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HOME / LAW & REGULATIONS / REGULATIONS / E&J - MAIN / CITATION INDEX / PART 109

E&J Citation Index
General Regulations: Part 109

The Citation Index lists numerically, then chronologically, all regulations that have a written Explanation and Justification (E&J).

For each regulation listed, the index provides the subject and the year the rule took effect. (For notices prior to April 2005, the page number in the Paper Version of the Compilation is also included.) Be aware that a citation may cover different subjects over the years. The conversion tables trace the periodic reorganization and renumbering of regulations. The Appendix lists previous citations for any current regulation that has been renumbered. Users of this Compilation are referred to the Appendix by an asterisk next to the subject category in this index. If the E&J simply explains an amendment to the regulation, but not a change in Commission policy or citation, only the year and the page are given for the E&J. To locate a particular E&J for a regulation, simply look up the citation, then match up the subject and year, and click on the Year/Link listed.

The PDF files on this web site may be viewed or printed using the Adobe® Acrobat® Reader available from Adobe Systems Incorporated.

Part 109: Coordinated and Independent Expenditures

 

Part 109: Coordinated and Independent Expenditures
Subpart A: Scope and Definitions

Citation

Subject

Year/
Link

Paper
Version
Page

109 - Interpretive Rule on When Certain Independent Expenditures Are "Publicly Disseminated" for Reporting
Purposes
-

109.1

-

Reports by committees

1975

31

-

-

Definitions

1977

54

-

-

-

1980

130

-

-

-

1995

465

-

-

-

2001

606

-

-

Applicability

2003

769

-

(a)

Independent Expenditure

2001

606

-

-

Deleted

2003

769

-

(b)(1)

Person

1995

465

-

-

Deleted

2003

769

-

(b)(2)

Expressly advocating

1995

465

-

-

Deleted

2003

769

-

(b)(3)

Clearly identified candidate

1995

465

-

-

Deleted

2003

769

-

(b)(4)

Made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a candidate or any agent or authorized committee of the candidate

1977

54

-

-

Repealed

2001

606

-

(d)

Agency

1977

54

-

-

Deleted

2003

769

-

(e)

* Limitation on independent expenditures

1977

54

-

-

-

2003

768

-

-

Deleted

2003

769

-

(f)

Date independent expenditure is made

2002

617

-

-

Deleted

2003

769

109.2

-

Reports; political parties

1975

31

-

-

Reporting independent expenditures

1977

54

-

-

Reporting of independent expenditures by persons other than a political committee

1980

130

-

-

-

1996

484

-

-

-

2001

590

-

-

Removed and reserved

2003

764

-

(a)

Reporting by political committees

1977

54

-

-

* General rules

1980

130

-

-

-

1996

484

-

-

-

2001

590

-

-

Removed and reserved

2003

764

-

(a)(1)(v)

* Statement of certification

2002

618

-

-

Removed and reserved

2003

764

-

(b)

* Reporting by person

1977

54

-

-

-

2002

618

-

-

Removed and reserved

2003

764

-

(c)

* Acceptable method of verification

2002

618

-

-

Removed and reserved

2003

764

109.3

-

Financial statements; time and content

1975

31

-

-

* Non-authorization notice

1980

130

-

-

Definitions

2003

769

- - -
-

-

(a)

Agent of a party committee

2003

769

-

(b)

Agent of a federal candidate

2003

769

109.4

-

Committees receiving federal funds

1975

32

-

-

Independent expenditures

1977

54

-

-

Deleted

1980

130

109.5

-

Convention expenses; reporting

1975

32

-

-

Independent contributions

1977

54

- - Deleted
130
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Part 109: Coordinated and Independent Expenditures
Subpart B: Independent Expenditures

Citation

Subject

Year/
Link

Paper
Version
Page

109.10

-

Reporting by political committees and other persons

2003

764

-

(b)

* General rule

2003

764

-

-

-

2003

771

-

(c)

* Independent expenditures aggregating $10,000 or more

2003

764

-

(d)

* Reporting by persons

2003

764

-

(e)

* Content of verified reports and statements

2003

764

109.11 -

* Non-authorization notice

2003

771
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Part 109: Coordinated and Independent Expenditures
Subpart C: Coordination

Citation

Subject

Year/
Link

Paper
Version
Page

109.20

(a)

Coordinated

2003

771

- - -
-

-

(b)

Expenditures not for communications coordinated with candidate

2003

771

109.21

-

Coordinated communication

2003

772

- - -
-
- - -
-
- - -
-

-

(a)

Definition

2003

772

- - -
-
- (a)(1) Paid for in whole, or in part, by other person
-

-

(b)

Treatment as an in-kind contribution, reporting

2003

772

-

(b)(1)

General rule

2003

773

-

(b)(2)

In-kind contribution resulting from conduct

2003

773

- - -
-

-

(b)(3)

