[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2009]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR300.33]

[Page 263-265]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 300_NON-FEDERAL FUNDS--Table of Contents
 
 Subpart B_State, District, and Local Party Committees and Organizations
 
Sec. 300.33  Allocation of costs of Federal election activity.

    (a) Costs of Federal election activity allocable by State, district, 
and local party committees and organizations--(1) Costs of voter 
registration. Subject to the conditions of 11 CFR 300.32(c), State, 
district, and local party committees and organizations may allocate 
disbursements or expenditures, except salaries and wages for employees, 
between Federal funds and Levin funds for voter registration activity, 
as defined in 11 CFR 100.24(a)(2), that takes place during the period 
that begins on the date that is 120 days before the date of a regularly 
scheduled Federal election and that ends on the date of the election, 
provided that the activity does not refer to a clearly identified 
Federal candidate.
    (2) Costs of voter identification, get-out-the-vote activity, or 
generic campaign activities within certain time periods. Subject to the 
conditions of 11 CFR 300.32(c), State, district, and local party 
committees and organizations may allocate disbursements or expenditures, 
except salaries and wages for employees, between Federal funds and Levin 
funds for voter identification,

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get-out-the-vote activity, or generic campaign activities, as defined in 
11 CFR 100.24(a)(3) and (4) and 11 CFR 100.25, that are conducted in 
connection with an election in which a candidate for Federal office is 
on the ballot and within the time periods set forth in 11 CFR 
100.24(a)(1), provided that the activity does not refer to a clearly 
identified Federal candidate.
    (b) Allocation percentages. State, district, and local party 
committees and organizations that choose to allocate between Federal 
funds and Levin funds their expenditures and disbursements, except for 
salaries and wages, in connection with activities described in paragraph 
(a) of this section that take place within the time periods set forth in 
11 CFR 100.24(a)(1) or paragraph (a) of this section must allocate the 
following minimum percentages to their Federal funds:
    (1) Presidential election years. If a Presidential candidate, but no 
Senate candidate appears on the ballot, State, district, and local party 
committees and organizations must allocate at least 28% of expenses for 
activities described in paragraph (a) of this section to their Federal 
funds.
    (2) Presidential and Senate election year. If a Presidential 
candidate and a Senate candidate appear on the ballot, State, district, 
and local party committees and organizations must allocate at least 36% 
of expenses for activities described in paragraph (a) of this section to 
their Federal funds.
    (3) Senate election year. If a Senate candidate, but no Presidential 
candidate, appears on the ballot, State, district, and local party 
committees and organizations must allocate at least 21% of expenses for 
activities described in paragraph (a) of this section to their Federal 
funds.
    (4) Non-Presidential and non-Senate year. If neither a Presidential 
nor a Senate candidate appears on the ballot, State, district, and local 
party committees and organizations must allocate at least 15% of 
expenses for activities described in paragraph (a) of this section to 
their Federal funds.
    (c) Costs of public communications. Expenditures for public 
communications as defined in 11 CFR 100.26 by State, district, and local 
party committees and organizations that refer to a clearly identified 
candidate for Federal office and that promote, support, attack, or 
oppose any such candidate for Federal office must not be allocated 
between or among Federal, non-Federal, and Levin accounts. Only Federal 
funds may be used.
    (d) Costs of salaries, wages, and fringe benefits.
    (1) Except as provided in paragraph (d)(3) of this section, 
salaries, wages, and fringe benefits paid for employees who spend 25% or 
less of their compensated time in a given month on Federal election 
activities or on activities in connection with a Federal election must 
either be paid only from the Federal account or be allocated as 
administrative costs under 11 CFR 106.7(d)(2).
    (2) Salaries, wages, and fringe benefits paid for employees who 
spend more than 25% of their compensated time in a given month on 
Federal election activities or on activities in connection with a 
Federal election must be paid only from a Federal account.
    (3) Salaries, wages, and fringe benefits paid for employees who 
spend none of their compensated time in a given month on Federal 
election activities or on activities in connection with a Federal 
election may be paid entirely with funds that comply with State law. See 
11 CFR 106.7(c)(1) and (d)(1).
    (e) Transfers between accounts to cover allocable expenses. State, 
district, and local party committees and organizations may transfer 
Levin funds from their Levin or non-Federal accounts to their Federal 
accounts or to allocation accounts solely to meet expenses allocable 
pursuant to paragraphs (a)(1) and (2) of this section and only pursuant 
to the following methods:
    (1) Payments from Federal accounts or from allocation accounts. (i) 
If Federal accounts are used to make payments for allocable activities, 
State, district, and local party committees and organizations must pay 
the entire amount of allocable expenses from their Federal accounts and 
transfer Levin funds from their Levin or non-Federal accounts to their 
Federal accounts solely to cover the portions of the expenses for which 
Levin funds may be used; or

[[Page 265]]

    (ii) State, district, and local party committees and organizations 
may establish separate allocation accounts into which Federal funds and 
Levin funds may be deposited solely for the purpose of paying allocable 
expenses.
    (2) Timing. (i) If Federal or allocation accounts are used to make 
allocable expenditures and disbursements, State, district, and local 
party committees and organizations must transfer Levin funds to their 
Federal or allocation accounts to meet allocable expenses no more than 
10 days before and no more than 60 days after the payments for which 
they are designated are made from a Federal or allocation account, 
except that transfers may be made more than 10 days before a payment is 
made from the Federal or allocation account if advance payment is 
required by the vendor(s) and if such payment is based on a reasonable 
estimate of the activity's final costs as determined by the committee 
and the vendor(s) involved.
    (ii) Any portion of a transfer of Levin funds to a party committee 
or organization's Federal or allocation account that does not meet the 
requirement of paragraph (e)(2)(i) of this section shall be presumed to 
be a loan or contribution from the Levin or non-Federal account to the 
Federal or allocation account, in violation of the Act.

[67 FR 49120, July 29, 2002, as amended at 70 FR 75385, Dec. 20, 2005]