[Code of Federal Regulations]

[Title 11, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 11CFR104.20]



[Page 126-127]

 

                       TITLE 11--FEDERAL ELECTIONS

 

                 CHAPTER I--FEDERAL ELECTION COMMISSION

 

PART 104_REPORTS BY POLITICAL COMMITTEES AND OTHER PERSONS (2 U.S.C. 434)

--Table of Contents

 

Sec. 104.20  Reporting electioneering communications (2 U.S.C. 434(f)).



    (a) Definitions--(1) Disclosure date means:

    (i) The first date on which an electioneering communication is 

publicly distributed provided that the person making the electioneering 

communication has made one or more disbursements, or has executed one or 

more contracts to make disbursements, for the direct costs of producing 

or airing one or more electioneering communications aggregating in 

excess of $10,000; or

    (ii) Any other date during the same calendar year on which an 

electioneering communication is publicly distributed provided that the 

person making the electioneering communication has made one or more 

disbursements, or has executed one or more contracts to make 

disbursements, for the direct costs of producing or airing one or more 

electioneering communications aggregating in excess of $10,000 since the 

most recent disclosure date during such calendar year.

    (2) Direct costs of producing or airing electioneering 

communications means the following:

    (i) Costs charged by a vendor, such as studio rental time, staff 

salaries, costs of video or audio recording media, and talent; or

    (ii) The cost of airtime on broadcast, cable or satellite radio and 

television stations, studio time, material costs, and the charges for a 

broker to purchase the airtime.

    (3) Persons sharing or exercising direction or control means 

officers, directors, executive directors or their equivalent, partners, 

and in the case of unincorporated organizations, owners, of the entity 

or person making the disbursement for the electioneering communication.

    (4) Identification has the same meaning as in 11 CFR 100.12.

    (5) Publicly distributed has the same meaning as in 11 CFR 

100.29(b)(3).

    (b) Who must report and when. Every person who has made an 

electioneering communication, as defined in 11 CFR 100.29, aggregating 

in excess of $10,000 during any calendar year shall file a statement 

with the Commission by 11:59 p.m. Eastern Standard/Daylight Time on the 

day following the disclosure date. The statement shall be filed under 

penalty of perjury, shall contain the information set forth in paragraph 

(c) of this section, and shall be filed on FEC Form 9. Political 

committees that make communications that are described in 11 CFR 

100.29(a) must report such communications as expenditures or independent 

expenditures under 11 CFR 104.3 and 104.4, and not under this section.

    (c) Contents of statement. Statements of electioneering 

communications filed under paragraph (b) of this section shall disclose 

the following information:

    (1) The identification of the person who made the disbursement, or 

who executed a contract to make a disbursement, and, if the person is 

not an individual, the person's principal place of business;

    (2) The identification of any person sharing or exercising direction 

or control over the activities of the person



[[Page 127]]



who made the disbursement or who executed a contract to make a 

disbursement;

    (3) The identification of the custodian of the books and accounts 

from which the disbursements were made;

    (4) The amount of each disbursement, or amount obligated, of more 

than $200 during the period covered by the statement, the date the 

disbursement was made, or the contract was executed, and the 

identification of the person to whom that disbursement was made;

    (5) All clearly identified candidates referred to in the 

electioneering communication and the elections in which they are 

candidates;

    (6) The disclosure date, as defined in paragraph (a) of this 

section;

    (7) If the disbursements were paid exclusively from a segregated 

bank account consisting of funds provided solely by individuals who are 

United States citizens, United States nationals, or who are lawfully 

admitted for permanent residence under 8 U.S.C. 1101(a)(20), the name 

and address of each donor who donated an amount aggregating $1,000 or 

more to the segregated bank account, aggregating since the first day of 

the preceding calendar year; and

    (8) If the disbursements were not paid exclusively from a segregated 

bank account described in paragraph (c)(7) of this section, the name and 

address of each donor who donated an amount aggregating $1,000 or more 

to the person making the disbursement, aggregating since the first day 

of the preceding calendar year.

    (d) Recordkeeping. All persons who make electioneering 

communications or who accept donations for the purpose of making 

electioneering communications must maintain records in accordance with 

11 CFR 104.14.

    (e) State waivers. Statements of electioneering communications that 

must be filed with the Commission must also be filed with the Secretary 

of State of the appropriate State if the State has not obtained a waiver 

under 11 CFR 108.1(b).



[68 FR 419, Jan. 3, 2003; 68 FR 5075, Jan. 31, 2003]