11 C.F.R. § 109.10

How do political committees and other persons report independent expenditures?

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(a) Political committees, including political party committees, must report independent expenditures under 11 CFR 104.4.

(b) Every person that is not a political committee and that makes independent expenditures aggregating in excess of $250 with respect to a given election in a calendar year shall file a verified statement or report on FEC Form 5 in accordance with 11 CFR 104.4(e) containing the information required by paragraph (e) of this section. Every person filing a report or statement under this section shall do so in accordance with the quarterly reporting schedule specified in 11 CFR 104.5(a)(1)(i) and (ii) and shall file a report or statement for any quarterly period during which any such independent expenditures that aggregate in excess of $250 are made and in any quarterly reporting period thereafter in which additional independent expenditures are made.

(c) For each election in which a person who is not a political committee makes independent expenditures, the person shall aggregate its independent expenditures made in each calendar year to determine its reporting obligation. When such a person makes independent expenditures aggregating $10,000 or more for an election in any calendar year, up to and including the 20th day before an election, the person must report the independent expenditures on FEC Form 5, or by signed statement if the person is not otherwise required to file electronically under 11 CFR 104.18. (See 11 CFR 104.4(f) for aggregation.) The person making the independent expenditures aggregating $10,000 or more must ensure that the Commission receives the report or statement by 11:59 p.m. Eastern Standard/Daylight Time on the second day following the date on which a communication is publicly distributed or otherwise publicly disseminated. Each time subsequent independent expenditures relating to the same election aggregate an additional $10,000 or more, the person making the independent expenditures must ensure that the Commission receives a new 48-hour report of the subsequent independent expenditures. Each 48-hour report must contain the information required by paragraph (e)(1) of this section.

(d) Every person making, after the 20th day, but more than 24 hours before 12:01 a.m. of the day of an election, independent expenditures aggregating $1,000 or more with respect to a given election must report those independent expenditures and ensure that the Commission receives the report or signed statement by 11:59 p.m. Eastern Standard/Daylight Time on the day following the date on which a communication is publicly distributed or otherwise publicly disseminated. Each time subsequent independent expenditures relating to the same election aggregate $1,000 or more, the person making the independent expenditures must ensure that the Commission receives a new 24-hour report of the subsequent independent expenditures. (See 11 CFR 104.4(f) for aggregation.) Such report or statement shall contain the information required by paragraph (e) of this section.

(e) Content of verified reports and statements and verification of reports and statements.

(1) Contents of verified reports and statement. If a signed report or statement is submitted, the report or statement shall include:

(i) The reporting person's name, mailing address, occupation, and the name of his or her employer, if any;

(ii) The identification (name and mailing address) of the person to whom the expenditure was made;

(iii) The amount, date, and purpose of each expenditure;

(iv) A statement that indicates whether such expenditure was in support of, or in opposition to a candidate, together with the candidate's name and office sought; if the expenditure meets the criteria set forth in 11 CFR 104.3(b)(3)(vii)(C), memo text must be used to indicate the states in which the communication is distributed, as prescribed in that section;

(v) A verified certification under penalty of perjury as to whether such expenditure was made in cooperation, consultation, or concert with, or at the request or suggestion of a candidate, a candidate's authorized committee, or their agents, or a political party committee or its agents; and

(vi) [Reserved]

Note to § 109.10(e)(1):

On August 3, 2018, the United States District Court for the District of Columbia vacated 11 CFR 109.10(e)(1)(vi). CREW v. FEC, 316 F. Supp. 3d 349 (Aug. 3, 2018), aff'd, 971 F.3d 340 (D.C. Cir. 2020). Section 30104(c) of title 52 of the U.S. Code and the remaining provisions of 11 CFR 109.10 remain in force.

(2) Verification of independent expenditure statements and reports. Every person shall verify reports and statements of independent expenditures filed pursuant to the requirements of this section by one of the methods stated in paragraph (e)(2)(i) or (ii) of this section. Any report or statement verified under either of these methods shall be treated for all purposes (including penalties for perjury) in the same manner as a document verified by signature.

(i) For reports or statements filed on paper (e.g., by hand-delivery, U.S. Mail, or facsimile machine), the person who made the independent expenditure shall certify, under penalty of perjury, the independence of the expenditure by handwritten signature immediately following the certification required by paragraph (e)(1)(v) of this section.

(ii) For reports or statements filed by electronic mail, the person who made the independent expenditure shall certify, under penalty of perjury, the independence of the expenditure by electronic signature immediately following the certification required by paragraph (e)(1)(v) of this section.

