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The Commission brings enforcement suits in U.S. District Courts when matters are not satisfactorily resolved through the administrative enforcement process and sues to enforce administrative subpoenas. The agency also defends suits contesting its dismissals of administrative complaints, petitions for review of Commission decisions regarding the presidential public funding program and civil suits challenging the constitutionality of provisions of the Federal Election Campaign Act (FECA) and the validity of the Commission's regulations.
Ongoing litigation
Active litigation involving the FEC. Each case listed has a dedicated page including a case summary, as well as links to court opinions and related documents filed in the suit.
The Federal Election Campaign Act of 1971, as amended (52 U.S.C. §§30101-30146). 11 CFR 100.18. Prior to September 1, 2014, the Act appeared in Title 2 of the U.S. Code. Sometimes abbreviated FECA.
A clear statement that the internet public communication is paid for, and that identifies the person or persons who paid for the internet public communication using their full name or a commonly understood abbreviation or acronym by which the person or persons are known, which is accompanied by: an indicator and a mechanism. It must satisfy the requirements of 11 CFR 110.11(c)(1), (c)(5)(ii) and (iii).
For party committees, rent, utilities, office equipment, office supplies, routine building maintenance and other operating costs not attributable to a specific candidate.
Administrative termination is the action taken by the Commission to terminate the reporting obligations of political committees that appear to be inactive in accordance with 52 U.S.C. 30103(d)(2) and 11 CFR 102.4. Administrative termination does not relieve a committee of any legal responsibility for the payment of any outstanding debt or obligations.
The payment by an individual from his or her personal funds, including a personal credit card, for the costs incurred in providing goods or services to, or obtaining goods or services that are used by or on behalf of, a candidate or a political committee. See 11 CFR 116.5.
A formal response from the Commission regarding the legality of a specific activity proposed in an advisory opinion request (AOR). 11 CFR Part 112.
Committees and organizations that are considered one committee for purposes of the contribution limits. 11 CFR 110.3(a)(1). Affiliated committees include (1) All committees established or authorized by a candidate as part of his or her campaign for federal or nonfederal office; and (2) All committees established, financed, maintained or controlled by the same person, group or organization. 11 CFR 100.5(g)(1) and (2); 11 CFR 110.3(a)(1).
An agent of a federal candidate or officeholder is any person who has actual authority, either express or implied, to engage in any of the following activities on behalf of the candidate or officeholder:
To solicit, receive, direct, transfer or spend funds in connection with any election.
To request or suggest that a communication be created, produced or distributed;
To make or authorize a communication that meets one or more of the “content standards” for coordination;
To request or suggest that any other person create, produce, or distribute any communication;
To be materially involved in decisions regarding the content, intended audience, means, media outlet, timing, frequency, size, prominence or duration of a communication;
To provide material or information to assist another person in the creation, production or distribution of any communication; or
To make or direct a communication that is created, produced or distributed with the use of material or information derived from a substantial discussion about the communication with a different candidate;
An agent is any person who has actual authority, either expressed or implied, to engage in certain activities on behalf of the committee. In the case of state, district and local party committees, these activities are:
Expending or disbursing any funds for federal election activity;
Transferring or accepting transfers of funds for federal election activity;
Engaging in joint fundraising activity if any part of the funds are to be used for federal election activity; or
Soliciting any funds for, or making or directing any donations to, any tax-exempt 501(c) organization or 527 organization that is not also a political committee, a party committee or an authorized campaign committee.
In the case of the national party committees, these activities are:
Soliciting, directing or receiving a contribution, donation or transfer of funds; or
Soliciting any funds for, or making or directing donations to, any tax-exempt 501(c) organization or 527 organization that is not also a political committee, a party committee or an authorized campaign committee.
A separate federal account into which funds from either a committee’s federal and nonfederal accounts, or (for party committees) from its federal and Levin accounts, are deposited solely to pay expenses that must be allocated. (A party committee must have separate allocation accounts for its federal/nonfederal allocation and for its federal/Levin allocation). 11 CFR 106.7(f) and 300.33(d).
A political committee that has been authorized by a candidate to accept contributions or make expenditures on his or her behalf, or one that accepts contributions or makes expenditures on behalf of a candidate and has not been disavowed by the candidate.
A contribution forwarded to a reporting committee by a lobbyist/registrant or lobbyist/registrant PAC, or received by a reporting committee and credited to a lobbyist/registrant or lobbyist/registrant PAC. See 11 CFR 104.22(a)(6).
Any candidate traveling in connection with an election for federal office, or any individual traveling in connection with an election for federal office on behalf of a candidate or political committee; or any member of the news media traveling with a candidate. 11 CFR 100.93(a)(3)(i).
An individual seeking nomination for election, or reelection, to a federal office becomes a candidate when he or she (or persons working on his or her behalf) receives contributions or makes expenditures that exceed $5,000.
A unique identifier assigned to each candidate registered with the FEC. The initial character indicates the office sought. (H)ouse, (S)enate, (P)resident. If a person runs for several offices, they will have separate IDs for each office.
Cash on hand includes funds held in checking and savings accounts, certificates of deposit, petty cash funds, traveler’s checks, treasury bills and other investments valued at cost. 11 CFR 104.3(a)(1).
Code of Federal Regulations. The annual collection of executive-agency regulations published in the daily Federal Register, combined with previously issued regulations that are still in effect. The sections of the CFR containing federal campaign finance regulations may be found in Title 11 and are available on the FEC’s website or as a free publication from the FEC.
