Your web browser is not supported You're using Internet Explorer, some features might not work. Please switch to another browser like Chrome, Firefox, or Edge for a better experience.


An official website of the United States government Here's how you know
 **Official websites use .gov**
            
            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
            
            A **lock** ( A locked padlock ) or **https://** means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.


Federal Election Commission | United States of America Calendar
           Glossary
          Search
              Search


Menu
      Home
      Campaign finance data
        All data
            Raising
            Spending
            Loans and debts
            Filings and reports
            Candidates
            Committees
            Bulk data
            Campaign finance statistics
        Find elections. Search by state or ZIP code
          Look up contributions from specific individuals
      Help for candidates and committees
        All compliance resources
            Guides
            Forms
            Dates and deadlines
            Trainings
        Learn about electronic filing
          Find and contact your committee's analyst
      Legal resources
        All legal resources
            Advisory opinions
            Enforcement
            Statutes
            Legislation
            Regulations
            Court cases
            Policy and other guidance
        Search across all legal resources
          Search guidance documents
      About
        All about the FEC
            News and announcements
            Commission meetings
            Mission and history
            Leadership and structure
            Reports about the FEC
            Careers
            Working with the FEC
            Contact
        Introduction to campaign finance and elections


- Home
- ›
        Help for candidates and committees
- ›
        Making disbursements as a party
- ›
      Definition of Federal Election Activity (FEA)

Definition of Federal Election Activity (FEA) Federal Election Activity (FEA) is a specifically defined term of art for activity by state, district or local party committees and organizations (whether registered as political committees with the Commission or not) that triggers special payment and reporting requirements. As a general rule, FEA must be paid for with federal funds. However, under certain circumstances Levin funds may be used to pay a portion of some types of FEA. No nonfederal funds may be used for FEA. A state, district or local party committee that has had any federal receipts or disbursements for FEA - or any reportable Levin receipts and disbursements - must file monthly.
 Read next
      Funding Federal Election Activity (FEA)
            
             Exempt activity that is also Federal Election Activity (FEA)
            
             Federal account expenses
            
             Donations of Levin funds to state and local party committees
 Types of FEA
          
            Allocable Federal Election Activity
          
            Unallocated Federal Election Activity
          
          
            Legal citations
 Types of FEA

  
  
    There are four types of FEA:Type 1: Voter registration activity during the period 120 days before a regularly scheduled federal election including the election day itself;Type 2: Voter identification, get-out-the-vote and generic campaign activity conducted in connection with an election in which a candidate for federal office appears on the ballot;Type 3: A public communication that refers to a clearly identified candidate for federal office and that promotes, attacks, supports or opposes (PASOs) a candidate for that office. The communication need not expressly advocate the election or defeat of the federal candidate to qualify as FEA; andType 4: Services provided during any given calendar month by an employee of a state, district or local party committee who spends more than 25 percent of his or her compensated time during that month on activities in connection with a federal election, including FEA.

  
  
      


Icon of a page
      
      
        Voter registration activity and GOTV (2012)
  
  Icon of a page
      
      
        Commission seeks comment on petition for rulemaking on activities of state, district and local political party committees (2016)
 Allocable Federal Election Activity

  
  
    State, district and local party committees may allocate between their federal and their Levin funds expenses arising from two types of FEA:Type 1: Voter registration activity between 120 days before a regularly scheduled federal election and the date of the election; andType 2: Voter identification, get-out-the-vote and generic campaign activity conducted in connection with an election in which a federal candidate appears on the ballot.However, no Levin funds may be used to pay for:Any FEA that refers to a clearly identified candidate; orAny broadcast, cable or satellite communication unless it refers solely to a clearly identified candidate for state or local office.
      
      Type 1 FEA: Voter registration activityTime Period: 120 days before a regularly scheduled federal election.“In connection with an election in which a federal candidate appears on the ballot” means the period beginning on the filing deadline for primary election ballot access for federal candidates under state law – or January 1st of the election year for states that do not hold primaries – and ending on the day of the general election (or of the general election runoff if one is held). For special elections, it means the period beginning on the day that the date is set for the special election and ending on the day of that election.The salaries, wages and fringe benefits of employees who spend 25 percent or less of their compensated time in a given month on FEA or on activities in connection with a federal election may be paid for with federal funds or allocated as administrative costs. Employees who spend no time on FEA or on activities in connection with a federal election may be paid with nonfederal funds.In regard to Federal Election Activity, voter registration activity means:Encouraging or urging potential voters to register to vote, whether by mail (including direct mail), email, in person, by telephone (including pre-recorded telephone calls, phone banks and messaging such as SMS and MMS) or by any other means;Preparing and distributing information about registration and voting;Distributing voter registration forms or instructions to potential voters;Answering questions about how to complete or file a voter registration form, or assisting potential voters in completing or filing such forms;Submitting or delivering a completed voter registration form on behalf of a potential voter;Offering or arranging to transport, or actually transporting, potential voters to a board of elections or county clerk’s office for them to fill out voter registration forms; orAny other activity that assists potential voters to register to vote.Exception: Brief, incidental exhortationsBrief exhortations to register to vote (regardless of the forum or medium) will not be considered voter registration activity as long as the exhortation is incidental to a communication, activity or event. Exhortations must be both brief and incidental to qualify for the exception.
      