[68 FR 451, Jan. 3, 2003, as amended at 81 FR 34863, June 1, 2016; 83 FR 66595, Dec. 27, 2018; 87 FR 35864, June 14, 2022; 89 FR 216, Jan. 2, 2024]

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 2003–2022 · leading case: Citizens for Responsibility & Ethics in Wash. v. Fed. Election Comm'n, 316 F. Supp. 3d 349 (D.C. Cir. 2018).

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Citizens for Responsibility & Ethics in Wash. v. Fed. Election Comm'n, 316 F. Supp. 3d 349 (D.C. Cir. 2018). · cites it 49× “§ 706 , against the Federal Election Commission ("FEC"), challenging: (1) the FEC's regulation, codified at 11 C.F.R. § 109.10 (e)(1)(vi), as "inconsistent with" FECA's statutory disclosure requirements in 52 U.”

Citizens for Responsibility & Ethics in Washington v. Fed. Election Comm'n, 243 F. Supp. 3d 91 (D.D.C. 2017). · cites it 19× “8-6), but nevertheless adhered to “ ‘the Commission’s controlling interpretation of the statutory provision,’ ” as stated in 11 C.F.R. § 109.10 (e)(l)(vi), id. ¶ 66 (quoting OGC Report at 12 n.”

Citizens for Responsibility & Ethics in Wash. v. Fed. Election Comm'n, 904 F.3d 1014 (D.C. Cir. 2018). · cites it 4× “Per Curiam *1016 Upon consideration of Crossroads Grassroots Policy Strategies' emergency motion for a stay pending appeal, the responses thereto, the reply, the motion for leave to file a surreply, and the lodged surreply, it is ORDERED that the motion for leave to file a…”

McConnell v. Fed. Election Comm'n, 251 F. Supp. 2d 176 (D.D.C. 2003). · cites it 4× “3, 2003) (to be codified at 11 C.F.R. § 109.10 ). [85] This fact makes the challenge unfit for judicial resolution, as the regulations provide Plaintiffs with the exact remedy they seek: the FEC will not require disclosure of independent express advocacy expenditures prior to…”

Free Speech v. Fed. Election Comm'n, 720 F.3d 788 (10th Cir. 2013). “§ 434 (c); 11 C.F.R. § 109.10 (e) (emphasis added). 2 .”

Citizens for Responsibility & Ethics in Washington v. Fed. Election Comm'n, 236 F. Supp. 3d 378 (D.D.C. 2017). “” See 11 C.F.R. § 109.10 (e)(vi). Like the definition of “po *384 litical committee,” whether an expenditure is an “independent expenditure” has significant implications.”

Citizens for Responsibility v. FEC, 971 F.3d 340 (D.C. Cir. 2020). · cites it 2× “” 11 C.F.R. § 109.10 (e)(1)(vi) (emphasis added).”

McConnell v. Fed. Election Comm'n, 540 U.S. 93 (2003). · cites it 3× “404 , 452 (2003) (to be codified at 11 CFR § 109.10 (c)(d)). Adoption of a regulation that does not implement the statute to its full extent does not erase the statutory requirement.”

Wisconsin Fam. Action v. Fed. Election Comm'n (E.D. Wis. 2022). · cites it 6× “Prior to CREW I, donor disclosure requirements for so-called “not political committees,” or non-political committees, were governed by 11 C.F.R. § 109.10 (e)(1). That regulation required “[e]very person that is not a political committee and that makes independent expenditures…”

— 11 C.F.R. § 109.10(e)(1)(vi) — 1 case

Citizens for Responsibility & Ethics in Wash. v. Fed. Election Comm'n, 316 F. Supp. 3d 349 (D.C. Cir. 2018). “§ 706 , against the Federal Election Commission ("FEC"), challenging: (1) the FEC's regulation, codified at 11 C.F.R. § 109.10 (e)(1)(vi), as "inconsistent with" FECA's statutory disclosure requirements in 52 U.”

— 11 C.F.R. § 109.10(e)(l)(vi) — 1 case

Citizens for Responsibility & Ethics in Washington v. Fed. Election Comm'n, 243 F. Supp. 3d 91 (D.D.C. 2017). “8-6), but nevertheless adhered to “ ‘the Commission’s controlling interpretation of the statutory provision,’ ” as stated in 11 C.F.R. § 109.10 (e)(l)(vi), id. ¶ 66 (quoting OGC Report at 12 n.”

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