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 |
| - | - | - | 2022 |
| - | - | - | 2024 |
| - | (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 |
| - | - | - | 2022 |
| - | - | - | 2024 |
| - | (e)(1) | Contents of verified reports and statements | 2019 |
| - | - | - | 2022 |
| - | (e)(1)(iv) | Application to multistate independent expenditures | 2019 |
| - | (e)(1)(vi) | Removed and reserved | 2022 |
| - | (e)(2) | Verification of independent expenditure statements and reports | 2003 |
| - | - | - | 2024 |
| - | (e)(2)(ii) | Certification of independence | 2003 |
| - | - | - | 2024 |
| 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 |