CHAPTER 12
Completing FEC
Form 3X
1. Reporting Forms
NOTE: The reporting examples in this chapter are PDF files. To view these files, you'll need to download a free copy of Adobe Reader.
FEC
paper forms should be typed; printing in ink is also acceptable as long as the
forms are legible. Because filings will be photocopied
several times before being placed on the public record, the documents filed
with the Commission (or Secretary of the Senate, if appropriate) should be the
originals. Committees submitting illegible documents will be required to
refile.
The
treasurer should not forget to retain a photocopy of each report filed with the
Commission, along with the appropriate records, for three years.
Form
3X and Schedules
FEC
Form 3X is the form used by party committees to disclose receipts and
disbursements. The same form is used for all types of reports, including
quarterly reports, semiannual reports, pre- and post-election reports and
termination reports.
The
Form 3X booklet contains:
• The Summary Page
• The Detailed Summary Page
• Schedule A—Itemized
Receipts
• Schedule B—Itemized Disbursements
• Schedule C—Loans
• Schedule C-1—Loans and Lines of Credit from
Lending Institutions
• Schedule D—Debts and Obligations
• Schedule E—Independent Expenditures
• Schedule F—Itemized Coordinated Party
Expenditures
• Schedules H1-H6—Allocation of Federal
Nonfederal and Levin Expenses (See Chapter 10 for information on the allocation
schedules.)
• Schedules L, L-A and L-B. – Receipts and
Disbursements of Levin Funds
Information
entered on the Summary Page and Detailed Summary Page is based on information
from the schedules. The schedules, therefore, are normally filled out first.
The instructions in this chapter begin with Schedule A.
Electronic Filing
Committees
filing with the FEC can take advantage of the electronic filing program.
Reports can be filed electronically on
a 3.5” diskette, via modem or via the Internet. For more information about
electronic filing, including the mandatory electronic filing requirements that
apply to some committees, Click here or contact the FEC.
While
what follows in this chapter applies to both paper and electronic filers,
electronic filers should consult their software providers for additional
information.
Computerized
Forms
A
committee that files on paper may use computer-produced versions of the
Schedules included in Form 3X, but they must first be submitted to the
Commission for approval. This rule applies even if the committee is using
commercial software advertised as approved for FEC reporting. 104.2(d). Committees may also submit computer-generated
Summary and Detailed Summary Pages, but these pages must be reproductions of
the original FEC forms. See AO 1992-11.
Alternatively,
continuous-feed versions of the Summary Page and the Detailed Summary Page are
available from the Commission for use in a computer printer.
The
committee should send samples of its proposed forms and schedules to the FEC’s
Reports Analysis Division. 104.2(d); FEC Directive 37.
Forms Available on Faxline and FEC Web Site
Faxline
The
reporting forms are available on the FEC’s fax-on-demand service, Faxline, at
202/501-3413. Below are the document numbers of the reporting forms for party
political committees:
• Form 1—Statement of Organization—#801
• Form 3X—Financial Reporting for Unauthorized
Committees—#804
• Schedule A—Itemized Receipts—#825
• Schedule B—Itemized Disbursements—#826
• Schedule C and C-1—Loans—#827
• Schedule D—Debts and Obligations—#828
· Schedule E— Independent Expenditures--#829
· Schedule F – Itemized Coordinated Party Expenditures
-- #830
· Schedule H1-H6 – Allocation -- #831
· Schedules L, L-A, L-B – Aggregation Page, Receipts
and Disbursements of Levin Funds -- #832
Web Site
All
FEC reporting forms are also available on the FEC web site
(www.fec.gov/info/forms.shtml).
2. Itemized Receipts: Schedule A
Regardless
of Amount
Several
types of receipts must be itemized on Schedule A regardless of amount. They
include:
• Contributions from political committees and similar organizations;
• Transfers from other party committees and party
organizations;
• Transfers from nonfederal accounts and of Levin
funds;
• Loans received;
• Loan payments received; and
• Refunded contributions received from political
committees.
$200
Threshold
A
receipt in any of the following categories must be itemized if it exceeds $200
per calendar year, either by itself or when aggregated with other receipts from
the same source:
• Contributions from individuals and groups other
than political committees;
• Offsets to operating expenditures (rebates,
refunds and returns of deposits); and
• Other receipts (such as interest and dividends
earned on invested funds).
Itemizing
Receipts When Not Required
A
committee that chooses to itemize all its receipts, regardless of the $200
threshold, should use a separate Schedule A to itemize the small contributions
(i.e., receipts that do not aggregate over $200). The committee should include
those receipts in the total for Line 11a(ii) on the
Detailed Summary Page (Click here).
Categorizing
Receipts
Before beginning to itemize the committee’s receipts, separate them into the
different categories listed on the Detailed Summary Page (“Contributions from
Individuals,” “Contributions from Political Committees,” etc.; an illustration
of a completed Detailed Summary Page appears
here). The receipts in each category must be itemized on a separate
Schedule A designated for that category.
