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Prepared by the Federal Election Commission
Program OverviewProgram Overview
1.1. Raising MoneyRaising Money
2.2. Spending MoneySpending Money
3.3. ReportingReporting
Prepared by the Federal Election Commission
ObjectivesObjectives
• Review federal contribution limits, prohibitions, Review federal contribution limits, prohibitions, exemptions and fundraising restrictionsexemptions and fundraising restrictions
• Introduce new lobbyist bundling rulesIntroduce new lobbyist bundling rules
• Look at ways to support candidatesLook at ways to support candidates
• Review reporting periods and filing datesReview reporting periods and filing dates
• Help you manage accounts and disclose Help you manage accounts and disclose allocable expenses correctlyallocable expenses correctly
Prepared by the Federal Election Commission
Three Types of AccountsThree Types of Accounts
Federal AccountFederal Account:: Funds subject to the limits, Funds subject to the limits, prohibitions and reporting requirements of the prohibitions and reporting requirements of the Federal Election Campaign Act.Federal Election Campaign Act.
Nonfederal AccountNonfederal Account:: Funds governed by state Funds governed by state law.law.
Levin AccountLevin Account:: Funds must comply with certain Funds must comply with certain limits and prohibitions of the Act and are also limits and prohibitions of the Act and are also governed by state law. $10,000 limit. Use for governed by state law. $10,000 limit. Use for FEA.FEA.
Prepared by the Federal Election Commission
Three Types of FundsThree Types of Funds
Nonfederal FundsNonfederal Funds
With respect to federal elections . . .With respect to federal elections . . .
Levin FundsLevin Funds
Federal FundsFederal Funds
Prepared by the Federal Election Commission
Contribution LimitsContribution Limits
Candidate per
election
National Party
per year
State, District & Local
Party per year
Any PAC per year
Special Limits
Individual $2,400 $30,400 $10,000 (combined)
$5,000 $115,500 biennial
limit
National Party $5,000 No Limit
No Limit
$5,000 $42,600 per Senate campaign
State, District & Local Party
$5,000 (combined)
No Limit
No Limit
$5,000 (combined)
None
PAC: multicandidate
$5,000 $15,000 $5,000 (combined)
$5,000 None
PAC: not multicandidate
$2,400 $30,400 $10,000 (combined)
$5,000 None
Candidate per
election
National Party
per year
State, District & Local
Party per year
Any PAC per year
Special Limits
Individual $2,400 $30,400 $10,000 (combined)
$5,000 $115,500 biennial
limit
National Party $5,000 No Limit
No Limit
$5,000 $42,600 per Senate campaign
State, District & Local Party
$5,000 (combined)
No Limit
No Limit
$5,000 (combined)
None
PAC: multicandidate
$5,000 $15,000 $5,000 (combined)
$5,000 None
PAC: not multicandidate
$2,400 $30,400 $10,000 (combined)
$5,000 None
2009-20102009-2010
Prepared by the Federal Election Commission
Prohibited SourcesProhibited Sources
In connection with federal elections:In connection with federal elections:
• CorporationsCorporations
• Labor OrganizationsLabor Organizations
• Federal Government ContractorsFederal Government Contractors
• Contributions in the Name of AnotherContributions in the Name of Another
• Cash over $100Cash over $100
• Anonymous over $50Anonymous over $50
Prepared by the Federal Election Commission
In all elections:In all elections:
• Foreign NationalsForeign Nationals
• Federally Chartered CorporationsFederally Chartered Corporations
• National BanksNational Banks
Prohibited SourcesProhibited Sources
Prepared by the Federal Election Commission
• Deposit while confirming legalityDeposit while confirming legality
• If unable to verify permissibility, must If unable to verify permissibility, must refund within 30 daysrefund within 30 days
Questionable ContributionsQuestionable Contributions
Prepared by the Federal Election Commission
Federal FundsFederal Funds
Funds deposited into the federal account Funds deposited into the federal account must meet one of these conditions:must meet one of these conditions:
► Designated or Solicited for Federal AccountDesignated or Solicited for Federal Account
► Contributors Informed that Contribution is Contributors Informed that Contribution is Subject to Federal Limits/ProhibitionsSubject to Federal Limits/Prohibitions
Prepared by the Federal Election Commission
► Raised only by a state or local party committeeRaised only by a state or local party committee
► Funds must comply with state lawFunds must comply with state law
► $10,000 limit (unless lower limit under state law)$10,000 limit (unless lower limit under state law)
► Separate account not requiredSeparate account not required
► Each committee has separate Levin fund limitEach committee has separate Levin fund limit
► Costs of raising Levin fundsCosts of raising Levin funds
