registration, voter identification, get-out-the-vote activity and generic campaign activity. (1) Voter registration activity, as described in 11 CFR 100.24(a)(2), during the period that begins on the date that is 120 days before the date a regularly scheduled Federal election is held and ends on the date of the election; or (2) The following activities conducted in connection with an election in which one or more Federal candidates appear on the ballot ( see (i) Voter identification as described in 11 CFR 100.24(a)(4); (ii) Get-out-the-vote activity as described in 11 CFR 100.24(a)(3); or (iii) Generic campaign activity as defined in 11 CFR 100.25. (d) Prohibited solicitations. (e) Safe Harbor. (1) The certification is a signed written statement by an officer or other authorized representative of the organization with knowledge of the organization's activities; (2) The certification states that the organization's principal purpose is not to conduct election activities, including election activity described in paragraph (c) of this section; and (3) The certification states that the organization does not intend to pay debts incurred from the making of expenditures or disbursements in connection with an election for Federal office (including for Federal election activity) in a prior election cycle. (f) If a Federal candidate, an individual holding Federal office, or an individual agent acting on behalf of either has actual knowledge that the certification is false, the certification may not be relied upon. [67 FR 49120, July 29, 2002, as amended at 79 FR 77850, Dec. 29, 2014] Subpart D—Federal Candidates and Officeholders § 300.60 Scope (52 U.S.C. 30125(e)(1)). This subpart applies to: (a) Federal candidates; (b) Individuals holding Federal office ( see (c) Agents acting on behalf of a Federal candidate or individual holding Federal office; and (d) Entities that are directly or indirectly established, financed, maintained, or controlled by, or acting on behalf of, one or more Federal candidates or individuals holding Federal office. § 300.61 Federal elections (52 U.S.C. 30125(e)(1)(A)). No person described in 11 CFR 300.60 shall solicit, receive, direct, transfer, spend, or disburse funds in connection with an election for Federal office, including funds for any Federal election activity as defined in 11 CFR 100.24, unless the amounts consist of Federal funds that are subject to the limitations, prohibitions, and reporting requirements of the Act. § 300.62 Non-Federal elections (52 U.S.C. 30125(e)(1)(B)). A person described in 11 CFR 300.60 may solicit, receive, direct, transfer, spend, or disburse funds in connection with any non-Federal election, only in amounts and from sources that are consistent with State law, and that do not exceed the Act's contribution limits or come from prohibited sources under the Act. § 300.63 Exception for State candidates (52 U.S.C. 30125(e)(2)). Section 300.62 shall not apply to a Federal candidate or individual holding Federal office who is a candidate for State or local office, if the solicitation, receipt or spending of funds is permitted under State law; and refers only to that State or local candidate, to any other candidate for that same State or local office, or both. If an individual is simultaneously running for both Federal and State or local office, the individual must raise, accept, and spend only Federal funds for the Federal election. § 300.64 Participation by Federal candidates and officeholders at non-Federal fundraising events (52 U.S.C. 30125(e)(1) and (3)). (a) Scope. (b) Participation at non-Federal fundraising events. (1) Attend, speak at, or be a featured guest at a non-Federal fundraising event. (2) Solicit funds at a non-Federal fundraising event, provided that the solicitation is limited to funds that comply with the amount limitations and source prohibitions of the Act and that are consistent with State law. (i) A Federal candidate or officeholder may limit such a solicitation by displaying at the fundraising event a clear and conspicuous written notice, or making a clear and conspicuous oral statement, that the solicitation is not for Levin funds (when applicable), does not seek funds in excess of $[Federally permissible amount], and does not seek funds from corporations, labor organizations, national banks, federal government contractors, or foreign nationals. (ii) A written notice or oral statement is not clear and conspicuous if it is difficult to read or hear or if its placement is easily overlooked by any significant number of those in attendance. (c) Publicity for non-Federal fundraising events. (1) Publicity not containing a solicitation. (2) Publicity containing a solicitation limited to funds that comply with the amount limitations and source prohibitions of the Act. (3) Publicity containing a solicitation of funds outside the amount limitations and source prohibitions of the Act. (A) The Federal candidate or officeholder is identified as a featured guest, honored guest, special guest, featured speaker, or honored speaker, or in any other manner not specifically related to fundraising; and (B) The publicity includes a clear and conspicuous disclaimer that the solicitation is not being made by the Federal candidate or officeholder. (ii) The disclaimer required in paragraph (c)(3)(i)(B) of this section must meet the requirements in 11 CFR 110.11(c)(2) if the publicity is printed. (iii) Where publicity is disseminated by non-printed means, the disclaimer described in paragraph (c)(3)(i)(B) of this section is required only if the publicity is recorded or follows any form of printed script or is conducted according to a structured or organized program. (iv) Examples of disclaimers that satisfy paragraph (c)(3)(i)(B) of this section include, but are not limited to: (A) “[Name of Federal candidate/officeholder] is appearing at this event only as a featured speaker. [Federal candidate/officeholder] is