A candidate is clearly identified when his or her name, nickname, photograph or drawing appears, or when his or her identity is otherwise apparent through an unambiguous reference such as “the President,” “your Congressman,” or “the incumbent,” or through an unambiguous reference to his or her status as a candidate such as “the Democratic presidential nominee” or “the Republican candidate for Senate in the State of Georgia.” 11 CFR 100.17.
A collecting agent is an organization or committee that collects and transmits contributions to one or more separate segregated funds to which the collecting agent is related. A collecting agent may be either:
A committee, whether or not it is a political committee as defined in 11 CFR 100.5, affiliated with the separated segregated fund under 11 CFR 110.3.
The connected organization of the separated segregated fund as defined in 11 CFR 100.6. A parent, subsidiary, branch, division, department, or local unit of the connected organization of the separate segregated fund.
A local national or international union collecting contributions on behalf of the separate segregated fund of any federation with which the local, national or international union is affiliated.
Any person providing goods or services to a candidate or political committee whose usual and normal business involves the sale, rental, lease or provision of those goods or services. 11 CFR 116.1(c).
A definition that categorizes groups organized to receive and spend money in federal elections. The basic committee types are authorized committees, political party committees, separate segregated funds (SSFs) and nonconnected committees.
Costs that a corporation, labor organization, trade association or incorporated membership organization pays for express advocacy communications that are directed to the restricted class, once the payments exceed $2,000 for any election (primary or general). The payments are not considered contributions but instead are reported as "Communication Costs on Form 7." See 11 CFR 104.6(a).
Form 5, Form 7 and Form 9 filers, whose activity includes:
Contributions reported by persons other than political committees
Independent expenditures reported by persons other than political committees
Communication costs reported by corporations and membership organizations
Electioneering communications
Direct payments to the candidate unless the payments are otherwise permitted by law, such as candidate expense reimbursements and candidate loan repayments under 11 CFR Part 116.
Any person who receives and forwards an earmarked contribution to a candidate or a candidate’s authorized committee. 11 CFR 110.6(b)(2).
An organization that uses its treasury funds to establish, administer or solicit contributions to a separate segregated fund. 11 CFR 100.6(a).
A gift, subscription, loan, advance or deposit of money or anything of value given to influence a federal election; or the payment by any person of compensation for the personal services of another person if those services are rendered without charge to a political committee for any purpose. 11 CFR 100.52(a) and 100.54.
Giving money or anything of value, all or part of which was provided to the contributor by another person (the true contributor) without disclosing the source of the money or the thing of value to the recipient candidate or committee at the time the contribution is made; or making a contribution of money or anything of value and attributing as the source another person when in fact the contributor is the source. 11 CFR 110.4(b).
A cooperative is a voluntary economic association organized to provide economic services, without gain, to itself, and to the members who own and control it. A federated cooperative as defined in the Agricultural Marketing Act of 1929, 12 U.S.C. 1141j, or a rural cooperative eligible for assistance under chapter 31 or title 7 of the United States Code, may solicit the members of the cooperative's regional, state or local affiliates, provided that all of the political committees established, financed, maintained or controlled by the cooperative and its regional, state or local affiliates are considered one political committee for the purposes of the limitations in 11 CFR 110.1 and 110.2.
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. 11 CFR 109.20(a).
A communication that satisfies a three-pronged test:
The communication must be paid for by a person other than a federal candidate, authorized committee, or a political party committee, or any agents of the aforementioned entities with whom the communication is coordinated.
One or more of the five content standards set forth in 11 CFR 109.21(c) must be satisfied; and
One or more of the five conduct standards set forth in 11 CFR 109.21(d) must be satisfied.
A payment for a communication satisfying all three prongs is an in-kind contribution to the candidate or political party committee with which it was coordinated. 11 CFR 109.21.
A special type of expenditure that can be made only by a national or state political party committee in connection with the general election of a candidate. These expenditures are subject to a separate set of limits and do not count against the party’s normal contribution limits with respect to each candidate. 11 CFR 109.30 and 109.32-37.
Any separately incorporated entity (other than a political committee that has incorporated for liability purposes only). 11 CFR 100.134(l) and 114.12(a). The term corporation covers both for-profit and nonprofit corporations and includes nonstock corporations, incorporated membership organizations, incorporated cooperatives, incorporated trade associations, professional corporations and, under certain circumstances, limited liability companies.
The individual or entity holding possession of a political committee’s books and accounts.The Custodian of Records is listed on the committee’s Statement of Organization. 11 CFR 102.2(a)(1)(iii).
The date the contributor relinquishes control over a contribution. A contribution that is mailed is considered made on the date of the postmark. An electronic contribution is considered to be made when the contributor authorizes the transaction. In the case of an in-kind contribution, a contribution is made on the date the goods or services are provided by the contributor. This date determines the election or calendar year limit against which a contribution counts. 11 CFR 110.1(b)(6).
The candidate’s date of ineligibility shall be whichever date by operation of the following occurs first:
The day on which an individual ceases to be a candidate because he or she is not actively conductingcampaigns in more than one State in connection with seeking the presidential nomination;
The 30th day following the date of the second consecutive primary election in which such individual receives less than 10 percent of the number of popular votes cast for all candidates of the same party for the same office in that primary election, if the candidate permitted or authorized his or her name to appear on the ballot, unless the candidate certifies to the Commission at least 25 business days prior to the primary that he or she will not be an active candidate in the primary involved; or
The date a committee (or a person acting on the committee’s behalf) either takes possession of the contribution or, for an electronic contribution, obtains the contributor's authorization for the transaction. 11 CFR 102.8(a). This date is used for FEC reporting.
