Federal Election Campaign Laws (pages 55

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Title 2. The Congress

§ 439. Statements filed with State officers; “appropriate State”

defined; duties of State officers; waiver of duplicate filing require-

ments for States with electronic access

(a) (1) A copy of each report and statement required to be filed

by any person under this Act shall be filed by such person with the Sec-

retary of State (or equivalent State officer) of the appropriate State, or,

if different, the officer of such State who is charged by State law with

maintaining State election campaign reports. The chief executive officer

of such State shall designate any such officer and notify the Commission

of any such designation.

(2) For purposes of this subsection, the term “appropriate

State” means—

(A) for statements and reports in connection with the

campaign for nomination for election of a candidate to the

office of President or Vice President, each State in which an

expenditure is made on behalf of the candidate; and

(B) for statements and reports in connection with the

campaign for nomination for election, or election, of a can didate

to the office of Senator or Representative in, or Del egate or

Resident Commissioner to, the Congress, the State in which

the candidate seeks election; except that political committees

other than authorized committees are only re quired to file, and

Secretaries of State required to keep, that portion of the report

applicable to candidates seeking election in that State.

(b) The Secretary of State (or equivalent State officer), or the officer

designated under subsection (a)(1) of this section, shall—

(1) receive and maintain in an orderly manner all reports and

statements required by this Act to be filed therewith;

(2) keep such reports and statements (either in original filed

form or in facsimile copy by microfilm or otherwise) for 2 years

after their date of receipt;

(3) make each report and statement filed therewith avail able

as soon as practicable (but within 48 hours of receipt) for public

inspection and copying during regular business hours, and permit

copying of any such report or statement by hand or by duplicating

machine at the request of any person, except that such copying shall

be at the expense of the person making the request; and

(4) compile and maintain a current list of all reports and

statements pertaining to each candidate.

§ 439

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Federal Election Campaign Laws

§ 439

Section 301 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-

155, revised section 439a to insert replacement language. This amendment is effective

as of November 6, 2002.

State that, as determined by the Commission, has a system that permits

electronic access to, and duplication of, reports and statements that are

filed with the Commission.

§ 439a. Use of contributed amounts for certain purposes

(a) Permitted uses. A contribution accepted by a candidate, and

any other donation received by an individual as support for activities of

the individual as a holder of Federal office, may be used by the candidate

or individual—

(1) for otherwise authorized expenditures in connection with

the campaign for Federal office of the candidate or individual;

(2) for ordinary and necessary expenses incurred in connec-

tion with duties of the individual as a holder of Federal office;

(3) for contributions to an organization described in section

170(c) of the Internal Revenue Code of 1986; or

(4) for transfers, without limitation, to a national, State, or

local committee of a political party.

(b) Prohibited use.

(1) In general. A contribution or donation described in sub-

section (a) shall not be converted by any person to personal use.

(2) Conversion. For the purposes of paragraph (1), a contri-

bution or donation shall be considered to be converted to personal

use if the contribution or amount is used to fulfill any commitment,

obligation, or expense of a person that would exist irrespective of

the candidate’s election campaign or individual’s duties as a holder

of Federal office, including—

(A) a home mortgage, rent, or utility payment;

(B) a clothing purchase;

(D) a country club membership;

(E) a vacation or other noncampaign-related trip;

(F) a household food item;

(G) a tuition payment;

(H) admission to a sporting event, concert, theater, or

other form of entertainment not associated with an election

campaign; and

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(I) dues, fees, and other payments to a health club or

recreational facility.

§ 439b. Repealed.

§ 439c. Authorization of appropriations

NOTE: This section contains the authorization for FEC appropria-

tions for FY 1975 through FY 1978, and for FY 1981. While con tained

in the United States Code, this provision has no substantive election law

content.

§ 440. Repealed.

§ 441. Repealed.

§ 441a. Limitations, contributions, and expenditures

(a) Dollar limits on contributions.

(1) Except as provided in subsection (i) and section 315A (2

U.S.C. § 441a-1), no person shall make contributions—

(A) to any candidate and his authorized political com-

mittees with respect to any election for Federal office which,

in the aggregate, exceed $2,000;

(B) tothepolitical committees established and main tained

by a national political party, which are not the au thorized politi-

cal committees of any candidate, in any cal endar year which,

in the aggregate, exceed $25,000;

mittee described in subparagraph (D)) in any calendar year

which, in the aggregate, exceed $5,000; or

(D) to a political committee established and maintained

by a State committee of a political party in any calendar year

which, in the aggregate, exceed $10,000.