Indicate
the type of receipt itemized on a particular Schedule A by entering the
corresponding line number from the Detailed Summary Page where indicated in the
upper right corner of the schedule. The appropriate category of receipt may
also be written at the top of each page.
Some
categories may require several pages. The total for each category should be
entered on the bottom line of the last page for that category.
Itemized
Information
For
each itemized receipt, provide:
• The full name and address (including zip code)
of the contributor or other source;
• The name of the contributor’s employer (if the
contributor is an individual);
• The contributor’s occupation (if the
contributor is an individual);
• The date of receipt;
• The amount;
• The aggregate, year-to-date total of all
receipts (within the same category) from the same source. 104.3(a)(4); and
• The committee ID number of the contributor, if
appropriate.
(The
space indicating the election for which a contribution is made (“Receipt For”)
should be left blank by a party committee unless the receipt is a refund of a
contribution made to a candidate.)
Special
Employer Information
If
a contributor is self-employed, that should be recorded in the Employer space.
If a contributor is not employed, the Employer space should be left blank, but
the Occupation space should always be completed (e.g., “unemployed,” “retired,”
“homemaker”).
Best
Efforts Required
Apply “best efforts” to obtain and report the information listed above. Click
here for information.
When
determining whether to itemize an in-kind contribution, follow the same guidelines listed under “When
to Itemize Receipts." Click
here for information on how to determine
the dollar value of an in-kind contribution.
In
addition, add the value of the in-kind contribution to the operating
expenditures total on Line 21b (in
order to avoid inflating the cash-on-hand amount). 104.13(a)(2).
If
the in-kind contribution must be itemized on
Schedule A, then it must also be
itemized on a Schedule B for
operating expenditures.
Appreciated
Goods
When
a committee receives an in-kind contribution whose value may appreciate over
time, such as stock or artwork, special reporting rules apply:
• Itemize the initial gift, if necessary, as a
memo entry on Schedule A. Under
“Amount,” report the fair market value of the contribution on the date the item
was received. (Reminder: the amount is subject to the $10,000 contribution
limit.) Do not include that amount in
the total for Line 11a(i) on the Detailed Summary
Page.
• Once the item is sold, report the sale price as
a contribution on Line 11a(i) if the purchaser is
known or as an “other receipt” on Line 15 if the purchaser is unknown. Itemize
the transaction on Schedule A if necessary. 104.13(b).
See also AO 1989-6.
Joint
Contributions
A
joint contribution is made by a
single check (or other written instrument) that bears two signatures. A check
with one signature may also be a joint contribution if an accompanying form or
letter, signed by both contributors, instructs the committee to treat it as a
joint contribution. (A check drawn on a joint bank account but signed by only
one person does not qualify as a joint contribution absent an accompanying form
or letter. Attribute the full amount of such a check only to the person who
signed it. Alternatively, the committee may reattribute the contribution using
the procedures described below.)
For
the purposes of itemization, report a joint contribution as though the joint
contributors had given separately.
A
joint contribution is itemized in the
illustration (entries A and B). The
committee received a $1,000 check from Mr. and Mrs. Jellineck, signed by both.
Because there were no instructions as to how to attribute the check, the
committee must divide it equally between the two spouses—$500 from each.
110.1(k)(2).
Reattributions
This section describes how to report contributions for which the committee has requested reattributions from contributors.
Receipt
of Original Contribution
When
itemizing a contribution that must be reattributed to correct an excessive
amount, include a statement on
Schedule A noting that
a reattribution has been requested. 103.3(b)(5).
Receipt
of Reattribution
In
the report covering the period during which the reattribution is received,
itemize as memo entries:
• Information on the contribution as it was
previously disclosed; and
• Information on the contribution as it was
reattributed, including the date the reattribution was received. 104.8(d)(3).
(Memo
entries are explained below.)
Refund
of Excessive Portion
If
the committee does not receive the reattribution, the committee must refund the
excessive portion within 60 days of the treasurer’s receipt of the
contribution. Disclose the refund on the next report. 103.3(b)(3)
and (5); 104.8(d)(4). See also “Refunds Made by
the Committee.
Memo
Entry
Use
a memo entry on a schedule (a dollar amount with the designation “memo”) to
provide information about a particular transaction when the amount of that
transaction is not to be included in the total figure for that schedule (and
the corresponding line number on the Detailed Summary Page). For example, a
memo entry is used to disclose a reattribution of a contribution whose dollar
amount has already been included in the total for Line 11.
Bounced
Checks
If
a committee reports the receipt of a check and later finds it cannot be
negotiated because of insufficient funds in the donor’s account, the committee
deducts the amount from its next report as follows:
• If the receipt was not itemized in a previous
report, deduct the amount of the check from the total for unitemized
contributions (Line 11a(ii)) on the Detailed Summary
Page).
