(a) Scope. This section applies to the costs of a phone bank conducted by a national, State, district, or local committee or organization of a political party where--
(1) The communication refers to a clearly identified Federal candidate;
(2) The communication does not refer to any other clearly identified Federal or non-Federal candidate;
(3) The communication includes another reference that generically refers to other candidates of the Federal candidate's party without clearly identifying them;
(4) The communication does not solicit a contribution, donation, or any other funds from any person; and
(5) The phone bank is not exempt from the definition of ``contribution'' under 11 CFR 100.89 and is not exempt from the definition of ``expenditure'' under 11 CFR 100.149.
(b) Attribution. Each disbursement for the costs of a phone bank described in paragraph (a) of this section shall be attributed as follows:
(1) Fifty percent of the disbursement is not attributable to any other Federal or non-Federal candidate, but must be paid for entirely with Federal funds; and
(2) Fifty percent of the disbursement is attributed to the clearly identified Federal candidate and must be paid for entirely with Federal funds. This disbursement may be one or a combination of the following:
(i) An in-kind contribution, subject to the limitations set forth in 11 CFR 110.1 or 110.2; or
(ii) A coordinated expenditure or an independent expenditure, subject to the limitations, restrictions, and requirements of 11 CFR 109.10, 109.32, and 109.33; or
(iii) Reimbursed by the clearly identified Federal candidate or his or her authorized committee. [68 FR 64520, Nov. 14, 2003, as amended at 69 FR 63920, Nov. 3, 2004]