C.F.R. » Title 11 » CHAPTER I—FEDERAL ELECTION COMMISSION › SUBCHAPTER A—GENERAL › PART 102—REGISTRATION, ORGANIZATION, AND RECORDKEEPING BY POLITICAL COMMITTEES (52 U.S.C. 30103)

11 C.F.R. § 102.5

Organizations financing political activity in connection with Federal and non-Federal elections, other than through transfers and joint fundraisers: Accounts and accounting

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(a) Organizations that are political committees under the Act, other than national party committees. (1) Each organization, including a State, district, or local party committee, that finances political activity in connection with both Federal and non-Federal elections and that qualifies as a political committee under 11 CFR 100.5 shall either:

(i) Establish a separate Federal account in a depository in accordance with 11 CFR part 103. Such account shall be treated as a separate Federal political committee that must comply with the requirements of the Act including the registration and reporting requirements of 11 CFR parts 102 and 104. Only funds subject to the prohibitions and limitations of the Act shall be deposited in such separate Federal account. See 11 CFR 103.3. All disbursements, contributions, expenditures, and transfers by the committee in connection with any Federal election shall be made from its Federal account, except as otherwise permitted for State, district and local party committees by 11 CFR part 300 and paragraph (a)(5) of this section. No transfers may be made to such Federal account from any other account(s) maintained by such organization for the purpose of financing activity in connection with non-Federal elections, except as provided by 11 CFR 300.33, 300.34, 106.6(c), 106.6(f), and 106.7(f). Administrative expenses for political committees other than party committees shall be allocated pursuant to 11 CFR 106.6(c) between such Federal account and any other account maintained by such committee for the purpose for financing activity in connection with non-Federal elections. Administrative expenses for State, district, and local party committees are subject to 11 CFR 106.7 and 11 CFR part 300; or

(ii) Establish a political committee that shall receive only contributions subject to the prohibitions and limitations of the Act, regardless of whether such contributions are for use in connection with Federal or non-Federal elections. Such organization shall register as a political committee and comply with the requirements of the Act.

(2) Only contributions meeting any of the conditions set forth in paragraphs (a)(2)(i), (ii), or (iii) of this section may be deposited in a Federal account established under paragraph (a)(1)(i) of this section, see 11 CFR 103.3, or may be received by a political committee established under paragraph (a)(1)(ii) of this section:

(i) Contributions designated for the Federal account;

(ii) Contributions that result from a solicitation which expressly states that the contribution will be used in connection with a Federal election; or

(iii) Contributions from contributors who are informed that all contributions are subject to the prohibitions and limitations of the Act.

(3) State, district, and local party committees that intend to expend Levin funds raised pursuant to 11 CFR 300.31 for activities identified in 11 CFR 300.32(b)(1) must either:

(i) Establish one or more separate Levin accounts pursuant to 11 CFR 300.30(c)(2); or

(ii) Demonstrate through a reasonable accounting method approved by the Commission (including any method embedded in software provided or approved by the Commission) that whenever such organization makes a payment that organization has received sufficient funds subject to the limitations and prohibitions of the Act or the requirements of 11 CFR 300.30(c)(1) or (3) to make such payment. Such organization shall keep records of amounts received or expended under this paragraph and, upon request, shall make such records available for examination by the Commission.

(4) Solicitations by Federal candidates and Federal officeholders for State, district, and local party committees are subject to the restrictions in 11 CFR 300.31(e) and 11 CFR part 300, subpart D.

(5) State, district, and local party committees and organizations may establish one or more separate allocation accounts to be used for activities allocable pursuant to 11 CFR 106.7 and 11 CFR 300.33.

(b) Organizations that are not political committees under the Act. (1) Any organization that makes contributions, expenditures, and exempted payments under 11 CFR 100.80, 100.87 and 100.89 and 11 CFR 100.140, 100.147 and 100.149, but that does not qualify as a political committee under 11 CFR 100.5, must keep records of receipts and disbursements and, upon request, must make such records available for examination by the Commission. The organization must demonstrate through a reasonable accounting method that, whenever such an organization makes a contribution or expenditure, or payment, the organization has received sufficient funds subject to the limitations and prohibitions of the Act to make such contribution, expenditure, or payment.