§ 441a

Sections 102 and 307 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub.

L. No. 107-155, amended section 441a to modify contribution limits. This section was

further amended by section 319(b) of BCRA to cross-reference new section 441a-1 and

new paragraph (i). These amendments apply with respect to contributions made on or

after January 1, 2003.

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Federal Election Campaign Laws

§ 441a

(2) No multicandidate political committee shall make

contributions—

(A) to any candidate and his authorized political com-

mittees with respect to any election for Federal office which,

in the aggregate, exceed $5,000;

(B) to the political committees established and main-

tained by a national political party, which are not the au thorized

political committees of any candidate, in any cal endar year,

which, in the aggregate, exceed $15,000; or

year which, in the aggregate, exceed $5,000.

(3)

During the period which begins on January 1 of an

odd-numbered year and ends on December 31 of the next even-

numbered year, no individual may make contributions aggregating

more than—

(A) $37,500, in the case of contributions to candidates

and the authorized committees of candidates;

(B) $57,500, in the case of any other contributions, of

which not more than $37,500 may be attributable to contribu-

tions to political committees which are not political committees

of national political parties.

(4) The limitations on contributions contained in para graphs

(1) and (2) do not apply to transfers between and among political

committees which are national, State, district, or local committees

(including any subordinate committee thereof) of the same politi-

cal party. For purposes of paragraph (2), the term “multicandidate

political committee” means a political commit tee which has been

registered under section 433 of this title for a period of not less

than 6 months, which has received contribu tions from more than 50

persons, and, except for any State polit ical party organization, has

made contributions to 5 or more can didates for Federal office.

(5) For purposes of the limitations provided by paragraph

(1) and paragraph (2), all contributions made by political com-

mittees established or financed or maintained or controlled by any

corporation, labor organization, or any other person, includ ing any

parent, subsidiary, branch, division, department, or local unit of

such corporation, labor organization, or any other person, or by

Section 307(b) of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No.

107-155, amended subparagraph 441a(a)(3) to modify the annual contribution limit for

individuals. This amendment applies with respect to contributions made on or after Janu-

ary 1, 2003.

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Title 2. The Congress

any group of such persons, shall be considered to have been made

by a single political committee, except that

(A) nothing in this sentence shall limit transfers be tween

political committees of funds raised through joint fundraising

efforts;

(B) for purposes of the limitations provided by para graph

(1) and paragraph (2) all contributions made by a single political

committee established or financed or main tained or controlled

by a national committee of a political party and by a single

political committee established or financed or maintained or

controlled by the State committee of a political party shall not

be considered to have been made by a single political commit-

tee; and

between the principal campaign committee of a can didate seek-

ing nomination or election to a Federal office and the principal

campaign committee of that candidate for nomination or election

to another Federal office if

(i) such transfer is not made when the can didate

is actively seeking nomination or election to both such

offices;

(ii) the limitations contained in this Act on contribu-

tions by persons are not exceeded by such transfer; and

(iii) the candidate has not elected to receive any

funds under chapter 95 or chapter 96 of title 26.

In any case in which a corporation and any of its subsidiaries, branches,

divisions, departments, or local units, or a labor orga nization and any

of its subsidiaries, branches, divisions, depart ments, or local units

establish or finance or maintain or control more than one separate

segregated fund, all such separate seg regated funds shall be treated

as a single separate segregated fund for purposes of the limitations

provided by paragraph (1) and paragraph (2).

(6) The limitations on contributions to a candidate im posed

by paragraphs (1) and (2) of this subsection shall apply separately

with respect to each election, except that all elections held in any

calendar year for the office of President of the Unit ed States (except

a general election for such office) shall be con sidered to be one elec-

tion.

(7) For purposes of this subsection—

(A) contributions to a named candidate made to any

political committee authorized by such candidate to accept

§ 441a

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Federal Election Campaign Laws

§ 441a

contributions on his behalf shall be considered to be con tributions

made to such candidate;

(B) (i) expenditures made by any person in co operation,

consultation, or concert, with, or at the re quest or sugges-

tion of, a candidate, his authorized po litical committees,

or their agents, shall be considered to be a contribution

to such candidate;

