FEDERAL ELECTION

CAMPAIGN LAWS

Compiled by the

FEDERAL ELECTION COMMISSION

FEBRUARY 2019

FEDERAL ELECTION

CAMPAIGN LAWS

Compiled by the

FEDERAL ELECTION COMMISSION
THE FEDERAL ELECTION COMMISSION

WASHINGTON, D.C. 20463

COMMISSIONERS 

ELLEN L. WEINTRAUB, Chair

MATTHEW S. PETERSEN, Vice Chairman

CAROLINE C. HUNTER, Commissioner

STEVEN T. WALTHER, Commissioner

SECOND EDITION, FEBRUARY 2019
iii

PREFACE

The Federal Election Commission (FEC) has prepared this compilation of 

Federal campaign laws as an informative service to the general public. There 

are three major sections of this compilation:

1. FEDERAL ELECTION CAMPAIGN LAWS: The text of the 

“Federal Election Campaign Act (FECA) of 1971,” as amended, the 

“Presidential Election Campaign Fund Act,” as amended, and the 

“Presidential Primary Matching Payment Account Act,” as amended, as 

codified in titles 52 and 26 of the United States Code. (See Amendments in 

1974, 1976, 1977, 1979, 1981, 1983, 1984, 1989, 1990, 1991, 1992, 1993, 

1994, 1995, 1996, 1999, 2000, 2002, 2004, 2005, 2007, 2008, 2013, 2014 and 

2018: Pub. L. No. 93-443, Pub. L. No. 94-283, Pub. L. No. 95-216, Pub. L. 

No. 96-187, Pub. L. No. 97-51, Pub. L. No. 98-63, Pub. L. No. 98-355, Pub. 

L. No. 98-620, Pub. L. No. 100-352, Pub. L. No. 101-194, Pub. L. No. 101-

280, Pub. L. No. 102-90, Pub. L. No. 102-393, Pub. L. No. 103-66, Pub. L. 

No. 103-272, Pub. L. No. 104-79, Pub. L. No. 104-88, Pub. L. No. 104-287, 

Pub. L. No. 106-58, Pub. L. No. 106-346, Pub. L. No. 107-155, Pub. L. No. 

107-252, Pub. L. No. 108-199, Pub. L. No. 108-447, Pub. L. No. 109-115, 

Pub. L. No. 110-5, Pub. L. No. 110-81, Pub. L. No. 110-433, Pub. L. No. 113-

72, Pub. L. No. 113-94, Pub. L. No. 113-235, Pub. L. No. 115-141, Pub. L. 

No. 115-244, and Pub. L. No. 115-386, respectively.)

2. APPENDIX: The text of additional provisions of the United States 

Code, which are not in the FECA but may be relevant to persons involved 

with Federal elections, current through February 2019.

3. INDEX TO TITLES 52 and 26: A special index prepared by the FEC.

This compilation is presented in codified form, with FECA section numbers 

converted to United States Code section numbers, in order to facilitate crossreferences between this pamphlet, the United States Code, and the United 

States Code Annotated.

Readers should be aware that some terms in the law are defined differently in 

different titles. Thus, the meaning of a particular term may not be consistent 

throughout this pamphlet. Note, therefore, the definitions provided in each title 

or section.
Federal Election Campaign L

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Copies of this compilation are available from the Federal Election

Commission, 1050 First Street, N.E., Washington, D.C. 20463.
v

UNITED STATES CODE

EDITORIAL RECLASSIFICATION TABLE

TITLE 52 — VOTING AND ELECTIONS

This table tracks the relocation of federal campaign finance laws from title 

2 to title 52 of the U.S. Code, effective September 1, 2014.

