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Citation index: 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. 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 index 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 listed.

Part 109, Subpart A: Scope and definitions

Citation Subsection Subject Year
109.1 - Reports by committees 1975
- - Definitions 1977
- - - 1980
- - - 1995
- - - 2001
- - - 2002
- - When will this part apply? 2003
- (a) Independent expenditure 2001
- - Deleted 2003
- (b)(1) Person 1995
- - Deleted 2003
- (b)(2) Expressly advocating 1995
- - Deleted 2003
- (b)(3) Clearly identified candidate 1995
- - Deleted 2003
- (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
- - - 2001
- - Deleted 2003
- (d) Agency 1977
- - Deleted 2003
- (e) * Limitation on independent expenditures 1977
- - - 2003
- - Deleted 2003
- (f) Date independent expenditure is made 2002
- - Deleted 2003
109.2 - Reports; political parties 1975
- - Reporting independent expenditures 1977
- - Reporting of independent expenditures by persons other than a political committee 1980
- - - 1996
- - - 2001
- - - 2002
- - Removed and reserved 2003
- (a) Reporting by political committees 1977
- - * General rules 1980
- - - 1996
- - - 2001
- - - 2002
- - Removed and reserved 2003
- (a)(1)(v) * Statement of certification 2002
- - Removed and reserved 2003
- (b) * Reporting by person 1977
- - - 2002
- - Removed and reserved 2003
- (c) * Acceptable method of verification 2002
- - Removed and reserved 2003
109.3 - Financial statements; time and content 1975
- - * Non-authorization notice 1980
- - Definitions 2003
- - - 2006
- (a) Agent of a party committee 2003
- (b) Agent of a federal candidate 2003
109.4 - Committees receiving federal funds 1975
- - Independent expenditures 1977
- - Deleted 1980
109.5 - Convention expenses; reporting 1975
- - Independent contributions 1977
- - Deleted 1980

Part 109, Subpart B: Independent expenditures

Citation Subsection Subject Year
109.10 - Reporting by political committees and other persons 2003
- - - 2016
- - - 2019
- (a) Reporting by political committees 2003
- (b) * General reporting by persons other than political committees 2003
- - - 2003
- (c) * Independent expenditures aggregating $10,000 or more 2003
- - - 2016
- (d) * Independent expenditures aggregating $1,000 or more after 20th day before an election 2003
- (e) * Content of verified reports and statements 2003
- - - 2019
- (e)(1)(iv) Application to multistate independent expenditures 2019
109.11 - * Non-authorization notice 2003

