[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: 11CFR100.149]

[Page 81-82]
 
                       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. 100.149  Voter registration and get-out-the-vote activities 
for Presidential candidates.

    The payment by a State or local committee of a political party of 
the costs of voter registration and get-out-the-vote activities 
conducted by such committee on behalf of the Presidential and Vice 
Presidential nominee(s) of that party is not an expenditure for the 
purpose of influencing the election of such candidates provided that the 
following conditions are met:
    (a) Exemption not applicable to general public communication or 
political advertising. Such payment is not for the costs incurred in 
connection with any broadcasting, newspaper, magazine, billboard, direct 
mail, or similar type of general public communication or political 
advertising. For 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 costs of such activities 
allocable to Federal candidates is paid from contributions subject to 
the limitations and prohibitions of the Act. But see 11 CFR 100.24, 
104.17(a), and part 300, subpart B for exempt activities that also 
constitute Federal election activity.

[[Page 82]]

    (c) Contributions designated for Federal candidates. Such payment is 
not made from contributions designated to be spent on behalf of a 
particular candidate or candidates for Federal office. For the 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) References to House or Senate candidates. For purposes of this 
section, if such activities include references to any candidate(s) for 
the House or Senate, the costs of such activities that are allocable to 
that candidate(s) shall be an expenditure on behalf of such candidate(s) 
unless the mention of such candidate(s) is merely incidental to the 
overall activity.
    (e) Phone banks. For purposes of this section, payment of the costs 
incurred in the use of phone banks in connection with voter registration 
and get-out-the-vote activities is not an expenditure when such phone 
banks are operated by volunteer workers. The use of paid professionals 
to design the phone bank system, develop calling instructions and train 
supervisors is permissible. The payment of the costs of such 
professional services is not an expenditure but shall be reported as a 
disbursement in accordance with 11 CFR 104.3 if made by a political 
committee.
    (f) Reporting of payments for voter registration and get-out-the-
vote activities. If made by a political committee, such payments for 
voter registration and get-out-the-vote activities shall be reported by 
that committee as disbursements, in accordance with 11 CFR 104.3 but 
such payments need not be allocated to specific candidates in committee 
reports except as provided in paragraph (d) of this section.
    (g) Exemption not applicable to donations by a national committee of 
a political party to a State or local party committee for voter 
registration and get-out-the-vote activities. Payments made from funds 
donated by a national committee of a political party to a State or local 
party committee for voter registration and get-out-the-vote activities 
shall not qualify under this exemption. Rather, such funds 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; 69 
FR 68238, Nov. 24, 2004]