11 C.F.R. § 110.6

Earmarked contributions 52 U.S.C. 30116(a)(8))

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(a) General. All contributions by a person made on behalf of or to a candidate, including contributions which are in any way earmarked or otherwise directed to the candidate through an intermediary or conduit, are contributions from the person to the candidate.

(b) Definitions. (1) For purposes of this section, earmarked means a designation, instruction, or encumbrance, whether direct or indirect, express or implied, oral or written, which results in all or any part of a contribution or expenditure being made to, or expended on behalf of, a clearly identified candidate or a candidate's authorized committee. A contributor's authorization that a commercial payment processor, whose usual and normal business is to process payments, transmit funds from the contributor to the designated candidate or authorized committee in the commercial payment processor's ordinary course of business does not in itself constitute an earmark.

(2) For purposes of this section, conduit or intermediary means any person who receives and forwards an earmarked contribution to a candidate or a candidate's authorized committee, except as provided in paragraph (b)(2)(i) of this section.

(i) For purposes of this section, the following persons shall not be considered to be conduits or intermediaries:

(A) An individual who is an employee or a full-time volunteer working for the candidate's authorized committee, provided that the individual is not acting in his or her capacity as a representative of an entity prohibited from making contributions;

(B) A fundraising representative conducting joint fundraising with the candidate's authorized committee pursuant to 11 CFR 102.17 or 9034.8;

(D) A commercial fundraising firm retained by the candidate or the candidate's authorized committee to assist in fundraising; and

(E) An individual who is expressly authorized by the candidate or the candidate's authorized committee to engage in fundraising, and who occupies a significant position within the candidate's campaign organization, provided that the individual is not acting in his or her capacity as a representative of an entity prohibited from making contributions.

(ii) Any person who is prohibited from making contributions or expenditures in connection with an election for Federal office shall be prohibited from acting as a conduit for contributions earmarked to candidates or their authorized committees. The provisions of this section shall not restrict the ability of an organization or committee to serve as a collecting agent for a separate segregated fund pursuant to 11 CFR 102.6.

(iii) Any person who receives an earmarked contribution shall forward such earmarked contribution to the candidate or authorized committee in accordance with 11 CFR 102.8, except that—

(A) A fundraising representative shall follow the joint fundraising procedures set forth at 11 CFR 102.17.

(B) A person who is prohibited from acting as a conduit pursuant to paragraph (b)(2)(ii) of this section shall return the earmarked contribution to the contributor.

(c) Reporting of earmarked contributions—(1) Reports by conduits and intermediaries. (i) The intermediary or conduit of the earmarked contribution shall report the original source and the recipient candidate or authorized committee to the Commission and to the recipient candidate or authorized committee.

(ii) The report to the Commission shall be included in the conduit's or intermediary's report for the reporting period in which the earmarked contribution was received, or, if the conduit or intermediary is not required to report under 11 CFR part 104, the report shall be provided in writing to the Commission within thirty days after forwarding the earmarked contribution.

(iii) The report to the recipient candidate or authorized committee shall be made when the earmarked contribution is forwarded to the recipient candidate or authorized committee pursuant to 11 CFR 102.8.

(iv) The report by the conduit or intermediary shall contain the following information:

(A) The name and mailing address of each contributor and, for each earmarked contribution in excess of $200, the contributor's occupation and the name of his or her employer;

(B) The amount of each earmarked contribution, the date received by the conduit, and the intended recipient as designated by the contributor; and

(C) The date each earmarked contribution was forwarded to the recipient candidate or authorized committee and whether the earmarked contribution was forwarded in cash, by the contributor's check, by the conduit's check, or by electronic transfer.

(v) For each earmarked contribution passed through the conduit's or intermediary's account, the information specified in paragraph (c)(1)(iv) (A) through (C) of this section shall be itemized on the appropriate schedules of receipts and disbursements attached to the conduit's or intermediary's report, or shall be disclosed in writing, as appropriate. For each earmarked contribution forwarded in the form of the contributor's check or other written instrument, the information specified in paragraph (c)(1)(iv) (A) through (C) of this section shall be disclosed as a memo entry on the appropriate schedules of receipts and disbursements attached to the conduit's or intermediary's report, or shall be disclosed by letter, as appropriate.

(2) Reports by recipient candidates and authorized committees. (i) The recipient candidate or authorized committee shall report each conduit or intermediary who forwards one or more earmarked contributions which in the aggregate exceed $200 in any election cycle.

(ii) The report by the recipient candidate or authorized committee shall contain the following information:

(A) The identification of the conduit or intermediary, as defined in 11 CFR 100.12;

(B) The total amount of earmarked contributions received from the conduit or intermediary and the date of receipt; and

(C) The information required under 11 CFR 104.3(a) (3) and (4) for each earmarked contribution which in the aggregate exceeds $200 in any election cycle.

(iii) The information specified in paragraph (c)(2)(ii) (A) through (C) of this section shall be itemized on Schedule A attached to the report for the reporting period in which the earmarked contribution is received.

(d) Direction or control. (1) A conduit's or intermediary's contribution limits are not affected by the forwarding of an earmarked contribution except where the conduit or intermediary exercises any direction or control over the choice of the recipient candidate.

(2) If a conduit or intermediary exercises any direction or control over the choice of the recipient candidate, the earmarked contribution shall be considered a contribution by both the original contributor and the conduit or intermediary. If the conduit or intermediary exercises any direction or control over the choice of the recipient candidate, the report filed by the conduit or intermediary and the report filed by the recipient candidate or authorized committee shall indicate that the earmarked contribution is made by both the original contributor and the conduit or intermediary, and that the entire amount of the contribution is attributed to each.

