Voluntary filing with the FEC
Federal candidates and political committees are required to register and begin reporting their financial activity to the FEC once they cross certain thresholds. However, many individuals and organizations choose to voluntarily register with the FEC prior to crossing these thresholds. This article summarizes the registration thresholds and basic registration requirements, and suggests steps voluntary filers can take to avoid receiving non-filer notices from the FEC. For additional information, please contact the FEC’s Information Division at 800-424-9530 (option 6) or info@fec.gov.
Individuals running for federal office
Generally, an individual running for a seat in the U.S. House or Senate or for the office of U.S. President becomes a candidate and must register with the FEC and file financial reports when he or she raises or spends more than $5,000 in contributions or expenditures.
Within 15 days after reaching that threshold, the candidate must designate a principal campaign committee. This designation is made by filing either a Statement of Candidacy (Form 2) or a letter with the same information. (A candidate required to file electronically cannot designate a principal campaign committee with a written letter but must instead file Form 2 electronically.)
Within 10 days after it has been designated by the candidate, the principal campaign committee must register with the FEC by filing a Statement of Organization (Form 1).
All registered candidate committees must file periodic reports to disclose their financial activity.
Nonconnected Political Action Committees (PACs)
A nonconnected committee must register within 10 days of raising or spending more than $1,000 in contributions or expenditures during a calendar year. Nonconnected committees register by filing a Statement of Organization (Form 1) with the FEC. Once registered, the committee must file regular reports to disclose its financial activity.
Political party committees
Party committees must register by filing a Statement of Organization (FEC Form 1) within 10 days of exceeding any of the following thresholds in a calendar year.
State or national organization thresholds
- Spends more than $1,000 in expenditures; or
- Raises more than $1,000 in contributions.
Local organization thresholds
- Raises more than $5,000 in contributions;
- Spends more than $5,000 on exempt party activities;
- Makes more than $1,000 in contributions; or
- Spends more than $1,000 in expenditures.¹
After registering, the committee will need to file regular reports of its activity.
Separate segregated funds (SSFs)
All SSFs must register with the FEC, regardless of the size of the fund. A committee established exclusively for state and local (nonfederal) activity, however, does not need to register or file reports with the FEC. Such a committee may trigger federal registration if it undertakes activities in connection with a federal election.
Register the SSF by filing a Statement of Organization (FEC Form 1) within 10 days of its establishment, regardless of how much money (if any) it has raised.
For example, register within 10 days of any of the following:
- The board of directors votes to create the SSF to be used wholly or in part for federal elections;
- Officers are selected to administer the SSF; or
- Initial SSF operating expenses are paid.
The SSF must file regular reports with the FEC to disclose its activity.
Statements by voluntary filers
Although committees that have not crossed the filing threshold do not have a legal obligation to register or file reports of their receipts and disbursements, the Commission’s Reports Analysis Division presumes that all committees that have registered with the FEC have crossed the filing thresholds. As a result, the FEC will send notices to those committees that fail to timely file reports. To avoid receiving a non-filer notice, voluntarily filing committees may choose to:
- File reports of their receipts and disbursements; or
- Submit statements to the Commission by the applicable reporting deadline explaining for the public record that they have not crossed the filing threshold. Electronic filers may submit this information in a Miscellaneous Electronic Submission to the FEC (Form 99).
While neither are legally required, voluntarily filing these reports or statements on or before the applicable reporting deadline may prevent the committee from receiving a non-filer notice.
If voluntary filers choose to submit these reports or statements, they may do so electronically or on paper.² Printable reporting forms and the FEC’s free electronic filing software are both available on the FEC’s website. Committees wishing to file reports or statements electronically will first need to obtain an electronic filing password. Explanatory statements may be filed electronically as a Miscellaneous Electronic Submission to the FEC (Form 99) through the committee’s electronic filing software or via the FEC’s Online Webforms. Alternatively, committees may file these statements via a letter sent via the U.S. Postal Service, delivery service or courier or via hand delivery to the Commission’s headquarters. The Commission cannot accept any statements by phone or e-mail.
Termination by voluntary filers
Voluntary filers who wish to terminate their committee’s registration may either file a termination report or submit a statement to the FEC³ stating that they have not reached the applicable registration threshold and wish to terminate their registration.
Footnotes
- Note that the terms contribution and expenditure generally include money, loans, advances, goods, services or anything of value given for the purpose of influencing federal elections. 11 CFR 100.52(a) and 100.111(a).
- Electronic filing is mandatory for committees if they receive contributions or make expenditures in excess of $50,000 in the current calendar year, or have reason to expect to do so. Political committees that submitted a prior form, report or statement electronically must continue filing electronically.
- Electronic filers should submit this statement electronically as a Miscellaneous Electronic Submission to the FEC (Form 99).
Citations
Regulations
11 CFR § 102.1
Registration of political committees
11 CFR § 102.12
Designation of principal campaign committees
11 CFR § 104
Reports by political committees and other persons
11 CFR § 104.1(b)
Voluntary registration and reporting of individuals and committees not required to register with the FEC
11 CFR § 102.3
Termination of registration
Advisory opinions
Advisory opinion 1994-05
Candidate status and voluntary filing of individuals not required to file as candidates