(ii)

expenditures made by any person (other than

a candidate or candidate’s authorized committee) in co-

operation, consultation, or concert, with, or at the request

or suggestion of, a national, State, or local committee of

a political party, shall be considered to be contributions

made to such party committee; and

(iii) the financing by any person of the dissemi-

nation, distribution, or republication, in whole or in part,

of any broadcast or any written, graphic, or other form

of campaign materials prepared by the candidate, his

campaign committees, or their author ized agents shall

be considered to be an expenditure for purposes of this

paragraph; and

(i) any person makes, or contracts to make, any dis-

bursement for any electioneering communication (within

the meaning of section 304(f)(3)) (2 U.S.C. § 434(f)(3));

and

(ii) such disbursement is coordinated with a can-

didate or an authorized committee of such candidate, a

Federal, State, or local political party or committee thereof,

or an agent or official of any such candidate, party, or

committee;

such disbursement or contracting shall be treated as a contri-

bution to the candidate supported by the electioneering com-

munication or that candidate’s party and as an expenditure by

that candidate or that candidate’s party; and

(D) contributions made to or for the benefit of any can-

didate nominated by a political party for election to the office

Section 214 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-

155, amended section 441a(a)(7) by redesignating subparagraph (B)(ii) as (B)(iii) and

inserting new subparagraph (ii). Section 202 of BCRA further amended section 441a(a)(7)

by redesignating subparagraph (C) as (D) and inserting new subparagraph (C). These

amendments are effective as of November 6, 2002.

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of Vice President of the United States shall be considered to

be contributions made to or for the benefit of the candidate of

such party for election to the office of President of the United

States.

(8) For purposes of the limitations imposed by this sec tion,

all contributions made by a person, either directly or indi rectly, on

behalf of a particular candidate, including contribu tions which are in

any way earmarked or otherwise directed through an intermediary or

conduit to such candidate, shall be treated as contributions from such

person to such candidate. The intermediary or conduit shall report

the original source and the intended recipient of such contribution

to the Commission and to the intended recipient.

(b) Dollar limits on expenditures by candidates for office of Presi-

dent of the United States.

(1) No candidate for the office of President of the United

States who is eligible under section 9003 of title 26 (relating to

condition for eligibility for payments) or under section 9033 of title

26 (relating to eligibility for payments) to receive payments from the

Secretary of the Treasury may make expenditures in excess of—

(A) $10,000,000 in the case of a campaign for nomi nation

for election to such office, except the aggregate of expenditures

under this subparagraph in any one State shall not exceed the

greater of 16 cents multiplied by the voting age population of

the State (as certified under subsection (e) of this section),

or $200,000; or

(B) $20,000,000 in the case of a campaign for elec tion

to such office.

(2) For purposes of this subsection—

(A) expenditures made by or on behalf of any can didate

nominated by a political party for election to the office of Vice

President of the United States shall be consid ered to be expen-

ditures made by or on behalf of the can didate of such party for

election to the office of President of the United States; and

(B) an expenditure is made on behalf of a candidate,

including a vice presidential candidate, if it is made by —

(i) an authorized committee or any other agent of

the candidate for purposes of making any expendi ture;

(ii) any person authorized or requested by the

candidate, an authorized committee of the candidate, or

an agent of the candidate, to make the expenditure.

§ 441a

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Federal Election Campaign Laws

§ 441a

(1) (A) At the beginning of each calendar year (commenc-

ing in 1976), as there become available necessary data from

the Bu reau of Labor Statistics of the Department of Labor,

the Sec retary of Labor shall certify to the Commission and

publish in the Federal Register the percent difference between

the price index for the 12 months preceding the beginning of

such cal endar year and the price index for the base period.

(B) Except as provided in subparagraph (C), in any

calendar year after 2002—

(i) alimitation established by subsections (a)(1)(A),

(a)(1)(B), (a)(3), (b), (d), or (h) shall be increased by the

percent difference determined under subparagraph (A);

(ii) each amount so increased shall remain in effect

for the calendar year; and

(iii) if any amount after adjustment under clause (i)

is not a multiple of $100, such amount shall be rounded

to the nearest multiple of $100.

(a)(1)(B), (a)(3), and (h), increases shall only be made in odd-

numbered years and such increases shall remain in effect for

the 2-year period beginning on the first day following the date

of the last general election in the year preceding the year in

which the amount is increased and ending on the date of the

next general election.

(2) For purposes of paragraph (1)—

(A) the term “price index” means the average over a

calendar year of the Consumer Price Index (all items—United

States city average) published monthly by the Bu reau of Labor

Statistics; and

(B) the term “base period” means—

(i) for purposes of subsections (b) and (d), calendar

year 1974; and

(ii) for purposes of subsections (a)(1)(A), (a)(1)(B),

(a)(3), and (h), calendar year 2001.

Section 307(d) of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No.

107-155, amended section 441a(c) to index certain contribution limits for inflation. This

amendment is effective for contributions made on or after January 1, 2003.