Debts include unpaid bills. FEC reports show the amount of reportable debt a committee owes to other entities at the end of the filing period.
An individual who is or seeks to become a delegate to a national nominating convention or to a state, district or local convention, caucus or primary held to select delegates to a national nominating convention. 11 CFR 110.14(b)(1).
A group organized for the purpose of influencing the selection of one or more delegates. The term includes a group of delegates, a group of individuals seeking to become delegates and a group of individuals supporting delegates. 11 CFR 110.14(b)(2).
A contribution is considered to be designated in writing for a particular election if
The contribution is made by check, money order, or other negotiable instrument which clearly indicates the particular election with respect to which the contribution is made;
The contribution is accompanied by a writing, signed by the contributor, which clearly indicates the particular election with respect to which the contribution is made; or
Any purchase or payment made by a political committee or any other person that is subject to the Federal Election Campaign Act. 11 CFR 300.2(d).
A “disclaimer” notice is a statement that identifies the person(s) who paid for a communication and whether the communication was authorized by one or more candidates. 11 CFR 110.11.
The disclsoure date is
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
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.
A U.S. House of Representatives District. Because Senators represent an entire state, Senate races do not have districts associated with them.
A payment, gift, subscription, loan, advance, deposit or anything of value given to a person but does not include contributions.11 CFR 300.2(e).
A contribution that the contributor directs (either orally or in writing) to or on behalf of a clearly identified candidate or authorized committee through an intermediary or conduit. Earmarking may take the form of a designation, instruction or encumbrance, and it may be direct or indirect, express or implied. However, a contributor authorizing a commercial payment processor to transmit funds to a designated candidate or authorized committee in its ordinary course of business does not in itself constitute an earmark. 11 CFR 110.6.
Any one of several processes by which an individual seeks nomination for election, or election, to federal office. They include: a primary election, including a caucus or convention that has authority to select a nominee; a general election; a runoff election; and a special election held to fill a vacant seat. 11 CFR 100.2.
The period beginning the day after the previous general election for a given federal office and ending on the date of the general election for that office. The number of years in an election cycle differs according to the federal office sought. The election cycle spans two years for House candidates; four years for presidential candidates; and six years for Senate candidates. See 11 CFR 100.3(b).
Any broadcast, cable or satellite communication that (1) refers to a clearly identified candidate for federal office; (2) is publicly distributed within certain time periods before an election and (3) is targeted to the relevant electorate. 11 CFR 100.29.
The organization or person by whom an individual is employed, and not the name of his or her supervisor. 11 CFR 100.21.
The total amount of cash on hand that remains after the amount of cash on hand at the beginning of the reporting period is adjusted to add the total receipts for the reporting period and subtract the total disbursements for the reporting period.
Individuals employed by a corporation or labor organization who are paid on a salary rather than hourly basis and who have policymaking, managerial, professional, or supervisory responsibilities. The definition does not include professionals who are represented by a labor organization, salaried foremen and lower-level supervisors having direct supervision over hourly employees, former or retired personnel who are not stockholders, and consultants who are not employees under the Internal Revenue Code. 11 CFR 114.1(c), 26 CFR 31.3401(c)-1.
Certain candidate support activities that state and local party groups may undertake without making a contribution or expenditure, provided specific rules are followed.
A purchase, payment, distribution, loan, advance, deposit or gift of money or anything of value made for the purpose of influencing a federal election. A written agreement to make an expenditure is also considered an expenditure. 11 CFR 100.111 and 100.112.
In the case of a major party, the expenditure report period begins on September 1 before the election or on the date on which the major party’s presidential nominee is chosen, whichever is earlier; and the period ends 30 days after the presidential election. In the case of a minor or new party, the period will be the same as that of the major party with the shortest expenditure report period. See 11 CFR 9002.12.
Unambiguously advocating the election or defeat of a clearly identified federal candidate. There are two ways that a communication can be defined as express advocacy (candidate advocacy): by use of certain “explicit words of advocacy of election or defeat” and by the “only reasonable interpretation” test. See 11 CFR 100.22.
The use of corporate or labor organization resources or facilities to engage in fundraising activities in connection with any federal election (other than raising funds for the organization’s separate segregated fund). Facilitation results in a prohibited contribution to the committee that benefits from the activity. 11 CFR 114.2(f).
For purposes of candidate travel rules, "immediate family" means the father, mother, son, daughter, brother, sister, spouse (see separate definition), father-in-law or mother-in-law of the candidate. See 11 CFR 100.93(g)(4).
For purposes of rules governing SSF solicitations and corporate/labor communications, "families" includes spouses (see separate definition), mothers, fathers, sons and daughters who live in the same household. See AOs 2013-06 and 1980-102.
For purposes of public funding, the term "immediate family" means a candidate’s spouse (see separate definition), and any child, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate and the spouses of such persons. 11 CFR 9003.2(c)(1) and 9035.2(b).