(2) Any State, district, or local party organization that makes payments for certain Federal election activities under 11 CFR 300.32(b) must either:

(i) Establish one or more Levin accounts pursuant to 11 CFR 300.30(b) into which only funds solicited pursuant to 11 CFR 300.31 may be deposited and from which payments must be made pursuant to 11 CFR 300.32 and 300.33. See 11 CFR 300.30(c)(2)(i); or

(ii) Demonstrate through a reasonable accounting method approved by the Commission (including any method embedded in software provided or approved by the Commission) that whenever such organization makes a payment that organization has received sufficient funds subject to the limitations and prohibitions of the Act or the requirements of 11 CFR 300.31 to make such payment. Such organization shall keep records of amounts received or expended under this paragraph and, upon request, shall make such records available for examination by the Commission. See 11 CFR 300.30(c)(2)(ii).

(3) All such party organizations shall keep records of deposits to and disbursements from such Federal and Levin accounts, and upon request, shall make such records available for examination by the Commission.

(c) National party committees. Between November 6, 2002, and December 31, 2002, paragraphs (a) and (b) of this section apply to national party committees. After December 31, 2002, national party committees are prohibited from raising and spending non-Federal funds. Therefore, this section does not apply to national party committees after December 31, 2002.

[67 FR 49111, July 29, 2002, as amended at 67 FR 78680, Dec. 26, 2002; 69 FR 68067, Nov. 23, 2004]
Notes of Decisions
Cited in 9 cases, 1980–2013 · leading case: Thomas Dale DeLay v. State, 410 S.W.3d 902 (Tex. App. 2013).
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Thomas Dale DeLay v. State, 410 S.W.3d 902 (Tex. App. 2013). · cites it 2× “” But in the context of the campaign finance regulations, 13 In its brief, the State urges: “The funds [criminal proceeds] themselves were the corporate money held in TRMPAC’s ‘soft money’ account, which became criminal when TRMPAC struck a deal with the RNSEC to exchange the…”
Common Cause of Montana v. Argenbright, 917 P.2d 425 (Mont. 1996). · cites it 2× “Instead, the court need only require the Commission to review Common Cause's Petition for Rulemaking in light of this opinion, with an eye to revising 11 C.F.R. §§ 102.5 and 106.1, as they relate to the portions of the 1979 FECA amendments discussed above.”
Teltschik v. Williams & Jensen, Pllc, 683 F. Supp. 2d 33 (D.D.C. 2010). “§ 434 (b) and 11 C.F.R. §§ 102.5 (a), 104.3(d), 104.10, 104.”
Common Cause v. Fed. Election Comm'n, 692 F. Supp. 1391 (D.D.C. 1987). · cites it 2× “However, under the Commission’s 1976 regulations, 11 C.F.R. §§ 102.5 , 106.1, state and local political committees are permitted to spend money from both their federal and non-federal accounts to finance these activities, allocating “on a reasonable basis.”
Fed. Election Comm'n v. Malenick, 310 F. Supp. 2d 230 (D.D.C. 2004). · cites it 2× “Nor has the FEC pointed the Court to sufficient evidence to find that Triad violated 11 C.F.R. § 102.5 "by depositing ... excessive contribu *238 tions into the same bank accounts as the lawful contributions it received.”
Fed. Election Comm'n v. California Med. Ass'n, 502 F. Supp. 196 (N.D. Cal. 1980). “” 11 C.F.R. § 102.5 (1980) (formerly 11 C.F.”
Mariani v. United States, 80 F. Supp. 2d 352 (M.D. Penn. 1999). “” Although this soft money cannot be contributed to federal candidates or otherwise used to influence federal elections, political party committees may deposit such funds in a separate account to be used for state and local campaign activity to the extent allowed by state law,…”
Fed. Election Comm'n v. California Democratic Party, 13 F. Supp. 2d 1031 (E.D. Cal. 1998). · cites it 3× “§ 441b and 11 C.F.R. §§ 102.5 (a)(l)(i), 104.10(b)(4) and 106.”
Teltschik v. Williams & Jensen, Pllc (D.D.C. 2010). “§ 434 (b) and 11 C.F.R. §§ 102.5 (a), 104.3(d), 104.10, 104.”
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