Reporting of coordinated communication

2003

773

-

(c)

Content standards

2003

773

-

(c)(1)

Electioneering communications

2003

774

-

(c)(2)

Dissemination, distribution, or republication of campaign material

2003

774

-

(c)(3)

Express advocacy

2003

775

- - -
-

-

(c)(4)

Additional content standard

2003

775

- - -
-
- - -
-
- (c)(4)(i) References to House and Senate candidates
-
- (c)(4)(ii) References to Presidential and Vice Presidential candidates
-
- (c)(4)(iii) References to political parties, no candidate
-
- (c)(4)(iii)(A) Coordinated with candidate, use applicable time frame as if candidate is identified
-
- (c)(4)(iii)(B) During two year prior to general election with no Presidential candidates
-
- (c)(4)(iii)(C) During two years prior to Presidential general election
-
- (c)(4)(iv) References to both political parties and clearly identified federal candidates
-
- (c)(4)(iv)(A) Distributed in jurisdiction of House and Senate candidate
-
- (c)(4)(iv)(B) Distributed in jurisdiction of Presidential and Vice Presidential candidate
-
- (c)(4)(iv)(C) Distributed outside jurisdiction of clearly identified candidate
-
- (c)(5) Functional equivalent of express advocacy
-

-

(d)

Conduct standards

2003

777

- - -
-

-

(d)(1)

Request of suggestion

2003

777

- - -
-

-

(d)(2)

Material involvement

2003

779

- - -
-

-

(d)(3)

Substantial discussion

2003

780

- - -
-

-

(d)(4)

Common vendor

2003

781

- - -
-
- - -
-
- - -
-
- (d)(4)(ii) Vendor services during previous 120 days
-
- (d)(4)(iii) Vendor conveys or uses information on plans, projects or needs
-

-

(d)(5)

Former employee/independent contractor

2003

783

- - -
-
- - -
-
- - -
-
- (d)(5)(ii) Former employee conveys or uses information on plans, projects or needs
-

-

(d)(6)

Dissemination, distribution, or republication of campaign materials

2003

785

-

(e)

No requirement of agreement or formal collaboration

2003

786

-

(f)

Responses to inquiries about legislative or or policy issues

2003

786

- (g) Safe harbor for endorsements and solicitations by federal candidates
-
- (h) Safe harbor for establishment and use of a firewall
-
- (i) Safe harbor for commercial transactions
-

109.22

-

Prohibited sources of coordinated communications

2003

787

109.23

-

Treatment of payments for the dissemination, distribution, or republication of candidate campaign materials

2003

787

- - -
-

-

(a)

General rule

2003

787

- (b) Exceptions

2003

788

- (b)(1) Material disseminated, distributed or republished by candidate or committee who prepared it
-
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Part 109: Coordinated and Independent Expenditures
Subpart D: Special Provisions for Political Party Committees

Citation

Subject

Year/
Link

Paper
Version
Page

109.30

-

Treatment of party committees for purposes of coordinated and independent expenditures

2003

789

-

-

-

2004

910

109.31

-

Reserved

2003

789

109.32

-

* Coordinated party expenditure limits

2003

790

- - -
-
- - -
-
- - -
-
- - -
-
- - -
-
- - -
-
- - -
-
- - -
-
- - -
-
- - -
-

-

(a)

* Limits for presidential elections

2003

790

-

(b)

* Limits for other federal elections

2003

790

- - -
-
- - -
-

109.33

-

* Assignment of coordinated party expenditure authority to another party committee

2003

791

-

-

-

2004

910

-

(a)

Assignment

2004

910

109.34

-

* Timing of coordinated party expenditure

2003

792

109.35

-

Restrictions on party making both independent and coordinated expenditures

2003

792

-

-

Removed and Reserved

2004

910

-

(a)

Applicability

2003

792

-

-

Removed

2004

910

-

(b)

Restrictions on certain coordinated and independent expenditures

2003

792

-

-

Removed

2004

910

-

(c)

Restrictions on transfers and assignments

2003

793

-

-

Removed

2004

910

109.36

-

Additional circumstances which prohibit party from making independent expenditures

2003

793

-

-

Circumstances which prohibit party from making independent expenditures

2004

911

109.37

-

Party coordinated communication

2003

794

- - -
-
- - -
-

-

(a)

Definition

2003

794

- - -
-
- (a)(2) Content standards
-
- (a)(2)(i) Dissemination, distribution, or republication of campaign material, in whole or in part
-
- (a)(2)(iii) Public communications
-
- (a)(2)(iii)(A) Public communication with references to House and Senate candidates
-
- (a)(2)(iii)(B) Public communication with references to Presidential and Vice Presidential candidates
-
- (a)(3) Exceptions
-

-

(b)

Treatment

2003

795

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