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 discrepancies between triggered and periodic reports, 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.
Failure to File a 24-Hour Form 5: Report of Independent Expenditures Made and Contributions Received
Text from RFAI
Schedule E of your report indicates that your committee may have failed to timely file one or more of the required 24-Hour report(s) regarding “last minute” independent expenditures (see attached). A political committee must file a 24-Hour report with the Federal Election Commission as specified in 11 CFR §104.4(c), within 24 hours of any independent expenditures of $1,000 or more with respect to a given election, made between two and twenty days before an election. The report must be received by the Commission by 11:59 p.m. on the day following the date on which independent expenditures that aggregate $1,000 or more are publicly distributed or disseminated. These expenditures must then be fully itemized on Schedule E, or as memo entries on Schedule E and reflected on Schedule D if distributed or disseminated prior to payment, of the next report required to be filed by the committee. Although the Commission may take further action concerning this matter, your prompt response will be taken into consideration. (11 CFR §104.3(b))
Background
When making an independent expenditure of more than $1,000 with 20 days of the
election, you must file a Form 5 within 24 hours. You appear to have
failed to file a required report.
Solution
Promptly file a Form 99 explaining how the error occurred and what steps
you will be taking to avoid this sort of mistake from happening again.
Best Practices
ISPolitical offers a built in AI assist that will warn you of the need to file triggered reports such as the Form 5. Make sure you have enabled the AI assistant to ensure you’re getting these alerts. Additionally, by using ISP as your primary accounting system, including for check printing, you ensure that no funds are dispersed without entry into ISP first.
Failure to File an FEC Form 5: Report of Independent Expenditures Made
Text from RFAI
Schedule E of your report indicates that your committee may have failed to timely file one or more of the required 48-Hour report(s) for independent expenditures (see attached). A political committee must file a 48-Hour report with the Federal Election Commission as specified in 11 CFR §104.4(b), within 48 hours of any independent expenditures aggregating $10,000 or more with respect to a given election, made any time during the calendar year up to and including the 20th day before an election. The report must be received by the Commission by 11:59 p.m. on the second day following the date on which independent expenditures that aggregate $10,000 or more are publicly distributed or disseminated. These expenditures must then be fully itemized on Schedule E, or as memo entries on Schedule E and reflected on Schedule D if distributed or disseminated prior to payment, of the next report required to be filed by the committee. Although the Commission may take further action concerning this matter, your prompt response will be taken into consideration. (11 CFR §104.3(b))
Background
When making extremely large independent expenditures of more than $10,000, you must file a Form 5 within 48 hours. (If within 20 days of the election, the threshold in lower and the reports are due with 24 hours). You appear to have failed to file a required 48-hour report.
Solution
Promptly file a Form 99 explaining how the error occurred and what steps you will be taking to avoid this sort of mistake from happening again.
Best Practices
ISP offers a built in AI assist that will warn you of the need to file triggered reports such as the Form 5. Make sure you have enabled the AI assistant to ensure you’re getting these alerts. Additionally, doing prompt data entry and using ISP to generate check will help ensure that prompt filing is easy.
Failure to File Form 6: 48-Hour Notice of Contributions/Loans Received
Text from RFAI
Schedule A of your report indicates that your committee may have failed to file one or more of the required 48-hour notices regarding “last minute” contributions (to include loans, in-kind contributions, and advances) received by your committee after the close of books for the 12 Day Pre-General Report (see attached). A principal campaign committee must notify the Commission, in writing, within 48 hours of any contribution of $1,000 or more received between two and twenty days before an election. These contributions are then reported on the next report required to be filed by the committee. To ensure that the Commission is notified of last minute contributions of $1,000 or more to your campaign, it is recommended that you review your procedures for checking contributions received during the aforementioned time period. The Failure to File. 48-hour notices may result in civil money penalties or legal enforcement action. (11 CFR § 104.5(f)) If any contribution of $1,000 or more was incorrectly reported, you must amend your original report with the clarifying information.
Background
When receiving contribution of more than $1,000 with 20 days of the election, you must file a Form 6 within 48 hours. You appear to have failed to file a required report.
Solution
Promptly file a Form 99 explaining how the error occurred and what steps you will be taking to avoid this sort of mistake from happening again.
Best Practices
ISP offers a built in AI assist that will warn you of the need to file triggered reports such as the Form 6. Make sure you have enabled the AI assistant to ensure you’re getting these alerts. Additionally, using ISP’s AI to combine duplicates as well as regularly doing manual checks will help ensure that you’re not accidentally missing needed reports due to aggregate donation totals.
Transaction Reported on Form 6 Different from those on Periodic Report
Text from RFAI
Your committee filed 48-hour notices disclosing “last minute” contribution(s) (see attached). However, only partial amounts of these contribution(s) have been disclosed on Schedule A of this report. Please amend your report to include the entire amounts of these contribution(s) or provide an explanation of the apparent discrepancies. (11 CFR § 104.3(a)(4)(i))
Background
You have filed a Form 6 (48-hour report) that reflects different data from your Form 3, 3X, or 3P (periodic report.) Either the 48-hour notice was filed in error or your periodic report is missing this transaction.
Solution
Confirm if the contribution was actually received and adjust your database to properly reflect this data. As necessary, amend either your 48-hour report or your periodic report.
Best Practices
Properly used, ISP makes it nearly impossible for these sorts of discrepancies to occur. Make sure you’re taking advantage of all the features ISP offers to avoid these sorts of problems, including check printing, bank reconciliations, and locking filed transactions. Contact our support team if you have any questions.
Transaction Reported on Form 6 Not Reported on Periodic Report
Text from RFAI
Your committee filed 48-hour notices reporting the following “last minute” contributions (see attached). However, these contributions do not appear on Schedule A of this report. Please amend your report to include these contributions or provide an explanation of these apparent discrepancies. (11 CFR § 104.3(a)(4)(i))
Background
You have filed a Form 6 (48-hour report) that reflects different data from your Form 3, 3X, or 3P (periodic report.) Either the 48-hour notice was filed in error or your periodic report is missing this transaction.
Solution
Confirm if the contribution was actually received and adjust your database to properly reflect this data. As necessary, amend either your 48-hour report or your periodic report.
Best Practices
Properly used, ISP makes it nearly impossible for these sorts of discrepancies to occur. Make sure you’re taking advantage of all the features ISP offers to avoid these sorts of problems, including check printing, bank reconciliations, and locking filed transactions. Contact our support team if you have any questions.