United States Code

Provision of Law Affected Former

Classification

New

Classification

2:431 52:30101 Pub. L. 92-225, title III, § 301, Feb. 7, 1972, 86 

Stat. 11

2:431 note 52:30101 note Pub. L. 107-155, title IV, § 402, Mar. 27, 2002, 

116 Stat. 112

2:431 note 52:30101 note Pub. L. 106-346, § 101(a) [title V, § 502(d)], 

Oct. 23, 2000, 114 Stat. 1356, 1356A-50

2:431 note 52:30101 note Pub. L. 96-187, title III, § 301, Jan. 8, 1980, 93 

Stat. 1368

2:431 note 52:30101 note Pub. L. 93-443, title IV, § 410, Oct. 15, 1974, 

88 Stat. 1304

2:431 note 52:30101 note Pub. L. 92-225, title IV, § 408, formerly § 406, 

Feb. 7, 1972, 86 Stat. 20

2:431 note 52:30101 note Pub. L. 107-155, § 1(a), Mar. 27, 2002, 116 

Stat. 81

2:431 note 52:30101 note Pub. L. 96-187, Jan. 8, 1980, 93 Stat. 1339

2:431 note 52:30101 note Pub. L. 94-283, § 1, May 11, 1976, 90 Stat. 475

2:431 note 52:30101 note Pub. L. 93-443, Oct. 15, 1974, 88 Stat. 1263

2:431 note 52:30101 note Pub. L. 92-225, Feb. 7, 1972, 86 Stat. 3

2:431 note 52:30101 note Pub. L. 96-187, title III, § 303, Jan. 8, 1980, 93 

Stat. 1368

2:431 note 52:30101 note Pub. L. 107-155, title III, § 310, Mar. 27, 2002, 

116 Stat. 104

2:431 note 52:30101 note Pub. L. 96-187, title III, § 302, Jan. 8, 1980, 93 

Stat. 1368

2:432 52:30102 Pub. L. 92-225, title III, § 302, Feb. 7, 1972, 86 

Stat. 12
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United States Code

Provision of Law Affected Former

Classification

New

Classification

2:432 note 52:30102 note Pub. L. 104-79, § 1(c), Dec. 28, 1995, 109 Stat. 

791

2:432 note 52:30102 note Pub. L. 104-79, § 3(d), Dec. 28, 1995, 109 Stat. 

793

2:433 52:30103 Pub. L. 92-225, title III, § 303, Feb. 7, 1972, 86 

Stat. 14

2:434 52:30104 Pub. L. 92-225, title III, § 304, Feb. 7, 1972, 86 

Stat. 14

2:434 note 52:30104 note Pub. L. 110-81, title II, § 204(b), Sept. 14, 

2007, 121 Stat. 746

2:434 note 52:30104 note Pub. L. 110-81, title II, § 215, Sept. 14, 2007, 

121 Stat. 751

2:434 note 52:30104 note Pub. L. 106-58, title VI, § 639(b), Sept. 29, 

1999, 113 Stat. 476

2:434 note 52:30104 note Pub. L. 106-58, title VI, § 641(b), Sept. 29, 

1999, 113 Stat. 477

2:434 note 52:30104 note Pub. L. 107-155, title II, § 201(b), Mar. 27, 

2002, 116 Stat. 90

2:434 note 52:30104 note Pub. L. 93-443, title II, § 204(e), Oct. 15, 1974, 

88 Stat. 1278

2:437 52:30105 Pub. L. 92-225, title III, § 305, formerly § 307, 

Feb. 7, 1972, 86 Stat. 16

2:437c 52:30106

Pub. L. 92-225, title III, § 306, formerly § 310, 

as added Pub. L. 93-443, title II, § 208(a), Oct. 

15, 1974, 88 Stat. 1280

2:437c note 52:30106 note Pub. L. 105-61, title V, § 512(b), Oct. 10, 1997, 

111 Stat. 1305

2:437c note 52:30106 note Pub. L. 94-283, title I, § 101(e)-(g), May 11, 

1976, 90 Stat. 476, 477

2:437c note 52:30106 note Pub. L. 93-443, title II, § 208(b), Oct. 15, 1974, 

88 Stat. 1286

2:437d 52:30107

Pub. L. 92-225, title III, § 307, formerly § 311, 

as added Pub. L. 93-443, title II, § 208(a), Oct. 

15, 1974, 88 Stat. 1282
Title Reclassificatio

vii

United States Code

Provision of Law Affected Former

Classification

New

Classification

2:437f 52:30108

Pub. L. 92-225, title III, § 308, formerly § 313, 

as added Pub. L. 93-443, title II, § 208(a), Oct. 

15, 1974, 88 Stat. 1283

2:437f note 52:30108 note Pub. L. 94-283, title I, § 108(b), May 11, 1976, 

90 Stat. 482

2:437g 52:30109

Pub. L. 92-225, title III, § 309, formerly § 314, 

as added Pub. L. 93-443, title II, § 208(a), Oct. 

15, 1974, 88 Stat. 1284

2:437g note 52:30109 note Pub. L. 113-72, § 3, Dec. 26, 2013, 127 Stat. 

1211

2:437g note 52:30109 note Pub. L. 110-433, § 1(c), Oct. 16, 2008, 122 Stat. 

4971

2:437g note 52:30109 note Pub. L. 107-155, title III, § 312(b), Mar. 27, 

2002, 116 Stat. 106

2:437g note 52:30109 note Pub. L. 107-155, title III, § 315(c), Mar. 27, 

2002, 116 Stat. 108

2:437g note 52:30109 note Pub. L. 106-58, title VI, § 640(c), Sept. 29, 

1999, 113 Stat. 477

2:437h 52:30110

Pub. L. 92-225, title III, § 310, formerly § 315, 

as added Pub. L. 93-443, title II, § 208(a), Oct. 

15, 1974, 88 Stat. 1285

2:437h note 52:30110 note Pub. L. 107-155, title IV, § 403, Mar. 27, 2002, 

116 Stat. 113

2:438 52:30111 Pub. L. 92-225, title III, § 311, formerly § 308, 

Feb. 7, 1972, 86 Stat. 16

2:438a 52:30112 Pub. L. 107-155, title V, § 502, Mar. 27, 2002, 

116 Stat. 115

2:439 52:30113 Pub. L. 92-225, title III, § 312, formerly § 309, 

Feb. 7, 1972, 86 Stat. 18

2:439a 52:30114

Pub. L. 92-225, title III, § 313, as added Pub. 