► Used to pay for certain allocable “Federal Election Used to pay for certain allocable “Federal Election Activity” (FEA)Activity” (FEA)
Levin FundsLevin Funds
Prepared by the Federal Election Commission
Registration ThresholdsRegistration Thresholds
Political Committee StatusPolitical Committee Status
► Unregistered local party organization may beUnregistered local party organization may be required to register if it: required to register if it: Makes contributions or expenditures aggregating Makes contributions or expenditures aggregating
over $1,000/yearover $1,000/year Receives federal contributions over $5,000/yearReceives federal contributions over $5,000/year Spends more than $5,000/year on exempt activitiesSpends more than $5,000/year on exempt activities
Prepared by the Federal Election Commission
Party AffiliationParty Affiliation
State party committees and registered State party committees and registered local party committees are presumed to local party committees are presumed to be affiliatedbe affiliated
A local party committee may rebut this A local party committee may rebut this presumption—demonstrate independencepresumption—demonstrate independence
Prepared by the Federal Election Commission
Party AffiliationParty Affiliation
Contribution LimitsContribution Limits Contributions made and received by local party Contributions made and received by local party
committees count against the state committee’s limitcommittees count against the state committee’s limit
State party committee should set up system to State party committee should set up system to monitor all contributions made and received by local monitor all contributions made and received by local party committeesparty committees
Prepared by the Federal Election Commission
Volunteer ExemptionsVolunteer Exemptions
Volunteer Services Volunteer Services
Personal Property Personal Property
Home Event – $2,000/yearHome Event – $2,000/year
Unreimbursed Travel – $2,000/yearUnreimbursed Travel – $2,000/year
Prepared by the Federal Election Commission
Computer Services ExemptionsComputer Services Exemptions
Sending/Forwarding Emails Sending/Forwarding Emails
Creating/Maintaining/Hosting WebsiteCreating/Maintaining/Hosting Website
Providing a Hyperlink to a WebsiteProviding a Hyperlink to a Website
Posting Comments to a BlogPosting Comments to a Blog
Using Work Computer for Online Political Using Work Computer for Online Political ActivityActivity
Prepared by the Federal Election Commission
Food/Beverage Exemption Food/Beverage Exemption
• Amount charged = actual cost to vendorAmount charged = actual cost to vendor
• Discount limited to $2,000/yearDiscount limited to $2,000/year
• Vendor may be incorporatedVendor may be incorporated
Prepared by the Federal Election Commission
Legal/Accounting ExemptionLegal/Accounting Exemption
• Services cannot directly further election of Services cannot directly further election of candidatecandidate
• Person paying for the services is the Person paying for the services is the employer employer
• Employer does not hire a replacement Employer does not hire a replacement
• Party must report name of provider, date of Party must report name of provider, date of service and value service and value
Prepared by the Federal Election Commission
Fundraising by CandidatesFundraising by Candidates
Federal candidates, officeholders and their Federal candidates, officeholders and their agents may not raise funds for federal agents may not raise funds for federal elections outside the limits, prohibitions and elections outside the limits, prohibitions and reporting requirements of the Act.reporting requirements of the Act.
Federal candidates, officeholders and their Federal candidates, officeholders and their agents may only raise funds in connection with agents may only raise funds in connection with nonfederal elections in amounts and from nonfederal elections in amounts and from sources that are consistent with state law and sources that are consistent with state law and within the limits and prohibitions of the Act.within the limits and prohibitions of the Act.
Prepared by the Federal Election Commission
State/Local Party FundraisersState/Local Party Fundraisers
• Federal candidate/officeholder may attend, Federal candidate/officeholder may attend, speak or be featured guest at state/local party speak or be featured guest at state/local party fundraiser where nonfederal/Levin funds are fundraiser where nonfederal/Levin funds are raised. Candidates/officeholders may speak at raised. Candidates/officeholders may speak at such event such event without restriction or regulationwithout restriction or regulation.*.*
• Parties may advertise/publicize appearance and Parties may advertise/publicize appearance and candidates/officeholderscandidates/officeholders..
