Federal Election Commission § 100.33

(G) In the case of a communication through the facilities of any broadcast, appearing exclusively on a cable or sat- cable, or or ellite television system, but not on a station, unless such facilities are broadcast station or network, that the owned or controlled by any political viewership of the cable system or sat- party, political committee, or can- ellite system lying within a Congres- didate. A news story distributed sional district or State is 50,000 or through a broadcast, cable, or satellite more; or television or radio station owned or (H) In the case of a communication controlled by any political party, polit- appearing on a net- ical committee, or candidate is never- work, that the total cable and satellite theless exempt if the news story meets viewership within a Congressional dis- the requirements described in 11 CFR trict or State is 50,000 or more. 100.132(a) and (b); (ii) Cable or satellite television (3) Constitutes an expenditure or viewership is determined by multi- independent expenditure provided that plying the number of subscribers with- the expenditure or independent expend- in a Congressional district or State, or iture is required to be reported under a part thereof, as appropriate, by the the Act or Commission regulations; current national average household (4) Constitutes a candidate debate or size, as determined by the Bureau of forum conducted pursuant to 11 CFR the Census. 110.13, or that solely promotes such a (iii) A determination that a commu- debate or forum and is made by or on nication can be received by 50,000 or behalf of the person sponsoring the de- more persons based on the application bate or forum; or of the formula at paragraph (b)(7)(i)(G) (5) Is paid for by a candidate for or (H) of this section shall create a re- State or local office in connection with buttable presumption that may be an election to State or local office, pro- overcome by demonstrating that— vided that the communication does not (A) One or more cable or satellite promote, support, attack or oppose any systems did not carry the network on Federal candidate. See 11 CFR 300.71 for which the communication was publicly communications paid for by a can- distributed at the time the commu- didate for State or local office that nication was publicly distributed; and promotes, supports, attacks or opposes (B) Applying the formula to the re- a Federal candidate. maining cable and satellite systems re- sults in a determination that the cable [67 FR 65210, 65217, Oct. 23, 2002, as amended network or systems upon which the at 70 FR 75717, Dec. 21, 2005; 79 FR 16663, Mar. communication was publicly distrib- 26, 2014] uted could not be received by 50,000 §§ 100.30–100.32 [Reserved] persons or more. (c) The following communications § 100.33 Personal funds. are exempt from the definition of elec- tioneering communication. Any commu- Personal funds of a candidate means nication that: the sum of all of the following: (1) Is publicly disseminated through a (a) Assets. Amounts derived from any means of communication other than a asset that, under applicable State law, broadcast, cable, or satellite television at the time the individual became a or radio station. For example, election- candidate, the candidate had legal eering communication does not include right of access to or control over, and communications appearing in print with respect to which the candidate media, including a newspaper or maga- had— zine, handbill, brochure, stick- (1) Legal and rightful title; or er, yard sign, poster, billboard, and (2) An equitable interest; other written materials, including (b) Income. Income received during mailings; communications over the the current election cycle, of the can- Internet, including electronic mail; or didate, including: telephone communications; (1) A salary and other earned income (2) Appears in a news story, com- that the candidate earns from bona fide mentary, or editorial distributed employment;

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(2) Income from the candidate’s influencing any election for Federal of- stocks or other investments including fice is a contribution. interest, dividends, or proceeds from (b) For purposes of this section, the the sale or liquidation of such stocks term loan includes a guarantee, en- or investments; dorsement, and any other form of secu- (3) Bequests to the candidate; rity. (4) Income from trusts established be- (1) A loan that exceeds the contribu- fore the beginning of the election tion limitations of 52 U.S.C. 30116 and cycle; 11 CFR part 110 shall be unlawful (5) Income from trusts established by whether or not it is repaid. bequest after the beginning of the elec- (2) A loan is a contribution at the tion cycle of which the candidate is the time it is made and is a contribution to beneficiary; the extent that it remains unpaid. The (6) Gifts of a personal nature that aggregate amount loaned to a can- had been customarily received by the didate or committee by a contributor, candidate prior to the beginning of the when added to other contributions election cycle; and from that individual to that candidate (7) Proceeds from lotteries and simi- or committee, shall not exceed the con- lar legal games of chance; and tribution limitations set forth at 11 (c) Jointly owned assets. Amounts de- CFR part 110. A loan, to the extent it is rived from a portion of assets that are repaid, is no longer a contribution. owned jointly by the candidate and the (3) Except as provided in paragraph candidate’s spouse as follows: (b)(4) of this section, a loan is a con- (1) The portion of assets that is equal tribution by each endorser or guar- to the candidate’s share of the asset antor. Each endorser or guarantor under the instrument of conveyance or shall be deemed to have contributed ownership; provided, however, that portion of the total amount of the (2) If no specific share is indicated by loan for which he or she agreed to be an instrument of conveyance or owner- liable in a written agreement. Any re- ship, the value of one-half of the prop- duction in the unpaid balance of the erty. loan shall reduce proportionately the [73 FR 79601, Dec. 30, 2008] amount endorsed or guaranteed by each endorser or guarantor in such §§ 100.34–100.50 [Reserved] written agreement. In the event that such agreement does not stipulate the Subpart B—Definition of portion of the loan for which each en- Contribution (52 U.S.C. 30101(8)) dorser or guarantor is liable, the loan shall be considered a loan by each en- SOURCE: 67 FR 50585, Aug. 5, 2002, unless dorser or guarantor in the same pro- otherwise noted. portion to the unpaid balance that each endorser or guarantor bears to the § 100.51 Scope. total number of endorsers or guaran- (a) The term contribution includes the tors. payments, services, or other things of (4) A candidate may obtain a loan on value described in this subpart. which his or her spouse’s signature is (b) For the purpose of this subpart, a required when jointly owned assets are contribution or payment made by an used as collateral or security for the individual shall not be attributed to loan. The spouse shall not be consid- any other individual, unless otherwise ered a contributor to the candidate’s specified by that other individual in campaign if the value of the can- accordance with 11 CFR 110.1(k). didate’s share of the property used as collateral equals or exceeds the § 100.52 Gift, subscription, loan, ad- amount of the loan that is used for the vance or deposit of money. candidate’s campaign. (a) A gift, subscription, loan (except (5) If a political committee makes a for a loan made in accordance with 11 loan to any person, such loan shall be CFR 100.82 and 100.83), advance, or de- subject to the limitations of 11 CFR posit of money or anything of value part 110. Repayment of the principal made by any person for the purpose of amount of such loan to such political

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