(a) General. Corporations and labor organizations may make independent expenditures, as defined in 11 CFR 100.16, and electioneering communications, as defined in 11 CFR 100.29. Corporations and labor organizations are prohibited from making coordinated expenditures as defined in 11 CFR 109.20, coordinated communications as defined in 11 CFR 109.21, or contributions as defined in 11 CFR part 100, subpart B.
Note to paragraph (a):Pursuant to SpeechNow.org v. FEC, 599 F.3d 686 (D.C. Cir. 2010) (en banc), and Carey v. FEC, 791 F. Supp. 2d 121 (D.D.C. 2011), corporations and labor organizations may make contributions to nonconnected political committees that make only independent expenditures, or to separate accounts maintained by nonconnected political committees for making only independent expenditures, notwithstanding 11 CFR 114.2(b) and 11 CFR 114.10(a). The Commission has not conducted a rulemaking in response to these cases.
(b) Reporting independent expenditures and electioneering communications. (1) Corporations and labor organizations that make independent expenditures aggregating in excess of $250 with respect to a given election in a calendar year shall file reports as required by 11 CFR part 114, 104.4(a), and 109.10(b)-(e).
(2) Corporations and labor organizations that make electioneering communications aggregating in excess of $10,000 in a calendar year shall file the statements required by 11 CFR 104.20(b).
(c) Non-authorization notice. Corporations or labor organizations making independent expenditures or electioneering communications shall comply with the requirements of 11 CFR 110.11.
(d) Segregated bank account. A corporation or labor organization may, but is not required to, establish a segregated bank account into which it deposits only funds donated or otherwise provided by persons other than national banks, corporations organized by authority of any law of Congress, or foreign nationals (as defined in 11 CFR 110.20(a)(3)), as described in 11 CFR 104.20(c)(7), from which it makes disbursements for electioneering communications.
(e) Activities prohibited by the Internal Revenue Code. Nothing in this section shall be construed to authorize any organization exempt from taxation under 26 U.S.C. 501(a) to carry out any activity that it is prohibited from undertaking by the Internal Revenue Code, 26 U.S.C. 501, et seq.
[79 FR 62819, Oct. 21, 2014, as amended at 81 FR 34864, June 1, 2016]
Notes of Decisions
McConnell v. Fed. Election Comm'n, 251 F. Supp. 2d 176 (D.D.C. 2003).
· cites it 10× “11 C.F.R. § 114.10 (d)(1) ("A qualified nonprofit corporation may make independent expenditures, as defined in 11 C.”
Beaumont v. Fed. Election Comm'n, 137 F. Supp. 2d 648 (E.D.N.C. 2000).
· cites it 15× “2 (b) (prohibiting all corporate contributions to federal candidates and all expenditures made by non-“qualifying” corporations), and 11 C.F.R. § 114.10 (making a narrow exception to the ban on corporate expenditures for certain “qualified” nonprofit corporations).”
Wisconsin Right to Life, Inc. v. Fed. Election Comm'n, 466 F. Supp. 2d 195 (D.D.C. 2006).
· cites it 2× “[2] WRTL admits that it does not qualify for any exception permitting it to pay for the exception electioneering communications from corporate funds because (a) it is not a "qualified nonprofit corporation" within the definition of 11 C.F.R. § 114.10 so as to qualify for the…”
Fed. Election Comm'n v. Nat'l Rifle Ass'n of Am., 254 F.3d 173 (D.C. Cir. 2001).
“provided that the credit is extended in the ordinary course of a corporation’s business and the terms are substantially similar to extensions of credit to nonpolitical debtors.”
Beaumont v. Fed. Election Comm'n, 278 F.3d 261 (4th Cir. 2002).
· cites it 7× “1 The FEC rigidly codified these three characteristics in 11 C.F.R. § 114.10 . Corporations that meet the criteria in 11 C.”
Christian Civic League of Maine, Inc. v. Fed. Election Comm'n, 433 F. Supp. 2d 81 (D.D.C. 2006).
“619 (holding that the current Act’s electioneering communications provision contains the same exemption); see also 11 C.F.R. § 114.10 . To qualify as an MCFL organization, a corporation must not “engage in business activities”; on the other hand, it may obtain donations, at…”
MN Citizens v. Fed. Election Com (8th Cir. 1997).
· cites it 3× “The Federal Election Commission (“FEC”) appeals the district court’s1 decision that 11 C.F.R. § 114.10 violates the First Amendment rights of Minnesota Citizens Concerned for Life (“MCCL”) as construed by this court in Day v.”
In Re Fund for a Conservative Majority, 100 B.R. 307 (Bankr. E.D. Va. 1989).
· cites it 2× “As noted in the Commission’s brief on page 7, while 11 C.F.R. § 114.10 (b) precludes a corporation from forgiving or settling debts for less than the amount owed, subsection (c) permits the settlement or forgiveness of debts which have been treated in a “commercially reasonable…”
— 11 C.F.R. § 114.10(a) — 1 case
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