Part 109, Subpart C: Coordination

Citation Subsection Subject Year
109.20 (a) What does coordinated mean? 2003
- - - 2006
- (b) Expenditures not for communications coordinated with candidate 2003
109.21 - Coordinated communication 2003
- - - 2006
- - - 2010
- (a) Definition 2003
- - - 2006
- (a)(1) Source of payment prong 2003
      2006
  (a)(2) Content standard prong 2003
  (a)(3) Conduct standard prong 2003
- (b) Treatment as an in-kind contribution, reporting 2003
- (b)(1) General rule 2003
- (b)(2) In-kind contribution resulting from conduct 2003
- - - 2006
- (b)(3) Reporting of coordinated communication 2003
- (c) Content standards 2003
- - - 2006
- - - 2010
- (c)(1) Electioneering communications 2003
- (c)(2) Dissemination, distribution, or republication of campaign material 2003
- (c)(3) Express advocacy 2003
- - - 2010
- (c)(4) Public communications referring to party or candidate 2003
- - - 2006
- (c)(4)(i) References to House and Senate candidates 2006
- (c)(4)(ii) Disseminated 120 days or fewer before election 2003
    References to presidential and vice presidential candidates 2006
- (c)(4)(iii) References to political parties, no candidate 2006
- (c)(4)(iii)(A) Coordinated with candidate, use applicable time frame as if candidate is identified 2006
- (c)(4)(iii)(B) During two year prior to general election with no presidential candidates 2006
- (c)(4)(iii)(C) During two years prior to presidential general election 2006
- (c)(4)(iv) References to both political parties and clearly identified federal candidates 2006
- (c)(4)(iv)(A) Distributed in jurisdiction of House and Senate candidate 2006
- (c)(4)(iv)(B) Distributed in jurisdiction of presidential and vice presidential candidate 2006
- (c)(4)(iv)(C) Distributed outside jurisdiction of clearly identified candidate 2006
- (c)(5) Functional equivalent of express advocacy 2010
- (d) Conduct standards 2003
- - - 2006
- - - 2010
- (d)(1) Request of suggestion 2003
- - - 2006
- (d)(2) Material involvement 2003
- - - 2006
- (d)(3) Substantial discussion 2003
- - - 2006
- (d)(4) Common vendor 2003
- - - 2006
- - - 2010
- (d)(4)(i) Use of commercial vendor 2003
- (d)(4)(ii) Vendor services during election cycle 2003
- - Vendor services during previous 120 days 2006
- - - 2010
- (d)(4)(iii) Vendor conveys or uses information on plans, projects or needs 2003
- -   2006
- - - 2010
- (d)(5) Former employee/independent contractor 2003
- - - 2006
- - - 2010
- (d)(5)(i) Former employee/independent contractor paid by campaign or party 2003
- - - 2010
- (d)(5)(ii) Former employee conveys or uses information on plans, projects or needs 2006
- (d)(6) Dissemination, distribution, or republication of campaign materials 2003
- (e) No requirement of agreement or formal collaboration 2003
- (f) Responses to inquiries about legislative or or policy issues 2003
- (g) Safe harbor for endorsements and solicitations by federal candidates 2006
- (h) Safe harbor for establishment and use of a firewall 2006
- (i) Safe harbor for commercial transactions 2010
109.22 - Prohibited sources of coordinated communications 2003
109.23 - Treatment of payments for the dissemination, distribution, or republication of candidate campaign materials 2003
- - - 2006
- (a) General rule 2003
- (b) Exceptions 2003
- (b)(1) Material disseminated, distributed or republished by candidate or committee who prepared it 2006

Part 109, Subpart D: Special provisions for political party committees

Citation Subsection Subject Year
109.30 - Treatment of party committees for purposes of coordinated and independent expenditures 2003
- - - 2004
109.31 - Reserved 2003
109.32 - * Coordinated party expenditure limits 2003
- (a) * Limits for presidential elections 2003
- (b) * Limits for other federal elections 2003
109.33 - * Assignment of coordinated party expenditure authority to another party committee 2003
- - - 2004
- (a) Assignment 2003
- - - 2004
- (b) Compliance for state and local party committees 2003
- (c) Recordkeeping 2003
109.34 - * Timing of coordinated party expenditure 2003
109.35 - Restrictions on party making both independent and coordinated expenditures 2003
- - Removed and reserved 2004
- (a) Applicability 2003
- - Removed and reserved 2004
- (b) Restrictions on certain coordinated and independent expenditures 2003
- - Removed and reserved 2004
- (c) Restrictions on transfers and assignments 2003
- - Removed and reserved 2004
109.36 - Additional circumstances which prohibit party from making independent expenditures 2003
- - Circumstances which prohibit party from making independent expenditures 2004
109.37 - What is a party coordinated communication? 2003
- - - 2006
- - - 2006
- (a) Definition 2003
- (a)(1) Payment by party committee 2003
- (a)(2) Content standards 2003
- - - 2006
- (a)(2)(i) Dissemination, distribution, or republication of campaign material, in whole or in part 2003
- - - 2006
- (a)(2)(ii) Public communication with express advocacy 2003
- (a)(2)(iii) Public communications meeting certain conditions 2003
- - - 2006
- (a)(2)(iii)(A) Public communication with references to House and Senate candidates 2003
- - - 2006
- (a)(2)(iii)(B) Public communication with references to presidential and vice presidential candidates 2003
- - - 2006
- (a)(2)(iii)(C) Public communication directed to voters in jurisdiction of candidate 2003
- (a)(3) Exceptions 2003
- (b) Treatment 2003
- (b)(1) Treated as in-kind contribution 2003
- (b)(2) Treated as coordinated party expenditure 2003
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