[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR106.1]

[Page 128-129]
 
                       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. In the case of a phone bank, the attribution 
shall be determined by the number of questions or statements devoted to 
each candidate as compared to the total number of questions or 
statements devoted to 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) or 104.17(a), as appropriate. 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 
106.6(e) or 106.7(f), but shall be reported pursuant to 11 CFR 104.10(a) 
or 104.17(a). If a State, district, or local party committee's payment 
on behalf of both a Federal candidate and a non-Federal candidate is for 
a Federal election activity, only Federal funds may be used for the 
entire payment. For Federal election activities, the provisions of 11 
CFR 300.33 and 104.17(a) will apply to payments attributable to 
candidates.
    (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.  109.32 or 109.33 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 100.89 and 100.149. 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

[[Page 129]]

activity, such costs shall not be considered a contribution to or 
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) State, district, and local party committees, separate segregated 
funds, and nonconnected committees that make mixed Federal/non-Federal 
payments for activities other than an activity entailing an expenditure 
for a Federal candidate and disbursement for a non-Federal candidate, or 
that make mixed Federal/Levin fund payments, shall allocate those 
expenses in accordance with 11 CFR 106.6, 106.7, or 300.33, 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; 67 FR 49115, July 29, 2002; 67 FR 78681, Dec. 26, 2002]