[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: 11CFR109.10]



[Page 150-151]

 

                       TITLE 11--FEDERAL ELECTIONS

 

                 CHAPTER I--FEDERAL ELECTION COMMISSION

 

PART 109_COORDINATED AND INDEPENDENT EXPENDITURES (2 U.S.C. 431(17), 

441a(a) and (d), AND PUB. L. 107-155 SEC. 214(c))--Table of Contents

 

                   Subpart B_Independent Expenditures

 

Sec. 109.10  How do political committees and other persons report 

independent expenditures?





    (a) Political committees, including political party committees, must 

report independent expenditures under 11 CFR 104.4.

    (b) Every person that is not a political committee and that makes 

independent expenditures aggregating in excess of $250 with respect to a 

given election in a calendar year shall file a verified statement or 

report on FEC Form 5 in accordance with 11 CFR 104.4(e) containing the 

information required by paragraph (e) of this section. Every person 

filing a report or statement under this section shall do so in 

accordance with the quarterly reporting schedule specified in 11 CFR 

104.5(a)(1)(i) and (ii) and shall file a report or statement for any 

quarterly period during which any such independent expenditures that 

aggregate in excess of $250 are made and in any quarterly reporting 

period thereafter in which additional independent expenditures are made.

    (c) Every person that is not a political committee and that makes 

independent expenditures aggregating $10,000 or more with respect to a 

given election any time during the calendar year up to and including the 

20th day before an election, must report the independent expenditures on 

FEC Form 5, or by signed statement if the person is not otherwise 

required to file electronically under 11 CFR 104.18. (See 11 CFR 

104.4(f) for aggregation.) The person making the independent 

expenditures aggregating $10,000 or more must ensure that the Commission 

receives the report or statement by 11:59 p.m. Eastern Standard/Daylight 

Time on the second day following the date on which a communication is 

publicly distributed or otherwise publicly disseminated. Each time 

subsequent independent expenditures relating to the same election 

aggregate an additional $10,000 or more, the person making the 

independent expenditures must ensure that the Commission receives a new 

48-hour report of the subsequent independent expenditures. Each 48-hour 

report must contain the information required by paragraph (e)(1) of this 

section.

    (d) Every person making, after the 20th day, but more than 24 hours 

before 12:01 a.m. of the day of an election, independent expenditures 

aggregating $1,000 or more with respect to a given election must report 

those independent expenditures and ensure that the Commission receives 

the report or signed statement by 11:59 p.m. Eastern Standard/Daylight 

Time on the day following the date on which a communication is publicly 

distributed or otherwise publicly disseminated. Each time subsequent 

independent expenditures relating to the same election aggregate $1,000 

or more, the person making the independent expenditures must ensure that 

the Commission receives a new 24-hour report of the subsequent 

independent expenditures. (See 11 CFR 104.4(f) for aggregation.) Such 

report or statement shall contain the information required by paragraph 

(e) of this section.

    (e) Content of verified reports and statements and verification of 

reports and statements.

    (1) Contents of verified reports and statement. If a signed report 

or statement is submitted, the report or statement shall include:



[[Page 151]]



    (i) The reporting person's name, mailing address, occupation, and 

the name of his or her employer, if any;

    (ii) The identification (name and mailing address) of the person to 

whom the expenditure was made;

    (iii) The amount, date, and purpose of each expenditure;

    (iv) A statement that indicates whether such expenditure was in 

support of, or in opposition to a candidate, together with the 

candidate's name and office sought;

    (v) A verified certification under penalty of perjury as to whether 

such expenditure was made in cooperation, consultation, or concert with, 

or at the request or suggestion of a candidate, a candidate's authorized 

committee, or their agents, or a political party committee or its 

agents; and

    (vi) The identification of each person who made a contribution in 

excess of $200 to the person filing such report, which contribution was 

made for the purpose of furthering the reported independent expenditure.

    (2) Verification of independent expenditure statements and reports. 

Every person shall verify reports and statements of independent 

expenditures filed pursuant to the requirements of this section by one 

of the methods stated in paragraph (e)(2)(i) or (ii) of this section. 

Any report or statement verified under either of these methods shall be 

treated for all purposes (including penalties for perjury) in the same 

manner as a document verified by signature.

    (i) For reports or statements filed on paper (e.g., by hand-

delivery, U.S. Mail, or facsimile machine), the person who made the 

independent expenditure shall certify, under penalty of perjury, the 

independence of the expenditure by handwritten signature immediately 

following the certification required by paragraph (e)(1)(v) of this 

section.

    (ii) For reports or statements filed by electronic mail, the person 

who made the independent expenditure shall certify, under penalty of 

perjury, the independence of the expenditure by typing the treasurer's 

name immediately following the certification required by paragraph 

(e)(1)(v) of this section.