C.F.R. » Title 11 » CHAPTER I—FEDERAL ELECTION COMMISSION › SUBCHAPTER A—GENERAL › PART 104—REPORTS BY POLITICAL COMMITTEES AND OTHER PERSONS (52 U.S.C. 30104)

11 C.F.R. § 104.8

Uniform reporting of receipts

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(a) A reporting political committee shall disclose the identification of each individual who contributes an amount in excess of $200 to the political committee's federal account(s). This identification shall include the individual's name, mailing address, occupation, the name of his or her employer, if any, and the date of receipt and amount of any such contribution. If an individual contributor's name is known to have changed since an earlier contribution reported during the calendar year (or during the election cycle, in the case of an authorized committee), the exact name or address previously used shall be noted with the first reported contribution from that contributor subsequent to the name change.

(b) In each case where a contribution received from an individual in a reporting period is added to previously unitemized contributions from the same individual and the aggregate exceeds $200 in a calendar year (or in an election cycle, in the case of an authorized committee) the reporting political committee shall disclose the identification of such individual along with the date of receipt and amount of any such contribution. Except for contributions by payroll deduction, each additional contribution from the individual shall be separately itemized. In the case of a political committee other than an authorized committee which receives contributions through a payroll deduction plan, such committee is not required to separately itemize each additional contribution received from the contributor during the reporting period. In lieu of separate itemization, such committee may report: the aggregate amount of contributions received from the contributor through the payroll deduction plan during the reporting period; the identification of the individual; and a statement of the amount deducted per pay period.

(c) Absent evidence to the contrary, any contribution made by check, money order, or other written instrument shall be reported as a contribution by the last person signing the instrument prior to delivery to the candidate or committee.

(d)(1) If an itemized contribution is made by more than one person in a single written instrument, the treasurer shall report the amount to be attributed to each contributor.

(2)(i) If a contribution is redesignated by a contributor, in accordance with 11 CFR 110.1(b) or 110.2(b), the treasurer of the authorized political committee receiving the contribution shall report the redesignation in a memo entry on Schedule A of the report covering the reporting period in which the redesignation is received. The memo entry for each redesignated contribution shall be reported in the following manner—

(A) The first part of the memo entry shall disclose all of the information for the contribution as it was originally reported on Schedule A;

(B) The second part of the memo entry shall disclose all of the information for the contribution as it was redesignated by the contributor, including the election for which the contribution was redesignated and the date on which the redesignation was received.

(ii) If a contribution from a political committee is redesignated by the contributing political committee in accordance with 11 CFR 110.1(b) or 110.2(b), the treasurer of such political committee shall report the redesignation in a memo entry on Schedule B of the report covering the reporting period in which the redesignation is made. The memo entry for each redesignated contribution shall be reported in the following manner—

(A) The first part of the memo entry shall disclose all of the information for the contribution as it was originally reported on Schedule B;

(B) The second part of the memo entry shall disclose all of the information for the contribution as it was redesignated by the contributing political committee, including the election for which the contribution was redesignated and the date on which the redesignation was made.

(3) If an itemized contribution is reattributed by the contributor(s) in accordance with 11 CFR 110.1(k), the treasurer shall report the reattribution in a memo entry on Schedule A of the report covering the reporting period in which the reattribution is received. The memo entry for each reattributed contribution shall be reported in the following manner—

(i) The first part of the memo entry shall disclose all of the information for the contribution as it was originally reported on Schedule A;

(ii) The second part of the memo entry shall disclose all of the information for the contribution as it was reattributed by the contributors, including the date on which the reattribution was received.

(4) If a contribution is refunded to the contributor, the treasurer of the political committee making the refund shall report the refund on Schedule B of the report covering the reporting period in which the refund is made, in accordance with 11 CFR 103.3(b)(5) and 104.3(b). If a contribution is refunded to a political committee, the treasurer of the political committee receiving the refund shall report the refund on Schedule A of the report covering the reporting period in which the refund is received, in accordance with 11 CFR 104.3(a).

(e) For reports covering activity on or before December 31, 2002, national party committees shall disclose in a memo Schedule A information about each individual, committee, corporation, labor organization, or other entity that donates an aggregate amount in excess of $200 in a calendar year to the committee's non-Federal account(s). This information shall include the donating individual's or entity's name, mailing address, occupation or type of business, and the date of receipt and amount of any such donation. If a donor's name is known to have changed since an earlier donation reported during the calendar year, the exact name or address previously used shall be noted with the first reported donation from that donor subsequent to the name change. The memo entry shall also include, where applicable, the information required by paragraphs (b) through (d) of this section.

