+ All Categories
Home > Documents > FEC Workshop: Federal Campaigns, Federal PACs and

FEC Workshop: Federal Campaigns, Federal PACs and

Date post: 13-Nov-2014
Category:
Upload: kansas-meadowlark
View: 424 times
Download: 0 times
Share this document with a friend
Description:
PowerPoint slides for FEC Training class to be held in Kansas City, MO Aug 5-6, 2009: Federal Campaigns, Federal PACs and Party Committees.For more info: 800/424-9530 (press 6) or email [email protected]
67
Prepared by the Federal Election Commission Program Overview Program Overview 1. 1. Raising Money Raising Money 2. 2. Spending Money Spending Money 3. 3. Reporting Reporting
Transcript
Page 1: FEC Workshop:  Federal Campaigns, Federal PACs and

Prepared by the Federal Election Commission

Program OverviewProgram Overview

1.1. Raising MoneyRaising Money

2.2. Spending MoneySpending Money

3.3. ReportingReporting

Page 2: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 3: FEC Workshop:  Federal Campaigns, Federal PACs and

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.

Page 4: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 5: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 6: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 7: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 8: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 9: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 10: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 11: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 12: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 13: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 14: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 15: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 16: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 17: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 18: FEC Workshop:  Federal Campaigns, Federal PACs and

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.

Page 19: FEC Workshop:  Federal Campaigns, Federal PACs and

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)

Page 20: FEC Workshop:  Federal Campaigns, Federal PACs and

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)

Page 21: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 22: FEC Workshop:  Federal Campaigns, Federal PACs and

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)

Page 23: FEC Workshop:  Federal Campaigns, Federal PACs and

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.

Page 24: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 25: FEC Workshop:  Federal Campaigns, Federal PACs and

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.

Page 26: FEC Workshop:  Federal Campaigns, Federal PACs and

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)

Page 27: FEC Workshop:  Federal Campaigns, Federal PACs and

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.

Page 28: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 29: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 30: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 31: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 32: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 33: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 34: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 35: FEC Workshop:  Federal Campaigns, Federal PACs and

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”

Page 36: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 37: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 38: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 39: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 40: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 41: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 42: FEC Workshop:  Federal Campaigns, Federal PACs and

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”

Page 43: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 44: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 45: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 46: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 47: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 48: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 49: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 50: FEC Workshop:  Federal Campaigns, Federal PACs and

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)

Page 51: FEC Workshop:  Federal Campaigns, Federal PACs and

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.

Page 52: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 53: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 54: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 55: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 56: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 57: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 58: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 59: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 60: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 61: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 62: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 63: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 64: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 65: FEC Workshop:  Federal Campaigns, Federal PACs and

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

Page 66: FEC Workshop:  Federal Campaigns, Federal PACs and

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.

Page 67: FEC Workshop:  Federal Campaigns, Federal PACs and

SAVE THE DATE:SAVE THE DATE:FEC REGIONAL CONFERENCEFEC REGIONAL CONFERENCE

Chicago, ILChicago, ILSept. 15-16, 2009Sept. 15-16, 2009

Thank You!Thank You!


Recommended