Activity by state, district and local party committees, which may be paid for with federal or – in the case of the first two types – a combination of federal and Levin funds. The four types of federal election activity are as follows:
Voter registration activity during the period 120 days before a primary or general election and ending on election day itself;
Voter identification, get-out-the-vote and generic campaign activity conducted in connection with an election in which a federal candidate appears on the ballot;
A public communication that refers to a clearly identified candidate for federal office and that promotes, attacks, supports or opposes any candidate for federal office. The communication does not need to expressly advocate the election or defeat of the federal candidate to qualify as federal election activity; and
Services provided during a month by an employee of a state, district or local party committee who spends more than 25 percent of his or her compensated time during that month on activities in connection with a federal election including FEA.
Funds that comply with the limits, prohibitions and reporting requirements of the Federal Election Campaign Act. 11 CFR 300.2(g).
A person who enters into a contract, or is bidding on such a contract, with any agency or department of the United States government and is paid, or is to be paid, for services, material, equipment, supplies, land or buildings with funds appropriated by Congress. 11 CFR 115.1.
An individual elected to or serving in the office of President or Vice President of the United States, or a Senator or Representative in, or a Delegate or Resident Commissioner, to the Congress of the United States. 11 CFR 113.1(c) and 300.2(o).
A corporation that is organized pursuant to a federal statute and that became a corporation when it received a charter from a federal agency. See AOs 1988-12 and 1984-63.
A report, designation or statement submitted to the FEC by a candidate, committee or other entity. Required filings include declarations of candidacy and committee reports of the money they receive and spend. See also "Reports, designations and statements".
An individual who is not a citizen of the United States or a national of the United States and has not been lawfully admitted to the U.S. for permanent residence, as defined in 8 U.S.C. § 1101(a)(20); or
A foreign principal, as defined in 22 U.S.C. § 611(b).
General Election Legal and Accounting Compliance fund. A fund established by major party candidates for the Office of the President or Vice President of the United States, to be used to collect contributions solely for legal and accounting services to ensure compliance with federal law. See 11 CFR 9003.3.
A type of Federal Election Activity, as distinguished from voter drive activity. Generic campaign activity is a public communication that promotes or opposes a political party and does not promote or oppose a clearly identified federal candidate or a nonfederal candidate. 11 CFR 100.25.
In regard to FEA, GOTV activity encompasses all means of assisting, encouraging or urging potential voters to vote. This activity includes, but is not limited to:
Encouraging or urging potential voters to vote, whether by mail (including direct mail), email, in person, by telephone (including prerecorded telephone calls, phone banks and messaging such as SMS and MMS), or by any other means;
Informing potential voters, whether by mail (including direct mail), email, in person, by telephone (including pre-recorded telephone calls, phone banks and messaging such as SMS and MMS), or by any other means, about the hours or location of polling places, or about early voting or voting by absentee ballot;
Offering or arranging to transport, or actually transporting voters to the polls;
Any other activity that assists potential voters in voting.
A host committee is any local organization, such as a local civic association, business league, chamber of commerce, real estate board, board of trade, or convention bureau, that satisfies all of the following conditions:
It is not organized for profit;
Its net earnings do not inure to the benefit of any private shareholder or individual; and
Its principal purpose is the encouragement of commerce in the convention city, as well as the projection of a favorable image of the city to convention attendees.
A committee that, in addition to making contributions, establishes a separate bank account to deposit and withdraw funds raised in unlimited amounts from individuals, corporations, labor organizations and/or other political committees, consistent with the stipulated judgment in Carey v. FEC. The funds maintained in this separate account will not be used to make contributions, whether direct, in-kind or via coordinated communications, or coordinated expenditures, to federal candidates or committees.
For purposes of recordkeeping and reporting, a person’s full name and address and, in the case of an individual, his or her occupation (principal job title or position) and employer (organization or person by whom an individual is employed) as well. 11 CFR 100.12, 100.20 and 100.21.
A contribution of goods, services or property offered free or at less than the usual and normal charge. The term also includes payments made on behalf of, but not directly to, candidates and political committees (except for independent expenditures or non-coordinated communications). 11 CFR 100.52(d).
The ineligibility date shall be the date on which an individual ceases to be a candidate because he or she is not actively conducting campaigns in more than one state in connection with seeking the presidential nomination. This date shall be the earliest of:
The date the candidate publicly announces that he or she will not be actively conducting campaigns in more than one state; or
The date the candidate notifies the Commission by letter that he or she is not actively conducting campaigns in more than one state; or
The date which the Commission determines under 11 CFR 9033.6 to be the date that the candidate is not actively seeking election in more than one state.
The committee appointed by the President-elect to be in charge of the presidential inaugural ceremony and functions and activities connected with the inaugural ceremony. 11 CFR 104.21.
An expenditure for a communication
That expressly advocates the election or defeat of a clearly identified candidate and
That is not made in cooperation, consultation or concert with, or at the request or suggestion of, any candidate, or his or her authorized committees or agents, or a political party committee or its agents. 11 CFR 100.16.
A political committee that makes only independent expenditures that may solicit and accept unlimited contributions from individuals, corporations, labor organizations and other political committees. It may not accept contributions from foreign nationals, federal contractors, national banks or federally chartered corporations. See AO 2010-11. Such committees, popularly known as Super PACs, must register with the Commission and comply with all applicable reporting requirements of the Act.
Any visible or audible element associated with an internet public communication that is presented in a clear and conspicuous manner and gives notice to persons reading, observing, or listening to the internet public communication that they may read, observe, or listen to a disclaimer satisfying the requirements of 11 CFR 110.11(b) and (c)(1) through a mechanism. An indicator may take any form including, but not limited to, words, images, sounds, symbols, and icons.