(f) For reports covering activity on or before December 31, 2002, national party committees shall also disclose in a memo Schedule A information about each individual, committee, corporation, labor organization, or other entity that donates an aggregate amount in excess of $200 in a calendar year to the committee's building fund account(s). This information shall include the donating individual's or entity's name, mailing address, occupation or type of business, and the date of receipt and amount of any such donation. If a donor's name is known to have changed since an earlier donation reported during the calendar year, the exact name or address previously used shall be noted with the first reported donation from that donor subsequent to the name change. The memo entry shall also include, where applicable, the information required by paragraphs (b) through (d) of this section.

(g) The principal campaign committee of the candidate shall report the receipt of any bank loan obtained by the candidate or loan of money derived from an advance on a candidate's brokerage account, credit card, home equity line of credit, or other lines of credit described in 11 CFR 100.83 and 100.143, as an itemized entry of Schedule A as follows:

(1) The amount of the loan that is used in connection with the candidate's campaign shall be reported as an itemized entry on Schedule A.

(2) See 11 CFR 100.83(c) for special reporting rules regarding certain loans used for a candidate's routine living expenses.

[45 FR 15108, Mar. 7, 1980, as amended at 52 FR 774, Jan. 9, 1987; 55 FR 26067, June 26, 1990; 65 FR 42624, July 11, 2000; 67 FR 38360, June 4, 2002; 67 FR 49112, July 29, 2002; 75 FR 31, Jan. 4, 2010]
Notes of Decisions
Cited in 11 cases, 1998–2018 · leading case: United States v. Kanchanalak, 192 F.3d 1037 (D.C. Cir. 1999).
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United States v. Kanchanalak, 192 F.3d 1037 (D.C. Cir. 1999). · cites it 7× “The only reporting requirement directly applicable to soft money donations was 11 C.F.R. § 104.8 (e), which the court characterized as a “stand alone provision in the regulations.”
McConnell v. Fed. Election Comm'n, 251 F. Supp. 2d 176 (D.D.C. 2003). · cites it 2× “11 C.F.R. §§ 104.8 (e), (f) (1991) (requiring national parties to report for nonfederal and building fund accounts the donating individual's name, mailing address, occupation or type of business, and the date of receipt and amount of any such donation).”
United States v. Hsia, 24 F. Supp. 2d 33 (D.D.C. 1998). · cites it 4× “11 C.F.R. § 104.8 (a), (e). The statute charges the Federal Election Commission with the administration of FECA and grants the FEC exclusive jurisdiction over civil enforcement.”
United States v. Trie, 23 F. Supp. 2d 55 (D.D.C. 1998). · cites it 3× “11 C.F.R. § 104.8 (a), (e). The statute charges the FEC with the administration of FECA and grants the FEC exclusive jurisdiction over civil enforcement.”
United States v. Trie, 21 F. Supp. 2d 7 (D.D.C. 1998). “” 11 C.F.R. § 104.8 (e) (requiring information, including name, address and occupation of all individuals or entities who “donate” an aggregate amount in excess of $200 in any calendar year to a national party committee’s non-federal account(s)).”
In Re Sealed Case, 223 F.3d 775 (D.C. Cir. 2000). “11 C.F.R. § 104.8 (e) requires that “National party committees [e.”
United States v. Hsia, Maria, 176 F.3d 517 (D.C. Cir. 1999). “As FEC regulations direct committees to report “any contribution made by check, money order, or other written instrument” “as a contribution by the last person signing the instrument” “[ajbsent evidence to the contrary,” 11 CFR § 104.8 (c), the simple interposition of conduits…”
United States v. Hsia, 24 F. Supp. 2d 14 (D.D.C. 1998). “” 11 C.F.R. § 104.8 (e) (requiring information, including name, address and occupation of all individuals or entities who “donate” an aggregate amount in excess of $200 in any calendar year to a national party committee’s non-federal account(s)).”
United States v. Kanchanalak, 41 F. Supp. 2d 1 (D.D.C. 1999). · cites it 2× “11 C.F.R. § 104.8 (e). This reporting requirement is a stand-alone provision in the regulations.”
Libertarian Party of Alaska, Inc. v. State, 101 P.3d 616 (Alaska 2004). “While plaintiffs argue that the APOC has less authority to promulgate regulations than does the Federal Election Commission, the regulation at issue in this case similarly allows the APOC to enforce hard money limits and other provisions of the Campaign Finance Law.”
Cockrum v. Donald J. Trump for President, Inc. (D.D.C. 2018). “11 C.F.R. § 104.8 . The Federal Election Commission’s website publicly lists a contributor’s name, employer, state, recipient of donation, and amount.”
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