not asking for funds or donations”; or (B) “All funds solicited in connection with this event are by [name of non-Federal candidate or entity], and not by [Federal candidate/officeholder].” (v) A Federal candidate, officeholder, or an agent of either may not approve, authorize, agree to, or consent to the use of the Federal candidate's or officeholder's name or likeness in publicity for a non-Federal fundraising event that contains a solicitation of funds outside the amount limitations and source prohibitions of the Act or Levin funds if: (A) The Federal candidate or officeholder is identified as serving in a position specifically related to fundraising, such as honorary chairperson or member of a host committee, or is identified in the publicity as extending an invitation to the event, even if the communication contains a disclaimer as described in paragraph (c)(3)(i)(B) of this section; or (B) The Federal candidate or officeholder signs the communication, even if the communication contains a disclaimer as described in paragraph (c)(3)(i)(B) of this section. (vi) A Federal candidate, officeholder, or an agent of either, may not disseminate publicity for a non-Federal fundraising event that contains a solicitation of funds outside the amount limitations and source prohibitions of the Act or Levin funds by someone other than the Federal candidate or officeholder. [75 FR 24383, May 5, 2010, as amended at 89 FR 219, Jan. 2, 2024] § 300.65 Exceptions for certain tax-exempt organizations (52 U.S.C. 30125(e)(1) and (4)). A Federal candidate, an individual holding Federal office, and an individual agent acting on behalf of either may make the following solicitations of funds on behalf of any organization described in 26 U.S.C. 501(c) and exempt from taxation under 26 U.S.C. 501(a), or an organization that has submitted an application for determination of tax-exempt status under 26 U.S.C. 501(c): (a) General solicitations. (1) The organization does not engage in activities in connection with an election, including any activity described in paragraph (c) of this section; or (2)(i) The organization conducts activities in connection with an election, but the organization's principal purpose is not to conduct election activities or any activity described in paragraph (c) of this section; and (ii) The solicitation is not to obtain funds for activities in connection with an election or any activity described in paragraph (c) of this section. (b) Specific solicitations. (1) The solicitation is made only to individuals; and (2) The amount solicited from any individual does not exceed $20,000 during any calendar year. (c) Voter registration, voter identification, get-out-the-vote activity and generic campaign activity. (1) Voter registration activity, as described in 11 CFR 100.24(a)(2), during the period that begins on the date that is 120 days before the date a regularly scheduled Federal election is held and ends on the date of the election; or (2) The following activities conducted in connection with an election in which one or more Federal candidates appear on the ballot (see 11 CFR 100.24(a)(1)), regardless of whether one or more State candidates also appears on the ballot: (i) Voter identification as described in 11 CFR 100.24(a)(4); (ii) Get-out-the-vote activity as described in 11 CFR 100.24(a)(3); or (iii) Generic campaign activity as defined in 11 CFR 100.25. (d) Prohibited solicitations. (e) Safe Harbor. (1) The certification is a signed written statement by an officer or other authorized representative of the organization with knowledge of the organization's activities; (2) The certification states that the organization's principal purpose is not to conduct election activities, including election activities described in paragraphs (c) of this section. (3) The certification states that the organization does not intend to pay debts incurred from the making of expenditures or disbursements in connection with an election for Federal office (including for Federal election activity) in a prior election cycle. (f) If a Federal candidate, an individual holding Federal office, or an individual agent acting on behalf of either has actual knowledge that the certification is false, the certification may not be relied upon. Subpart E—State and Local Candidates § 300.70 Scope (52 U.S.C. 30125(f)(1)). This subpart applies to any candidate for State or local office, individual holding State or local office, or an agent acting on behalf of any such candidate or individual. For example, this subpart applies to an individual holding Federal office who is a candidate for State or local office. This subpart does not apply to an association or similar group of candidates for State or local office or of individuals holding State or local office. § 300.71 Federal funds required for certain public communications (52 U.S.C. 30125(f)(1)). No individual described in 11 CFR 300.70 shall spend any funds for a public communication that refers to a clearly identified candidate for Federal office (regardless of whether a candidate for State or local office is also mentioned or identified), and that promotes or supports any candidate for that Federal office, or attacks or opposes any candidate for that Federal office (regardless of whether the communication expressly advocates a vote for or against a candidate) unless the funds consist of Federal funds that are subject to the limitations, prohibitions, and reporting requirements of the Act. See public communication § 300.72 Federal funds not required for certain communications (52 U.S.C. 30125(f)(2)). The requirements of section 11 CFR 300.71 shall not apply if the public communication is in connection with an election for State or local office, and refers to one or more candidates for State or local office or to a State or local officeholder but does not promote, support, attack, or oppose any candidate for Federal office.