Party committees may not solicit any funds for, or make or direct any donations of nonfederal funds (or Levin funds) to the following organizations:
- 501(c) tax-exempt organizations that make expenditures or
disbursements in connection with a federal election, including for federal election activity (FEA).This
prohibition applies even if the organization has only applied for tax-exempt status;
- 527 organizations that are not political committees, state, district or local party committees or authorized campaign committees of a state or local candidate.
However, state, district and local party committees may make or direct donations to a state political committee that supports only state and local candidates, and does not make any expenditures or disbursements in connection with federal elections, including for FEA.
Certification of 501(c) and 527 organizations
When determining whether a 501(c) organization makes expenditures or disbursements in connection with federal elections or for FEA, a party committee may rely on a certification by the organization if the certification:
- Is a signed written statement by an authorized representative of the organization who has knowledge of the organization’s activities;
- States that within the current election cycle the organization has not made, and does not intend to make, any such expenditures or disbursements; and
- States that the organization does not intend to pay debts incurred in the past election cycle from those expenditures or disbursements.
If the party committee or any of their agents or entities knows the certification to be false, it may not be relied upon.
When determining whether a 527 organization is a state-registered political committee that supports only state and local candidates and does not make expenditures or disbursements in connection with federal elections, including for FEA, a party committee may rely on the same certification requirements of 501(c) organizations.