L. 107-155, title III, § 301, Mar. 27, 2002, 116 

Stat. 95

2:439a note 52:30114 note Pub. L. 110-81, title VI, § 601(b), Sept. 14, 

2007, 121 Stat. 775
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United States Code

Provision of Law Affected Former

Classification

New

Classification

2:439c 52:30115

Pub. L. 92-225, title III, § 314, formerly § 320, 

as added Pub. L. 93-443, title II, § 210, Oct. 

15, 1974, 88 Stat. 1289

2:441a 52:30116

Pub. L. 92-225, title III, § 315, formerly § 320, 

as added Pub. L. 94-283, title I, § 112(2), May 

11, 1976, 90 Stat. 486

2:441a note 52:30116 note Pub. L. 107-155, title III, § 307(e), Mar. 27, 

2002, 116 Stat. 103

2:441a note 52:30116 note Pub. L. 107-155, title II, § 214(c), Mar. 27, 

2002, 116 Stat. 95

2:441a-1 52:30117

Pub. L. 92-225, title III, § 315A, as added Pub. 

L. 107-155, title III, § 319(a), Mar. 27, 2002, 

116 Stat. 109

2:441b 52:30118

Pub. L. 92-225, title III, § 316, formerly § 321, 

as added Pub. L. 94-283, title I, § 112(2), May 

11, 1976, 90 Stat. 490

2:441c 52:30119

Pub. L. 92-225, title III, § 317, formerly § 322, 

as added Pub. L. 94-283, title I, § 112(2), May 

11, 1976, 90 Stat. 492

2:441d 52:30120

Pub. L. 92-225, title III, § 318, formerly § 323, 

as added Pub. L. 94-283, title I, § 112(2), May 

11, 1976, 90 Stat. 493

2:441e 52:30121

Pub. L. 92-225, title III, § 319, formerly § 324, 

as added Pub. L. 94-283, title I, § 112(2), May 

11, 1976, 90 Stat. 493

2:441f 52:30122

Pub. L. 92-225, title III, § 320, formerly § 325, 

as added Pub. L. 94-283, title I, § 112(2), May 

11, 1976, 90 Stat. 494

2:441g 52:30123

Pub. L. 92-225, title III, § 321, formerly § 326, 

as added Pub. L. 94-283, title I, § 112(2), May 

11, 1976, 90 Stat. 494

2:441h 52:30124

Pub. L. 92-225, title III, § 322, formerly § 327, 

as added Pub. L. 94-283, title I, § 112(2), May 

11, 1976, 90 Stat. 494

2:441i 52:30125

Pub. L. 92-225, title III, § 323, as added Pub. 

L. 107-155, title I, § 101(a), Mar. 27, 2002, 116 

Stat. 82
Title Reclassificatio

ix

United States Code

Provision of Law Affected Former

Classification

New

Classification

2:441k 52:30126

Pub. L. 92-225, title III, § 324, as added Pub. 

L. 107-155, title III, § 318, Mar. 27, 2002, 116 

Stat. 109

2:451 52:30141 Pub. L. 92-225, title IV, § 401, Feb. 7, 1972, 86 

Stat. 19

2:452 52:30142 Pub. L. 92-225, title IV, § 402, Feb. 7, 1972, 86 

Stat. 19

2:453 52:30143 Pub. L. 92-225, title IV, § 403, Feb. 7, 1972, 86 

Stat. 20

2:454 52:30144 Pub. L. 92-225, title IV, § 404, Feb. 7, 1972, 86 

Stat. 20

2:454 note 52:30144 note Pub. L. 107-155, title IV, § 401, Mar. 27, 2002, 

116 Stat. 112

2:455 52:30145

Pub. L. 92-225, title IV, § 406, as added Pub. L. 

93-443, title III, § 302, Oct. 15, 1974, 88 Stat. 

1289

2:455 note 52:30145 note Pub. L. 107-155, title III, § 313(b), Mar. 27, 

2002, 116 Stat. 106

2:457 52:30146

Pub. L. 109-289, div. B, title II, § 21078, as 

added Pub. L. 110-5, § 2, Feb. 15, 2007, 121 

Stat. 59
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xi

CONTENTS

United States Code

TITLE 52. VOTING AND ELECTIONS

Subtitle III—Federal Campaign Finance

Chapter 301—Federal Election Campaigns

Subchapter 1—Disclosure of Federal Campaign Funds 

Sec. 30101. Definitions......................................................................................... 1

(1) Election ............................................................................................. 1

(2) Candidate .......................................................................................... 1

(3) Federal office .................................................................................... 1

(4) Political committee ........................................................................... 1

(5) Principal campaign committee .......................................................... 2

(6) Authorized committee....................................................................... 2

(7) Connected organization..................................................................... 2

(8) Contribution ...................................................................................... 2

(9) Expenditure ....................................................................................... 6

(10) Commission ...................................................................................... 8

(11) Person................................................................................................ 8

