[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: 11CFR300.52]

[Page 263-264]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 300_NON-FEDERAL FUNDS--Table of Contents
 
                   Subpart C_Tax-Exempt Organizations
 
Sec.  300.52  Fundraising by Federal candidates and Federal 
officeholders (2 U.S.C. 441i(e)(1)&(4)).

    A Federal candidate, an individual holding Federal office, and an 
individual agent acting on behalf of either may make the following 
solicitations of funds on behalf of any organization described in 26 
U.S.C. 501(c) and exempt from taxation under 26 U.S.C. 501(a), or an 
organization that has submitted an application for determination of tax-
exempt status under 26 U.S.C. 501(c):
    (a) General solicitations. A Federal candidate, an individual 
holding Federal office, or an individual agent acting on behalf of 
either, may make a general solicitation of funds, without regard to 
source or amount limitation, if:
    (1) The organization does not engage in activities in connection 
with an election, including any activity described in paragraph (c) of 
this section; or
    (2)(i) The organization conducts activities in connection with an 
election, but the organization's principal purpose is not to conduct 
election activities or any activity described in paragraph (c) of this 
section; and
    (ii) The solicitation is not to obtain funds for activities in 
connection with an election or any activity described in paragraph (c) 
of this section.
    (b) Specific solicitations. A Federal candidate, an individual 
holding Federal office, or an individual agent acting on behalf of 
either, may make a solicitation explicitly to obtain funds for any 
activity described in paragraph (c) of this section or for an 
organization whose principal purpose is to conduct that activity, if:
    (1) The solicitation is made only to individuals; and
    (2) The amount solicited from any individual does not exceed $20,000 
during any calendar year.
    (c) Voter registration, voter identification, get-out-the-vote 
activity and generic campaign activity. This section applies to only the 
following types of Federal election activity:
    (1) Voter registration activity, as described in 11 CFR 
100.24(a)(2), during the period that begins on the date that is 120 days 
before the date a regularly scheduled Federal election is held and ends 
on the date of the election; or
    (2) The following activities conducted in connection with an 
election in which one or more Federal candidates appear on the ballot 
(see 11 CFR 100.24(a)(1)), regardless of whether one or more State 
candidates also appears on the ballot:
    (i) Voter identification as described in 11 CFR 100.24(a)(4);
    (ii) Get-out-the-vote activity as described in 11 CFR 100.24(a)(3); 
or

[[Page 264]]

    (iii) Generic campaign activity as defined in 11 CFR 100.25.
    (d) Prohibited solicitations. A Federal candidate, an individual 
holding Federal office, and an individual who is an agent acting on 
behalf of either, must not make any solicitation on behalf of any 
organization described in 26 U.S.C. 501(c) and exempt from taxation 
under 26 U.S.C. 501(a), or an organization that has submitted an 
application for determination of tax-exempt status under 26 U.S.C. 
501(c) for any election activity other than a Federal election activity 
as described in paragraph (c) of this section.
    (e) Safe Harbor. In determining whether a 501(c) organization is one 
whose principal purpose is to conduct election activities, including 
activity described in paragraph (c) of this section, a Federal 
candidate, an individual holding Federal office, or an individual agent 
acting on behalf of either, may obtain and rely upon a certification 
from the organization that satisfies the following criteria:
    (1) The certification is a signed written statement by an officer or 
other authorized representative of the organization with knowledge of 
the organization's activities;
    (2) The certification states that the organization's principal 
purpose is not to conduct election activities, including election 
activity described in paragraph (c) of this section; and
    (3) The certification states that the organization does not intend 
to pay debts incurred from the making of expenditures or disbursements 
in connection with an election for Federal office (including for Federal 
election activity) in a prior election cycle.
    (f) If a Federal candidate, an individual holding Federal office, or 
an individual agent acting on behalf of either has actual knowledge that 
the certification is false, the certification may not be relied upon.