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(d) Expenditures by national committee, State committee, or subor-

dinate committee of State committee in connection with general election

campaign of candidates for Federal office.

(1) Notwithstanding any other provision of law with re spect

to limitations on expenditures or limitations on contribu tions, the

national committee of a political party and a State committee of a

political party, including any subordinate com mittee of a State com-

mittee, may make expenditures in connec tion with the general election

campaign of candidates for Federal office, subject to the limitations

contained in paragraphs (2), (3) and (4) of this subsection.

(2) The national committee of a political party may not make

any expenditure in connection with the general election campaign

of any candidate for President of the United States who is affiliated

with such party which exceeds an amount equal to 2 cents multiplied

by the voting age population of the United States (as certified under

subsection (e) of this section). Any expenditure under this paragraph

shall be in addition to any expenditure by a national committee of

a political party serving as the principal campaign committee of a

candidate for the office of President of the United States.

(3) The national committee of a political party, or a State

committee of a political party, including any subordinate com mittee

of a State committee, may not make any expenditure in connection

with the general election campaign of a candidate for Federal office

in a State who is affiliated with such party which exceeds—

(A) in the case of a candidate for election to the office

of Senator, or of Representative from a State which is entitled

to only one Representative, the greater of—

(i) 2 cents multiplied by the voting age popu lation

of the State (as certified under subsection (e) of this sec-

tion); or

(ii) $20,000; and

(B) in the case of a candidate for election to the office

of Representative, Delegate, or Resident Commissioner in any

other State, $10,000.

(4) Independent versus coordinated expenditures by party.

(A) In general. On or after the date on which a political

§ 441a

Section 213 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-

155, amended section 441a(d) by making a conforming amendment to subparagraph (1)

and by adding subparagraph (4). This amendment is effective as of November 6, 2002.

In McConnell v. FEC, 124 S. Ct. 619, 700-04 (2003), the Supreme Court ruled that sec-

tion 441a(d)(4) was unconstitutional.

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Federal Election Campaign Laws

party nominates a candidate, no committee of the political party

may make—

(i) any coordinated expenditure under this subsec-

tion with respect to the candidate during the election cycle

at any time after it makes any independent expenditure

(as defined in section 301(17)) (2 U.S.C. § 431(17)) with

respect to the candidate during the election cycle; or

(ii) any independent expenditure (as defined in

section 301(17)) (2 U.S.C. § 431(17)) with respect to the

candidate during the election cycle at any time after it

makes any coordinated expenditure under this subsection

with respect to the candidate during the election cycle.

(B) Application. For purposes of this paragraph, all

political committees established and maintained by a national

political party (including all congressional campaign commit-

tees) and all political committees established and maintained by

a State political party (including any subordinate committee of

a State committee) shall be considered to be a single political

committee.

coordinated expenditures under this subsection with respect to a

candidate shall not, during an election cycle, transfer any funds

to, assign authority to make coordinated expenditures under

this subsection to, or receive a transfer of funds from, a com-

mittee of the political party that has made or intends to make

an independent expenditure with respect to the candidate.

(e) Certification and publication of estimated voting age popu-

lation.

During the first week of January 1975, and every subse quent

year, the Secretary of Commerce shall certify to the Com mission and

publish in the Federal Register an estimate of the voting age population

of the United States, of each State, and of each congressional district as

of the first day of July next pre ceding the date of certification. The term

“voting age popu lation” means resident population, 18 years of age or

older.

(f) Prohibited contributions and expenditures.

No candidate or political committee shall knowingly accept

any contribution or make any expenditure in violation of the provisions of

this section. No officer or employee of a political committee shall know-

ingly accept a contribution made for the benefit or use of a candidate, or

knowingly make any expendi ture on behalf of a candidate, in violation

§ 441a

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of any limitation im posed on contributions and expenditures under this

section.

(g) Attribution of multi-State expenditures to candidate’sexpenditure

limitation in each State.

The Commission shall prescribe rules under which any expen-

diture by a candidate for presidential nominations for use in 2 or more

States shall be attributed to such candidate’s expendi ture limitation in

each such State, based on the voting age popu lation in such State which

can reasonably be expected to be in fluenced by such expenditure.

(h) Senatorial candidates.

Notwithstanding any other provision of this Act, amounts totaling

not more than $35,000

may be contributed to a can didate for nomination

for election, or for election, to the United States Senate during the year

in which an election is held in which he is such a candidate, by the Re-

publican or Democratic Senatorial Campaign Committee, or the national

committee of a political party, or any combination of such committees.