(12) State .................................................................................................. 8

(13) Identification..................................................................................... 8

(14) National committee ........................................................................... 9

(15) State committee ................................................................................ 9

(16) Political party .................................................................................... 9

(17) Independent expenditure ................................................................... 9

(18) Clearly identified............................................................................... 9

(19) Act .................................................................................................... 9

(20) Federal election activity .................................................................... 9

(21) Generic campaign activity............................................................... 10

(22) Public communication..................................................................... 10

(23) Mass mailing................................................................................... 10

(24) Telephone bank............................................................................... 10

(25) Election cycle.................................................................................. 10

(26) Personal funds................................................................................. 11

Sec. 30102. Organization of political committees............................................... 11

(a) Treasurer: vacancy; official authorizations ..................................... 11

(b) Account of contributions; segregated funds.................................... 12

(c) Recordkeeping ................................................................................ 12

(d) Preservation of records and copies of reports.................................. 12

(e) Principal and additional campaign committees; designations,

status of candidate, authorized committees, etc. .......................... 13
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(f) Filing with and receipt of designations, statements, and

reports by principal campaign committee ................................... 14

(g) Filing with the Commission ............................................................ 14

(h) Campaign depositories; designations, maintenance of

accounts, etc.; petty cash fund for disbursements;

record of disbursements............................................................... 14

(i) Reports and records, compliance with requirements based

on best efforts............................................................................... 15

Sec. 30103. Registration of political committees................................................ 15

(a) Statements of organizations ............................................................ 15

(b) Contents of statements .................................................................... 15

(c) Change of information in statements............................................... 15

(d) Termination, etc., requirements and authorities.............................. 15

Sec. 30104. Reporting requirements................................................................... 16

(a) Receipts and disbursements by treasurers of political

committees; filing requirements................................................... 16

(b) Contents of reports.......................................................................... 23

(c) Statements by other than political committees; filing;

contents; indices of expenditures ................................................. 27

(d) Use of facsimile machines and electronic mail to file

independent expenditure statements............................................. 28

(e) Political committee ......................................................................... 29

(f) Disclosure of electioneering communications................................. 29

(g) Time for reporting certain expenditures.......................................... 33

(h) Reports from Inaugural Committees............................................... 33

(i) Disclosure of bundled contributions................................................ 34

Sec. 30105. Reports on convention financing..................................................... 36

Sec. 30106. Federal Election Commission.......................................................... 37

(a) Establishment; membership; term of office; vacancies;

qualifications; compensation; chairman and vice chairman......... 37

(b) Administration, enforcement, and formulation of policy;

exclusive jurisdiction of civil enforcement; Congressional 

authorities or functions with respect to elections for

Federal office ............................................................................... 38

(c) Voting requirements; delegation of authorities............................... 38

(d) Meetings.......................................................................................... 39

(e) Rules for conduct of activities; judicial notice of seal;

principal office ............................................................................. 39

(f) Staff director and general counsel; appointment and

compensation; appointment and compensation of personnel

and procurement of intermittent services by staff director;
Contents

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use of assistance, personnel, and facilities of Federal 

agencies and departments; counsel for defense of actions ........... 39

Sec. 30107. Powers of the Commission.............................................................. 40

(a) Specific authorities.......................................................................... 40

(b) Judicial orders for compliance with subpoenas and orders 

of Commission; contempt of court............................................... 41

(c) Civil liability for disclosure of information..................................... 41

(d) Concurrent transmissions to Congress or member of budget 

estimates, etc.; prior submission of legislative

recommendations, testimony, or comments on legislation........... 41

(e) Exclusive civil remedy for enforcement.......................................... 41

Sec. 30108. Advisory opinions........................................................................... 41

(a) Requests by persons, candidates, or authorized committees; 

subject matter; time for response ................................................. 41

(b) Procedures applicable to initial proposal of rules or

regulations, and advisory opinions............................................... 42

(c) Persons entitled to rely upon opinions; scope of protection

for good faith reliance .................................................................. 42

(d) Requests made public; submission of written comments 

by interested public ...................................................................... 42

Sec. 30109. Enforcement .................................................................................... 43

(a) Administrative and judicial practice and procedure ........................ 43

(b) Notice to persons not filing required reports prior to

institution of enforcement action; publication of identity

of persons and unfiled reports...................................................... 48

(c) Reports by Attorney General of apparent violations....................... 49

(d) Penalties; defenses; mitigation of offenses...................................... 49

Sec. 30110. Judicial review................................................................................. 50

Sec. 30111. Administrative provisions ............................................................... 51

(a) Duties of Commission..................................................................... 51

(b) Audits and field investigations........................................................ 52

(c) Statutory provisions applicable to forms and informationgathering activities ...................................................................... 52

(d) Rules, regulations, or forms; issuance, procedures applicable, etc.. 52

(e) Scope of protection for good faith reliance upon rules

or regulations ............................................................................... 53

(f) Promulgation of rules, regulations, and forms by Commission

and Internal Revenue Service; report to Congress on

cooperative efforts ....................................................................... 53

