[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR104.20]

[Page 123-124]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 104--REPORTS BY POLITICAL COMMITTEES (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 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;

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    (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]