A contribution made by more than one person, indicated by the signature of each contributor in writing. 11 CFR 110.1(k)(1).
Fundraising conducted jointly by a political committee and one or more other political committees or unregistered organizations. Joint fundraising is often conducted between a principal campaign committee and a political party committee.
A committee that has been set up for the purposes of fundraising for multiple committees at the same time or an existing committee that has been authorized to serve that purpose.
An organization, agency or employee representative committee or plan, in which employees participate and which exists for the purpose of dealing with employers on grievances, labor disputes, wages, hours of employment or working conditions. 11 CFR 114.1(d).
An individual lawfully admitted for permanent residence is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, U.S. Citizenship and Immigration Services (USCIS) grants a person a permanent resident card, commonly called a "Green Card."
A political committee that is directly or indirectly established, financed, maintained or controlled by a candidate or an individual holding federal office, but is not an authorized committee of the candidate or officeholder and is not affiliated with an authorized committee of a candidate or officeholder.
A category of funds raised by state, district and local party committees that may be spent for certain Federal Election Activities. Levin funds are donations from sources ordinarily prohibited by federal law but permitted by state law. 11 CFR 300.31 and 300.32.
A business entity that is recognized as a limited liability company under the laws of the state in which it is established. LLCs that are treated as partnerships under the IRS code may make contributions. LLCs that have publicly traded stock or are treated as corporations under the IRS code are prohibited from making contributions. 11 CFR 110.1(g).
A person who is a current registrant under the Lobbying Disclosure Act, or an individual who is named on a current registration or report filed under the Lobbying Disclosure Act. See 11 CFR 104.22.
Any political committee established or controlled by a person who is a current registrant under Lobbying Disclosure Act or an individual who is named on a current registration or report filed under the Lobbying Disclosure Act.
A political committee that, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of a political party at a level lower than the state level (e.g., city, county, ward). 11 CFR 100.14(b).
A local party organization is an organization that is responsible for a political party's activities below the state level (such as city, county or district level) but is not registered with the Federal Election Commission as a district or local party committee.
A political party whose candidate in the preceding presidential election received, as the candidate of such party, 25 percent or more of the popular vote. 11 CFR 9002.6 and 9008.2(c).
Partial public funding available to eligible presidential primary candidates in the form of matching payments. The federal government will match up to $250 of an individual's total contributions to an eligible candidate, provided that candidate shows broad-based public support and agrees to comply with spending limits. See 11 CFR Part 9033, Part 9034, Part 9035 and Part 9037.
Matching payment period means the period beginning January 1 of the calendar year in which a presidential general election is held and may not exceed one of the following dates:
For a candidate seeking the nomination of a party which nominates its presidential candidate at a national convention, the date on which the party nominates its candidate.
For a candidate seeking the nomination of a party which does not make its nomination at a national convention, the earlier of—1) The date the party nominates its presidential candidate, or 2) The last day of the last national convention held by a major party in the calendar year.
An FEC enforcement action, initiated by a sworn complaint or by an internal administrative action.
Any use of technology that enables the person reading, observing, or listening to an internet public communication to read, observe or listen to a disclaimer satisfying the requirements of 11 CFR 110.11 (b) and (c)(1) after no more than one action by the recipient of the internet public communication. A mechanism may take any form including, but not limited to, hover-over text, pop-up screens, scrolling text, rotating panels, and hyperlinks to a landing page.
With respect to a labor organization, a trade association, a cooperative or other incorporated membership organization, a member is an individual or other entity that:
Satisfies the requirements for membership in a membership organization;
affirmatively accepts the organization’s invitation to become a member; and
maintains a long-term and continuous bond with the organization by:
having a significant financial attachment, such as a significant investment or ownership stake;
paying annual dues; or
having direct participatory rights in the governance of the organization.
A way to mark a transaction so that the dollar amount is not incorporated into the total figure for the schedule.
A field offered in FECFile software and some commercial software to allow a committee to provide additional text to describe a particular transaction it is reporting.
For purposes of public funding, the term "minor party" means a political party whose presidential candidate in the preceding presidential election received five percent or more, but less than 25 percent, of the total number of popular votes received by all candidates for such office. See 11 CFR 9002.7.
A political action committee or party committee that has been registered at least six months, has more than 50 contributors and, with the exception of state party committees, has made contributions to at least five candidates for federal office. 11 CFR 100.5(e)(3).
A municipal fund is any fund or account of a government agency, municipality, or municipal corporation whose principal purpose is the encouragement of commerce in the municipality and whose receipt and use of funds is subject to the control of officials of the State or local government. 11 CFR 9008.50(c).
A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department.
An organization that, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of the political party at the national level, as determined by the Commission. 11 CFR 100.13.
A political committee established and maintained by a national political party. A party’s national committee, House campaign committee and Senate campaign committee are considered national party committees, as determined by the Commission. 11 CFR 110.1(c)(2); 110.2(c)(2); 110.3(b)(2).
The total of a campaign’s unpaid debts incurred with respect to an election plus estimated costs to liquidate the debts plus costs of terminating political activity (if appropriate) minus cash on hand and receivables. 11 CFR 110.1(b)(3)(ii).
