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Federal Election Commission | United States of America

Registering affiliated nonconnected PACs

When registering, the PAC will list the names and addresses of any committees affiliated with the registering committee or any sponsor of a leadership PAC.

Per se (automatic) affiliation

Under FEC rules, committees are affiliated per se when they are established, financed, maintained or controlled by a single entity or by the same person or group of persons.

Circumstances indicating affiliation

When committees are not per se affiliated, the Commission may nevertheless look to the following factors to determine whether two or more committees are affiliated. These address whether the committee:

  • Has the authority or ability to direct or participate in the governance of another committee or its sponsoring organization through provisions of formal documents, or formal or informal practices or procedures;
  • Has the authority or ability to hire, appoint, demote or otherwise control the officers or other decision-making employees of another committee or its sponsoring organization;
  • Has common or overlapping officers or employees with another committee or its sponsoring organization, indicating a formal or ongoing relationship between them;
  • Has officers or employees who were officers or employees of another committee or its sponsoring organization, indicating a formal or ongoing relationship or the creation of a successor;
  • Provides or arranges for the provision of funds or goods in a significant amount or on an ongoing basis to another committee (or its sponsoring organization), such as through payments for fundraising and administrative costs;
  • Has an active or significant role in the formation of another committee or its sponsoring organization; or
  • Makes or receives contributions in a pattern similar to that of another committee or its sponsoring organization, indicating a formal or ongoing relationship between them.

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Legal citations

Regulations

11 CFR 100.5(g)(2)-(3) and (g)(4)(ii)(B)-(J)
Affiliated committee

11 CFR 102.2(b)(1)(ii)
Statement of organization

11 CFR 110.3(a)(1) and (a)(3)
Contribution limitations for affiliated committees

This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public.

The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.