(a)
(1) Make expenditures or disbursements in connection with an election for Federal office including for Federal election activity; or
(2) Pay a debt 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.
(b)
(1) In the case of a national committee of a political party:
(i) To solicit, direct, or receive any contribution, donation, or transfer of funds; or,
(ii) To solicit any funds for, or make or direct any donations to, an organization that is described in 26 U.S.C 501(c) and exempt from taxation under 26 U.S.C. 501(a) (or has submitted an application for determination of tax exempt status under 26 U.S.C. 501(a)), or an organization described in 26 U.S.C. 527 (other than a political committee, a State, district, or local committee of a political party, or the authorized campaign committee of a candidate for State or local office).
(2) In the case of a State, district, or local committee of a political party:
(i) To expend or disburse any funds for Federal election activity; or
(ii) To transfer, or accept a transfer of, funds to make expenditures or disbursements for Federal election activity; or
(iii) To engage in joint fundraising activities with any person if any part of the funds raised are used, in whole or in part, to pay for Federal election activity; or
(iv) To solicit any funds for, or make or direct any donations to, an organization that is described in 26 U.S.C. 501(c) and exempt from taxation under 26 U.S.C. 501(a) (or has submitted an application for determination of tax exempt status under 26 U.S.C. 501(a)), or an organization described in 26 U.S.C. 527 (other than a political committee, a State, district, or local committee of a political party, or the authorized campaign committee of a candidate for State or local office).
(3) In the case of an individual who is a Federal candidate or an individual holding Federal office, to solicit, receive, direct, transfer, or spend funds in connection with any election.
(4) In the case of an individual who is a candidate for State or local office, to spend funds for a public communication (
(c)
(2) To determine whether a sponsor directly or indirectly established, finances, maintains, or controls an entity, the factors described in paragraphs (c)(2)(i) through (x) of this section must be examined in the context of the overall relationship between sponsor and the entity to determine whether the presence of any factor or factors is evidence that the sponsor directly or indirectly established, finances, maintains, or controls the entity. Such factors include, but are not limited to:
(i) Whether a sponsor, directly or through its agent, owns controlling interest in the voting stock or securities of the entity;
(ii) Whether a sponsor, directly or through its agent, has the authority or ability to direct or participate in the governance of the entity through provisions of constitutions, bylaws, contracts, or other rules, or through formal or informal practices or procedures;
(iii) Whether a sponsor, directly or through its agent, has the authority or ability to hire, appoint, demote, or otherwise control the officers, or other decision-making employees or members of the entity;
(iv) Whether a sponsor has a common or overlapping membership with the entity that indicates a formal or ongoing relationship between the sponsor and the entity;
(v) Whether a sponsor has common or overlapping officers or employees with the entity that indicates a formal or ongoing relationship between the sponsor and the entity;
(vi) Whether a sponsor has any members, officers, or employees who were members, officers or employees of the entity that indicates a formal or ongoing relationship between the sponsor and the entity, or that indicates the creation of a successor entity;
(vii) Whether a sponsor, directly or through its agent, provides funds or goods in a significant amount or on an ongoing basis to the entity, such as through direct or indirect payments for administrative, fundraising, or other costs, but not including the transfer to a committee of its allocated share of proceeds jointly raised pursuant to 11 CFR 102.17, and otherwise lawfully;
(viii) Whether a sponsor, directly or through its agent, causes or arranges for funds in a significant amount or on an ongoing basis to be provided to the entity, but not including the transfer to a committee of its allocated share of proceeds jointly raised pursuant to 11 CFR 102.17, and otherwise lawfully;
(ix) Whether a sponsor, directly or through its agent, had an active or significant role in the formation of the entity; and
(x) Whether the sponsor and the entity have similar patterns of receipts or disbursements that indicate a formal or ongoing relationship between the sponsor and the entity.