* These rules were challenged in the “Shays III” litigation. Shays v. FEC (06-1247)
Prepared by the Federal Election Commission
State/Local Party FundraisersState/Local Party Fundraisers
Federal candidate/officeholder prohibited from:Federal candidate/officeholder prohibited from:
• Serving on host committee for party fundraising Serving on host committee for party fundraising event at which nonfederal funds are raisedevent at which nonfederal funds are raised
• Signing solicitation in connection with eventSigning solicitation in connection with event
• Note: Rules only apply to fundraisers for state, Note: Rules only apply to fundraisers for state, district, local party committees, not to other district, local party committees, not to other fundraising events (e.g., state candidate events)fundraising events (e.g., state candidate events)
Prepared by the Federal Election Commission
ObjectivesObjectives
• Review federal contribution limits, prohibitions, Review federal contribution limits, prohibitions, exemptions and fundraising restrictionsexemptions and fundraising restrictions
• Introduce new lobbyist bundling rulesIntroduce new lobbyist bundling rules
• Look at ways to support candidatesLook at ways to support candidates
• Review reporting periods and filing datesReview reporting periods and filing dates
• Help you manage accounts and disclose Help you manage accounts and disclose allocable expenses correctlyallocable expenses correctly
Prepared by the Federal Election Commission
General InformationGeneral Information
Campaigns, parties & leadership PACs must Campaigns, parties & leadership PACs must disclose certain bundled contributions from disclose certain bundled contributions from lobbyists/registrants and their PACslobbyists/registrants and their PACs
Effective DatesEffective Dates►Recordkeeping for bundled contributions:Recordkeeping for bundled contributions:
► March 19, 2009 for lobbyist/registrant bundlersMarch 19, 2009 for lobbyist/registrant bundlers► April 18, 2009April 18, 2009 for lobbyist/registrant PAC bundlersfor lobbyist/registrant PAC bundlers
First Disclosure by Campaigns: July 15, 2009First Disclosure by Campaigns: July 15, 2009(for bundling activity through June 30, 2009)(for bundling activity through June 30, 2009)
Prepared by the Federal Election Commission
New Disclosure RuleNew Disclosure Rule
If a lobbyist/registrant or If a lobbyist/registrant or lobbyist/registrant PAC forwards or lobbyist/registrant PAC forwards or is credited with raising two or more is credited with raising two or more
bundled contributions that total more bundled contributions that total more than $16,000 during a covered than $16,000 during a covered
period, the recipient committee must period, the recipient committee must report that on FEC Form 3L.report that on FEC Form 3L.
Prepared by the Federal Election Commission
Lobbyist/Registrant PACsLobbyist/Registrant PACs
www.fec.gov/finance/disclosure/lobbyist.shtmlwww.fec.gov/info/guidance/hlogabundling.shtmlwww.fec.gov/info/guidance/hlogabundling.shtml
Prepared by the Federal Election Commission
New Disclosure RuleNew Disclosure Rule
If a lobbyist/registrant or If a lobbyist/registrant or lobbyist/registrant PAC forwards or lobbyist/registrant PAC forwards or is credited with raising two or more is credited with raising two or more
bundled contributions that total more bundled contributions that total more than $16,000 during a covered than $16,000 during a covered
period, the recipient committee must period, the recipient committee must report that on FEC Form 3L.report that on FEC Form 3L.
Prepared by the Federal Election Commission
Definitions of Key TermsDefinitions of Key Terms
Bundled ContributionsBundled Contributions Forwarded ContributionsForwarded Contributions Received Received ANDAND Credited Contributions Credited Contributions Exception for Lobbyist/ Registrant/ PAC own Exception for Lobbyist/ Registrant/ PAC own
contributionscontributions
Tracking and CreditingTracking and Crediting RecordsRecords Designations or Other Means of RecognizingDesignations or Other Means of Recognizing
(including Titles, Tracking Identifiers, Access or (including Titles, Tracking Identifiers, Access or Mementos)Mementos)
Prepared by the Federal Election Commission
New Disclosure RuleNew Disclosure Rule
If a lobbyist/registrant or If a lobbyist/registrant or lobbyist/registrant PAC forwards or lobbyist/registrant PAC forwards or is credited with raising two or more is credited with raising two or more
bundled contributions that total more bundled contributions that total more than $16,000 during a covered than $16,000 during a covered
period, the recipient committee must period, the recipient committee must report that on FEC Form 3L.report that on FEC Form 3L.