• If the receipt was itemized previously, itemize
the return of the check as a
negative entry
on a Schedule A for the appropriate line number.
Checks
received and returned by the bank in the same reporting period do not need to
be reported.
Negative
Entry
A
negative entry is usually shown as a
dollar amount in parentheses. The amount is always deducted from the total for
that schedule (and the corresponding line number on the Detailed Summary Page).
A negative entry is used, for example, when a contributor’s check bounces or is
returned to the contributor without having been deposited in the committee’s
account.
3. Reporting Receipts: The Detailed Summary Page
Listed
below are the categories of receipts found on the Detailed Summary Page. For
each category, enter a total for the current period and for the year to date.
Line 11.
Contributions
Report
total monetary and in-kind contributions received, both itemized and
unitemized.
Line
11a: Contributions from Individuals and Other Groups
Use
Line 11a to report contributions from individuals and groups other than
political committees (such as partnerships).
Itemize
contributions that exceed the $200 aggregate threshold on Schedule A; enter the
total on Line 11a(i). Enter total unitemized
contribution on Line 11a(ii). Enter total itemized and
unitemized contributions from individuals/others on Line 11a(iii).
Line
11b: Political Party Committees
Leave
this line blank: party committees report funds received from other party
committees and party organizations as transfers-in on Line 12; see below.
Line
11c: Other Political Committees
Itemize
contributions from nonparty political committees on Schedule A, regardless of amount, and enter the total on Line
11c.
Line
11d: Total Contributions
Enter
the total of Lines 11a–c on Line 11d.
Line 12.
Transfers-In
Itemize
any transfers of funds received from other party committees or party
organizations on a Schedule A (see
example). Enter the total on Line 12.
Line 13.
Loans Received
Itemize any loans received on a Schedule A. Enter the total amount on Line 13.
Committees receiving loans must also file Schedules C and C-1. Click
here for more information.
Line 14.
Loan Repayments Received
Itemize any repayments received on loans made by the committee on a Schedule A.
Enter the total on Line 14. Committees receiving loan repayments must also file
Schedule C. Click here.
Line 15.
Offsets to Operating Expenditures
Refunds,
rebates and returns of deposits are considered offsets to operating
expenditures. Itemize offsets on a Schedule A once the committee receives more
than $200 from the same source during a calendar year (see example). Enter the
total on Line 15.
Line 16.
Refunds of Contributions
Itemize refunds of contributions made by the committee on a Schedule A
regardless of their amount. Enter the total on Line 16. Click
here.
Line 17.
Other Federal Receipts
This category includes interest and dividends earned on investments. Itemize
these receipts on a Schedule A once the committee receives more than $200 from
the same source during a calendar year. Enter the total under this category on
Line 17. Click
here for more information
on interest and dividends.
Line 18. Transfers
from Nonfederal Account and Levin Funds
If
the committee maintains a nonfederal account for state and local election
activities, or a Levin account for federal election activity (FEA), the
committee (i.e., the federal or allocation account) may accept funds
transferred by the nonfederal or Levin account in order to pay its share of certain
allocable expenses. 106.7(f)(1) and 300.33(d)(1).
Report the total amount transferred from the nonfederal or Levin account during
the period (i.e., the total from Schedule H3 or H5) on Line 18.
Other
rules concerning these transfers are explained in Chapters
13 and
14.
4. Itemized Disbursements
When
to Itemize Disbursements
Regardless
of Amount
The
disbursements listed below must be itemized, regardless of amount, on Schedule
B (or indicated schedule):
• Shared federal/nonfederal operating
expenditures (itemized on Schedule
H4—see Chapter 10);
• Expenditures for allocated FEA;[1]
• Contributions to candidates and political
committees;
• Coordinated party expenditures (itemized on
Schedule F);
• Loan repayments;
• Loans made by the committee; and
• Transfers to other party committees and party
organizations.
Note that refunds of contributions (Line 26 of the Detailed Summary Page) must
be itemized on Schedule B only if the incoming contribution had to be itemized
on Schedule A, as explained below.
Other
Disbursements: $200 Threshold
A
disbursement that does not fall under one of the categories listed above (such
as a federal operating expenditure or an independent expenditure) must be itemized if it exceeds $200
when aggregated with other disbursements made to the same payee during the
calendar year. (Please note that independent expenditures are itemized on
Schedule E.)
How
to Itemize Disbursements
Separate
Categories of Disbursements
Before
beginning to itemize the committee’s disbursements, separate them into the
different categories listed on the Detailed Summary Page (“Operating
Expenditures,” “Contributions to Federal Candidates,” etc.; an
illustration of
a completed Detailed Summary Page appears here). The disbursements in
each category must be itemized on a separate Schedule B designated for that
category.
