[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: 11CFR9033.11]

[Page 328-329]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 9033--ELIGIBILITY FOR PAYMENTS--Table of Contents
 
Sec. 9033.11  Documentation of disbursements.

    (a) Burden of proof. Each candidate shall have the burden of proving 
that disbursements made by the candidate or his or her authorized 
committee(s) or persons authorized to make expenditures on behalf of the 
candidate or authorized committee(s) are qualified campaign expenses as 
defined in 11 CFR 9032.9. The candidate and his or her authorized 
committee(s) shall obtain and furnish to the Commission on request any 
evidence regarding qualified campaign expenses made by the candidate, 
his or her authorized committees and agents or persons authorized to 
make expenditures on behalf of the candidate or committee(s) as provided 
in paragraph (b) of this section.
    (b) Documentation required. (1) For disbursements in excess of $200 
to a payee, the candidate shall present a canceled check negotiated by 
the payee and either:
    (i) A receipted bill from the payee that states the purpose of the 
disbursement; or
    (ii) If such a receipt is not available,
    (A) One of the following documents generated by the payee: a bill, 
invoice, or voucher that states the purpose of the disbursement; or
    (B) Where the documents specified in paragraph (b)(1)(ii)(A) of this 
section are not available, a voucher or contemporaneous memorandum from 
the candidate or the committee that states the purpose of the 
disbursement; or
    (iii) Where the supporting documentation required in paragraphs 
(b)(1) (i) or (ii) of this section is not available, the candidate or 
committee may present collateral evidence to document the qualified 
campaign expense. Such collateral evidence may include, but is not 
limited to:
    (A) Evidence demonstrating that the expenditure is part of an 
identifiable program or project which is otherwise sufficiently 
documented such as a disbursement which is one of a number of documented 
disbursements relating to a campaign mailing or to the operation of a 
campaign office; or
    (B) Evidence that the disbursement is covered by a pre-established 
written campaign committee policy, such as a daily travel expense 
policy.
    (iv) If the purpose of the disbursement is not stated in the 
accompanying documentation, it must be indicated on the canceled check 
negotiated by the payee.
    (2) For all other disbursements, the candidate shall present:

[[Page 329]]

    (i) A record disclosing the full name and mailing address of the 
payee, the amount, date and purpose of the disbursement, if made from a 
petty cash fund; or
    (ii) A canceled check negotiated by the payee that states the full 
name and mailing address of the payee, and the amount, date and purpose 
of the disbursement.
    (3) For purposes of this section:
    (i) Payee means the person who provides the goods or services to the 
candidate or committee in return for the disbursement; except that an 
individual will be considered a payee under this section if he or she 
receives $1000 or less advanced for travel and/or subsistence and if the 
individual is the recipient of the goods or services purchased.
    (ii) Purpose means the full name and mailing address of the payee, 
the date and amount of the disbursement, and a brief description of the 
goods or services purchased. Examples of acceptable and unacceptable 
descriptions of goods and services purchased are listed at 11 CFR 
104.3(b)(3)(i)(B).
    (c) Retention of records. The candidate shall retain records with 
respect to each disbursement and receipt, including bank records, 
vouchers, worksheets, receipts, bills and accounts, journals, ledgers, 
fundraising solicitation material, accounting systems documentation, and 
any related materials documenting campaign receipts and disbursements, 
for a period of three years pursuant to 11 CFR 102.9(c), and shall 
present these records to the Commission on request.
    (d) List of capital and other assets--(1) Capital assets. The 
candidate or committee shall maintain a list of all capital assets whose 
purchase price exceeded $2000 when acquired by the campaign. The list 
shall include a brief description of each capital asset, the purchase 
price, the date it was acquired, the method of disposition and the 
amount received in disposition. For purposes of this section, ``capital 
asset'' shall be defined in accordance with 11 CFR 9034.5(c)(1).
    (2) Other assets. The candidate or committee shall maintain a list 
of other assets acquired for use in fundraising or as collateral for 
campaign loans, if the aggregate value of such assets exceeds $5000. The 
list shall include a brief description of each such asset, the fair 
market value of each asset, the method of disposition and the amount 
received in disposition. The fair market value of other assets shall be 
determined in accordance with 11 CFR 9034.5(c)(2).

[60 FR 31881, June 16, 1995, as amended at 64 FR 49363, Sept. 13, 1999]