Contribution limits

$100 limit on cash contributions
A campaign may not accept more than $100 in cash from a particular source with respect to any campaign for nomination for election, or election to federal office.

$50 limit on anonymous contributions:
An anonymous contribution of cash is limited to $50. Any amount in excess of $50 must be promptly disposed of and may be used for any lawful purpose unrelated to any federal election, campaign or candidate.

In-kind contributions
The value of an in-kind contribution—the usual and normal charge—counts against the contribution limit as a gift of money does. Additionally, like any other contribution, in-kind contributions count against the contributor’s limit for the next election, unless they are otherwise designated.

The limits on contributions to candidates apply separately to each federal election in which the candidate participates. A primary, general, runoff and special election are each considered a separate election with a separate limit.

Presidential campaigns should note that all presidential primary elections held during a calendar year are considered one election for the purposes of the contribution limits.

Under certain circumstances, additional elections may be called that bring about additional per election contribution limits. For example, a separate election may occur when a judicial decision creates a new election. A special election may also involve separate primary, general and/or runoff elections, each with a separate contribution limit. In Advisory Opinion (AO) 2009-15, the Commission concluded that under certain circumstances an authorized committee may accept contributions that may be used in a special or emergency election or runoff, even though an election has not been scheduled and may not occur. And in some cases, a party caucus or convention is considered an election. Each of these elections would be considered a separate election with a separate contribution limit.

Party caucus or convention

A party caucus or convention constitutes an election only if it has the authority under relevant state law to select a nominee for federal office. (Notable examples of these types of conventions are those held in Connecticut, Utah and Virginia.) Otherwise, there is no separate limit for a caucus or convention; it is considered part of the primary process. When the caucus or convention does constitute a primary election, reports must be filed for the convention as they would for the primary.

Candidates who lose in the primary

A candidate is entitled to an election limit only if they seek office in that election. Thus, a candidate who loses the primary (or otherwise does not participate in the general election) does not have a separate limit for the general. If a candidate accepts contributions for the general election before the primary is held and loses the primary (or does not otherwise participate in the general election), the candidate’s principal campaign committee must refund, redesignate or reattribute the general election contributions within 60 days of the primary or the date that the candidate publicly withdraws from the primary race. In AO 2008-04, the Commission determined that the authorized committee of a presidential candidate receiving primary matching funds may issue refunds or obtain redesignations to his or her Senate campaign for contributions made in connection with the general election.

Independent and non-major party candidates

Even when independent and non-major party candidates are not involved in an actual primary, they are entitled to a primary limit. They may choose one of the following dates to be their “primary” date, and, until that date, they may collect contributions that count towards the contributor’s primary limits.

• The last day on which, under state law, a candidate may qualify for a position on the general election ballot; or
• The date of the last major primary election, caucus or convention in that state. Non-major party candidates may also choose the date of the nomination by their party as their primary date.

Independent and non-major party may also choose the date of the nomination by their party as their primary date. Whichever date they chose, the candidate's campaign must file the pre-election report applicable to their state and any 48-Hour notices for contributions of $1,000 or more, even if they are not actually participating in a primary election or nominating convention.

Primary vs. general election

Campaigns must adopt an accounting system to distinguish between contributions made for the primary election and those made for the general election.

As previously noted, should the candidate lose the primary election, contributions accepted for the general election must be refunded, redesignated or reattributed within 60 days and may not be used to repay primary election debt. Therefore, candidate committees should ensure they have enough cash on hand to make those refunds if needed.

Candidates running in the general election, however, may spend unused primary contributions for general election expenses. The contributions would continue to apply toward the contributors’ limits for the primary. In addition, the campaign of a candidate running in the general election may use general election contributions for primary election debts; the contributions would still count against the contributor’s general election limits.

Unopposed candidates; elections not held

A candidate is entitled to a separate contribution limit even if:

• The candidate is unopposed in an election;
• A primary or general election is not held because the candidate is unopposed; or
• The general election is not held because the candidate received a majority of votes in the previous election.

The date on which the election would have been held is considered the date of the election. The campaign must file pre-election reports and, in the case of a general election, a post-election report.

Unopposed candidates must file the pre-election report applicable to their state and any 48-Hour notices for contributions of $1,000 or more, even if they are not actually participating in a primary election or nominating convention.

Contributions to presidential and vice presidential candidates

Primary elections

All presidential primary elections held during an election year are considered one election for the purposes of the contribution limits. The primary election period ends on the date that the candidate accepts the nomination of the party. Although an individual may contribute up to the primary limit to a publicly funded presidential primary candidate, only a maximum of $250 of each individual’s contribution is counted towards federal matching funds. A publicly funded presidential primary candidate must agree to limit spending from the candidate’s personal funds to $50,000.

General elections

A contribution to a major party (Republican or Democratic) presidential general election campaign is not permitted if the candidate chooses to receive general election public funds. A person may contribute to a nonmajor party nominee who receives partial general election public financing up to the expenditure limits, but the nominee is otherwise subject to the same contribution limits that apply to House candidates. The nominee must also agree to limit spending from personal funds to $50,000.

Note, in AO 2007-03, the Commission concluded that a presidential candidate could solicit and receive private contributions for the 2008 presidential general election without losing eligibility to receive public funding if the candidate received his party’s nomination for President, provided that the campaign:

• Deposited and maintained all private contributions designated for the general election in a separate account;
• Refrained from using these contributions for any purpose; and
• Refunded the private contributions in full if the candidate ultimately decided to receive public funds.

Contributions may be made to a publicly funded presidential nominee’s "General Election Legal and Compliance fund (GELAC fund)." A GELAC fund is used solely for legal and accounting expenses incurred in complying with federal law. Gifts to GELAC funds are considered contributions and are subject to the per-candidate, per-election limits.