Indicate
the type of disbursement itemized on a particular Schedule B by entering the
corresponding line number from the Detailed Summary Page in the upper right
corner of the schedule. The appropriate category of disbursement may also be
written at the top of each page.
Some
categories may require several pages. The total for each category should be
entered on the bottom line of the last page for that category.
Itemized
Information
Itemized
disbursement information includes:
• Name of payee;
• Address of payee;
• Purpose of disbursement (a brief but specific
description of why the disbursement was made—see Schedule B instructions and
104.3(b)(3)(i)(B));
• Date of payment; and
• Amount. 104.3(b)(3);
104.9.
Contributions
to Candidates: Additional Information
Further
information is required when itemizing a contribution to a candidate committee
on Schedule B. Include the candidate’s name and the office sought (including
the state and, if applicable, Congressional district). When itemizing a
contribution or loan to a candidate committee, specify the election for which
the payment was made by checking the appropriate category in the election
designation box. 104.3(b)(3)(v). See illustration.
Redesignations
of Contributions
Use
memo entries to show any
redesignations of contributions made (explained
here).
If
a contribution to a candidate is redesignated for a different election after
the close of books, show the redesignation on the next report and indicate the
report on which the original contribution was itemized.
In
this illustration, the committee originally made a $10,000 contribution to a
candidate’s campaign, intending half of it to count toward the general
election. The committee itemized the contribution in its
year-end
report. Later, the campaign requested that the committee redesignate the excessive $5,000 for the general election campaign. The
committee itemized the redesignation in its
April quarterly report.
5. Reporting Disbursements:
The Detailed Summary Page
Line-by-line
instructions for filling out the Disbursements portion of the Detailed Summary
Page are given below. See previous page for information on how to itemize
disbursements on Schedule B.
More
information on reporting loans, debts and independent expenditures appears
later in this chapter.
Line 21.
Operating Expenditures
Line
21a: Allocated Federal/Nonfederal Activity
Report
the total federal and nonfederal portions of shared operating expenditures
separately on Lines 21a(i) and (ii). The numbers are
taken from the bottom of Schedule H4. Line 21a is not used if the committee
maintains only one account for federal and nonfederal activities or if the
committee is not involved in nonfederal election activities.
Line
21b: Other Federal Operating Expenditures
Report
all operating expenditures other than shared operating expenditures on Line
21b.
Itemize
them on a Schedule B for Line 21b once payments to any payee exceed $200 in a
calendar year.
Line
21c: Total Operating Expenditures
Report
the total of Lines 21a and 21b on Line 21c.
Line 22.
Transfers-Out
Itemize
transfers to party committees and party organizations, regardless of amount, on
a Schedule B for Line 22. Enter the total from that schedule on the Detailed
Summary Page.
Line 23.
Contributions to Federal Candidates and Other Political Committees
Itemize
all monetary and in-kind contributions made to candidate committees and other federal
political committees, regardless of amount, on a Schedule B for Line 23. Report
the total from that schedule on the Detailed Summary Page. An example of an itemized
contribution to a candidate is provided
here.
Line 24.
Independent Expenditures
Disclose
independent expenditures on Schedule E
(Click here). Enter the Schedule
E total of itemized and unitemized independent expenditures on Line 24.
Line 25.
Coordinated Party Expenditures
Disclose
coordinated party expenditures on
Schedule F (Click here). Enter the
Schedule F total on Line 25.
Line 26.
Loan Repayments
Click
here for information on how to
itemize the payments on Schedules B and C. Enter the total paid on loans on
Line 26.
Line 27.
Loans Made
Click
here for information on how to
report loans made by the committee on Schedules B and C. Enter the total amount
loaned during the period on Line 27.
Line 28.
Refunds of Contributions
Itemize a refund made by the committee only if the original contribution was
itemized. Other rules for reporting contribution refunds made by the committee
are described here. Enter the
total amount refunded during the period on Line 28.
Line 29.
Other Disbursements
“Other
disbursements” include donations made by the committee to nonfederal candidates
and committees. Itemize “other disbursements” on a Schedule B for Line 29 when
they exceed $200 to the same payee during a calendar year. Enter the total of
itemized and unitemized other disbursements on the Detailed Summary Page.
Line 30.
Federal Election Activity
State, district and
local party committees making disbursements for FEA
must enter figures on Line 30.
Line 30(a): Allocated Federal
Election Activity
Report the total federal
and Levin portions of allocated federal election activity separately on Lines
30(a)(i) and (ii). The numbers are taken from Schedule
H6.
Line
30(b): FEA Paid Entirely with Federal Funds
Expenditures of $200 or
more for FEA
which are made entirely with federal funds must be itemized on Line 30(b).
Line
30(c): Total Federal Election Activity
Report the total of
Lines 30(a) and 30(b) on Line 30(c).
