[Federal Register Volume 71, Number 130 (Friday, July 7, 2006)]
[Rules and Regulations]
[Page 38513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10629]



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 Rules and Regulations
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  Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Rules 
and Regulations  

[[Page 38513]]



FEDERAL ELECTION COMMISSION

11 CFR Part 104

[Notice 2006-11]


Statement of Policy; Recordkeeping Requirements for Payroll 
Deduction Authorizations

AGENCY: Federal Election Commission.

ACTION: Statement of policy.

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SUMMARY: The Commission has previously sought copies of original signed 
payroll deduction authorization forms as the sole adequate proof that 
contributors intended to authorize payroll deduction to make 
contributions to the separate segregated fund of a corporation, labor 
organization, or trade association. As a matter of general policy, the 
Commission intends to accept certain other forms of documentation as 
proof of payroll deduction authorization, which are described in the 
supplementary information below.

DATES: Effective Date: July 7, 2006.

FOR FURTHER INFORMATION CONTACT: Mr. Richard T. Ewell, Attorney, 999 E 
Street, NW., Washington, DC 20463, (202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: Corporations, labor organizations, and trade 
associations may use a payroll deduction system to collect and forward 
voluntary contributions from certain persons to their separate 
segregated funds (``SSFs''), which are political committees they 
establish. 11 CFR 114.2(f)(4)(i). Political committees must maintain 
records that provide sufficient detail to enable the Commission to 
verify that the source and amount of contributions received by the 
committee are accurately and completely reported. See 11 CFR 
104.14(b)(1); see also 11 CFR 104.8(b) (reporting contributions 
received through payroll deductions). For contributions collected by 
payroll deduction, the Commission's past practice had been to request 
copies of original signed payroll deduction authorization (``PDA'') 
forms as proof that the SSF satisfied the recordkeeping requirements of 
11 CFR 104.14(b)(1). Through this statement of policy, the Commission 
announces that signed PDA forms are not the only adequate form of proof 
for meeting the recordkeeping requirements of 11 CFR 104.14(b)(1).
    As a matter of general policy, the Commission intends to accept 
other evidence that the requirements of 11 CFR 104.14 have been 
satisfied, which may include records of the transmittal of funds from 
employers or collecting agents, including spreadsheets or other 
computerized records, wire transfer records, or other written or 
electronic records.
    SSFs are advised, however, that the Commission considers the 
retention of signed PDA forms to be a sound recordkeeping practice, and 
in many cases, signed PDA forms may serve as the best documentation 
that a deduction was authorized at a particular time for a particular 
amount. Additionally, some SSFs are subject to independent PDA 
recordkeeping requirements under State law. The Commission's policy 
does not alter or affect a committee's recordkeeping obligations under 
any applicable State law.
    This Federal Register notice represents a general statement of 
policy announcing the general course of action that the Commission 
intends to follow. This policy statement does not constitute an agency 
regulation requiring notice of proposed rulemaking, opportunities for 
public participation, prior publication, and delay in effective date 
under 5 U.S.C. 553 of the Administrative Procedure Act (``APA''). As 
such, it does not bind the Commission or any member of the general 
public. The provisions of the Regulatory Flexibility Act, which apply 
when notice and comment are required by the APA or another statute, are 
not applicable.

    Dated: June 30, 2006.
Michael E. Toner,
Chairman, Federal Election Commission.
 [FR Doc. E6-10629 Filed 7-6-06; 8:45 am]
BILLING CODE 6715-01-P