[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: 11CFR9034.10]

[Page 357-358]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 9034_ENTITLEMENTS--Table of Contents
 
Sec.  9034.10  Pre-candidacy payments by multicandidate political committees 

deemed in-kind contributions and qualified campaign expenses; effect of 

reimbursement.

    (a) A payment by a multicandidate political committee is an in-kind 
contribution to, and qualified campaign expense by, a Presidential 
candidate, even though made before the individual becomes a candidate 
under 11 CFR 100.3 and 9032.2, if--
    (1) The expenditure is made on or after January 1 of the year 
immediately following the last Presidential election year;
    (2) With respect to the goods or services involved, the candidate 
accepted or received them, requested or suggested their provision, was 
materially involved in the decision to provide them, or was involved in 
substantial discussions about their provision; and
    (3) The goods or services are--
    (i) Polling expenses for determining the favorability, name 
recognition, or relative support level of the candidate involved;
    (ii) Compensation paid to employees, consultants, or vendors for 
services rendered in connection with establishing and staffing offices 
in States where Presidential primaries, caucuses, or preference polls 
are to be held, other than offices in the candidate's home state and in 
or near the District of Columbia;
    (iii) Administrative expenses, including rent, utilities, office 
supplies and equipment, in connection with establishing and staffing 
offices in States where Presidential primaries, caucuses, or preference 
polls are to be held, other than offices in the candidate's home state 
and in or near the District of Columbia; or

[[Page 358]]

    (iv) Expenses of individuals seeking to become delegates in the 
Presidential nomination process.
    (b) Notwithstanding paragraph (a) of this section, if the candidate, 
through an authorized committee, reimburses the multicandidate political 
committee within 30 days of becoming a candidate, the payment shall not 
be deemed an in-kind contribution for either entity, and the 
reimbursement shall be an expenditure and a qualified campaign expense 
of the candidate.

[68 FR 47419, Aug. 8, 2003]