For further information
on FEA, see below and in chapter
8. For information on allocating these disbursements, see chapter 13.
6. Contribution Refunds Made and Received
Refunds
Made by the Committee
When
a committee refunds a contribution to a donor, the committee must include the
disbursement in the total for the appropriate category of refund on the
Detailed Summary Page (Line 28(a), (b) or (c)). If the committee previously
itemized the incoming contribution on Schedule A, then it must itemize the
refund on a Schedule B for the appropriate line number. 104.8(d)(4).
(A
committee may return a contribution to the donor without depositing it,
although the return must be made within 10 days of the treasurer’s receipt of
the contribution. 103.3(a). In this case, the committee does not have to report
either the receipt or the return of the contribution.)
Refunds Received by the
Committee
If
a committee receives a refund of a contribution it has made, it must report the refund in one of two ways,
depending on the circumstances described below. 104.8(d)(4).
Original
Check Not Deposited
If
a check to a candidate committee or other political committee is not deposited (e.g., if it is
returned uncashed or is lost), report
the amount as a negative entry on a
Schedule B for Line 23, “Contributions to Federal Candidates and Other
Political Committees.” (The amount is subtracted from the total for Line 23.)
Refunded
by Recipient’s Check
If
the recipient committee deposits the contribution and then refunds it with its
own check, itemize the refund, regardless of amount, on a
Schedule A for Line
16, “Refunds of Contributions.”
When
a volunteer or a committee staff member uses his or her personal funds or personal credit to pay a vendor for
an expense and is later reimbursed by the committee, special reporting rules
apply.
Travel
Expenses Reimbursed Within 30 or 60 Days
No
contribution results when the committee reimburses a volunteer or staff member
for travel expenses within the following time periods:
• If the
individual paid with cash or a personal check, within 30 days from the date the
expense was incurred.
• If the individual
paid with a credit card, within 60 days of the closing date on the credit card
billing statement. 116.5(b).
Reimbursed
Within Time Limit and in Same Reporting Period
When
the committee makes a reimbursement within these time limits, the committee reports
the advance and reimbursement as follows:
• The original
advance is not reported; and
• The
reimbursement is reported as an operating expenditure on Line 17. AO 1992–1.
Reimbursed
Within Time Limit but in Later Reporting Period
Note
that, if the reimbursement is made within the appropriate time limit but not
within the reporting period in which the advance was made, the committee must
report the advance on Schedule D as a debt if it exceeds $500. Once the reimbursement is actually made, the
committee reports it as an operating expenditure and itemizes it on Schedule B
if reimbursements to any one person exceed $200 for the election cycle.
Travel
Advances Not Reimbursed Within 30 or 60 Days
Not
Reimbursed Within Time Limit but Within Same Reporting Period
Travel
advances that are not reimbursed within the appropriate 30 or 60 day time limit
(116.5(b)) but that are reimbursed within the reporting period in which the
advance is made are considered contributions and must be reported as follows:
• Report the
original advance as a memo entry contribution on Schedule A if the total of the
advance plus any other contributions made by the same person within the
election cycle, minus any reimbursements made in the reporting period, exceeds
$200; and
• Report the
reimbursement as an operating expenditure and, if reimbursements to that person
exceed $200 in the election cycle, itemize it on
Schedule B (with a
cross-reference to the memo entry on Schedule A for the advance—if the advance
was itemized).
Not
Reimbursed Within Time Limit and Not Within Same Reporting Period
Travel
advances that are not reimbursed within the appropriate 30 or 60 day time limit
(116.5(b)) and that are not reimbursed within the reporting period in which the
advance was made must be reported as follows:
• Report the
original advance as a memo entry contribution on Schedule A if the total of the
advance plus any other contributions made by the same person within the
election cycle, minus any reimbursements made in the reporting period, exceeds
$200;
• Report the
amount of the advance outstanding at the end of the reporting period as a debt
on Schedule D if it exceeds $500 or has been outstanding for more than 60 days;
and
• Report the
reimbursement as an operating expenditure and, if reimbursements to that person
exceed $200 in the election cycle, itemize it on Schedule B (with a
cross-reference to the memo entry on Schedule A for the advance—if the advance
was itemized).
Nontravel
Advances Made and Reimbursed Within Same Reporting Period
Nontravel
advances that are made and reimbursed within the same reporting period are
considered contributions and must be reported as follows:
• Do not report
the original advance unless, at the end of the reporting period, the amount of
previous contributions in the election cycle from the person making the advance
plus the amount of the advance minus the amount of the reimbursement is greater
than $200 (i.e., previous contributions + the advance - the reimbursement >
$200). In that case, report the advance
as a memo entry contribution on Schedule A; and
• Report the
reimbursement as an operating expenditure and, if reimbursements to that person
exceed $200 in the election cycle, itemize it on Schedule B (with a
cross-reference to the memo entry on Schedule A for the advance—if the advance
was itemized). AO 1992-1.
