[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: 11CFR9036.5]

[Page 351-352]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 9036--REVIEW OF MATCHING FUND SUBMISSIONS AND CERTIFICATION OF PAYMENTS BY COMMISSION--Table of Contents
 
Sec. 9036.5  Resubmissions.

    (a) Alternative resubmission methods. Upon receipt of the 
Commission's notice of the results of the submission review pursuant to 
11 CFR 9036.4(b), or of an inquiry pursuant to 11 CFR 9039.3 that 
results in a downward adjustment to the amount of certified matching 
funds, a candidate may choose to:
    (1) Resubmit the entire submission; or
    (2) Make a written request for the identification of the specific 
contributions that were rejected for matching, and resubmit those 
specific contributions.
    (b) Time for presentation of resubmissions. If the candidate chooses 
to resubmit any contributions under 11 CFR 9036.5(a), the contributions 
shall be resubmitted on dates to be determined and published by the 
Commission. The candidate may not make any resubmissions later than the 
first Tuesday in September of the year following the Presidential 
election year.
    (c) Format for resubmissions. All resubmissions filed by the 
candidate shall be made in accordance with the Federal Election 
Commission's Guideline for Presentation in Good Order. In making a 
presentation of resubmitted contributions, the candidate shall follow 
the format requirements as specified in 11 CFR 9036.2(b)(1), except 
that:

[[Page 352]]

    (1) The candidate need not provide photocopies of written 
instruments, supporting documentation and bank documentation unless it 
is necessary to supplement the original documentation.
    (2) Each resubmitted contribution shall be referenced to the 
submission in which it was first presented.
    (3) Each list of resubmitted contributions shall reflect the 
aggregate amount of contributions submitted for matching from each 
contributor as of the date of the original submission.
    (4) Each list of resubmitted contributions shall reflect the 
aggregate amount of contributions submitted for matching from each 
contributor as of the date of the resubmission.
    (5) Each list of resubmitted contributions shall only contain 
contributions previously submitted for matching and no new or additional 
contributions.
    (6) Each resubmission shall be accompanied by a statement that the 
candidate has corrected his or her contributor records (including the 
data base for those candidates maintaining their contributor list on 
computer).
    (d) Certification of resubmitted contributions. Contributions that 
the Commission determines to be matchable will be certified to the 
Secretary at least once a month on dates to be determined and published 
by the Commission. If the candidate chooses to request the specific 
contributions rejected for matching pursuant to 11 CFR 9036.5(a)(2), the 
amount certified shall equal only the matchable amount of the particular 
contribution that meets the standards on resubmission, rather than the 
amount projected as being nonmatchable based on that contribution due to 
the sampling techniques used in reviewing the original submission.
    (e) Initial determinations. If the candidate resubmits a 
contribution for matching and the Commission determines that the 
rejected contribution is still non-matchable, the Commission will notify 
the candidate in writing of its determination. The Commission will 
advise the candidate of the legal and factual reasons for its 
determination and of the evidence on which that determination is based. 
The candidate may submit written legal or factual materials to 
demonstrate that the contribution is matchable within 30 calendar days 
after service of the Commission's notice. Such materials may be 
submitted by counsel if the candidate so desires.
    (f) Final determinations. The Commission will consider any written 
legal or factual materials timely submitted by the candidate in making 
its final determination. A final determination by the Commission that a 
contribution is not matchable will be accompanied by a written statement 
of reasons for the Commission's action. This statement will explain the 
reasons underlying the Commission's determination and will summarize the 
results of any investigation upon which the determination is based.

[56 FR 34134, July 25, 1991 and 56 FR 35941, July 29, 1991; 60 FR 31885, 
June 16, 1995]