JOINT FUNDRAISING AGREEMENT

This Agreement is entered into on this ____ day of _________, 2015, by and between Hillary for America (the “Campaign”), the Democratic National Committee (“DNC”), [ADD STATE PARTIES] (hereinafter collectively referred to as the “Committees”).

Whereas the Committees desire to conduct joint fundraising projects in compliance with the Federal Election Campaign Act (“FECA”), the Bipartisan Campaign Reform Act (“BCRA”) and applicable Federal Election Commission (“FEC”) regulations;

Now, therefore, in consideration of the mutual covenants herein contained, the Committees agree as follows:

1. Purpose of Joint Fundraising
The purpose of the joint fundraising activity is to receive contributions to fund the Committees’ activities, including the support of candidates seeking election to office.

2. Participants
The Committees are all “political committees” within the meaning of the FECA.

3. Fundraising Representative
The Committees will establish and register with the FEC a separate political committee, Hillary Victory Fund, (the “Victory Fund”) to act as fundraising representative. The Committees will amend their Statements of Organization and Candidacy, as necessary, to reflect the Victory Fund as an affiliated/authorized committee. The treasurer of the Victory Fund shall be Elizabeth Jones. Ms. Jones may not be replaced as Treasurer without the agreement of all parties to the Agreement.

4. Allocation Formula
The Committees agree that the allocation formula set forth in Exhibit A to this Agreement (the “Allocation Formula”) will be used to allocate the funds raised in connection with this joint fundraising activity.

5. Exceptions to Allocation Formula
Under the following circumstances, the Allocation Formula as set forth in Exhibit A will not be used:

a. When a contributor designates his or her contribution to the Committees according to a different allocation formula;

b. When a contributor designates his or her contribution to a single committee;

c. When a contribution allocated according to the Allocation Formula would cause a contributor to exceed applicable contribution limits to any of the Committees.

6. Depository
The Victory Fund will establish a depository account to be used solely for the receipt of contributions and for the making of disbursements in furtherance of this agreement as provided for by law and FEC regulations. The Committees will amend their Statements of Organization, as necessary, to reflect this account as an additional depository.

7. Receipts and Disbursements

a. All contributions and other donations received by the Victory Fund will be placed in the depository account within 10 days of receipt as required by 11 C.F.R. § 103.3. All disbursements for expenses will be made from this account.

b. Each contribution comprising the gross proceeds of the fundraising activity will be allocated between the Committees according to the Allocation Formula. However, if such allocation would result in a violation of the contribution limits under FECA and BCRA, the Victory Fund will reallocate the contribution between the Committees. In order to ensure proper reallocation of such contributions, each of the Committees agrees to furnish the fundraising representative with a current list of its contributor records and related data for the election cycle.

c. Expenses will be allocated among the Committees according to the Allocation Formula. However, if a reallocation of contributions is required that results in a change in the Allocation Formula, expenses will be reallocated as well.

d. Subject to 11 C.F.R. § 102.17(b)(3), the Committees may agree to advance to the fundraising representative sufficient funds to defray start-up expenses for joint activities. Such advances will be repaid in full prior to any distribution of proceeds.

8. Distribution of Proceeds
From time to time and in compliance with FECA, after expenses have been deducted from the gross proceeds, the Victory Fund will transfer the net proceeds to the Committees according to the Allocation Formula, as modified by any reallocation required. The Victory Fund will arrive at the net proceeds figure by subtracting each Committee’s share of the expenses from the gross proceeds. Nothing in this Paragraph 8 shall preclude the transfer of any portion of the net proceeds to the Committees before all expenses have been paid. Nothing in Paragraph 8 shall require the Victory Fund to distribute net proceeds on any particular schedule, nor to each Committee at the same time. The timing of distributions of net proceeds under this agreement will be made at the sole discretion of the Treasurer.

9. Accounting to the Committees
The Committees will establish procedures to cross reference donor limits to ensure compliance with the Allocation Formula and campaign finance law. The treasurer of the Victory Fund shall provide to each party to this Agreement periodic accountings which shall contain the following information:

a. a list of all contributions to the Victory Fund which includes the name, address, occupation and employer of each contributor, the amount of the contribution, and the date of receipt of the contribution;

b. a list of all disbursements, to whom they were made, the purpose, and amount;

c. a list of any outstanding debts of the Victory Fund; and

d. the current funds balance.

10. Reporting

a. The Victory Fund will report all funds received and all disbursements made during each reporting period according to the requirements of the FECA, BCRA and FEC Regulations. All reporting schedules used to report the activity of the Victory Fund will be clearly marked as joint fundraising activity.

b. The Committees will report receipt of the proceeds in accordance with the requirements of the FECA, BCRA and FEC Regulations.

11. Recordkeeping

a. The Victory Fund shall collect and retain contributor information with regard to gross proceeds as required by 11 C.F.R. § 102.8 and shall forward such information to the Committees.

b. The Victory Fund, or a designated agent, will maintain a copy of this Agreement and the records required under 11 C.F.R. § 102.9 regarding fundraising receipts and disbursements for three (3) years from the date of execution, receipt or disbursement, as the case may be. The Agreement shall be made available to the FEC on request.

12. Miscellaneous

a. All solicitations of contributions will be conducted in accordance with the notice provision of 11 C.F.R. § 102.17(c)(2).

b. Any changes to the provisions of this Agreement must be made in writing and signed by all parties to the Agreement.

c. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. For purposes hereof, a facsimile copy of this Agreement, including the signature page hereto, shall be deemed to be an original and will have the same force and effect as an original document with original signatures.

[Signature Pages Follow Immediately.]

IN WITNESS WHEREOF, the parties hereto have executed this Joint Fundraising Agreement as of the date first written above.

THE CAMPAIGN:

By:

DEMOCRATIC NATIONAL COMMITTEE:

By:

[STATE PARTY]

By:

[STATE PARTY]

By:

[STATE PARTY]

By:

 

 

 

Exhibit A
JOINT FUNDRAISING AGREEMENT

Allocation Formula
Contributions from individuals will be allocated as follows: the first $2,700 will be allocated to Hillary for America and designated for the primary election. The next $33,400 of a contribution will be allocated to the Democratic National Committee. The next $______ of a contribution will be allocated equally to ____________

A contributor may designate his or her contribution for a particular participant. The allocation formula above may change if following it would result in an excessive contribution.

 

 

 

 

 

DISCLAIMER LANGUAGE FOR JOINT FUNDRAISER
The following is the disclaimer you should use on all of the materials printed in connection with joint fundraising:

Contributions or gifts to Hillary Victory 2016 are not tax deductible.

Paid for by Hillary Victory 2016, a joint fundraising committee authorized by Hillary for America, the Democratic National Committee and [INSERT STATE PARTIES].

Contributions from individuals will be allocated as follows: the first $2,700 will be allocated to Hillary for America and designated for the primary election. The next $33,400 of a contribution will be allocated to the Democratic National Committee. The next $______ of a contribution will be allocated equally to ____________
.
A contributor may designate his or her contribution for a particular participant. The allocation formula above may change if following it would result in an excessive contribution.

Federal law requires us to use our best efforts to collect and report the name, mailing address, occupation, and name of employer of individuals whose contributions exceed $200 in an election cycle.

 

ORIGINAL PDF LINK