[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR106.1]

[Page 106-107]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 106--ALLOCATIONS OF CANDIDATE AND COMMITTEE ACTIVITIES--Table of Contents
 
Sec. 106.1  Allocation of expenses between candidates.

    (a) General rule. (1) Expenditures, including in-kind contributions, 
independent expenditures, and coordinated expenditures made on behalf of 
more than one clearly identified federal candidate shall be attributed 
to each such candidate according to the benefit reasonably expected to 
be derived. For example, in the case of a publication or broadcast 
communication, the attribution shall be determined by the proportion of 
space or time devoted to each candidate as compared to the total space 
or time devoted to all candidates. In the case of a fundraising program 
or event where funds are collected by one committee for more than one 
clearly identified candidate, the attribution shall be determined by the 
proportion of funds received by each candidate as compared to the total 
receipts by all candidates. These methods shall also be used to allocate 
payments involving both expenditures on behalf of one or more clearly 
identified federal candidates and disbursements on behalf of one or more 
clearly identified non-federal candidates.
    (2) An expenditure made on behalf of more than one clearly 
identified federal candidate shall be reported pursuant to 11 CFR 
104.10(a). A payment that also includes amounts attributable to one or 
more non-federal candidates, and that is made by a political committee 
with separate federal and non-federal accounts, shall be made according 
to the procedures set forth in 11 CFR 106.5(g) or 106.6(e), as 
appropriate, but shall be reported pursuant to 11 CFR 104.10(a).
    (b) An authorized expenditure made by a candidate or political 
committee on behalf of another candidate shall be reported as a 
contribution in-kind (transfer) to the candidate on whose behalf the 
expenditure was made, except that expenditures made by party committees 
pursuant to Sec. 110.7 need only be reported as an expenditure.
    (c) Exceptions:
    (1) Expenditures for rent, personnel, overhead, general 
administrative, fund-raising, and other day-to-day costs of political 
committees need not be attributed to individual candidates, unless these 
expenditures are made on behalf of a clearly identified candidate and 
the expenditure can be directly attributed to that candidate.
    (2) Expenditures for educational campaign seminars, for training of 
campaign workers, and for registration or get-out-the-vote drives of 
committees need not be attributed to individual candidates unless these 
expenditures are made on behalf of a clearly identified candidate, and 
the expenditure can be directly attributed to that candidate.
    (3) Payments made for the cost of certain voter registration and 
get-out-the-vote activities conducted by State or local party 
organizations on behalf of any Presidential or Vice-Presidential 
candidate(s) are exempt from the definition of a contribution or an 
expenditure under 11 CFR 100.7(b)(17) and 100.8(b)(18). If the State or 
local party organization includes references to any candidate(s) seeking 
nomination or election to the House of Representatives or Senate of the 
United States the portion of the cost of such activities allocable to 
such candidate(s) shall be considered a contribution to or an 
expenditure on behalf of such candidate(s), unless such reference is 
incidental to the overall activity. If such reference is incidental to 
the overall activity, such costs shall not be considered a contribution 
to or

[[Page 107]]

expenditure on behalf of any candidate(s).
    (d) For purposes of this section, clearly identified shall have the 
same meaning as set forth at 11 CFR 100.17.
    (e) Party committees, separate segregated funds, and nonconnected 
committees that make disbursements for administrative expenses, 
fundraising, exempt activities, or generic voter drives in connection 
with both federal and non-federal elections shall allocate their 
expenses in accordance with Sec. 106.5 or Sec. 106.6, as appropriate.

(2 U.S.C. 438(a)(8))

[41 FR 35944, Aug. 25, 1976, as amended at 45 FR 15117, Mar. 7, 1980; 45 
FR 21209, Apr. 1, 1980; 55 FR 26069, June 26, 1990; 60 FR 35305, July 6, 
1995]