Nontravel
Advances Made and Reimbursed in Different Reporting Periods
Nontravel
advances that are to be reimbursed in a later reporting period must be reported
as follows:
• Do not report
the original advance unless, at the end of the reporting period, the amount of
previous contributions in the election cycle from the person making the advance
plus the amount of the advance minus the amount of the reimbursement is greater
than $200 (i.e. previous contributions + the advance - the reimbursement >
$200). In that case, report the advance
as a memo entry contribution on Schedule A;
• Report the
amount of the advance outstanding at the end of the reporting period as a debt
on Schedule D if it exceeds $500 or has been outstanding for more than 60 days
(see example at left); and
• Report the
reimbursement, once made, as an operating expenditure and, if reimbursements to
that person exceed $200 in the election cycle, itemize it on Schedule B (with a
cross-reference to the memo entry on Schedule A for the advance—if the advance
was itemized). See AO 1992-1.
Special
Rule for Reporting Reimbursements to Staff (for Travel and Subsistence Advances)
If
the total amount reimbursed to the staff member is $500 or less, the committee
should report the staff member as the payee. If the total amount exceeds $500
and payments to any one vendor used for the expenses total over $200 for the
election cycle, additional information is required to achieve full disclosure.
In this instance the committee must:
• Report the
staff member as payee; and
• Report the payments aggregating over $200 to any one vendor as memo entries on Schedule B. See AO 1996-20, footnote 3.
8. Investments
Principal
When
the committee invests funds in a savings account, money market fund,
certificate of deposit or similar type of account, the principal deposited must
be included in the committee’s cash-on-hand total. (Investment properties, such
as shares of stock, are not included in cash on hand.) The committee does not
report this type of investment as a disbursement because the money is still a
committee asset. 104.3(a)(1); AO 1990-2.
Investment
Income
Report
investment income received or lost during the reporting period in the “Other
Receipts” category (Line 17) of the Detailed Summary Page. If investment income
from one source aggregates over $200 during a calendar year, itemize the
interest on a Schedule A for Line 17. 104.3(a)(4)(vi).
Losses are indicated by negative entries. (See “Interest and Dividends.")
Include
income taxes paid by the committee as other disbursements on Line 21. Itemize
income tax payments on Schedule B only if they aggregate over $200 per year to
the same payee—i.e., the local, state or federal government.
Schedule
F
Itemize
all coordinated party expenditures on Schedule F. (See example.) Enter the
Schedule F total on Line 25 of the Detailed Summary Page.
Expenditures
by Designated Agents
A
state party committee that has designated other party committees to make coordinated party expenditures
must ensure that the designated party groups do not exceed the expenditure
limits for the candidates supported (Click
here). To this end, the FEC recommends the reporting method outlined
below, although a committee may use its own method of controlling and reporting
coordinated party expenditures made by designated agents if the method receives
advance approval from the FEC. 109.33(b).
Under
the recommended method, each designated party committee itemizes its
coordinated party expenditures on Schedule F. The committee files Schedule F
with its own report but also forwards a copy to the designating
party committee.
The
designating committee, in addition to filing its own
Schedule F, attaches those forwarded by designated agents as memo entries. (The memo entry expenditures are not
included in the Line 25 total on the Detailed Summary Page.)
24
Hour Reporting
Coordinated
party expenditure limits are increased for House and Senate candidates when
their opponent’s personal spending exceeds their own by certain threshold
amounts. Each time a national or state political party committees makes
coordinated expenditures in excess of the normal limits, it must notify the
Commission (via fax or e-mail) and the candidate on whose behalf the
expenditure is made within 24 hours, using Schedule F. Be sure to include the
expenditure in the next regularly scheduled FEC report. 11 CFR §400.30(c)(2).
Check
the box at the top of Schedule F to indicate that it is a 24 hour notice. Also,
when disclosing expenditures made under modified limits, check the box on
Schedule F to indicate this.
Schedule
E
Itemize
any independent expenditure which, by
itself or when added to other independent expenditures made to the same payee
during the same calendar year, exceeds $200. The date that a
communication is publicly disseminated serves as the date that a committee must
use to determine whether the total amount of independent expenditures has, in
the aggregate, reached or exceeded the threshold reporting amount of $200.
Independent
expenditures are itemized on Schedule E. A subtotal for itemized independent
expenditures is entered on Line (a).
Independent expenditures made prior to payment should be disclosed as memo
entries on Schedule E and on Schedule D as a reportable debt under 104.11.
Independent
expenditures of $200 or less do not need to be itemized, though the committee
must report the subtotal of those expenditures on Line (b). 104.3(b)(3)(vii)(C) and 104.4(a).
Enter
the total of itemized and unitemized independent expenditures on Line (c) of
Schedule E and on Line 24 of the Detailed Summary Page.