(i) Increased limit to allow response to expenditures from personal

funds.

(1) Increase.

(A) In general. Subject to paragraph (2), if the opposition

personal funds amount with respect to a candidate for election

to the office of Senator exceeds the threshold amount, the limit

under subsection (a)(1)(A) (in this subsection referred to as the

‘applicable limit’) with respect to that candidate shall be the

increased limit.

(B) Threshold amount.

(i) State-by-state competitive and fair campaign

formula. In this subsection, the threshold amount with

respect to an election cycle of a candidate described in

subparagraph (A) is an amount equal to the sum of—

(I) $150,000; and

(II) $0.04 multiplied by the voting age popula-

tion.

§ 441a

Section 304 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-155,

amended section 441a to add paragraph (i). This amendment is effective as of November

6, 2002. It does not apply with respect to runoff elections or recounts of contested elec-

tions resulting from elections held prior to November 6, 2002. See section 402(a)(4) of

BCRA, cited at Note, 2 U.S.C. § 431.

Section 307(c) of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No.

107-155, amended section 441a to modify paragraph (h). This amendment is effective for

contributions made on or after January 1, 2003.

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Federal Election Campaign Laws

§ 441a

(ii) Voting age population. In this subparagraph,

the term ‘voting age population’ means in the case of a

candidate for the office of Senator, the voting age popula-

tion of the State of the candidate (as certified under section

315(e)) (2 U.S.C. § 441a(e)).

for purposes of subparagraph (A), if the opposition personal

funds amount is over—

(i) 2 times the threshold amount, but not over 4

times that amount—

(I) the increased limit shall be 3 times the

applicable limit; and

(II) the limit under subsection (a)(3) shall not

apply with respect to any contribution made with

respect to a candidate if such contribution is made

under the increased limit of subparagraph (A) during

a period in which the candidate may accept such a

contribution;

(ii) 4 times the threshold amount, but not over 10

times that amount—

(I) the increased limit shall be 6 times the

applicable limit; and

(II) the limit under subsection (a)(3) shall not

apply with respect to any contribution made with

respect to a candidate if such contribution is made

under the increased limit of subparagraph (A) during

a period in which the candidate may accept such a

contribution; and

(iii) 10 times the threshold amount—

(I) the increased limit shall be 6 times the

applicable limit;

(II) the limit under subsection (a)(3) shall not

apply with respect to any contribution made with

respect to a candidate if such contribution is made

under the increased limit of subparagraph (A) during

a period in which the candidate may accept such a

contribution; and

(III) the limits under subsection (d) with respect

to any expenditure by a State or national committee

of a political party shall not apply.

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Title 2. The Congress

(D) Opposition personal funds amount. The opposition

personal funds amount is an amount equal to the excess (if any)

of—

(i) the greatest aggregate amount of expenditures

from personal funds (as defined in section 304(a)(6)(B))

(2 U.S.C. § 434(a)(6)(B)) that an opposing candidate in

the same election makes; over

(ii) the aggregate amount of expenditures from

personal funds made by the candidate with respect to the

election.

(E) Special rule for candidate’s campaign funds.

(i) In general. For purposes of determining the

aggregate amount of expenditures from personal funds

under subparagraph (D)(ii), such amount shall include

the gross receipts advantage of the candidate’s authorized

committee.

(ii) Gross receipts advantage. For purposes of

clause (i), the term ‘gross receipts advantage’ means the

excess, if any, of—

(I) the aggregate amount of 50 percent of

gross receipts of a candidate’s authorized committee

during any election cycle (not including contribu-

tions from personal funds of the candidate) that

may be expended in connection with the election,

as determined on June 30 and December 31 of the

year preceding the year in which a general election

is held, over

(II) the aggregate amount of 50 percent of

gross receipts of the opposing candidate’s authorized

committee during any election cycle (not including

contributions from personal funds of the candidate)

that may be expended in connection with the election,

as determined on June 30 and December 31 of the

year preceding the year in which a general election

is held.

§ 441a

Section 316 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-

155, amended section 441a(i)(1) to add subparagraph (E). This amendment is effective

as of November 6, 2002. It does not apply with respect to runoff elections or recounts of

contested elections resulting from elections held prior to November 6, 2002. See section

402(a)(4) of BCRA, cited at Note, 2 U.S.C. § 431.

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Federal Election Campaign Laws

§ 441a

(2) Time to accept contributions under increased limit.