(3)
(4)
(ii) Notwithstanding the fact that a sponsor may have established an entity within the meaning of paragraph (c)(2) of this section, the sponsor or the entity may request an advisory opinion of the Commission determining that the relationship between the sponsor and the entity has been severed. The request for such an advisory opinion must meet the requirements of 11 CFR part 112, and must demonstrate that all material connections between the sponsor and the entity have been severed for two years.
(iii) Nothing in this section shall require entities that are separate organizations on November 6, 2002 to obtain an advisory opinion to operate separately from each other.
(d)
(1) A political committee; or
(2) Any other person, including an organization that is not a political committee, that is subject to the Act.
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l) [Reserved]
(m)
(1) The following types of communications constitute solicitations:
(i) A communication that provides a method of making a contribution or donation, regardless of the communication. This includes, but is not limited to, providing a separate card, envelope, or reply device that contains an address to which funds may be sent and allows contributors or donors to indicate the dollar amount of their contribution or donation to the candidate, political committee, or other organization.
(ii) A communication that provides instructions on how or where to send contributions or donations, including providing a phone number specifically dedicated to facilitating the making of contributions or donations. However, a communication does not, in and of itself, satisfy the definition of “to solicit” merely because it includes a mailing address or phone number that is not specifically dedicated to facilitating the making of contributions or donations.
(iii) A communication that identifies a Web address where the Web page displayed is specifically dedicated to facilitating the making of a contribution or donation, or automatically redirects the Internet user to such a page, or exclusively displays a link to such a page. However, a communication does
(2) The following statements constitute solicitations:
(i) “Please give $100,000 to Group X.”
(ii) “It is important for our State party to receive at least $100,000 from each of you in this election.”
(iii) “Group X has always helped me financially in my elections. Keep them in mind this fall.”
(iv) “X is an effective State party organization; it needs to obtain as many $100,000 donations as possible.”
(v) “Giving $100,000 to Group X would be a very smart idea.”
(vi) “Send all contributions to the following address * * *.”
(vii) “I am not permitted to ask for contributions, but unsolicited contributions will be accepted at the following address * * *.”
(viii) “Group X is having a fundraiser this week; you should go.”
(ix) “You have reached the limit of what you may contribute directly to my campaign, but you can further help my campaign by assisting the State party.”
(x) A candidate hands a potential donor a list of people who have contributed to a group and the amounts of their contributions. The candidate says, “I see you are not on the list.”
(xi) “I will not forget those who contribute at this crucial stage.”
(xii) “The candidate will be very pleased if we can count on you for $10,000.”
(xiii) “Your contribution to this campaign would mean a great deal to the entire party and to me personally.”
(xiv) Candidate says to potential donor: “The money you will help us raise will allow us to communicate our message to the voters through Labor Day.”
(xv) “I appreciate all you've done in the past for our party in this State. Looking ahead, we face some tough elections. I'd be very happy if you could maintain the same level of financial support for our State party this year.”
(xvi) The head of Group X solicits a contribution from a potential donor in the presence of a candidate. The donor asks the candidate if the contribution to Group X would be a good idea and would help the candidate's campaign. The candidate nods affirmatively.
(3) The following statements do not constitute solicitations:
(i) During a policy speech, the candidate says: “Thank you for your support of the Democratic Party.”
(ii) At a ticket-wide rally, the candidate says: “Thank you for your support of my campaign.”
(iii) At a Labor Day rally, the candidate says: “Thank you for your past financial support of the Republican Party.”
(iv) At a GOTV rally, the candidate says: “Thank you for your continuing support.”
(v) At a ticket-wide rally, the candidate says: “It is critical that we support the entire Democratic ticket in November.”
(vi) A Federal officeholder says: “Our Senator has done a great job for us this year. The policies she has vigorously promoted in the Senate have really helped the economy of the State.”
(vii) A candidate says: “Thanks to your contributions we have been able to support our President, Senator and Representative during the past election cycle.”
(n)
(o)