Sec. 30112. Maintenance of website of election reports..................................... 54

(a) In general ........................................................................................ 54

(b) Election-related report..................................................................... 54
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(c) Coordination with other agencies.................................................... 54

Sec. 30113. Statements filed with State officers; “appropriate State” 

 defined; duties of State officers; waiver of duplicate filing 

 requirements for States with electronic access.............................. 54

Sec. 30114. Use of contributed amounts for certain purposes ............................ 55

(a) Permitted uses................................................................................. 55

(b) Prohibited use.................................................................................. 56

(c) Restrictions on use of campaign funds for flights on

noncommercial aircraft ................................................................ 56

Sec. 30115. Authorization of appropriations....................................................... 57

Sec. 30116. Limitations on contributions and expenditures................................ 58

(a) Dollar limits on contributions ......................................................... 58

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

President of the United States...................................................... 62

(c) Increases on limits based on increases in price index...................... 63

(d) Expenditures by national committee, State committee, 

or subordinate committee of State committee in 

connection with general election campaign of candidates 

for Federal office.......................................................................... 64

(e) Certification and publication of estimated voting age population ... 66

(f) Prohibited contributions and expenditures...................................... 66

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

expenditure limitation in each State ............................................. 66

(h) Senatorial candidates....................................................................... 66

(i) Increased limit to allow response to expenditures from

personal funds.............................................................................. 66

(j) Limitation on repayments of personal loans.................................... 69

Sec. 30117. Modification of certain limits for House candidates in 

 response to personal fund expenditures of opponent.................... 70

(a) Availability of increased limit......................................................... 70

(b) Notification of expenditures from personal funds........................... 72

Sec. 30118. Contributions or expenditures by national banks, corporations,

 or labor organizations................................................................... 73

(a) In general ........................................................................................ 73

(b) Definitions; particular activities prohibited or allowed ................... 74

(c) Rules relating to electioneering communications............................ 76

Sec. 30119. Contributions by government contractors ....................................... 78

(a) Prohibition....................................................................................... 78

(b) Separate segregated funds............................................................... 78

(c) “Labor organization” defined.......................................................... 79

Sec. 30120. Publication and distribution of statements and solicitations............ 79

(a) Identification of funding and authorizing sources........................... 79
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(b) Charge for newspaper or magazine space ....................................... 79

(c) Specification ................................................................................... 80

(d) Additional requirements.................................................................. 80

Sec. 30121. Contributions and donations by foreign nationals........................... 81

(a) Prohibition....................................................................................... 81

Sec. 30122. Contributions in name of another prohibited................................... 82

Sec. 30123. Limitation on contribution of currency............................................ 82

Sec. 30124. Fraudulent misrepresentation of campaign authority ...................... 82

(a) In general ........................................................................................ 82

(b) Fraudulent solicitation of funds....................................................... 82

Sec. 30125. Soft money of political parties ........................................................ 82

(a) National committees........................................................................ 82

(b) State, district and local committees................................................. 83

(c) Fundraising costs............................................................................. 85

(d) Tax-exempt organizations............................................................... 85

(e) Federal candidates........................................................................... 85

(f) State candidates............................................................................... 87

Sec. 30126. Prohibition of contributions by minors............................................ 87

Subchapter II—General Provisions................................................................................ 87

Sec. 30141. Extension of credit by regulated industries; regulations.................. 87

Sec. 30142. Prohibition against use of certain Federal funds for

 election activities ......................................................................... 87

Sec. 30143. State laws affected........................................................................... 88

(a) In general ........................................................................................ 88

(b) State and local committees of political parties................................ 88

Sec. 30144. Partial invalidity .............................................................................. 88

Sec. 30145. Period of limitations........................................................................ 88

Sec. 30146. Collection and crediting of fees from conferences sponsored

 by Commission ............................................................................ 89

TITLE 26. INTERNAL REVENUE CODE

Chapter 95—Presidential Election Campaign Fund....................................................... 91

Sec. 9001. Short title......................................................................................... 91

Sec. 9002. Definitions....................................................................................... 91

Sec. 9003. Condition for eligibility for payments............................................. 93

(a) In general ........................................................................................ 93

(b) Major parties................................................................................... 94

(c) Minor and new parties..................................................................... 94

(d) Withdrawal by candidate................................................................. 95

(e) Closed captioning requirement........................................................ 95
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Sec. 9004. Entitlement of eligible candidates to payments............................... 95

(a) In general ........................................................................................ 95

(b) Limitations...................................................................................... 96

(c) Restrictions ..................................................................................... 96

(d) Expenditures from personal funds................................................... 97

(e) Definition of immediate family....................................................... 97

Sec. 9005. Certification by Commission........................................................... 97

(a) Initial certifications......................................................................... 97

(b) Finality of certifications and determinations................................... 97

Sec. 9006. Payments to eligible candidates....................................................... 97

(a) Establishment of campaign fund ..................................................... 97

(b) Payments from the fund .................................................................. 98

(c) Insufficient amounts in fund ........................................................... 98