The total of all outstanding obligations for qualified campaign expenses as of a publicly funded presidential candidate's date of ineligibility, plus estimated necessary winding down costs less the total of:
Cash on hand as of the close of business on the last day of eligibility;
The fair market value of capital assets and other assets on hand; and
Amounts owed to the committee in the form of credits, refunds of deposits, returns, receivables, or rebates of qualified campaign expenses; or a commercially reasonable amount based on the collectibility of those credits, returns, receivables or rebates.
For purposes of public funding, the term "new party" means a political party which is neither a major party nor a minor party. 11 CFR 9002.8.
A separate bank account to deposit and withdraw funds raised in unlimited amounts from individuals, corporations, labor organizations and/or other political committees, consistent with the stipulated judgment in Carey v. FEC. The funds maintained in this separate account will not be used to make contributions, whether direct, in-kind or via coordinated communications, or coordinated expenditures, to federal candidates or committees.
Any committee that conducts activities in connection with an election, but that is not a party committee, an authorized committee of any candidate for federal election, or a separate segregated fund. 11 CFR 106.6(a).
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Funds that are not subject to the limitations or prohibitions of the Federal Election Campaign Act. 11 CFR 300.2(k).
A political action committee or party committee that has NOT met all of these conditions: a) has been registered at least six months, b) has more than 50 contributors and, with the exception of state party committees, c) has made contributions to at least five candidates for federal office. See 11 CFR 100.5(e)(3).
The principal job title or position of an individual and whether or not self-employed. 11 CFR 100.20.
A formula used to ensure the treasury funds of a connected organization are not traded for voluntary contributions when the organization pays for prizes or entertainment to offer as an incentive to make a contribution to its SSF. Under the one-third rule, the SSF must reimburse the connected organization for costs that exceed one-third of the money raised. See 11 CFR 114.5(b)(2).
Any political committee that has not terminated and does not qualify as a terminating committee. 11 CFR 116.1(b).
A committee's day-to-day expenditures for items such as rent, overhead, administration, personnel, equipment, travel, advertising and fundraising.
In determining whether credit was extended in the ordinary course of business, the Commission will consider—
Whether the commercial vendor followed its established procedures and its past practice in approving the extension of credit;
Whether the commercial vendor received prompt payment in full if it previously extended credit to the same candidate or political committee; and
Whether the extension of credit conformed to the usual and normal practice in the commercial vendor's trade or industry.
Certain filers, like separate segregated funds and communication cost filers, identify the types of organizations they are connected with. These connected organizations can be identified as corporations, trade associations, labor organizations, cooperatives, membership organizations or corporations without capital stock.
A private delivery service business of established reliability that offers an overnight (next business day) delivery option.
A political committee that represents a political party and is part of the official party structure at the national, state or local level.
PASO is an acronym that stands for “Promote, Attack, Support or Oppose.” See, e.g., 11 CFR 100.24(b)(3).
An individual, partnership, political committee, corporation, labor organization or any other organization or group of persons, not including the federal government. 11 CFR 100.10.
The personal funds of a candidate include:
Assets which the candidate has a legal right of access to or control over, and which he or she has legal title to or an equitable interest in, at the time of candidacy;
Income from employment;
Dividends and interest from, and proceeds from sale or liquidation of, stocks and other investments;
Income from trusts, if established before the election cycle;
Income from trusts established by bequests (even after candidacy)
Bequests to the candidate;
Personal gifts that had been customarily received by the candidate prior to the beginning of the election cycle; and
Proceeds from lotteries and similar games of chance.
Popular term for a political committee that is neither a party committee nor an authorized committee of a candidate. PACs directly or indirectly established, administered or financially supported by a corporation or labor organization are called separate segregated funds (SSFs). PACs without such a corporate or labor sponsor are called nonconnected PACs.
An entity that meets one of the following conditions:
An authorized committee of a candidate (see definition of candidate)
Any club, association or other group of persons that receives contributions or makes expenditures, either of which aggregate over $1,000 during a calendar year
A local unit of a political party (except a state party committee) that: (1) receives contributions aggregating over $5,000 during a calendar year; (2) makes contributions or expenditures either of which aggregate over $1,000 during a calendar year or (3) makes payments aggregating over $5,000 during a calendar year for certain activities that are exempt from the definitions of contribution and expenditure (11 CFR 100.80, 100.87 and 100.89; 11 CFR 100.140, 100.149).
Any separate segregated fund upon its establishment. 11 CFR 100.5.
An association, committee or organization that nominates or selects a candidate for election to federal office whose name appears on the election ballot as the candidate of the organization.
A U.S. Postal Service postmark or the verifiable date of deposit with an overnight delivery service.
A special fund established by law into which dollars voluntarily designated by taxpayers on their federal income tax returns for the purpose of presidential public funding are deposited. Once the Federal Election Commission determines that eligibility requirements have been met, it certifies the amount of public funds to which the candidate is entitled. The U.S. Treasury then makes the actual payments from the Fund. See 11 CFR 9002.5 and 26 U.S.C. § 9006.
Public funding of presidential elections means that qualified presidential candidates may choose to receive federal government funds to pay for certain expenses of their political campaigns in both the primary and general elections. Prior to the 2016 presidential election, national political parties could also receive federal money for their national nominating conventions.
An authorized committee designated by a candidate as the principal committee to raise contributions and make expenditures for his or her campaign for a federal office.
A written request to a member corporation of a trade association to a member corporation for permission to solicit the member’s restricted class. This request for approval must inform the member corporation that corporate approval is necessary before the trade association or its SSF may conduct a solicitation and the corporation may not approve solicitations by another trade association for the same calendar year. 11 CFR 114.8(d)(3).