(A) In general. Subject to subparagraph (B), a candidate

and the candidate’s authorized committee shall not accept

any contribution, and a party committee shall not make any

expenditure, under the increased limit under paragraph (1)—

(i) until the candidate has received notification

of the opposition personal funds amount under section

304(a)(6)(B) (2 U.S.C. § 434(a)(6)(B)); and

(ii) to the extent that such contribution, when

added to the aggregate amount of contributions previously

accepted and party expenditures previously made under

the increased limits under this subsection for the election

cycle, exceeds 110 percent of the opposition personal

funds amount.

(B) Effect of withdrawal of an opposing candidate. A

candidate and a candidate’s authorized committee shall not

accept any contribution and a party shall not make any ex-

penditure under the increased limit after the date on which an

opposing candidate ceases to be a candidate to the extent that

the amount of such increased limit is attributable to such an

opposing candidate.

(3) Disposal of excess contributions.

(A) In general. The aggregate amount of contributions

accepted by a candidate or a candidate’s authorized committee

under the increased limit under paragraph (1) and not otherwise

expended in connection with the election with respect to which

such contributions relate shall, not later than 50 days after the

date of such election, be used in the manner described in sub-

paragraph (B).

(B) Return to contributors. A candidate or a candidate’s

authorized committee shall return the excess contribution to the

person who made the contribution.

(j) Limitation on repayment of personal loans.

Any candidate

who incurs personal loans made after the effective date of the Bipartisan

Campaign Reform Act of 2002 in connection with the candidate’s cam-

paign for election shall not repay (directly or indirectly), to the extent

Section 304 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-155,

amended section 441a to add paragraph (j). This amendment is effective as of November

6, 2002. It does not apply with respect to runoff elections or recounts of contested elec-

tions resulting from elections held prior to November 6, 2002. See section 402(a)(4) of

BCRA, cited at Note, 2 U.S.C. § 431.

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Title 2. The Congress

such loans exceed $250,000, such loans from any contributions made to

such candidate or any authorized committee of such candidate after the

date of such election.

§ 441a-1. Modification of certain limits for House candidates in

response to personal fund expenditures of opponents.

(a) Availability of increased limit.

(1) In general. Subject to paragraph (3), if the opposition

personal funds amount with respect to a candidate for election to the

office of Representative in, or Delegate or Resident Commissioner

to, the Congress exceeds $350,000—

(A) the limit under subsection (a)(1)(A) (2 U.S.C.

§ 441a(a)(1)(A)) with respect to the candidate shall be tri-

pled;

(B) the limit under subsection (a)(3) (2 U.

S.C. § 441a(a)(3)) shall not apply with respect to any contri-

bution made with respect to the candidate if the contribution

is made under the increased limit allowed under subparagraph

(A) during a period in which the candidate may accept such a

contribution; and

with respect to any expenditure by a State or national committee

of a political party on behalf of the candidate shall not apply.

(2) Determination of opposition personal funds amount.

(A) In general. The opposition personal funds amount

is an amount equal to the excess (if any) of—

(i) the greatest aggregate amount of expenditures

from personal funds (as defined in subsection (b)(1)) that

an opposing candidate in the same election makes; over

(ii) the aggregate amount of expenditures from

personal funds made by the candidate with respect to the

election.

(B) Special rule for candidate’s campaign funds.

(i) In general. For purposes of determining the

aggregate amount of expenditures from personal funds

under subparagraph (A), such amount shall include the

§ 441a-1

Section 319(a) of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No.

107-155, amended the Act to add new section 441a-1. This amendment is effective as

of November 6, 2002. It does not apply with respect to runoff elections or recounts of

contested elections resulting from elections held prior to November 6, 2002. See section

402(a)(4) of BCRA, cited at Note, 2 U.S.C. § 431.

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Federal Election Campaign Laws

§ 441a-1

gross receipts advantage of the candidate’s authorized

committee.

(ii) Gross receipts advantage. For purposes of

clause (i), the term ‘gross receipts advantage’ means the

excess, if any, of—

(I) the aggregate amount of 50 percent of

gross receipts of a candidate’s authorized committee

during any election cycle (not including contribu-

tions from personal funds of the candidate) that

may be expended in connection with the election,

as determined on June 30 and December 31 of the

year preceding the year in which a general election

is held, over

(II) the aggregate amount of 50 percent of

gross receipts of the opposing candidate’s authorized

committee during any election cycle (not including

contributions from personal funds of the candidate)

that may be expended in connection with the election,

as determined on June 30 and December 31 of the

year preceding the year in which a general election

is held.

(3) Time to accept contributions under increased limit.