Sec. 9007. Examinations and audits; repayments ............................................. 98

(a) Examinations and audits ................................................................. 98

(b) Repayments..................................................................................... 98

(c) Notification ................................................................................... 100

(d) Deposit of repayments................................................................... 100

Sec. 9008. Payments for presidential nominating conventions....................... 100

(a) Establishment of accounts............................................................. 100

(b) Entitlement to payments from the fund......................................... 100

(c) Use of funds.................................................................................. 101

(d) Limitation of expenditures............................................................ 101

(e) Availability of payments............................................................... 102

(f) Transfer to the fund....................................................................... 102

(g) Certification by Commission ........................................................ 102

(h) Repayments................................................................................... 102

(i) Termination of payments for conventions; Use of amounts 

for pediatric research initiative.................................................. 103

Sec. 9009. Reports to Congress; regulations................................................... 103

(a) Reports.......................................................................................... 103

(b) Regulations, etc............................................................................. 103

(c) Review of regulations ................................................................... 103

Sec. 9010. Participation by Commission in judicial proceedings.................... 104

(a) Appearance by counsel ................................................................. 104

(b) Recovery of certain payments....................................................... 104

(c) Declaratory and injunctive relief................................................... 104

(d) Appeal........................................................................................... 105

Sec. 9011. Judicial review............................................................................... 105

(a) Review of certification, determination, or other action 

by the Commission ................................................................... 105

(b) Suits to implement chapter............................................................ 105
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Sec. 9012. Criminal penalties ......................................................................... 105

(a) Excess expenses............................................................................ 105

(b) Contributions................................................................................. 106

(c) Unlawful use of payments............................................................. 106

(d) False statements, etc...................................................................... 107

(e) Kickbacks and illegal payments.................................................... 107

(f) Unauthorized expenditures and contributions............................... 108

(g) Unauthorized disclosure of information........................................ 108

Sec. 9031. Short title....................................................................................... 109

Sec. 9032. Definitions..................................................................................... 109

Sec. 9033. Eligibility for payments................................................................. 111

(a) Conditions..................................................................................... 111

(b) Expense limitation; declaration of intent; minimum

contributions ............................................................................. 111

(c) Termination of payments .............................................................. 111

Sec. 9034. Entitlement of eligible candidates to payments............................. 113

(a) In general ...................................................................................... 113

(b) Limitations.................................................................................... 113

Sec. 9035. Qualified campaign expense limitations ....................................... 113

(a) Expenditure limitations................................................................. 113

(b) Definition of immediate family..................................................... 113

Sec. 9036. Certification by Commission......................................................... 113

(a) Initial certifications....................................................................... 113

(b) Finality of determinations............................................................. 114

Sec. 9037. Payments to eligible candidates..................................................... 114

(a) Establishment of account .............................................................. 114

(b) Payments from the matching payment account............................. 114

Sec. 9038. Examinations and audits; repayments ........................................... 114

(a) Examinations and audits ............................................................... 114

(b) Repayments................................................................................... 114

(c) Notification ................................................................................... 115

(d) Deposit of repayments................................................................... 115

Sec. 9039. Reports to Congress; regulations................................................... 115

(a) Reports.......................................................................................... 115

(b) Regulations, etc............................................................................. 116

(c) Review of regulations ................................................................... 116

Sec. 9040. Participation by Commission in judicial proceedings.................... 116

(a) Appearance by counsel ................................................................. 116

(b) Recovery of certain payments....................................................... 117

(c) Injunctive relief............................................................................. 117

(d) Appeal........................................................................................... 117

Sec. 9041. Judicial review............................................................................... 117
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xviii

(a) Review of agency action by the Commission ............................... 117

(b) Review procedures........................................................................ 117

Sec. 9042. Criminal penalties ......................................................................... 117

(a) Excess campaign expenses............................................................ 117

(b) Unlawful use of payments............................................................. 117

(c) False statements, etc...................................................................... 118

(d) Kickbacks and illegal payments.................................................... 118

APPENDIX

This appendix includes the text of additional provisions of the United States Code, which 

are not in the FECA, but may be relevant to persons involved with Federal elections; the 

material is current through February 2019.

TITLE 2. THE CONGRESS

Chapter 65—Senate Officers and Administration........................................................ 119

Sec. 6566. Authority to procure technical support and other services

 and incur travel expenses; payment of such expenses................ 119

TITLE 18. CRIMES AND CRIMINAL PROCEDURE

Chapter 29—Elections and Political Activities............................................................ 121

Sec. 594. Intimidation of voters.................................................................... 121

Sec. 595. Interference by administrative employees of Federal, State,

 or Territorial Governments ........................................................ 121

Sec. 597. Expenditures to influence voting................................................... 122

Sec. 598. Coercion by means of relief appropriations................................... 122

Sec. 599. Promise of appointment by candidate............................................ 122

Sec. 600. Promise of employment or other benefit for political activity....... 122

Sec. 601. Deprivation of employment or other benefit for political

 contribution................................................................................ 123