[54 FR 34113, Aug. 17, 1989 and 54 FR 48580, Nov. 24, 1989; 61 FR 3550, Feb. 1, 1996; 81 FR 94240, Dec. 23, 2016; 84 FR 18700, May 2, 2019; 89 FR 217, Jan. 2, 2024]

Notes of Decisions

Cited in 14 cases (3 in the last 5 years), 1990–2024 · leading case: McCutcheon v. Fed. Election Comm'n, 134 S. Ct. 1434 (2014).

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McCutcheon v. Fed. Election Comm'n, 134 S. Ct. 1434 (2014). · cites it 6× “1(h)(1). Nor may an individual who has contributed to a candidate also contribute to a political committee that has supported or anticipates supporting the same candidate, if the individual knows that "a substantial portion [of his contribution] will be contributed to, or…”

Fed. Election Comm'n v. Nat'l Repub. Senatorial Comm., 966 F.2d 1471 (D.C. Cir. 1992). · cites it 10× “One such regulation, 11 C.F.R. § 110.6 (d), deals with transactions of the sort before us in this case: an individual gives a contribution to a national political committee for the committee to pass on to the candidate.”

Common Cause v. Fed. Election Comm'n, 729 F. Supp. 148 (D.D.C. 1990). · cites it 6× “§§ 434 (b), 441a(h) and 441d(a), as well as 11 C.F.R. § 110.6 (d)(2). 13. After investigating the matters alleged in the complaint of Common Cause, on January 28, 1988, the General Counsel of the FEC recommended that the FEC find probable cause that the NRSC had violated all of…”

United States v. O'Donnell, 608 F.3d 546 (9th Cir. 2010). “We note, however, the Federal Election Commission regulation stating that when an intermediary exercises direction or control over a gift, the entire amount must be attributed to both the original source and the intermediary.”

Fed. Election Comm'n v. Colorado Repub. Fed. Campaign Comm., 213 F.3d 1221 (10th Cir. 2000). · cites it 2× “§ 441a(a)(8); see 11 C.F.R. § 110.6 (b)(1) (2000) (defining “earmarked” as any “designation, instruction, or encumbrance, whether direct or indirect, express or implied, oral or written, which results in all or any part of a contribution being made to .”

Cao v. Fed. Election Comm'n, 688 F. Supp. 2d 498 (E.D. La. 2010). “Notably, though, the RNC does not accept earmarked contributions, as defined in 11 C.F.R. § 110.6 , for any particular candidate.”

Fed. Election Comm'n v. Nat'l Repub. Senatorial Comm., 761 F. Supp. 813 (D.D.C. 1991). · cites it 8× “earmarked” within the meaning of FECA and thus should be considered contributions from NRSC to the candidates, and second, as the FEC General Counsel also had previously urged, even if the contributions had been adequately earmarked, NRSC had exercised “direction or control”…”

Fed. Election Com'n v. Friends of Jane Harman, 59 F. Supp. 2d 1046 (C.D. Cal. 1999). · cites it 3× “11 C.F.R. § 110.6 (a). The regulation states that “conduit or intermediary means any person who receives and forwards an earmarked contribution to a candidate or a candidate’s authorized committee.”

United States v. Hsia, 24 F. Supp. 2d 33 (D.D.C. 1998). “§ 441a(a)(8); see 11 C.F.R. § 110.6 (a).. This provision, however, was intended to address legal "conduit” contributions — for instance when an individual contributes money to a national party that is earmarked for the campaign of a certain candidate — and both the government…”

Ready for Ron v. Fed. Election Comm'n (D.D.C. 2023). · cites it 4× “The FEC, in turn, has promulgated regulations that impose certain requirements on conduits, including (1) that conduit contributions must be forwarded to their ultimate recipient “no later than 10 days after receipt,” 11 C.F.R. §§ 110.6 (b)(2)(iii), 102.8(a), (c); (2) that a…”

Fed. Election Comm'n v. Nat'l Repub. Senatorial Comm., 877 F. Supp. 15 (D.D.C. 1995). “§§ 441a(h) and 434(b); 11 C.F.R. §§ 110.6 (d)(2) and 106.1. Years passed with minimal action.”

Nrsc v. Fec (6th Cir. 2024). · cites it 2× “” 11 C.F.R. § 110.6 (b)(1). The plaintiffs contend that these earmarking provisions prohibit the collusion that party coordinated spending limits are designed to capture, rendering the limits unnecessary.”

Show all 14 citing cases →

— 11 C.F.R. § 110.6(b)(1) — 1 case

Fed. Election Comm'n v. Colorado Repub. Fed. Campaign Comm., 213 F.3d 1221 (10th Cir. 2000). “§ 441a(a)(8); see 11 C.F.R. § 110.6 (b)(1) (2000) (defining “earmarked” as any “designation, instruction, or encumbrance, whether direct or indirect, express or implied, oral or written, which results in all or any part of a contribution being made to .”

— 11 C.F.R. § 110.6(d) — 1 case

Fed. Election Comm'n v. Nat'l Repub. Senatorial Comm., 761 F. Supp. 813 (D.D.C. 1991). “earmarked” within the meaning of FECA and thus should be considered contributions from NRSC to the candidates, and second, as the FEC General Counsel also had previously urged, even if the contributions had been adequately earmarked, NRSC had exercised “direction or control”…”

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