[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: 11CFR100.147]

[Page 80-81]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 100_SCOPE AND DEFINITIONS (2 U.S.C. 431)--Table of Contents
 
                  Subpart E_Exceptions to Expenditures
 
Sec. 100.147  Volunteer activity for party committees.

    The payment by a state or local committee of a political party of 
the costs of campaign materials (such as pins, bumper stickers, 
handbills, brochures, posters, party tabloids or newsletters, and yard 
signs) used by such committee in connection with volunteer activities on 
behalf of any nominee(s) of such party is not an expenditure, provided 
that the following conditions are met:
    (a) Exemption does not apply to general public communications or 
political advertising. Such payment is not for costs incurred in 
connection with any broadcasting, newspaper, magazine, billboard, direct 
mail, or similar type of general public communication or political 
advertising. For the purposes of this paragraph, the term direct mail 
means any mailing(s) by a commercial vendor or any mailing(s) made from 
commercial lists.
    (b) Allocation. The portion of the cost of such materials allocable 
to Federal candidates is paid from contributions subject to the 
limitations and prohibitions of the Act. But see 11 CFR part 300 for 
exempt activities that also constitute Federal election activity.
    (c) Contributions designated for Federal candidates. Such payment is 
not made from contributions designated by the

[[Page 81]]

donor to be spent on behalf of a particular candidate or candidates for 
Federal office. For purposes of this paragraph, a contribution shall not 
be considered a designated contribution if the party committee 
disbursing the funds makes the final decision regarding which 
candidate(s) shall receive the benefit of such disbursement.
    (d) Distribution of materials by volunteers. Such materials are 
distributed by volunteers and not by commercial or for-profit 
operations. For the purposes of this paragraph, payments by the party 
organization for travel and subsistence or customary token payments to 
volunteers do not remove such individuals from the volunteer category.
    (e) Reporting. If made by a political party committee, such payments 
shall be reported by that committee as disbursements, in accordance with 
11 CFR 104.3, but need not be allocated to specific candidates in 
committee reports.
    (f) State candidates and their campaign committees. Payments by a 
State candidate or his or her campaign committee to a State or local 
political party committee for the State candidate's share of expenses 
for such campaign materials are not expenditures, provided the amount 
paid by the State candidate or his or her committee does not exceed his 
or her proportionate share of the expenses.
    (g) Exemption not applicable to campaign materials purchased by 
national party committees. Campaign materials purchased by the national 
committee of a political party and delivered to a State or local party 
committee, or materials purchased with funds donated by the national 
committee to such State or local committee for the purchase of such 
materials, shall not qualify under this exemption. Rather, the cost of 
such materials shall be subject to the limitations of 2 U.S.C. 441a(d) 
and 11 CFR 109.32.

[67 FR 50585, Aug. 5, 2002, as amended at 67 FR 78680, Dec. 26, 2002]