A public communication is promoted for a fee where a payment is made to a website, digital device, application, or advertising platform in order to increase the circulation, prominence, or availability of the communication on that website, digital device, application, or advertising platform. 11 CFR 100.26.
A communication by means of any broadcast, cable or satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing or telephone bank to the general public, or any other form of general public political advertising. The term general public political advertising does not include communications made over the internet, except for communications placed or promoted for a fee on another person’s website, digital device, application, or advertising platform. 11 CFR 100.26, 100.27 (definition of mass mailing) and 100.28 (definition of telephone bank).
Any expenditure, including a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value incurred by a publicly funded presidential candidate that meets certain conditions to be considered qualified and thus not subject to repayment of public funds. For primary candidates, the expenditure is a qualified campaign expense if:
It is incurred by or on behalf of a candidate or the candidate's authorized committees from the date the individual becomes a candidate through the last day of the candidate's eligibility as determined under 11 CFR 9033.5;
It is made in connection with his or her campaign for nomination; and
Neither the incurrence nor payment of which constitutes a violation of any law of the United States or of any law of any state in which the expense is incurred or paid, or of any regulation prescribed under such law of the United States or of any state.
For general election candidates, the expenditure is a qualified campaign expense if:
It is incurred to further a candidate's campaign for election to the office of President or Vice President of the United States;
It is incurred within the expenditure report period, as defined under 11 CFR 9002.12, or incurred before the beginning of such period to the extent such expenditure is for property, services or facilities to be used during such period; and
Neither the incurrence nor the payment of such expenditure constitutes a violation of any law of the United States, any law of the state in which such expense is incurred or paid, or any regulation prescribed under such federal or state law.
In the context of multicandidate political committees identified in FEC data reports and indices, the designation “qualified” or “non-qualified” reflects whether a political committee has satisfied the criteria for multicandidate political committee status (i.e., whether the committee has been registered for at least 6 months, received contributions from more than 50 persons, and made contributions to 5 or more federal candidates). Committees listed as “non-qualified” do not satisfy these requirements. See 11 CFR 100.5(e)(3).
In the course of its duties, the Commission may find "reason to believe that a person has committed, or is about to commit, a violation" of the Act. A "reason to believe" finding is not a finding that the respondent violated the Act, but instead simply means that the Commission believes a violation may have occurred. Such a finding is a precondition to opening an investigation into the alleged violation. 52 U.S.C. § 30109(a)(2).
The portion of an excessive contribution that has been attributed in writing to another contributor and signed by both contributors. 11 CFR 110.1(k)(3)(ii).
Anything of value (money, goods, services or property) received by a political committee.
With regard to contributions made to candidates, the portion of a contribution that has been designated by the contributor, in writing, to an election other than the one for which the funds were originally given. 11 CFR 110.1(b)(5).
A contribution is refunded when the recipient committee deposits the contribution and sends the contributor a check or similar draft, including electronic transfer, for the amount (or a portion) of the contribution. 11 CFR 103.3(b).
All committees registered with the FEC and other persons who make certain expenditures or disbursements are required to file reports, designations and statements that disclose their financial activity. The contents of those reports and statements, as well as the filing schedule, depend on the type of committee or organization, or the type of expenditure or disbursement made. See also "Filing.".
Those persons, including the executive and administrative personnel, members or stockholders (and the families of each) within a corporation or labor organization, who may be solicited for contributions to the organization’s separate segregated fund at any time and who may receive certain communications from the organization. 11 CFR 114.1(j); 114.3(a); 114.5(g); 114.7(a) and (h); and 114.8(c), (h) and (i).
A political committee established, administered or financially supported by a corporation or labor organization, popularly called a Corporate or Labor Political Action Committee (PAC). See 11 CFR 114.1(a)(2)(iii). The term "financially supported" does not include contributions to the SSF, but does include the payment of establishment, administration or solicitation costs. 11 CFR 100.6(c).
A statement that publicizes the SSF’s right to accept unsolicited contributions from any lawful contributor; provides information on how to contribute to the SSF; or encourages support for the SSF. AO 1984–55, n. 2; AOs 1979–66 and 1979–13.
A primary, general or runoff election that is not a regularly scheduled election and that is held to fill a vacant seat in the House of Representatives or the Senate. 100.2(f).
Couples married under state law, including same-sex couples, are "spouses" for the purpose of Commission regulations. AOs 2013-07 and 2013-06.
A committee which, by virtue of the bylaws of a political party or the operation of state law is part of the official party structure and is responsible for the day-to-day operation of the party at the state level, including an entity that is directly or indirectly established, financed, maintained or controlled by that organization, as determined by the Commission. 11 CFR 100.14(a).
Refers to whether the candidate is an incumbent, challenger or running unopposed.
A person who has a vested beneficial interest in stock, the power to direct how that stock is voted (if it is voting stock) and the right to receive dividends.11 CFR 114.1(h).
A political committee that makes only independent expenditures that may solicit and accept unlimited contributions from individuals, corporations, labor organizations and other political committees. It may not accept contributions from foreign nationals, federal contractors, national banks or federally chartered corporations. See AO 2010-11. Such committees, also known as independent expenditure only committees, must register with the Commission and comply with all applicable reporting requirements of the Act.