Prepared by the Federal Election Commission
Quarterly-Filing PartiesQuarterly-Filing Parties• Semi-annual Periods:Semi-annual Periods:
January 1 – June 30; July 1 – December 31January 1 – June 30; July 1 – December 31
• Quarterly Reporting Periods:Quarterly Reporting Periods:► Non-Election Year (2009):Non-Election Year (2009): Semi-annual, plus any applicable special electionSemi-annual, plus any applicable special election reporting periods reporting periods
► Election Year (2010):Election Year (2010): Calendar quarters ending 3/31, 6/30, 9/30 and 12/31, Calendar quarters ending 3/31, 6/30, 9/30 and 12/31, plus applicable pre- and post-election reporting periods plus applicable pre- and post-election reporting periods
Covered PeriodsCovered Periods
ANDAND
Prepared by the Federal Election Commission
Monthly FilersMonthly Filers• Semi-annual Periods:Semi-annual Periods:
January 1 – June 30; July 1 – December 31January 1 – June 30; July 1 – December 31
•Monthly Reporting Periods:Monthly Reporting Periods:► Non-Election Year (2009):Non-Election Year (2009): 2020thth of each month, except January 31Year-End of each month, except January 31Year-End
► Election Year (2010):Election Year (2010): 2020thth of each month, except Pre- and Post-General of each month, except Pre- and Post-General election reports and January 31 Year-End election reports and January 31 Year-End
Covered PeriodsCovered Periods
ANDAND
Does the reporting committee accept bundled contributions?
No obligation to file Form 3L
Is the bundler a lobbyist/registrant or lobbyist/registrant PAC?
Does the aggregate amount of bundled contributions exceed $16,000 for a covered period?
The committee must file Form 3L
NO
NO
NO
YES
YES
YESLobbyist Bundling Lobbyist Bundling
DisclosureDisclosureFlow ChartFlow Chart
Prepared by the Federal Election Commission
ObjectivesObjectives
• Review federal contribution limits, prohibitions, Review federal contribution limits, prohibitions, exemptions and fundraising restrictionsexemptions and fundraising restrictions
• Introduce new lobbyist bundling rulesIntroduce new lobbyist bundling rules
• Look at ways to support candidatesLook at ways to support candidates
• Review reporting periods and filing datesReview reporting periods and filing dates
• Help you manage accounts and disclose Help you manage accounts and disclose allocable expenses correctlyallocable expenses correctly
Prepared by the Federal Election Commission
What is FEA?What is FEA?
Type 1Type 1
Voter registration Voter registration conducted 120 days conducted 120 days before an electionbefore an election
Type 2Type 2
Voter identification, Voter identification, GOTV, generic campaign GOTV, generic campaign activity conducted “in activity conducted “in connection with an connection with an election in which a election in which a federal candidate is on federal candidate is on the ballot”the ballot”
Type 3Type 3
Public communication that Public communication that promotes, attacks, supports or promotes, attacks, supports or opposes any federal candidate opposes any federal candidate
Type 4Type 4
Salary of an employee of a Salary of an employee of a state or local party who spends state or local party who spends more than 25% of time on more than 25% of time on federal elections federal elections
Prepared by the Federal Election Commission
FEA Voter RegistrationFEA Voter Registration
Type 1:Type 1:
Voter registration*Voter registration* conducted 120 days conducted 120 days before an election before an election
Type 2:Type 2:
GOTV*, voter GOTV*, voter identification and generic identification and generic campaign activity campaign activity conducted “in connection conducted “in connection with an election in which with an election in which a federal candidate is on a federal candidate is on the ballot”the ballot”
Type 3:Type 3:
Public communication that Public communication that promotes, attacks, supports or promotes, attacks, supports or opposes (PASOs) any federal opposes (PASOs) any federal candidatecandidate
Type 4:Type 4:
Salary of an employee of a Salary of an employee of a state or local party who spends state or local party who spends more than 25% of time on more than 25% of time on federal electionsfederal elections
Prepared by the Federal Election Commission
Examples of Voter Examples of Voter Registration ActivityRegistration Activity
• Booth at County FairBooth at County Fair
• Phone BankPhone Bank
• Campaign RallyCampaign Rally
Register to Vote
Ask me how
Prepared by the Federal Election Commission
Type 1:Type 1:
Voter registration Voter registration conducted 120 days conducted 120 days before an election before an election
Type 2:Type 2:
Voter identification,Voter identification, GOTV and generic GOTV and generic campaign activity campaign activity conducted “in connection conducted “in connection with an election in which with an election in which a federal candidate is on a federal candidate is on the ballot”the ballot”
FEA Voter I.D.FEA Voter I.D.
