[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR114.9]

[Page 230-231]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 114_CORPORATE AND LABOR ORGANIZATION ACTIVITY--Table of Contents
 
Sec.  114.9  Use of corporate or labor organization facilities.

    (a) Use of corporate facilities for individual volunteer activity by 
stockholders and employees.
    (1) Stockholders and employees of the corporation may, subject to 
the rules and practices of the corporation and 11 CFR 100.54, make 
occasional, isolated, or incidental use of the facilities of a 
corporation for individual volunteer activity in connection with a 
Federal election and will be required to reimburse the corporation only 
to the extent that the overhead or operating costs of the corporation 
are increased. A corporation may not condition the availability of its 
facilities on their being used for political activity, or on support for 
or opposition to any particular candidate or political party. As used in 
this paragraph, occasional, isolated, or incidental use generally 
means--
    (i) When used by employees during working hours, an amount of 
activity which does not prevent the employee from completing the normal 
amount of work which that employee usually carries out during such work 
period; or
    (ii) When used by stockholders other than employees during the 
working period, such use does not interfere with the corporation in 
carrying out its normal activities.
    (2) Safe harbor. For the purposes of paragraph (a)(1) of this 
section, the following shall be considered occasional, isolated, or 
incidental use of corporate facilities:
    (i) Any individual volunteer activity that does not exceed one hour 
per week or four hours per month, regardless of whether the activity is 
undertaken during or after normal working hours; or
    (ii) Any such activity that constitutes voluntary individual 
Internet activities (as defined in 11 CFR 100.94), in excess of one hour 
per week or four hours per month, regardless of whether the activity is 
undertaken during or after normal working hours, provided that:
    (A) As specified in 11 CFR 100.54, the activity does not prevent the 
employee from completing the normal amount of work for which the 
employee is paid or is expected to perform;
    (B) The activity does not increase the overhead or operating costs 
of the corporation; and
    (C) The activity is not performed under coercion.
    (3) A stockholder or employee who makes more than occasional, 
isolated, or incidental use of a corporation's facilities for individual 
volunteer activities in connection with a Federal election is required 
to reimburse the corporation within a commercially reasonable time for 
the normal and usual rental charge, as defined in 11 CFR 100.52(d)(2), 
for the use of such facilities.
    (b) Use of labor organization facilities for individual volunteer 
activity by officials, members, and employees.
    (1) The officials, members, and employees of a labor organization 
may, subject to the rules and practices of

[[Page 231]]

the labor organization and 11 CFR 100.54, make occasional, isolated, or 
incidental use of the facilities of a labor organization for individual 
volunteer activity in connection with a Federal election and will be 
required to reimburse the labor organization only to the extent that the 
overhead or operating costs of the labor organization are increased. A 
labor organization may not condition the availability of its facilities 
on their being used for political activity, or on support for or 
opposition to any particular candidate or political party. As used in 
this paragraph, occasional, isolated, or incidental use generally 
means--
    (i) When used by employees during working hours, an amount of 
activity during any particular work period which does not prevent the 
employee from completing the normal amount of work which that employee 
usually carries out during such work period; or
    (ii) When used by members other than employees during the working 
period, such use does not interfere with the labor organization in 
carrying out its normal activities.
    (2) Safe harbor. For the purposes of paragraph (b)(1) of this 
section, the following shall be considered occasional, isolated, or 
incidental use of labor organization facilities:
    (i) Any individual volunteer activity that does not exceed one hour 
per week or four hours per month, regardless of whether the activity is 
undertaken during or after normal working hours; or
    (ii) Any such activity that constitutes voluntary individual 
Internet activities (as defined in 11 CFR 100.94), in excess of one hour 
per week or four hours per month, regardless of whether the activity is 
undertaken during or after normal working hours, provided that:
    (A) As specified in 11 CFR 100.54, the activity does not prevent the 
employee from completing the normal amount of work for which the 
employee is paid or is expected to perform;
    (B) The activity does not increase the overhead or operating costs 
of the labor organization; and
    (C) The activity is not performed under coercion.
    (3) The officials, members, and employees who make more than 
occasional, isolated, or incidental use of a labor organization's 
facilities for individual volunteer activities in connection with a 
Federal election are required to reimburse the labor organization within 
a commercially reasonable time for the normal and usual rental charge, 
as defined in 11 CFR 100.52(d)(2), for the use of such facilities.
    (c) Use of corporate or labor organization facilities to produce 
materials. Any person who uses the facilities of a corporation or labor 
organization to produce materials in connection with a Federal election 
is required to reimburse the corporation or labor organization within a 
commercially reasonable time for the normal and usual charge for 
producing such materials in the commercial market.
    (d) Use or rental of corporate or labor organization facilities by 
other persons. Persons, other than those specifically mentioned in 
paragraphs (a) and (b) of this section, who make any use of corporate or 
labor organization facilities, such as by using telephones or 
typewriters or borrowing office furniture, for activity in connection 
with a Federal election are required to reimburse the corporation or 
labor organization within a commercially reasonable time in the amount 
of the normal and usual rental charge, as defined in 11 CFR 
100.52(d)(2), for the use of the facilities.
    (e) Nothing in this section shall be construed to alter the 
provisions in 11 CFR Part 114 regarding communications to and beyond a 
restricted class.

[41 FR 35955, Aug. 25, 1976, as amended at 45 FR 21210, Apr. 1, 1980; 67 
FR 78681, 78682, Dec. 26, 2002; 68 FR 69595, Dec. 15, 2003; 71 FR 18614, 
Apr. 4, 2006]