---
kind: "section"
citation: "11 C.F.R. § 109.3"
title: "11"
number: "109.3"
heading: "Definitions."
url: "https://uscodex.org/cfr/11/109.3"
---

# §109.3. Definitions.


For the purposes of [11 CFR part 109](/cfr/11/part109.md) only, agent means any person who has actual authority, either express or implied, to engage in any of the following activities on behalf of the specified persons:

- (a) In the case of a national, State, district, or local committee of a political party, any one or more of the activities listed in [paragraphs (a)(1) through (a)(5)](#a-1..a-5) of this section:
  - (1) **To request or suggest that a communication be created, produced, or distributed.**
  - (2) To make or authorize a communication that meets one or more of the content standards set forth in [11 CFR 109.21(c)](/cfr/11/109.21.md?p=c).
  - (3) **To create, produce, or distribute any communication at the request or suggestion of a candidate.**
  - (4) **To be materially involved in decisions regarding—**
    - (i) The content of the communication;
    - (ii) The intended audience for the communication;
    - (iii) The means or mode of the communication;
    - (iv) The specific media outlet used for the communication;
    - (v) The timing or frequency of the communication; or,
    - (vi) The size or prominence of a printed communication, or duration of a communication by means of broadcast, cable, or satellite.
  - (5) To make or direct a communication that is created, produced, or distributed with the use of material or information derived from a substantial discussion about the communication with a candidate.
- (b) In the case of an individual who is a Federal candidate or an individual holding Federal office, any one or more of the activities listed in [paragraphs (b)(1) through (b)(6)](#b-1..b-6) of this section:
  - (1) **To request or suggest that a communication be created, produced, or distributed.**
  - (2) To make or authorize a communication that meets one or more of the content standards set forth in [11 CFR 109.21(c)](/cfr/11/109.21.md?p=c).
  - (3) **To request or suggest that any other person create, produce, or distribute any communication.**
  - (4) **To be materially involved in decisions regarding—**
    - (i) The content of the communication;
    - (ii) The intended audience for the communication;
    - (iii) The means or mode of the communication;
    - (iv) The specific media outlet used for the communication;
    - (v) The timing or frequency of the communication;
    - (vi) The size or prominence of a printed communication, or duration of a communication by means of broadcast, cable, or satellite.
  - (5) To provide material or information to assist another person in the creation, production, or distribution of any communication.
  - (6) To make or direct a communication that is created, produced, or distributed with the use of material or information derived from a substantial discussion about the communication with a different candidate.

## Notes

### Authority

Authority: 52 U.S.C. 30101(17), 30104(c), 30111(a)(8), 30116, 30120; Sec. 214(c), Pub. L. 107-155, 116 Stat. 81.

### Source

Source: 68 FR 451, Jan. 3, 2003, unless otherwise noted.