(A) In general. Subject to subparagraph (B), a candidate

and the candidate’s authorized committee shall not accept

any contribution, and a party committee shall not make any

expenditure, under the increased limit under paragraph (1)—

(i) until the candidate has received notification of

the opposition personal funds amount under subsection

(b)(1); and

(ii) to the extent that such contribution, when

added to the aggregate amount of contributions previously

accepted and party expenditures previously made under

the increased limits under this subsection for the election

cycle, exceeds 100 percent of the opposition personal

funds amount.

(B) Effect of withdrawal of an opposing candidate. A

candidate and a candidate’s authorized committee shall not

accept any contribution and a party shall not make any ex-

penditure under the increased limit after the date on which an

opposing candidate ceases to be a candidate to the extent that

the amount of such increased limit is attributable to such an

opposing candidate.

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Title 2. The Congress

(4) Disposal of excess contributions.

(A) In general. The aggregate amount of contributions

accepted by a candidate or a candidate’s authorized committee

under the increased limit under paragraph (1) and not otherwise

expended in connection with the election with respect to which

such contributions relate shall, not later than 50 days after the

date of such election, be used in the manner described in sub-

paragraph (B).

(B) Return to contributors. A candidate or a candidate’s

authorized committee shall return the excess contribution to the

person who made the contribution.

(b) Notification of expenditures from personal funds.

(1) In general.

(A) Definition of expenditure from personal funds. In

this paragraph, the term ‘expenditure from personal funds’

means—

(i) an expenditure made by a candidate using

personal funds; and

(ii) a contribution or loan made by a candidate

using personal funds or a loan secured using such funds

to the candidate’s authorized committee.

(B) Declaration of intent. Not later than the date that

is 15 days after the date on which an individual becomes a

candidate for the office of Representative in, or Delegate or

Resident Commissioner to, the Congress, the candidate shall

file a declaration stating the total amount of expenditures

from personal funds that the candidate intends to make, or to

obligate to make, with respect to the election that will exceed

$350,000.

candidate described in subparagraph (B) makes or obligates

to make an aggregate amount of expenditures from personal

funds in excess of $350,000 in connection with any election,

the candidate shall file a notification.

(D) Additional notification. After a candidate files an

initial notification under subparagraph (C), the candidate shall

file an additional notification each time expenditures from per-

sonal funds are made or obligated to be made in an aggregate

amount that exceeds $10,000. Such notification shall be filed

not later than 24 hours after the expenditure is made.

(E) Contents. A notification under subparagraph (C) or

(D) shall include—

§ 441a-1

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Federal Election Campaign Laws

§ 441a-1

(i) the name of the candidate and the office sought

by the candidate;

(ii) the date and amount of each expenditure;

and

(iii) the total amount of expenditures from personal

funds that the candidate has made, or obligated to make,

with respect to an election as of the date of the expenditure

that is the subject of the notification.

(F) Place of filing. Each declaration or notification re-

quired to be filed by a candidate under subparagraph (C), (D),

or (E) shall be filed with—

(i) the Commission; and

(ii) each candidate in the same election and the

national party of each such candidate.

(2) Notification of disposal of excess contributions. In the next

regularly scheduled report after the date of the election for which a

candidate seeks nomination for election to, or election to, Federal

office, the candidate or the candidate’s authorized committee shall

submit to the Commission a report indicating the source and amount

of any excess contributions (as determined under subsection (a) and

the manner in which the candidate or the candidate’s authorized

committee used such funds.

(3) Enforcement. For provisions providing for the enforcement

of the reporting requirements under this subsection, see section 309

(2 U.S.C. § 437g).

§ 441b. Contributions or expenditures by national banks,

corporations, or labor organizations

(a) It is unlawful for any national bank, or any corporation organized

by authority of any law of Congress, to make a contribution or expenditure

in connection with any election to any political office, or in connection

with any primary election or political convention or caucus held to select

candidates for any political office, or for any corporation whatever, or any

labor organization, to make a contribu tion or expenditure in connection

with any election at which presi dential and vice presidential electors or

a Senator or Representative in, or a Delegate or Resident Commissioner

to, Congress are to be voted for, or in connection with any primary elec-

tion or political convention or caucus held to select candidates for any of

the foregoing offices, or for any candidate, political committee, or other

person knowingly to accept or receive any contribution prohibited by this

section, or any officer or any director of any corporation or any na tional

bank or any officer of any labor organization to consent to any contribution

Page 20

Title 2. The Congress

or expenditure by the corporation, national bank, or labor organization,

as the case may be, prohibited by this section.