Contributions to delegates

Contributions to an individual for the purpose of furthering that individual’s selection as a delegate to a national nominating convention or as a delegate to any state or local convention or caucus that is held to select delegates to a national nominating convention are not subject to any amount limitation.

Recounts

A federal campaign may establish a recount fund either as a separate bank account of the candidate’s authorized committee or as a separate entity. Although they are not considered contributions under the Act, any funds solicited, received, directed, transferred or spent in connection with a recount are subject to the amount limitations, source prohibitions and reporting requirements of the Act. This means that the normal contribution limits, reporting requirements and source restrictions apply. Committees must also disclose funds spent on a recount.

Contributions to unauthorized committees

If a contributor makes a contribution to a committee not authorized by any candidate and knows that a substantial portion of the contribution will be contributed to or spent on behalf of a particular candidate, the contribution counts against the contributor’s per-election limit with respect to that candidate.

The Commission strongly recommends that campaigns encourage contributors to designate their contributions for specific elections. Designated contributions ensure that the contributor’s intent is conveyed to the candidate’s campaign. In the case of contributions from political committees, written designations also promote consistency in reporting and thereby avoid the possible appearance of excessive contributions on reports.

Effect of designating vs. not designating

Designated contributions count against the donor’s contribution limits for the election that is named.

Undesignated contributions count against the donor’s contribution limits for the candidate’s next election.

For example:

• An undesignated contribution made after the candidate has won the primary, but before the general election, applies toward the contribution limit for the general election.
• In the case of the candidate who has lost the primary, an undesignated contribution made after the primary automatically applies toward the limit for the next election in which the candidate runs for federal office.
• If the candidate does not plan to run for federal office in the future, the committee may:
  • Presumptively redesignate the contribution to retire any net primary debts it may have; or
  • Request a written redesignation from the contributor to retire net debts from a previous election cycle. Note that if a contribution designated to retire the net debt of a previous campaign exceeds the amount of the net debt, the contribution must be returned, refunded, redesignated or reattributed. Contributions can be designated for debt retirement only if net debt exists and if the contributor has not already met the contribution limit for that election.

Otherwise, the committee must return or refund the contribution.

How contributions are designated

Contributors designate contributions by indicating in writing the specific election to which they intend a contribution to apply. Contributors may make this written designation on the check (or other signed written instrument) or in a signed statement accompanying the contribution. A designation also occurs when the contributor signs a form supplied by the candidate.

Campaign must retain designations

The campaign must retain copies of contribution designations for three years. If the designation appears on the check (or other written instrument), the campaign must retain a full-size photocopy.

In-kind contributions designated for more than one election in an election cycle

In AO 1996-29, the Commission determined that the value of an in-kind contribution of used computer equipment, received before the primary and designated in writing by the contributors for all elections in the cycle, could, in fact, be allocated among all elections in the same election cycle. The contribution was distinguishable from the type of in-kind contribution that is used for one particular election (such as printing or mailing costs related to a general election fundraiser). If the candidate had lost the primary election, the committee would have had to refund the amount designated for the general election (in this case, the candidate was active in each election within the election cycle). The total value of the contribution could not exceed the contributor’s combined limit for all the elections in the cycle. The Commission did not address the issue of allocating an in-kind contribution over more than one election cycle.

The date a contribution is made by the contributor and the date the contribution is received by the campaign are significant for purposes of the contribution limits. It is important to understand the distinction.

The date a contribution is made is the date the contributor relinquishes control over it. For example:

• A hand-delivered contribution is considered made on the date it is delivered by the contributor to the campaign.
• A mailed contribution is made on the date of the postmark. (If a campaign wishes to rely on a postmark as evidence of the date a contribution was made, it must retain the envelope or a copy of it.)
• An in-kind contribution is made on the date that the goods or services are provided by the contributor.
• A contribution made via the Internet is considered made on the date the contributor electronically confirms making the transaction.

An earmarked contribution is considered made during the election cycle in which the contribution is actually made, regardless of the year in which the election is held. (The conduit must forward this information to the campaign.)

Date contribution is received
The date of receipt is the date the campaign (or a person acting on the campaign’s behalf) actually receives the contribution. This is the date used by the campaign for reporting purposes, but it also affects the application of the net debts outstanding rule.

Contributions charged on credit card
When the committee receives contributions through credit card charges, the date of receipt is the date on which the committee receives the contributor’s signed authorization to charge the contribution. The treasurer should retain a copy of the authorization form in the committee’s records.

In-kind contributions
The date of receipt for an in-kind contribution is the date the goods or services are provided to the committee, even if the contributor pays the bill for the goods or services after they are provided.

Effect of dates on undesignated contributions

The date an undesignated contribution is made determines which election limit it counts against. The date of receipt, however, does not affect the application of the contribution limits. An undesignated contribution made on or before election day counts against the donor’s limit for that election, even if the date of receipt is after election day and even if the campaign has no net debts outstanding. On the other hand, an undesignated contribution made after an election counts against the donor’s limit for the candidate’s next election.

Effect of dates on designated contributions

Both the date a contribution is made and the date of receipt affect the application of the net debts outstanding rule to a designated contribution. The date the contribution is made determines whether the rule will apply, while the date of receipt governs whether the contribution is acceptable under the rule. For example, a contribution designated for the primary and made before that election will not be subject to the net debts outstanding rule, even if the campaign receives the contribution after the primary. By contrast, a contribution designated for—but made after—the primary is acceptable only to the extent the campaign has net debts outstanding for the primary on the date of receipt.

Date of deposit

While all contributions must be deposited within 10 days, the date of deposit is not used for reporting or contribution limit purposes.