Sec. 602. Solicitation of political contributions............................................ 124

Sec. 603. Making political contributions ...................................................... 124

Sec. 604. Solicitation from persons on relief ................................................ 125

Sec. 605. Disclosure of names of persons on relief....................................... 125

Sec. 606. Intimidation to secure political contributions................................ 125

Sec. 607. Place of solicitation ....................................................................... 125

(a) Prohibition..................................................................................... 125

Sec. 610. Coercion of political activity ......................................................... 126

Sec. 1001. Statements of entries generally...................................................... 126
Contents

xix

Sec. 1505. Obstruction of proceedings before departments, agencies

 and committees .......................................................................... 127

TITLE 26. INTERNAL REVENUE CODE 

(Selected Excerpts)

Sec. 84. Transfer of appreciated property to political organization............. 129

(a) General rule................................................................................... 129

(b) Basis of property ........................................................................... 129

(c) Political organization defined........................................................ 129

Sec. 170. Charitable, etc., contributions and gifts......................................... 129

(c) Charitable contribution defined..................................................... 129

Sec. 271. Debts owed by political parties, etc............................................... 131

(a) General rule................................................................................... 131

(b) Definitions..................................................................................... 131

(c) Exception ...................................................................................... 131

Sec. 276. Certain indirect contributions to political parties........................... 132

(a) Disallowance of deduction............................................................ 132

(b) Definitions..................................................................................... 132

(c) Cross reference.............................................................................. 133

Sec. 501. Exemption from tax on corporations, certain trusts, etc. ............... 133

(a) Exemption from taxation............................................................... 133

(c) List of exempt organizations......................................................... 133

Sec. 527. Political organizations................................................................... 134

(a) General rule................................................................................... 134

(b) Tax imposed.................................................................................. 134

(c) Political organization taxable income defined............................... 134

(d) Certain uses not treated as income to candidate ............................ 135

(e) Other definitions ........................................................................... 135

(f) Exempt organization which is not political organization

must include certain amounts in gross income........................... 137

(g) Treatment of newsletter funds....................................................... 138

(h) Special rule for principal campaign committees ........................... 139

(i) Organizations must notify Secretary that they are

section 527 organizations........................................................... 139

(j) Required disclosure of expenditures and contributions................. 141

(k) Public availability of notices and reports ...................................... 143

(l) Authority to waive ........................................................................ 144

Sec. 2501. Imposition of [gift] tax .................................................................. 144

(a) Taxable transfers........................................................................... 144

Sec. 6012. Persons required to make returns of income.................................. 145

(a) General rule................................................................................... 145
Federal Election Campaign L

xx

Sec. 6033. Returns by exempt organizations .................................................. 145

(a) Organizations required to file........................................................ 145

(e) Special rules relating to lobbying activities................................... 147

(g) Returns required by political organizations................................... 148

Sec. 6096. Designation by individuals [to Presidential Election

 Campaign Fund]......................................................................... 149

(a) In general ..................................................................................... 149

(b) Income tax liability ....................................................................... 149

(c) Manner and time of designation.................................................... 149

Sec. 6104. Publicity of information required from certain exempt

 organizations and certain trusts.................................................. 150

(a) Inspection of applications for tax exemption or notice of status... 150

(b) Inspection of annual information returns ...................................... 151

(d) Public inspection of certain annual returns, reports,

applications for exemption and notices of status ....................... 152

Sec. 6113. Disclosure of nondeductibility of contributions ............................ 154

(a) General rule................................................................................... 154

(b) Organizations to which section applies......................................... 154

(c) Fundraising solicitation................................................................. 155

Sec. 6652. Failure to file certain information returns, registration

 statements, etc............................................................................ 155

(c) Returns by exempt organizations and by certain trusts ................. 155

Sec. 6710. Failure to disclose that contributions are nondeductible................ 158

(a) Imposition of penalty .................................................................... 158

(b) Reasonable cause exception.......................................................... 158

(c) $10,000 limitation not to apply where intentional disregard ......... 158

(d) Day on which failure occurs.......................................................... 158

TITLE 28. JUDICIARY AND JUDICIAL PROCEDURE

Chapter 163—Fines, Penalties and Forfeitures............................................................ 161

Nt. Sec. 2461. Federal Civil Penalties Inflation Adjustment Act of 1990............. 161

Sec. 2462. Time for commencing proceedings............................................... 165

TITLE 36. PATRIOTIC AND NATIONAL OBSERVANCES, 

CEREMONIES AND ORGANIZATIONS

Chapter 5—Presidential Inaugural Ceremonies........................................................... 167

Sec. 510. Disclosure of and prohibition on certain donations....................... 167

(a) In general ...................................................................................... 167

(b) Disclosure ..................................................................................... 167

(c) Limitation...................................................................................... 167
Contents

xxi

Sec. 511. Authorization of appropriations..................................................... 167

(a) Authorization ................................................................................ 167

(b) Payment ........................................................................................ 168

TITLE 47. TELEGRAPHS, TELEPHONES AND RADIOTELEGRAPHS

Chapter 5—Wire or Radio Communication................................................................. 169

