For a basic explainer on independent expenditures, click here.
Who Reports?
In general, the person or group making independent expenditures is solely responsible for reporting that spending. The method and frequency of reporting depends on whether the person or group is a PAC.
IE Reporting for Non-PACs
If the person or group making the independent expenditures is not a PAC (i.e., has not registered a PAC with the FEC), then they must report those independent expenditures using FEC Form 5. Form 5 can be filed by mail or fax using the Form 5 PDF or electronically using the dedicated Form 5 webform or the FEC’s electronic filing software. For more info on FEC Form 5, check out the Form 5 instructions.
Threshold
A group must start reporting their independent expenditures using FEC Form 5 after spending $250 or more in aggregate on a given election in a calendar year.
Frequency
Quarterly: any person that spends $250 or more in aggregate on IEs for a given election in a calendar year must report those IEs on a quarterly basis for that quarter and every subsequent quarter in which additional IEs are made.
48-hour: any person that spends $10,000 or more in aggregate on IEs for a given election more than 20 days before the election must report those IEs within 48-hours of crossing the $10,000 threshold.
24-hour: any person that spends $1,000 or more in aggregate on IEs for a given election less than 20 days before the election must report those IEs within 24 hours of crossing the $1,000 threshold.
IE Reporting for PACs
PACs are required to regularly report their financial activity — including practically all PAC receipts and disbursements — using FEC Form 3X. PACs can elect to file regular reports on either a monthly or quarterly basis. In addition to its regular reporting, PACs are also subject to the 48- and 24-hour IE reporting requirements outlined above, but use Form 3X, Schedule E for those reports. For more information on PAC reporting, check out this FEC webpage.