11 C.F.R. § 106.1

Allocation of expenses between candidates

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(a) General rule. (1) Expenditures, including in-kind contributions, independent expenditures, and coordinated expenditures made on behalf of more than one clearly identified Federal candidate shall be attributed to each such candidate according to the benefit reasonably expected to be derived. For example, in the case of a publication or broadcast communication, the attribution shall be determined by the proportion of space or time devoted to each candidate as compared to the total space or time devoted to all candidates. In the case of a fundraising program or event where funds are collected by one committee for more than one clearly identified candidate, the attribution shall be determined by the proportion of funds received by each candidate as compared to the total receipts by all candidates. In the case of a phone bank, the attribution shall be determined by the number of questions or statements devoted to each candidate as compared to the total number of questions or statements devoted to all candidates. These methods shall also be used to allocate payments involving both expenditures on behalf of one or more clearly identified Federal candidates and disbursements on behalf of one or more clearly identified non-Federal candidates.

(2) An expenditure made on behalf of more than one clearly identified Federal candidate shall be reported pursuant to 11 CFR 104.10(a) or 104.17(a), as appropriate. A payment that also includes amounts attributable to one or more non-Federal candidates, and that is made by a political committee with separate Federal and non-Federal accounts, shall be made according to the procedures set forth in 11 CFR 106.6(e) or 106.7(f), but shall be reported pursuant to 11 CFR 104.10(a) or 104.17(a). If a State, district, or local party committee's payment on behalf of both a Federal candidate and a non-Federal candidate is for a Federal election activity, only Federal funds may be used for the entire payment. For Federal election activities, the provisions of 11 CFR 300.33 and 104.17(a) will apply to payments attributable to candidates.

(b) An authorized expenditure made by a candidate or political committee on behalf of another candidate shall be reported as a contribution in-kind (transfer) to the candidate on whose behalf the expenditure was made, except that expenditures made by party committees pursuant to § 109.32 or 109.33 need only be reported as an expenditure.

(c) Exceptions: (1) Expenditures for rent, personnel, overhead, general administrative, fund-raising, and other day-to-day costs of political committees need not be attributed to individual candidates, unless these expenditures are made on behalf of a clearly identified candidate and the expenditure can be directly attributed to that candidate.

(2) Expenditures for educational campaign seminars, for training of campaign workers, and for registration or get-out-the-vote drives of committees need not be attributed to individual candidates unless these expenditures are made on behalf of a clearly identified candidate, and the expenditure can be directly attributed to that candidate.

(3) Payments made for the cost of certain voter registration and get-out-the-vote activities conducted by State or local party organizations on behalf of any Presidential or Vice-Presidential candidate(s) are exempt from the definition of a contribution or an expenditure under 11 CFR 100.89 and 100.149. If the State or local party organization includes references to any candidate(s) seeking nomination or election to the House of Representatives or Senate of the United States the portion of the cost of such activities allocable to such candidate(s) shall be considered a contribution to or an expenditure on behalf of such candidate(s), unless such reference is incidental to the overall activity. If such reference is incidental to the overall activity, such costs shall not be considered a contribution to or expenditure on behalf of any candidate(s).

(d) For purposes of this section, clearly identified shall have the same meaning as set forth at 11 CFR 100.17.

(e) State, district, and local party committees, separate segregated funds, and nonconnected committees that make mixed Federal/non-Federal payments for activities other than an activity entailing an expenditure for a Federal candidate and disbursement for a non-Federal candidate, or that make mixed Federal/Levin fund payments, shall allocate those expenses in accordance with 11 CFR 106.6, 106.7, or 300.33, as appropriate.

(52 U.S.C. 30111(a)(8)) [41 FR 35944, Aug. 25, 1976, as amended at 45 FR 15117, Mar. 7, 1980; 45 FR 21209, Apr. 1, 1980; 55 FR 26069, June 26, 1990; 60 FR 35305, July 6, 1995; 67 FR 49115, July 29, 2002; 67 FR 78681, Dec. 26, 2002]

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1980–2021 · leading case: McConnell v. Fed. Election Comm'n, 251 F. Supp. 2d 176 (D.D.C. 2003).

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McConnell v. Fed. Election Comm'n, 251 F. Supp. 2d 176 (D.D.C. 2003). · cites it 6× “" 11 C.F.R. § 106.1 (e)(1977) (emphasis added).”

Shays v. Fed. Election Comm'n, 337 F. Supp. 2d 28 (D.D.C. 2004). “at 1394 (quoting 11 C.F.R. § 106.1 (e) (1976)). Judge Flannery, noting that “any improper allocation of nonfederal funds by a state committee would be a violation of FECA,” and that “the Commission provides no guidance whatsoever on what allocation methods a state or local…”

Common Cause v. Fed. Election Comm'n, 692 F. Supp. 1391 (D.D.C. 1987). “” 11 C.F.R. § 106.1 (e). If, for example, a state committee spends monies to register voters in an election year in which both federal and *1395 state/local offices are up for election, the state committee may determine what portion of its efforts affects the federal as opposed…”

Fed. Election Comm'n v. California Med. Ass'n, 502 F. Supp. 196 (N.D. Cal. 1980). “” 11 C.F.R. § 106.1 (e). Neither regulation addresses precisely the situation involved here.”

EMILY's List v. Fed. Election Comm'n, 569 F. Supp. 2d 18 (D.D.C. 2008). “[i]n sum, public communications and voter drives referring solely to clearly identified *48 federal candidates must be financed solely with federal funds; those referring solely to clearly identified nonfederal candidates may be financed with nonfederal funds; and those…”

Emily's List v. Fed. Election Comm'n, 362 F. Supp. 2d 43 (D.D.C. 2005). “If the costs of a solicitation described in paragraph (a) of this section are allocable under 11 C.F.R. 106.1, 106.6 or 106.7 (consistent with 11 C.”

Weld for Governor v. Dir. of the Off. of Campaign & Political Fin., 407 Mass. 761 (Mass. 1990). “11 C.F.R. § 106.1 (a) (1989). The committees here, by jointly purchasing “grassroots” campaign items and allocating the cost in a reasonable manner between them, 8 have acted within the permissible limits of the Federal standards.”

Common Cause v. Fed. Election Com'n, 692 F. Supp. 1397 (D.D.C. 1988). “It is, therefore, by the court this 25th day of August, 1988 ORDERED that the plaintiff’s motion to enforce the mandate of August 3, 1987, be held in abeyance; and it is further ORDERED that the Federal Election Commission report to the court every ninety (90) days from the date…”

Anders v. California State Univ., Fresno (E.D. Cal. 2021). “5 See 34 11 C.F.R. §106.1 . 12 Regulations applying Title IX to athletics are set forth at 34 C.”

— 11 C.F.R. § 106.1(e) — 1 case

McConnell v. Fed. Election Comm'n, 251 F. Supp. 2d 176 (D.D.C. 2003). “" 11 C.F.R. § 106.1 (e)(1977) (emphasis added).”

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