Definition:Definition: Creating or enhancing voter lists by Creating or enhancing voter lists by
adding information about voters’ adding information about voters’ likelihood of voting in a particular likelihood of voting in a particular election or voting for a particular election or voting for a particular candidate candidate
Time Period: Time Period: ““In connection with an election in In connection with an election in
which a federal candidate is on the which a federal candidate is on the ballot”ballot”
Prepared by the Federal Election Commission
FEA Time PeriodFEA Time Period
““In connection with an election in which a federal In connection with an election in which a federal candidate appears on the ballot”candidate appears on the ballot” means: means: For a regularly scheduled election: Primary ballot access For a regularly scheduled election: Primary ballot access
deadline (or January 1st) until the general election deadline (or January 1st) until the general election For a special election: The day special election is set under For a special election: The day special election is set under
state law until the general electionstate law until the general election
Prepared by the Federal Election Commission
Type 1:Type 1:
Voter registration Voter registration conducted 120 days conducted 120 days before an election before an election
Type 2:Type 2:
Voter identification, Voter identification, GOTVGOTV and generic and generic campaign activity campaign activity conducted “in connection conducted “in connection with an election in which with an election in which a federal candidate is on a federal candidate is on the ballot”the ballot”
Type 3:Type 3:
Public communication that Public communication that promotes, attacks, supports or promotes, attacks, supports or opposes (PASOs) any federal opposes (PASOs) any federal candidatecandidate
Type 4:Type 4:
Salary of an employee of a Salary of an employee of a state or local party who spends state or local party who spends more than 25% of time on more than 25% of time on federal electionsfederal elections
FEA GOTV ActivityFEA GOTV Activity
Prepared by the Federal Election Commission
Type 1:Type 1:
Voter registration Voter registration conducted 120 days conducted 120 days before an election before an election
Type 2:Type 2:
GOTV, voter GOTV, voter identification and identification and generic generic campaign activity campaign activity conducted “in connection conducted “in connection with an election in which with an election in which a federal candidate is on a federal candidate is on the ballot”the ballot”
Type 3:Type 3:
Public communication that Public communication that promotes, attacks, supports or promotes, attacks, supports or opposes (PASOs) any federal opposes (PASOs) any federal candidatecandidate
Type 4:Type 4:
Salary of an employee of a Salary of an employee of a state or local party who spends state or local party who spends more than 25% of time on more than 25% of time on federal electionsfederal elections
FEA Generic Campaign ActivityFEA Generic Campaign Activity
Prepared by the Federal Election Commission
Type 1:Type 1:
Voter registration Voter registration conducted 120 days conducted 120 days before an election before an election
Type 2:Type 2:
GOTV, voter GOTV, voter identification and generic identification and generic campaign activity campaign activity conducted “in connection conducted “in connection with an election in which with an election in which a federal candidate is on a federal candidate is on the ballot”the ballot”
Type 3:Type 3:
Public communication that Public communication that promotes, attacks, supports or promotes, attacks, supports or opposes (PASOs) any federal opposes (PASOs) any federal candidatecandidate
Type 4:Type 4:
Salary of an employee of a Salary of an employee of a state or local party who spends state or local party who spends more than 25% of time on more than 25% of time on federal electionsfederal elections
FEA Public CommunicationFEA Public Communication
Prepared by the Federal Election Commission
Type 1:Type 1:
Voter registration Voter registration conducted 120 days conducted 120 days before an election before an election
Type 2:Type 2:
GOTV, voter GOTV, voter identification and generic identification and generic campaign activity campaign activity conducted “in connection conducted “in connection with an election in which with an election in which a federal candidate is on a federal candidate is on the ballot”the ballot”
Type 3:Type 3:
Public communication that Public communication that promotes, attacks, supports or promotes, attacks, supports or opposes (PASOs) any federal opposes (PASOs) any federal candidatecandidate
Type 4:Type 4:
Salary of an employee of a Salary of an employee of a state or local party who spends state or local party who spends more than 25% of time on more than 25% of time on federal electionsfederal elections
