Applies To: Federal Election Commission
At ISPolitical, we build in tools to make it as rare as possible to get a Request for Additional Information (RFAI) from the Federal Election Commissions. However, not all RFAIs can be avoided. If you do get one about potential prohibited contributions, review the notes below for what you should do and how you can avoid getting another RFAI in the future.
See our full list of RFAI help files if you get a letter about another issue.
Contributions Made to Candidate Committee in the Excess of Limits
Text from RFAI
Schedule B of your report discloses one or more contributions that appear to exceed the limits set forth in the Act (see attached). The Act precludes an authorized or principal campaign committee from making a contribution to a candidate for federal office in excess of $2,000 per election. (11 CFR ?? 102.12(c) and 102.13(c))If any apparently excessive contribution in question was incompletely or incorrectly disclosed, you must amend your original report with the clarifying information. If the contribution made was excessive, you must notify the recipient committee and either request a refund or redesignate (if applicable) the amount in excess of $2,000.If requesting a refund, you also must inform the Commission in writing of such a refund and provide a photocopy of any refund request sent to the recipient committee. The refund must appear on Line 15 of the Detailed Summary Page and on a supporting Schedule A of the report covering the period in which the refund is received.In regard to redesignations, you can authorize the recipient committee to redesignate the excessive portion of the contribution to another election provided the new designation does not exceed the limitations on contributions made with respect to that particular election. Also, the redesignation must be done within 60 days of the contribution being received by the recipient committee. A contribution can only be redesignated to a previous election provided the recipient committee has net debts outstanding for that election. (11 CFR ? 110.1(b)(3)(i)) If the above conditions for redesignations are not met within 60 days of receipt, the excessive amount must be refunded to your committee. See 11 CFR ? 103.3(b)(3).Although the Commission may take further legal action concerning the excessive contribution(s), your prompt action to either redesignate or obtain a refund of the excessive amount will be taken into consideration.
Background
Federal Election Law establishes limits that political committees may
give to other political committees. You have received one or more
donations that appear to exceed the legal limits.
Solution
You have two options:
1) Contact the committee you make the contribution to and notify them to redesignate some or all of your contribution to a different election. Be sure to update your data in ISPolitical to also reflect this redesignation, by entering in memo expenses.
2) Contact the committee that you made the contribution to and request a refund for the excess donation.
In either case, file a Form 99 explaining what you have done and what steps you are taking to avoid similar mistakes in the future.
Best Practices
ISP has a series of different tools to alert you when a contribution
is made in excess of limits. Using them will help ensure that you can
promptly identify contributions in excess of limits ensuring that extra
work in dealing with RFAIs and refunds is not needed.
Contributions Made to PAC in the Excess of Limits
Text from RFAI
Schedule B of your report discloses one or more contributions that appear to exceed the limits established by the Act (see attached). The Act precludes an individual or a political committee from making a contribution to a political action committee in excess of $5,000 per calendar year. (52 U.S.C. ? 30116(a) (formerly 2 U.S.C. ? 441a(a)) and 11 CFR 110.1(d)) If any apparently excessive contribution in question was incompletely or incorrectly disclosed, you must amend your original report with the clarifying information.
If the contribution made was excessive, you must notify the recipient and request a refund of the amount in excess of $5,000. If you have not already done so, please inform the Commission in writing of such a refund. The refund must appear on Line 15 of the Detailed Summary Page and on a supporting Schedule A of the report covering the period in which the refund is received. Although the Commission may take further legal action concerning the excessive contribution(s), your prompt action to obtain a refund of the excessive amount will be taken into consideration.
Background
Federal Election Law establishes limits that political committees may give to other political committees. You have received one or more donations that appear to exceed the legal limits.
Solution
Contact the committee to which you donated and request a refund for the excessive amount. File a Form 99 informing the FEC of what action you’ve taken and the steps you’re implementing to avoid similar mistakes in the future.
Best Practices
ISP has a series of different tools to alert you when a contribution is made in excess of limits. Using them will help ensure that you can promptly identify contributions in excess of limits and promptly reattribute or redesignate them, ensuring funds do not need to unnecessarily be returned.
Contributions Received in Excess of Limits
Text from RFAI
Schedule A of your report discloses one or more contributions that appear to exceed the limit set forth in the Act (see attached).
No political committee other than a qualified multi-candidate committee may make contributions to a candidate for federal office in excess of $3,300 per election. The attached PACs did not meet the requirements for qualified multi-candidate status as of the date the contribution(s) was made to your committee. The term “contribution” includes any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of influencing any election for federal office. (52 U.S.C. ? 30116(a) and (f) (formerly 2 U.S.C. ? 441a(a) and (f)); 11 CFR ? 110.1(b))
If any apparently excessive contribution in question was incompletely or incorrectly disclosed, you must amend your original report with the clarifying information.
If any contribution(s) you received exceeds the limits, you may have to refund the excessive amount. The funds can be retained if, within 60 days of receipt, the excessive amount is properly redesignated for a different election. An excessive contribution is considered properly redesignated if (1) the committee obtains signed written documentation from the contributor(s) authorizing the redesignation of the contribution for another election, provided that the new designation does not exceed the limitations on contributions made with respect to that election; or (2) the committee redesignates by presumption the excessive portion of the contribution for another election provided that the new designation does not exceed the limitations on contributions made with respect to that election. In this case, the treasurer must notify the contributor of the redesignation in writing within 60 days of the treasurer’s receipt of the contribution. The notification must give the contributor an opportunity to request a refund. (11 CFR ? 110.1(b)(5)(ii)(B)) A contribution can only be redesignated to a previous election to the extent that the contribution does not exceed net debts outstanding for that election. (11 CFR ? 110.1(b)(3)(i))
If you have not already done so, please inform the Commission of your corrective action immediately in writing and provide photocopies of any refund checks and/or letters redesignating the contributions in question. Refunds are reported on Line 20(a), (b), or (c), as applicable, of the Detailed Summary Page and on a supporting Schedule B of the report covering the period in which they are made. Redesignations are reported as memo entries on Schedule A of the report covering the period in which the authorization for the redesignation is received. (11 CFR ? 104.8(d)(2), (3) and (4))
Although the Commission may take further legal action concerning the acceptance of excessive contributions, your prompt action to refund or redesignate the excessive amount will be taken into consideration.
Background
Federal Election Law establishes limits that individuals and other entities may give to political committees. You have received one or more donations that appear to exceed the legal limits.
Solution
In many cases, contributions can be reattributed to a spouse or redesignated to a different election, such as from the primary to the general.
For a reattribution, you must get a signed letter from the donor and their spouse. For a redesignation, you need a signed letter from the donor. After obtaining the letter, add in the reattribution or redesignation using the hotdog menu in ISP and file an amendment or submit a Form 99 explaining that it will be reflected in the upcoming report.
If you are unable to reattribution or redesignate the funds, you must refund the excess. Use the hotdog menu to create a refunded expense and mail the donor back a check from the excessive donation. In this case, you should submit a Form 99 explaining that it will be reflected in the upcoming report.
Best Practices
ISP has a series of different tools to alert you when a contribution in excess of limits. Using them will help ensure that you can promptly identify contributions in excess of limits and promptly reallocate or redesignate them, ensuring funds do not need to unnecessarily be returned.
