Code of Federal Regulations Title 11 - Federal Elections
Title 11 of the Code of Federal Regulations (CFR) is titled "Federal Elections" and contains the principal set of rules and regulations issued by federal agencies regarding federal elections in the United States. It's a crucial body of law for understanding campaign finance, election administration, and related activities.
The primary regulatory bodies contributing to Title 11 are:
Chapter I: Federal Election Commission (FEC) (Parts 1-9099)
Chapter II: Election Assistance Commission (EAC) (Parts 9400-9499)
Here's a breakdown of the key areas and what they cover within Title 11:
I. Federal Election Commission (FEC) Regulations (Chapter I - Parts 1-9099):
The vast majority of Title 11 is dedicated to the FEC's regulations, which interpret and implement the Federal Election Campaign Act (FECA) and other campaign finance laws. These regulations are highly detailed and cover virtually every aspect of money in politics.
A. General Administrative Parts (Parts 1-8): These parts cover the FEC's own internal operations and procedures:
Part 1: Privacy Act: How the FEC handles personal information.
Part 2: Sunshine Regulations; Meetings: Rules for public access to FEC meetings.
Part 4: Public Records and the Freedom of Information Act (FOIA): How the public can request FEC records.
Part 5: Access to Public Disclosure and Media Relations Division Documents: Specifics on accessing publicly available campaign finance data.
Part 6: Enforcement of Nondiscrimination on the Basis of Handicap: Ensures accessibility in FEC programs.
Part 7: Standards of Conduct: Ethical rules for FEC employees and Commissioners.
Part 8: Collection of Administrative Debts: Procedures for collecting debts owed to the FEC.
B. Campaign Finance Regulations (Subchapter A - General, Parts 100-116): This is the core of campaign finance law.
Part 100: Scope and Definitions: Crucial definitions of terms like "election," "candidate," "political committee," "contribution," "expenditure," "express advocacy," and "solicitation." This part is fundamental to understanding all other regulations.
Part 101: Candidate Status and Designations: When an individual becomes a "candidate" under FECA and how they must designate a principal campaign committee.
Part 102: Registration, Organization, and Recordkeeping by Political Committees: Requirements for political committees (e.g., candidate committees, party committees, PACs) to register with the FEC and maintain records.
Part 103: Campaign Depositories: Rules for campaign bank accounts.
Part 104: Reports by Political Committees and Other Persons: Detailed requirements for filing campaign finance disclosure reports, including what information must be disclosed (contributions, expenditures, debts, etc.).
Part 105: Document Filing: Procedures for filing reports and statements with the FEC.
Part 106: Allocations of Candidate and Committee Activities: Rules for allocating expenses between federal and non-federal accounts (e.g., for party committees engaging in both federal and state activities).
Part 107: Presidential Nominating Convention, Registration, and Reports: Specific rules for national party conventions.
Part 108: Filing Copies of Reports and Statements with State Officers: Requirements for committees to file copies of their federal reports with relevant state election officials.
Part 109: Coordinated and Independent Expenditures: Distinguishes between coordinated expenditures (which count as contributions) and independent expenditures (which are subject to different regulations and disclosure).
Part 110: Contribution and Expenditure Limitations and Prohibitions: The core limits on contributions from individuals, PACs, and parties to candidates and committees, as well as prohibitions on certain types of contributions (e.g., from foreign nationals, corporations, labor organizations directly from their treasuries).
Part 111: Compliance Procedure: The FEC's enforcement process, including how complaints are filed, investigations conducted, and civil penalties imposed.
Part 112: Advisory Opinions: Procedures for individuals and entities to request an advisory opinion from the FEC on how campaign finance law applies to a specific factual situation.
Part 113: Permitted and Prohibited Uses of Campaign Accounts: What campaign funds can and cannot be spent on (e.g., personal use prohibitions).
Part 114: Corporate and Labor Organization Activity: Rules for political activity by corporations and labor organizations, including the establishment and operation of separate segregated funds (SSFs or "PACs").
Part 115: Federal Contractors: Prohibitions on contributions from federal contractors.
Part 116: Debts Owed by Candidates and Political Committees: Regulations concerning the management and settlement of campaign debts.
C. Administrative Regulations (Subchapter B - Parts 200-201):
Part 200: Petitions for Rulemaking: How the public can petition the FEC to create or change regulations.
Part 201: Ex Parte Communications: Rules regarding communications with the FEC during enforcement actions.
D. Bipartisan Campaign Reform Act of 2002 (BCRA) Regulations (Subchapter C - Part 300):
Part 300: Non-Federal Funds (Soft Money): Regulations implementing the "soft money" ban and restrictions on certain types of non-federal funds under BCRA.
E. Presidential Election Campaign Fund Regulations (Subchapters E & F - Parts 9001-9099): These parts govern the public financing system for presidential elections, though this system is largely unused in recent cycles.
Part 9001-9012: General Election Financing: Rules for eligible presidential candidates receiving public funds in the general election.
Part 9031-9099: Presidential Primary Matching Fund: Rules for presidential primary candidates receiving matching funds for small-dollar contributions.
II. Election Assistance Commission (EAC) Regulations (Chapter II - Parts 9400-9499):
The EAC was created by the Help America Vote Act of 2002 (HAVA) to assist states with election administration, develop voluntary voting system guidelines, and serve as a clearinghouse of election information. Their regulations are fewer than the FEC's but important for election administration.
Part 9405: Procedures for Disclosure of Records Under FOIA: Similar to the FEC's FOIA rules, but specific to the EAC.
Part 9407: Implementation of the Government in the Sunshine Act: Rules for EAC public meetings.
Part 9409: Testimony by Commission Employees: Rules for EAC employees providing testimony in legal proceedings.
Part 9410: Implementation of the Privacy Act: EAC's privacy policies.
Part 9411: Standards of Conduct: Ethical rules for EAC employees.
Part 9420: Nondiscrimination on the Basis of Handicap: Accessibility in EAC programs.
Part 9428: Voting System Certification: Critical rules for the testing and certification of voting equipment.
Part 9430: National Voter Registration Act (NVRA): Rules related to voter registration forms and procedures.
Part 9431: Motor Voter Program: Regulations related to voter registration at motor vehicle departments.
Where to Find Title 11 of the CFR:
When researching any aspect of federal elections, it is absolutely essential to consult the most current version of Title 11, as these regulations are frequently updated in response to new legislation, court decisions, and FEC advisory opinions.
RELATED Blog
0 comments