FEA Salaries and WagesFEA Salaries and Wages
Prepared by the Federal Election Commission
Not FEANot FEA
• Public communications that refer only Public communications that refer only to nonfederal candidatesto nonfederal candidates
• Contributions to candidates for Contributions to candidates for state/local officestate/local office
• Party meetings and conventionsParty meetings and conventions
• Grassroots materials for nonfederal Grassroots materials for nonfederal candidatescandidates
Prepared by the Federal Election Commission
Financing FEA Financing FEA
Type 1:Type 1:
Voter registration Voter registration conducted 120 days before conducted 120 days before an election an election
Federal/LevinFederal/LevinAllocationAllocation
Type 2:Type 2:GOTV, voter GOTV, voter identification and identification and generic campaign generic campaign activity conducted “in activity conducted “in connection with an connection with an election in which a election in which a federal candidate is on federal candidate is on the ballot”the ballot”
Prepared by the Federal Election Commission
Financing FEA Financing FEA
Type 3:Type 3:
Public communication that promotes, Public communication that promotes, attacks, supports or opposes (PASOs) attacks, supports or opposes (PASOs) any federal candidateany federal candidate
Type 4:Type 4:
Salary of an employee of a state or Salary of an employee of a state or local party who spends more than local party who spends more than 25% of time on federal elections25% of time on federal elections
100% Federal100% Federal
Type 1Type 1 or or Type 2Type 2 FEA FEA if any if any Federal candidate is mentionedFederal candidate is mentioned
Prepared by the Federal Election Commission
Exempt ActivitiesExempt Activities
Special Features:Special Features:
• Unlimited-- Contribution limits do not Unlimited-- Contribution limits do not applyapply
• Must use federally permissible fundsMust use federally permissible funds
• Disclaimer RequiredDisclaimer Required
Prepared by the Federal Election Commission
Exempt ActivitiesExempt Activities
• Slate Cards/Sample BallotsSlate Cards/Sample Ballots
• Campaign Materials for General ElectionCampaign Materials for General Election
• Presidential Voter Registration and GOTV Presidential Voter Registration and GOTV DrivesDrives
Prepared by the Federal Election Commission
Allocation of Exempt Activity Allocation of Exempt Activity
If conducted in conjunction with nonfederal activity: If conducted in conjunction with nonfederal activity: allocate the costs between Federal and non-Federal allocate the costs between Federal and non-Federal funds. funds.
DO NOT allocate between Federal and nonfederal, any DO NOT allocate between Federal and nonfederal, any exempt activity that mentions ONLY Federal candidates.exempt activity that mentions ONLY Federal candidates.
Exempt Activity that is also FEAExempt Activity that is also FEA
If Exempt Activity also meets one of the definitions of If Exempt Activity also meets one of the definitions of FEA then it must be paid for as FEA, i.e. with Federal FEA then it must be paid for as FEA, i.e. with Federal funds. funds.
Exempt ActivitiesExempt Activities
Prepared by the Federal Election Commission
441a(d) Expenditures441a(d) Expenditures
• National Party Committee National Party Committee House, Senate, Presidential candidatesHouse, Senate, Presidential candidates
• State Party CommitteeState Party Committee House, Senate candidatesHouse, Senate candidates Presidential candidates (only if designated)Presidential candidates (only if designated)
• Local/District Party CommitteeLocal/District Party Committee No Coordinated Party Spending authority unless No Coordinated Party Spending authority unless
designateddesignated
Prepared by the Federal Election Commission
Designation of limit:Designation of limit:
In advanceIn advance
In writingIn writing
Keep written designation for 3 yearsKeep written designation for 3 years
Monitor and disclose expenditures madeMonitor and disclose expenditures made by designated agents by designated agents
441a(d) Expenditures441a(d) Expenditures
Prepared by the Federal Election Commission
• Funds spent by partyFunds spent by party
• Made for general election of party’s Made for general election of party’s candidatecandidate
• Separate limits apply; May designate limit Separate limits apply; May designate limit to other party committeeto other party committee
• Party reports; disclaimer requiredParty reports; disclaimer required
441a(d) Expenditures441a(d) Expenditures
Prepared by the Federal Election Commission
Coordinated CommunicationsCoordinated Communications
• If communication is coordinated, it is considered an If communication is coordinated, it is considered an in-kind or a 441a(d) expenditure, subject to limits.in-kind or a 441a(d) expenditure, subject to limits.