      EXAMPLESA phone call for a state party committee fundraiser that provides recipients with information about the event, solicits donations and concludes by reminding the listener, “Don’t forget to register to vote,” would qualify for the exception because the exhortation is brief and incidental.An exhortation to register to vote that occupies a large amount of space on a mailer would not qualify for the exception because it would not be brief.A communication stating only “Register to Vote by October 1st!” and containing no other text would not qualify for the exception because it would not be incidental.
      
      Note: The exception will not inoculate speeches or events that otherwise would meet the definition of voter registration activity.Type 2 FEA: Voter ID, GOTV, generic campaign activityTime Period: “In connection with an election in which a federal candidate is on the ballot.”Voter identificationWith regard to Federal Election Activity, this means acquiring information about potential voters, including, but not limited to, obtaining voter lists and creating or enhancing voter lists by verifying or adding information about the voters’ likelihood of voting in an upcoming election or voting for specific candidates. A purchase of a voter list before the FEA period begins may be made with an allocated mix of federal and nonfederal funds. Also, any subsequent use of the voter list during the FEA period will not be considered a separate FEA cost unless the political party is also “enhancing” the voter list by verifying or adding information.For a regularly scheduled election, the time period begins on the day of the earliest federal office filing deadline for primary election ballot access under state law (or on January 1st in even years for states that do not hold primaries). The time period ends on the day of the general election (or on the day of a general election runoff, if applicable). The time period in connection with a special election begins on the day that the date is set for a special election and ends on the day of that election.Get-out-the-voteIn regard to Federal Election Activity, GOTV activity means:Encouraging or urging potential voters to vote, whether by mail (including direct mail), email, in person, by telephone (including pre-recorded telephone calls, phone banks and messaging such as SMS and MMS), or by any other means;Informing potential voters, whether by mail (including direct mail), email, in person, by telephone (including pre-recorded telephone calls, phone banks and messaging such as SMS and MMS), or by any other means, about the hours or location of polling places, or about early voting or voting by absentee ballot;Offering or arranging to transport, or actually transporting, voters to the polls; orAny other activity that assists potential voters in voting.Exception: Brief, incidental exhortationsBrief exhortations to vote (regardless of the forum or medium) will not be considered GOTV so long as the exhortation is incidental to a communication, activity or event. Exhortations must be both brief and incidental to qualify for this exception.
      
      EXAMPLES:A mailer praising the public service record of a mayoral candidate and/or discussing the candidate’s platform that concludes by reminding the recipients to “Vote for [mayoral candidate] in November!” would qualify for the exception because the exhortation is both brief and incidental.A message in a mailer that stated only “Vote on Election Day!” with no other text would not be incidental and would not qualify for the exception.
      
      Note: The exception will not inoculate speeches or events that otherwise would meet the definition of GOTV.Generic campaign activityGeneric campaign activity is a public communication that promotes or opposes a political party and does not promote or oppose a clearly identified federal candidate or a nonfederal candidate.
      
      Icon of an example
      How to report
        Allocated Federal Election Activity
 Unallocated Federal Election Activity

  
  
    Other types of FEA must be paid for entirely with federal funds, including:Type 3 FEA: Public communication that PASOs a federal candidateTime period: Any time during the calendar year.Type 3 FEA covers public communications that refer to a clearly identified candidate for federal office, regardless of whether a candidate for state or local election is also mentioned or identified, and that promote, support, attack or oppose (PASO) any candidate for federal office. Such public communications are FEA whether or not the communication expressly advocates a vote for or against a federal candidate. However, a public communication that merely identifies an individual who is a federal candidate does not, in itself, PASO that candidate.
      
      Type 4 FEA: Employee servicesTime period: Any time during the calendar year.Services provided during any month by an employee of a state, district or local committee of a political party who spends more than 25 percent of that individual’s compensated time during that month on activities in connection with a federal election.
      
      Icon of an example
      How to report
        Non-allocated Federal Election Activity
 Legal citations Regulations 11 CFR 100.24Definition of Federal Election Activity 11 CFR 100.25Definition of generic campaign activity 11 CFR 300.32(c)Conditions and restrictions on spending Levin funds 11 CFR& 300.33Allocation of costs of Federal Election Activity 11 CFR 300.36(c)Monthly filing requirement
 Advisory opinions AO 2013-04Use of nonfederal funds for Federal Election Activity by organizations not registered as federal political committees AO 2010-24Oversight of voter registration activity AO 2009-26State officeholder's use of State campaign and officeholder funds while a candidate for federal office
 Federal Register notices Final rule: Definition of Federal Election Activity, 75 FR 55257 (Sept. 10, 2010). Interim final rule: Definition of Federal Election Activity, 71 FR 8926, 8930-31 (Feb. 22, 2006).


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.


About
          Careers
          Press
          Contact
   Privacy and security policy
          Plain language
          No FEAR Act
          Strategy, budget and performance
 Open government
          Protected Voices
          USA.gov
          Inspector General
          FOIA
 OpenFEC API
          GitHub repository
          Release notes
          FEC.gov status


Federal Election Commission
 The FEC's Twitter page
            The FEC's YouTube page Sign up for FECMail


Hide glossary Glossary Search terms