48-Hour Independent Expenditure Notices
Political committees and
other persons who make independent expenditures at any time during a calendar
year—up to and including the 20th day before an election—must
disclose this activity within 48 hours each time that the expenditures
aggregate $10,000 or more. This reporting requirement is in addition to the
requirement to file 24-hour notices of independent expenditures each time that
disbursements for independent expenditures aggregate at or above $1,000 during
the last 20 days—up to 24-hours--before an election. 2 U.S.C.
§§434(b), (d) and (g). For information on such last-minute independent
expenditure reports, see below.
Note: expenditures that
have already been disclosed in a previous report do not have to be included on
the 48-hour notice.
Independent expenditures aggregating less than
$10,000.
Committees must report
on Schedule E independent expenditures that aggregate less than $10,000 with
respect to a given election during the calendar year that are made up to and
including the 20th day before an election. The report must be filed
no later than the filing date of the committee’s next regularly-scheduled report.
11 CFR 104.4(a) and (b)(1).
Independent expenditures aggregating $10,000 and
above.
Once an individual’s or
committee’s independent expenditures reach or exceed $10,000 in the aggregate
at any time up to and including the 20th day before an election,
they must be reported within 48 hours of the date that the expenditure is
publicly distributed. All 48-hour reports must be filed with and received by the Commission at the end of
the second day after the independent expenditure is publicly distributed.
Electronic filers must file these reports electronically. Paper filers may file
by fax or email. Additionally,
electronic filers and paper filers may file 48-hour reports using the FEC web
site’s online program.11 CFR 104.4(b)(2), 109.10(c) and 100.19(d)(3).
Aggregating independent expenditures for reporting
purposes.
Independent expenditures
are aggregated toward the various reporting thresholds on a per-election and
per-office sought basis within the calendar year. Consider, as examples, the
following scenarios, all of which occur outside of the 20-day window before an
election when 24-hour notices are required:
§
If a committee makes $5,000 in independent
expenditures with respect to a Senate candidate, and $5,000 in independent
expenditures with respect to a House candidate, then the committee is not
required to file 48- hour reports, but
must disclose this activity on its next regularly-scheduled report.
§
If the committee makes $5,000 in independent
expenditures with respect to a clearly-identified candidate in the primary, and
an additional $5,000 in independent expenditures with respect to the same
candidate in the general, then again no 48- hour notice is
required and the expenditures are disclosed on the committee’s next report.
§
If the committee makes $6,000 in independent
expenditures supporting a Senate candidate in the primary election and $4,000
opposing that Senate candidate’s opponent in the same election, then the committee
must file a 48- hour report.
The date that a
communication is publicly disseminated serves as the date that a committee must
use to determine whether the total amount of independent expenditures has, in
the aggregate, reached or exceeded the threshold reporting amounts of $10,000. Independent
expenditures publicly disseminated prior to payment should be disclosed as memo
entries on Schedule E and on Schedule D as a reportable debt under 104.11. A
48-hour notice is required for each additional $10,000 in aggregate
expenditures.
The calculation of the
aggregate amount of the independent expenditures must include both
disbursements for independent expenditures and all contracts obliging funds for
disbursements of independent expenditures. 11 CFR 104.4(f).
Expenditures that have already been disclosed in a previous report do not have
to be included on the 48-hour notice.
Last-Minute
Independent Expenditure Reports (24 Hour Notices)
Any
independent expenditures aggregating $1,000 or more and made after the 20th day
but more than 24 hours before the day of an election must be reported and the
report must be received within 24 hours after the expenditure is made. A
24-hour notice is required for each additional $1,000 that aggregates. The
24-hour report must be filed on a Schedule E. Twenty-four hour reports must be
filed with the appropriate federal and state filing offices. 104.4(c)
and 104.5(g). The date that a communication is publicly
disseminated serves as the date that a committee must use to determine whether
the total amount of independent expenditures has, in the aggregate, reached or
exceeded the threshold reporting amount of $1,000.
The
committee must report a last-minute expenditure a second time on a Schedule E
filed with its next regular report. 104.4(a).
Electronic filers must
file these reports electronically, and paper filers may file by fax or email.
Additionally, electronic filers and paper filers may file 24-hour reports using
the FEC web site’s online program. 11 CFR 104.4(c) and 109.10(d).
Certification
All 24 and 48- hour
reports must contain, among other things, a verification under penalty of
perjury as to whether the expenditure was made in cooperation, consultation or
concert with a candidate, a candidate’s committee, a political party committee
or an agent of any of these. 11 CFR 104.4(d)(1) and
109.10(e)(1)(v).
For
reports filed on paper, the treasurer must sign the Schedule E. For reports
filed by email, the treasurer should type his or her name on the Schedule E
following the certification.
11. Reporting Loans
Continuously
itemize all loans received and made by the committee until they are repaid. All
repayments made or received on a loan must also be itemized. 104.3(a)(4)(iv); 104.3(b)(3)(iii) and (vi); 104.3(d); 104.11.
Procedures for reporting loans and loan repayments are explained below.