• Coordination three-part test:Coordination three-part test:
Source of payment;Source of payment;
““Content standard*” re: timing and subject matter of Content standard*” re: timing and subject matter of communication; communication; ANDAND
““Conduct standard*” re: interaction between campaign Conduct standard*” re: interaction between campaign and payee.and payee.
**Subject of litigation challenge in Shays v. FEC (Shays III)
Prepared by the Federal Election Commission
Independent ExpendituresIndependent Expenditures
Communication that expressly advocates the Communication that expressly advocates the election or defeat of a clearly identified election or defeat of a clearly identified
candidate and is not made in cooperation, candidate and is not made in cooperation, consultation, or concert with, or at the request consultation, or concert with, or at the request or suggestion of a candidate or his/her agents. or suggestion of a candidate or his/her agents.
Prepared by the Federal Election Commission
ObjectivesObjectives
• Review federal contribution limits, prohibitions, Review federal contribution limits, prohibitions, exemptions and fundraising restrictionsexemptions and fundraising restrictions
• Introduce new lobbyist bundling rulesIntroduce new lobbyist bundling rules
• Look at ways to support candidatesLook at ways to support candidates
• Review reporting periods and filing datesReview reporting periods and filing dates
• Help you manage accounts and disclose Help you manage accounts and disclose allocable expenses correctlyallocable expenses correctly
Prepared by the Federal Election Commission
ReportingReporting
• Non-Election Years:Non-Election Years: Semi-Annual FilingSemi-Annual Filing
Monthly FilingMonthly Filing
• Other Considerations:Other Considerations: No ExtensionsNo Extensions
Registered v. Overnight MailRegistered v. Overnight Mail
Prepared by the Federal Election Commission
ObjectivesObjectives
• Review federal contribution limits, prohibitions, Review federal contribution limits, prohibitions, exemptions and fundraising restrictionsexemptions and fundraising restrictions
• Introduce new lobbyist bundling rulesIntroduce new lobbyist bundling rules
• Look at ways to support candidatesLook at ways to support candidates
• Review reporting periods and filing datesReview reporting periods and filing dates
• Help you manage accounts and disclose Help you manage accounts and disclose allocable expenses correctlyallocable expenses correctly
Prepared by the Federal Election Commission
Paying BillsPaying Bills
Two Types of Bills:Two Types of Bills:
100% Federal 100% Federal No allocationNo allocation
Allocable Allocable Payment split between Federal/Nonfederal Payment split between Federal/Nonfederal
funds or Federal/Levin fundsfunds or Federal/Levin funds Follow FEC allocation sequence to pay billFollow FEC allocation sequence to pay bill
Prepared by the Federal Election Commission
Paying Allocable ExpensesPaying Allocable Expenses
Option 1: Use Federal Account Option 1: Use Federal Account Pay allocable bill from federal accountPay allocable bill from federal account Transfer in appropriate amount of nonfederal or Levin to Transfer in appropriate amount of nonfederal or Levin to
cover share of each allocated expensecover share of each allocated expense
Option 2: Establish Allocation AccountOption 2: Establish Allocation Account ““Zero balance” accountZero balance” account Transfer in appropriate amount of nonfederal or Levin to Transfer in appropriate amount of nonfederal or Levin to
cover share of each allocated expensecover share of each allocated expense Pay all allocable expenses from allocation accountPay all allocable expenses from allocation account
Prepared by the Federal Election Commission
Payment SequencePayment Sequence
• Federal or Allocation Account Pays Total BillFederal or Allocation Account Pays Total Bill
• Nonfederal/Levin Account Transfers its Share Nonfederal/Levin Account Transfers its Share within a 70-Day Windowwithin a 70-Day Window
►Window opens 10 days before bill is paid, Window opens 10 days before bill is paid, closes 60 days after bill is paidcloses 60 days after bill is paid
Prepared by the Federal Election Commission
Non-Allocable ExpensesNon-Allocable Expenses