(b) (1) For the purposes of this section the term “labor orga-

nization” means any organization of any kind, or any agency or

employee representation committee or plan, in which employ ees

participate and which exists for the purpose, in whole or in part, of

dealing with employers concerning grievances, labor dis putes, wages,

rates of pay, hours of employment, or conditions of work.

(2) For purposes of this section and section 79l(h) of title

15,

the term “contribution or expenditure” includes a contribution

or expenditure, as those terms are defined in section 301 (2 U.S.C. §

431), and also includes

any direct or indirect payment, distribution,

loan, advance, deposit, or gift of money, or any services, or anything

of value (except a loan of money by a national or State bank made

in accordance with the applicable banking laws and regulations

and in the ordi nary course of business) to any candidate, campaign

committee, or political party or organization, in connection with any

elec tion to any of the offices referred to in this section or for any

applicable electioneering communication, but shall not include

(A) communications by a corporation to its stock holders

and executive or administrative personnel and their families or

by a labor organization to its members and their families on

any subject;

(B) nonpartisan registration and get-out-the-vote cam-

paigns by a corporation aimed at its stockholders and executive

or administrative personnel and their families, or by a labor

organization aimed at its members and their families; and

§ 441b

15 U.S.C. § 79l(h) provides:

(h) Political contributions forbidden.

It shall be unlawful for any registered holding company, or any subsidiary company

thereof, by use of the mails or any means or instrumentality of interstate commerce, or

otherwise, di rectly or indirectly—

(1) to make any contribution whatsoever in connection with the candidacy, nomination,

elec tion or appointment of any person for or to any office or position in the Government of

the United States, a State, or any political subdivision of a State, or any agency, authority,

or instru mentality of any one or more of the foregoing; or

(2) to make any contribution to or in support of any political party or any committee

or agen cy thereof.

The term “contribution” as used in this subsection includes any gift, subscription, loan,

ad vance, or deposit of money or anything of value, and includes any contract, agreement,

or promise, whether or not legally enforceable, to make a contribution.

Sections 203(a) and 214(d) of the Bipartisan Campaign Reform Act of 2002 (BCRA),

Pub. L. No. 107-155, amended section 441b(b)(2). These amendments are effective as

of November 6, 2002.

Page 21

Federal Election Campaign Laws

§ 441b

of contributions to a separate segregated fund to be utilized

for political purposes by a corporation, labor orga nization,

membership organization, cooperative, or corpora tion without

capital stock.

(3) It shall be unlawful—

(A) for such a fund to make a contribution or expenditure

by utilizing money or anything of value secured by physical

force, job discrimination, financial reprisals, or the threat of

force, job discrimination, or financial reprisal; or by dues,

fees, or other moneys required as a condition of membership

in a labor organization or as a condition of employment, or by

moneys obtained in any commercial transaction;

(B) for any person soliciting an employee for a con-

tribution to such a fund to fail to inform such employee of the

political purposes of such fund at the time of such solicitation;

and

tribution to such a fund to fail to inform such employee at the

time of such solicitation, of his right to refuse to so contribute

without any reprisal.

(4) (A) Except as provided in subparagraphs (B), (C), and

(D), it shall be unlawful—

(i) for a corporation, or a separate segregated fund

established by a corporation, to solicit contribu tions to such

a fund from any person other than its stockholders and

their families and its executive or administrative personnel

and their families, and

(ii) for a labor organization, or a separate seg regated

fund established by a labor organization, to solicit con-

tributions to such a fund from any person other than its

members and their families.

(B) It shall not be unlawful under this section for a

corporation, a labor organization, or a separate segregated fund

established by such corporation or such labor organi zation, to

make 2 written solicitations for contributions dur ing the calendar

year from any stockholder, executiveor administrative personnel,

or employee of a corporation or the families of such persons. A

solicitation under this sub paragraph may be made only by mail

addressed to stock holders, executive or administrative person-

nel, or employ ees at their residence and shall be so designed

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Title 2. The Congress

that the cor poration, labor organization, or separate segregated

fund conducting such solicitation cannot determine who makes

a contribution of $50 or less as a result of such solicitation and

who does not make such a contribution.

ganization, cooperative, or corporation without capital stock,

or a separate segregated fund established by a mem bership

organization, cooperative, or corporation without capital stock,

from soliciting contributions to such a fund from members of

such organization, cooperative, or cor poration without capital

stock.

(D) This paragraph shall not prevent a trade associa tion

or a separate segregated fund established by a trade association

from soliciting contributions from the stock holders and execu-

tive or administrative personnel of the member corporations of