Reminder:
Loans are considered contributions to the extent of the outstanding balance of
the loan. 100.52(b)(2). Loans from banks, however, are not considered
contributions if made in the ordinary course of business. Endorsements and
guarantees of bank loans, however, do count as contributions. 100.52(b)(3) and 100.82(c).
Loans
Received by the Committee
Schedule
A: Initial Receipt of Loan
Itemize
the receipt of a loan, regardless of amount, on a separate
Schedule A for Line
13 (“Loans Received”).
Schedule
B: Interest and Principal Payments
Report
the interest paid on a loan as an operating expenditure, itemizing the payment
on a Schedule B for Line 21(b) (“Operating Expenditures”) once interest payments
to the payee aggregate over $200 in a calendar year. 100.111(b) and 104.3(b)(3)(i).
Payments
to reduce the principal must be itemized, regardless of amount, on a separate
Schedule B for Line 26 (“Loan Repayments Made”). 104.3(b)(3)(iii).
Schedule
C: Continuous Reporting
In
addition, report both the original loan and payments made to repay the loan on
Schedule C each reporting period until the loan is repaid. 104.3(d)
and 104.11. Instructions on the back of Schedule C explain what
information must be disclosed. Use separate Schedule C forms to itemize loans
received and loans made.
The
Schedule C balance of the total amount owed on loans is entered on Line 10 of
the Summary Page (“Debts and Obligations Owed by the Committee”) or, if the
committee has other debts, the balance is carried over to Schedule D.
Schedule
C-1: Additional Information for Bank Loans
A
committee that obtains a loan from a bank
must also file Schedule C-1 with the first report due after a new loan or
line of credit has been established. 104.3(d)(1). A
new Schedule C-1 must also be filed with the next report if the terms of the
loan or line of credit are restructured.
Additionally,
in the case of a committee that has obtained a line of credit, a new Schedule
C-1 must be filed with the next report whenever the committee draws on the line
of credit. 104.3(d)(1) and (3).
Line-by-line
instructions for filling out the schedule appear on the back of Schedule C-1.
The committee treasurer or designated assistant treasurer must sign the
schedule on Line G and attach a copy of the loan agreement. 104.3(d)(2).
Finally,
an authorized representative of the lending institution must sign the statement
on Line I.
Schedule
D: Debt and Obligations Excluding Loans
A
committee that fails to make interest payments on a loan must report the
accumulated unpaid interest as a debt on Schedule D (see page 45). See
Loans
Made by the Committee
Schedule
B: Outgoing Loan
When
making a loan to another organization, itemize the disbursement, regardless of
amount, on a Schedule B for Line 27 (“Loans Made”). 104.3(b)(3)(vi).
Schedule
A: Interest and Principal Payments Received
Report
interest received on a loan on a Schedule A for Line 17 (“Other Receipts”) if
the payments aggregate over $200 from the same source during the calendar year.
Itemize
payments received that reduce the principal owed on a separate Schedule A for
Line 14 (“Loan Repayments Received”).
Schedule
C: Continuous Reporting
The
original amount loaned and repayments received on it must be itemized on
Schedule C each reporting period until the loan is repaid in full. Schedule C
instructions (see back of schedule) explain what information must be disclosed.
(Note that separate Schedule C forms are used to itemize loans received and
loans made. Filers should label the forms accordingly.)
The
Schedule C balance of the total outstanding loans owed to a committee is
entered on Line 9 of the Summary Page (“Debts and Obligations Owed to the
Committee”) unless other types of debts are owed to the committee. In that
case, the Schedule C total is carried over to Schedule D.
12. Reporting Debts Other Than Loans
Unpaid
bills and written contracts or agreements to make expenditures are considered debts. 100.112. Report debts and
obligations (other than loans) on Schedule D according to the following rules:
• A debt of $500 or less is reportable once it
has been outstanding 60 days from the date incurred (the date of the
transaction, not the date the bill is received). The debt is disclosed on the
next regularly scheduled report.
• A debt exceeding $500 must be reported on the
next report filed after the debt is incurred. 104.3(d);
104.11.
Use
separate Schedule D forms for debts owed by the committee and debts owed to the
committee. Label each schedule accordingly.
Regularly
recurring administrative expenses, like rent and salaries, do not have to be
treated as debts until payment is due. 104.11(b); see
116.6(c).
Debts
Owed by the Committee
Use
Schedule D to report:
• The outstanding amount owed on a debt or
obligation including any unpaid interest accrued on a debt; and
• Payments made to reduce the debt.
Schedule
D instructions explain what additional information is required.
Enter the Schedule D total of outstanding debts, plus the balance of loans owed by the committee (carried over from Schedule C, as explained above) on Line 10 of the Summary Page. Note that payments to reduce debts must also be reported under the appropriate category of disbursement on the Detailed Summary Page (for example, Line 21(b) for a payment on a bill for an operating exp