100% Federal100% Federal
►Fundraising for theFundraising for the federal account federal account
►Exempt activity referencesExempt activity references only federal candidates only federal candidates
►Type 1 and Type 2 FEAType 1 and Type 2 FEA references federal candidate references federal candidate
►Type 3 and Type 4 FEAType 3 and Type 4 FEA
Prepared by the Federal Election Commission
Fed/Nonfederal AllocationFed/Nonfederal Allocation
► Administrative ExpensesAdministrative Expenses Rent, utilities, staff salariesRent, utilities, staff salaries
► ““Exempt Activities”Exempt Activities” Slate cards, campaign materials, Presidential Slate cards, campaign materials, Presidential
GOTV and voter drives that mention Federal and GOTV and voter drives that mention Federal and nonfederal candidatesnonfederal candidates
► Non-FEA Generic Voter DrivesNon-FEA Generic Voter Drives► Fundraising CostsFundraising Costs
Prepared by the Federal Election Commission
► Type 1 FEAType 1 FEA
• Voter registration 120 days before election Voter registration 120 days before election
► Type 2 FEAType 2 FEA
• Voter identification, generic campaign activity Voter identification, generic campaign activity and GOTV activityand GOTV activity
Provided Provided no federal candidatesno federal candidates named named
Federal/Levin AllocationFederal/Levin Allocation
Prepared by the Federal Election Commission
AllocationAllocation: : Fixed PercentageFixed Percentage
► Fixed Percentage:Fixed Percentage:
• Presence of a Senate or Presidential candidate on Presence of a Senate or Presidential candidate on the next ballot in next general electionthe next ballot in next general election
• Percentage used for entire two-year cyclePercentage used for entire two-year cycle
Prepared by the Federal Election Commission
Candidates on the BallotCandidates on the BallotFederalFederalShareShare
► If both President and Senate on ballotIf both President and Senate on ballot 36%36%
► If President but no Senate on ballotIf President but no Senate on ballot 28%28%
► If Senate but no President on ballotIf Senate but no President on ballot 21%21%
► Neither President nor Senate on ballotNeither President nor Senate on ballot 15%15%
AllocationAllocation: : Fixed PercentageFixed Percentage
Prepared by the Federal Election Commission
Allocation: Funds ReceivedAllocation: Funds Received
Funds Received:Funds Received:
federal receipts for program or eventfederal receipts for program or event
total receipts for program or eventtotal receipts for program or event
• Estimate ratio based on predictionEstimate ratio based on prediction
• Within 60 days, adjust ratio and transfer funds Within 60 days, adjust ratio and transfer funds to reflect actual funds receivedto reflect actual funds received
• Further transfers may be necessary if more Further transfers may be necessary if more federalfederal funds received than estimated funds received than estimated
Prepared by the Federal Election Commission
For More Information:For More Information:
PublicationsPublications
Conferences and WorkshopsConferences and Workshops
Our web site: www.fec.govOur web site: www.fec.gov
Toll free information line:Toll free information line:(800) 424–9530(800) 424–9530
FAXLINE: (202) 501–3413FAXLINE: (202) 501–3413
[email protected]@fec.gov
Prepared by the Federal Election Commission
ObjectivesObjectives
• Review federal contribution limits, prohibitions, Review federal contribution limits, prohibitions, exemptions and fundraising restrictionsexemptions and fundraising restrictions
• Introduce new lobbyist bundling rulesIntroduce new lobbyist bundling rules
• Look at ways to support candidatesLook at ways to support candidates
• Review reporting periods and filing datesReview reporting periods and filing dates
• Help you manage accounts and disclose Help you manage accounts and disclose allocable expenses correctlyallocable expenses correctly
Prepared by the Federal Election Commission
Workshop EvaluationWorkshop Evaluation
Help Us Help You!Help Us Help You!Please complete an evaluation Please complete an evaluation
of this workshop.of this workshop.
SAVE THE DATE:SAVE THE DATE:FEC REGIONAL CONFERENCEFEC REGIONAL CONFERENCE
Chicago, ILChicago, ILSept. 15-16, 2009Sept. 15-16, 2009
Thank You!Thank You!