[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR9003.4]

[Page 292-293]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 9003_ELIGIBILITY FOR PAYMENTS--Table of Contents
 
Sec.  9003.4  Expenses incurred prior to the beginning of the expenditure 

report period or prior to receipt of Federal funds.

    (a) Permissible expenditures. (1) A candidate may incur expenditures 
before the beginning of the expenditure report period, as defined at 11 
CFR 9002.12, if such expenditures are for property, services or 
facilities which are to be used in connection with his or her general 
election campaign and which are for use during the expenditure report 
period. Such expenditures will be considered qualified campaign 
expenses. Examples of such expenditures include but are not limited to: 
Expenditures for establishing financial accounting systems and 
expenditures for organizational planning. Expenditures for polling that 
are incurred before the start of the expenditure report period are 
attributed as provided in 11 CFR 9034.4(e)(2).
    (2) A candidate may incur qualified campaign expenses prior to 
receiving payments under 11 CFR part 9005.
    (b) Sources. (1) A candidate may obtain a loan which meets the 
requirements of 11 CFR 100.82 for loans in the ordinary course of 
business to defray permissible expenditures described in 11 CFR 
9003.4(a). A candidate receiving payments equal to the expenditure 
limitation in 11 CFR 110.8 shall make full repayment of principal and 
interest on such loans from payments received by the candidate under 11 
CFR part 9005 within 15 days of receiving such payments.
    (2) A major party candidate may borrow from his or her legal and 
accounting compliance fund for the purposes of defraying permissible 
expenditures described in 11 CFR 9003.4(a). All amounts borrowed from 
the legal and accounting compliance fund must be restored to such fund 
after the beginning of the expenditure report period either from federal 
funds received under 11 CFR

[[Page 293]]

part 9005 or private contributions received under 11 CFR 9003.3(b). For 
candidates receiving federal funds, restoration shall be made within 15 
days after receipt of such funds.
    (3) A minor or new party candidate may defray such expenditures from 
contributions received in accordance with 11 CFR 9003.3(c).
    (4)(i) A candidate who has received federal funding under 11 CFR 
part 9031 et seq., may borrow from his or her primary election 
committee(s) an amount not to exceed the residual balance projected to 
remain in the candidate's primary account(s) on the basis of the formula 
set forth at 11 CFR 9038.3(c). A major party candidate receiving 
payments equal to the expenditure limitation shall reimburse amounts 
borrowed from his or her primary committee(s) from payments received by 
the candidate under 11 CFR part 9005 within 15 days of such receipt.
    (ii) A candidate who has not received federal funding during the 
primary campaign may borrow at any time from his or her primary 
account(s) to defray such expenditures, provided that a major party 
candidate receiving payments equal to the expenditure limitation shall 
reimburse all amounts borrowed from his or her primary committee(s) from 
payments received by the candidate under 11 CFR part 9005 within 15 days 
of such receipt.
    (5) A candidate may use personal funds in accordance with 11 CFR 
9003.2(c), up to his or her $50,000 limit, to defray such expenditures.
    (c) Deposit and disclosure. Amounts received or borrowed by a 
candidate under 11 CFR 9003.4(b) to defray expenditures permitted under 
11 CFR 9003.4(a) shall be deposited in a separate account to be used 
only for such expenditures. All receipts and disbursements from such 
account shall be reported pursuant to 11 CFR 9006.1(a) and documented in 
accordance with 11 CFR 9003.5

[56 FR 35913, July 29, 1991, as amended at 60 FR 31874, June 16, 1995; 
67 FR 78682, Dec. 26, 2002]