Best efforts to document receipts

If an individual who has contributed more than $200 during the election cycle fails to provide the required recordkeeping information (that is, name, mailing address, occupation and employer), the candidate's authorized committee must be able to show that it made “best efforts” to obtain, maintain and report that information.

To demonstrate “best efforts,” the committee must be able to show that it requested the information—first, in the solicitation materials that prompted the contribution and, second, if the information is not obtained, in a follow-up request.

Furthermore, if the requested information is not received until after the contribution has been reported, the committee must report the information using one of the procedures described in the section "File amendments if necessary."

In solicitation materials

To satisfy the "best efforts" standard, the solicitation must include an accurate and clear statement of the law's requirements for the collection and reporting of contributor information. The following examples are acceptable wording that may be included in the solicitations (other statements of similar meaning may also be used):

"Federal law requires us to use our best efforts to collect and report the name, mailing address, occupation and name of employer of individuals whose contributions exceed $200 in an election cycle"

"To comply with Federal law, we must use our best efforts to obtain, maintain and submit the name, mailing address, occupation and name of employer of individuals whose contributions exceed $200 per election cycle."

The request for the information and the best efforts notification must be clear and conspicuous, as described on this page in the section “Requirements for all committees.”

If an individual who has contributed more than $200 during the calendar year fails to provide the required recordkeeping information (such as name, mailing address, occupation and employer), a party committee, political action committee (PAC) or separate segregated fund (SSF) will nonetheless be in compliance with the Act's recordkeeping and reporting requirements if it shows that it made "best efforts" to obtain and report that information. To demonstrate "best efforts," the committee must be able to show that it requested the information—first, in any solicitation materials that prompted the contribution and, second, in at least one timely follow-up request.

Furthermore, if the requested information is not received until after the contribution has been reported, the committee must report the information using one of the procedures described in the section "File amendments if necessary."

Solicitation materials

To satisfy the "best efforts" standard, solicitation materials must include an accurate and clear statement of the law's requirements for the collection and reporting of contributor information. The following examples are acceptable wording that may be included in the solicitations (other statements of similar meaning may also be used):

“Federal law requires us to use our best efforts to collect and report the name, mailing address, occupation and name of employer of individuals whose contributions exceed $200 in a calendar year.”

“To comply with federal law, we must use best efforts to obtain, maintain and submit the name, mailing address, occupation and name of employer of individuals whose contributions exceed $200 per calendar year.”

Clear and conspicuous notice and request

The request for the information and the best efforts notification must be clear and conspicuous. If the solicitations include response materials, the best efforts notice and the request for the contributor information must be placed on these materials. The notice will not be considered to be "clear and conspicuous" if:

• The notification is printed in smaller type than the solicitation and response materials;
• The printing is difficult to read; or
• The notification is placed where it can be easily overlooked.

Follow-up request within 30 days

If the contributor does not provide sufficient reporting information when making a contribution, the committee must make at least one request for the information after the contribution is received. This follow-up request must be made for any solicited or unsolicited contribution that exceeds the $200 threshold and lack the necessary information.

The request must be made within 30 days of receipt of the contribution; it may not include an additional solicitation or material on any other subject, but it may thank the contributor. The follow-up request may be made orally or in writing, including by email. Mailed requests must be accompanied by a pre-addressed envelope for the response. Requests made by telephone must be documented in a memorandum. Committees must retain records of follow-up requests.

The follow-up request must, like the solicitation, include a clear and conspicuous statement of the Act's requirement for the collection and reporting of contributor information, such as the statements described in the section "Solicitation materials."

Use of information from prior records

If the contributor does not respond to the follow-up request, but the committee possesses the information in its contributor records, fundraising records or prior reports filed during the same election cycle, then the committee must use that information when disclosing the contribution.

File amendments if necessary

If requested information about a contribution is received after the contribution has been disclosed on a report, the committee must either:

• File amendments to the original reports; or
• File a memo Schedule A with its next regularly scheduled report, listing all contributions for which new contributor information has been received.

In either case, the entries must cross-reference the prior reports to which they relate. However, the committee is only required to submit the information for contributions received during the current two-year election cycle.

Statement of best efforts procedures

Providing a detailed description of "best efforts" procedures in accordance with the regulations may help prevent inquiries from the FEC for missing contributor information.