A political committee that is winding down its activities in preparation for filing a termination report. A terminating committee has ceased to make or receive contributions or make expenditures (other than for debt retirement purposes or winding-down costs). 11 CFR 116.1(a).
For purposes of 11 CFR Part 300, to direct means to guide, directly or indirectly, a person who has expressed an intent to make a contribution, donation, transfer of funds or otherwise provide anything of value, by identifying a candidate, political committee or organization for the receipt of such funds or things of value. The contribution, donation, transfer or thing of value may be provided directly or through an intermediary. Direction does not include merely providing information or guidance as to the applicability of a particular law or regulation. 11 CFR 300.2(n).
For the purposes of 11 CFR Part 300, to solicit means to ask, request or recommend, explicitly or implicitly, that another person make a contribution, donation, transfer of funds or otherwise provide anything of value. A solicitation is an oral or written communication that, construed as reasonably understood in the context in which it is made, contains a clear message asking, requesting or recommending that a person make a contribution, donation, transfer of funds or otherwise provide anything of value. A solicitation may be made directly or indirectly. The context includes the conduct of persons involved in the communication. A solicitation does not include mere statements of political support or mere guidance as to the applicability of a particular law or regulation. 11 CFR 300.2(m).
The sum of all purchases and payments made during a filing period by a political committee or any other person, including an organization that is not a political committee that is subject to the Federal Election Campaign Act.
The sum of all contributions and other receipts received by a committee during a filing period.
A membership organization consisting of persons engaged in a similar or related line of commerce. A trade association is organized to promote and improve business conditions in that line of commerce and not to engage in a regular business for profit. No part of the net earnings of a trade association may inure to the benefit of any member.
Required for every political committee. The treasurer is responsible for filing the committee's registration form, depositing receipts, authorizing expenditures, monitoring contributions, keeping records, signing all reports and statements and filing all reports and statements on time.
Funds of a corporation or labor organization that are derived from commercial activities or dues payments. Treasury funds may be used for the establishment, administrative and fundraising costs of the organization’s separate segregated fund, as well as for making independent expenditures and contributing to Super PACs and the non-contribution accounts of Hybrid PACs. See 11 CFR 114.5(b) and 114.10.
The term U.S. National means an individual who is a U.S. citizen or an individual who, although not a U.S. citizen, owes permanent allegiance to the United States. 31 CFR § 800.253. For example, certain persons born in outlying possessions of the United States are U.S. Nationals but not U.S. citizens. 8 U.S.C.1408.
The United States Code (U.S.C.) contains the federal statutory laws of the United States, arranged into 54 broad titles according to subject matter. The FEC administers the campaign finance laws found in Title 52 and the portions of Title 26 of the United States Code concerning public financing of presidential election campaigns.
Contributors may designate contributions for a particular election by indicating in writing the specific election to which they intend a contribution to apply. A contribution that is not designated by the contributor for a specific election is an undesignated contribution. Undesignated contributions count against the donor’s contribution limits for the candidate’s next election. 11 CFR 110.1(b)(2).
A unique title or code assigned by a party committee to each program or event for which it reports an allocation ratio. Party committees must use that identifier consistently when reporting the activity. 11 CFR 104.17(b)(1)(iii).
With regard to goods provided to a political committee, the term refers to the price of those goods in the market from which they ordinarily would have been purchased at the time they were provided. With regard to services, the term refers to the hourly or piecework charge for the services at a commercially reasonable rate prevailing at the time the services were rendered. 11 CFR 100.52(d)(2).
Voter identification, voter registration and get-out-the-vote-drives, or any other activities that urge the general public to register or vote, or that promote or oppose a political party, without promoting any federal or nonfederal candidate, that do not qualify as FEA. This is a category of allocable activity for mixed federal/nonfederal party activity sometimes also referred to as a “generic voter drive.” 11 CFR 106.7(c)(5).
With regard to FEA, this means acquiring information about potential voters, including, but not limited to, obtaining voter lists and creating or enhancing voter lists by verifying or adding information about the voters’ likelihood of voting in an upcoming election or voting for specific candidates. 11 CFR 100.24(a)(4).
In regard to FEA, voter registration activity encompasses all means of contacting potential voters to assist, encourage or urge them to register to vote. This activity includes, but is not limited to:
Encouraging or urging potential voters to register to vote, whether by mail (including direct mail), email, in person, by telephone (including pre-recorded telephone calls, phone banks and messaging such as SMS and MMS), or by any other means;
Preparing and distributing information about registration and voting;
Distributing voter registration forms or instructions to potential voters;
Answering questions about how to complete or file a voter registration form, or assisting potential voters in completing or filing such forms;
Submitting or delivering a completed voter registration form on behalf of a potential voter;
Offering or arranging to transport, or actually transporting potential voters to a board of elections or county clerk’s office for them to fill out voter registration forms; or
any other activity that assists potential voters to register to vote.
A check written on a personal, escrow or trust account representing or containing the contributor's personal funds; a money order; any similar negotiable instrument; or, for contributions by credit or debit card, a paper record, or an electronic record that can be reproduced on paper, of the transaction. In the case of a contribution by a credit card or debit card, "written instrument" includes either a transaction slip or other writing signed by the cardholder, or in the case of such a contribution made over the internet, an electronic record of the transaction created and transmitted by the cardholder, and including the name of the cardholder, which can be maintained electronically and reproduced in a written form by the recipient candidate or candidate's committee. See 11 CFR 9034.2(b).
