[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: 11CFR110.5] [Page 174-175] TITLE 11--FEDERAL ELECTIONS CHAPTER I--FEDERAL ELECTION COMMISSION PART 110_CONTRIBUTION AND EXPENDITURE LIMITATIONS AND PROHIBITIONS-- Table of Contents Sec. 110.5 Aggregate biennial contribution limitation for individuals (2 U.S.C. 441a(a)(3)). (a) Scope. This section applies to all contributions made by any individual, except individuals prohibited from making contributions under 11 CFR 110.20 and 11 CFR part 115. (b) Bi-annual limitations. (1) In the two-year period beginning on January 1 of an odd-numbered year and ending on December 31 of the next even-numbered year, no individual shall make contributions aggregating more than $95,000, including no more than: (i) $37,500 in the case of contributions to candidates and the authorized committees of candidates; and (ii) $57,500 in the case of any other contributions, of which not more than $37,500 may be attributable to contributions to political committees that are not political committees of any national political parties. (2) Contributions to candidates made under the increased contribution limitations under 11 CFR part 400, during periods in which such candidates may accept such contributions, are not subject to the contribution limitations of paragraph (b)(1) of this section. (3) The contribution limitations in paragraph (b)(1) of this section shall be increased by the percent difference in the price index in accordance with 11 CFR 110.17. The increased contribution limitations shall be in effect for the two calendar years starting on January 1 of the year in which the contribution limitations are increased. (4) In every odd-numbered year, the Commission will publish in the Federal Register the amount of the contribution limitations in effect and place such information on the Commission's Web site. (c)(1) Contributions made on or after January 1, 2004. Any contribution subject to this paragraph (c)(1) to a candidate or his or her authorized committee with respect to a particular election shall be considered to be made during the two-year period described in paragraph (b)(1) of this section in which the contribution is actually made, regardless of the year in which the particular election is held. See 11 CFR 110.1(b)(6). This paragraph (c)(1) also applies to earmarked contributions and contributions to a single candidate committee that has supported or anticipates supporting the candidate. (2) Contributions made prior to January 1, 2004. (i) For purposes of this paragraph (c)(2), a contribution to a candidate or his or her authorized committee with respect to a particular election shall be considered to be made during the calendar year in which such election is held. (ii) For purposes of this paragraph (c)(2), any contribution to an unauthorized committee shall not be considered to be made during the calendar year in which an election is held unless: (A) The political committee is a single candidate committee which has supported or anticipates supporting the candidate; or (B) The contribution is earmarked by the contributor for a particular candidate with respect to a particular election. (d) Independent expenditures. The bi-annual limitation on contributions in this section applies to contributions made to persons, including political committees, making independent expenditures under 11 CFR part 109. (e) Contributions to delegates and delegate committees. The bi- annual limitation on contributions in this section applies to contributions to delegate and delegate committees under 11 CFR 110.14. [54 FR 34112, Aug. 17, 1989 and 54 FR 48580, Nov. 24, 1989, as amended at 67 FR 69948, Nov. 19, 2002; 68 FR 64516, Nov. 14, 2003; 70 FR 5568, Feb. 3, 2005] Effective Date Note: At 73 FR 79602, Dec. 30, 2008, Sec. 110.5 is amended by revising paragraphs (b)(1), (d), and (e) and by removing and reserving paragraph (b)(2), effective February 1, 2009. For the convenience of the user, the revised text is set forth as follows: [[Page 175]] TITLE 11--FEDERAL ELECTIONS CHAPTER I--FEDERAL ELECTION COMMISSION PART 110_CONTRIBUTION AND EXPENDITURE LIMITATIONS AND PROHIBITIONS-- Table of Contents Sec. 110.5 Aggregate biennial contribution limitation for individuals (2 U.S.C. 441a(a)(3)). * * * * * (b) Biennial limitations. (1) In the two-year period beginning on January 1 of an odd-numbered year and ending on December 31 of the next even-numbered year, no individual shall make contributions aggregating more than $95,000, including no more than: (i) $37,500 in the case of contributions to candidates and the authorized committees of candidates; and (ii) $57,500 in the case of any other contributions, of which not more than $37,500 may be attributable to contributions to political committees that are not political committees of any national political parties. * * * * * (d) Independent expenditures. The biennial limitation on contributions in this section applies to contributions made to persons, including political committees, making independent expenditures under 11 CFR part 109. (e) Contributions to delegates and delegate committees. The biennial limitation on contributions in this section applies to contributions to delegate and delegate committees under 11 CFR 110.14.