[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: 11CFR300.51]

[Page 270-271]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 300_NON-FEDERAL FUNDS--Table of Contents
 
                   Subpart C_Tax-Exempt Organizations
 
Sec.  300.51  Prohibited fundraising by State, district, or local party 
committees (2 U.S.C. 441i(d)).

    (a) Prohibitions. A State, district or local committee of a 
political party must not solicit any funds for, or make or direct any 
donations of non-Federal funds, including Levin funds, to:
    (1) An organization that is described in 26 U.S.C. 501(c) and exempt 
from taxation under section 26 U.S.C. 501(a) and that makes expenditures 
or disbursements in connection with an election for Federal office, 
including expenditures or disbursements for Federal election activity;
    (2) An organization that has submitted an application for tax-exempt 
status under 26 U.S.C. 501(c) and that makes expenditures or 
disbursements in connection with an election for Federal office, 
including expenditures or disbursements for Federal election activity; 
or
    (3) An organization described in 26 U.S.C. 527, unless the 
organization is:
    (i) A political committee under 11 CFR 100.5;
    (ii) A State, district, or local committee of a political party;
    (iii) The authorized campaign committee of a State or local 
candidate; or
    (iv) A political committee under State law, that supports only State 
or local candidates and that does not make expenditures or disbursements 
in connection with an election for Federal office, including 
expenditures or disbursements for Federal election activity.

[[Page 271]]

    (b) Application. This section also applies to:
    (1) An officer or agent acting on behalf of a State, district, or 
local committee of a political party;
    (2) An entity that is directly or indirectly established, financed, 
maintained or controlled by a State, district or local committee of a 
political party or an officer or agent acting on behalf of such an 
entity; or
    (3) An entity that is directly or indirectly established, financed, 
maintained, or controlled by an agent of a State, district, or local 
committee of a political party.
    (c) Determining whether an organization makes expenditures or 
disbursements in connection with a Federal election. (1) In determining 
whether a section 501(c) organization is one that makes expenditures or 
disbursements in connection with a Federal election, including 
expenditures or disbursements for Federal election activity, pursuant to 
paragraphs (a)(1) and (2) of this section, a State, district, or local 
committee of a political party or any other person described in 
paragraph (b) of this section, may obtain and rely upon a certification 
from the organization that satisfies the criteria described in paragraph 
(d) of this section.
    (2) In determining whether a section 527 organization is a State-
registered political committee that supports only State or local 
candidates and does not make expenditures or disbursements in connection 
with a Federal election, including expenditures or disbursements for 
Federal election activity, pursuant to paragraph (a)(3)(iv) of this 
section, a State, district, or local committee of a political party or 
any other person described in paragraph (b) of this section, may obtain 
and rely upon a certification from the organization that satisfies the 
criteria described in paragraph (d) of this section.
    (d) Certification. A State, district, or local committee of a 
political party or any person described in paragraph (b) of this section 
may rely upon a certification that meets all of 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 or by the treasurer of the State-
registered political committee described in paragraph (a)(3)(iv) of this 
section;
    (2) The certification states that within the current election cycle, 
the organization or political committee has not made, and does not 
intend to make, expenditures or disbursements in connection with an 
election for Federal office (including for Federal election activity); 
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.
    (e) If a State, district, or local committee of a political party or 
any person described in paragraph (b) of this section has actual 
knowledge that the certification is false, the certification may not be 
relied upon.
    (f) It is not prohibited for a State, district, or local committee 
of a political party or its agents to respond to a request for 
information about a tax-exempt group that shares the party's political 
or philosophical goals.

[67 FR 49120, July 29, 2002, as amended at 70 FR 12789, Mar. 16, 2005]