Sec. 312. Administrative sanctions............................................................... 169

(a) Revocation of station license or construction permit..................... 169

Sec. 315. Candidates for public office .......................................................... 169

(a) Equal opportunities requirement; censorship prohibition;

allowance of station use; news appearances exception;

public interest; public issues discussion opportunities............... 169

(b) Broadcast media rates. Charges..................................................... 170

(c) Definitions..................................................................................... 171

(d) Rules and regulation...................................................................... 171

(e) Political record .............................................................................. 171

Sec. 317. Announcement of payment for broadcast...................................... 172

(a) Disclosure of person furnishing .................................................... 172

(b) Disclosure to station of payments ................................................. 173

(c) Acquiring information from station employees............................. 173

(d) Waiver of announcement .............................................................. 173

(e) Rules and regulations.................................................................... 173

INDEX

Special Index to Titles 52 and 26................................................................................. 175
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xxii
1

TITLE 52. VOTING AND ELECTIONS 

Chapter 301—Federal Election Campaigns

Subchapter 1—Disclosure of Federal Campaign Funds

§ 30101. Definitions

When used in this Act:

(1) The term “election” means—

(A) a general, special, primary, or runoff election;

(B) a convention or caucus of a political party, which has authority to nominate a candidate;

(C) a primary election held for the selection of delegates to a 

national nominating convention of a political party; and

(D) a primary election held for the expression of a preference 

for the nomination of individuals for election to the office of President.

(2) The term “candidate” means an individual who seeks nomination for election, or election, to Federal office, and for purposes of this 

paragraph, an individual shall be deemed to seek nomination for election, or election—

(A) if such individual has received contributions aggregating

in excess of $5,000 or has made expenditures aggregating in excess of 

$5,000; or

(B) if such individual has given his or her consent to another 

person to receive contributions or make expenditures on behalf of such 

individual and if such person has received such contributions aggregating in excess of $5,000 or has made such expenditures aggregating in 

excess of $5,000.

(3) The term “Federal office” means the office of President or 

Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.

(4) The term “political committee” means—

(A) any committee, club, association, or other group of persons which receives contributions aggregating in excess of $1,000 during a calendar year or which makes expenditures aggregating in excess 

of $1,000 during a calendar year; or

(B) any separate segregated fund established under the provisions of section 30118(b) of this title; or

(C) any local committee of a political party which receives 

contributions aggregating in excess of $5,000 during a calendar year, 

or makes payments exempted from the definition of contribution or ex-
2

Federal Election Campaign L

penditure as defined in paragraphs (8) and (9) of this section aggregating in excess of $5,000 during a calendar year, or makes contributions 

aggregating in excess of $1,000 during a calendar year or makes expenditures aggregating in excess of $1,000 during a calendar year.

(5) The term “principal campaign committee” means a political 

committee designated and authorized by a candidate under section 

30102(e)(1) of this title.

(6) The term “authorized committee” means the principal campaign committee or any other political committee authorized by a candidate under section 30102(e)(1) of this title to receive contributions or 

make expenditures on behalf of such candidate.

(7) The term “connected organization” means any organization 

which is not a political committee but which directly or indirectly establishes, administers, or financially supports a political committee.

(8) (A) The term “contribution” includes—

(i) any gift, subscription, loan, advance, or deposit of 

money or anything of value made by any person for the purpose of influencing any election for Federal office; or

(ii) the payment by any person of compensation for the 

personal services of another person which are rendered to a political committee without charge for any purpose.

(B) The term “contribution” does not include–

(i) the value of services provided without compensation by any individual who volunteers on behalf of a candidate 

or political committee;

(ii) the use of real or personal property, including a 

church or community room used on a regular basis by members 

of a community for noncommercial purposes, and the cost of 

invitations, food, and beverages, voluntarily provided by an individual to any candidate or any political committee of a political party in rendering voluntary personal services on the individual’s residential premises or in the church or community 

room for candidate-related or political party-related activities, 

to the extent that the cumulative value of such invitations, food, 

and beverages provided by such individual on behalf of any 

single candidate does not exceed $1,000 with respect to any 

single election, and on behalf of all political committees of a 

political party does not exceed $2,000 in any calendar year;

(iii) the sale of any food or beverage by a vendor for 

use in any candidate’s campaign or for use by or on behalf of 

any political committee of a political party at a charge less than 

the normal comparable charge, if such charge is at least equal 

§ 30101 
Title 52. Voting and Elect

3

to the cost of such food or beverage to the vendor, to the extent 

that the cumulative value of such activity by such vendor on 

behalf of any single candidate does not exceed $1,000 with respect to any single election, and on behalf of all political committees of a political party does exceed $2000 in any calendar 

year;

(iv) any unreimbursed payment for travel expenses 

made by any individual on behalf of any candidate or any political committee of a political party, to the extent that the cumulative value of such activity by such individual on behalf of 

any single candidate does not exceed $1,000 with respect to 

any single election, and on behalf of all political committees of 

a political party does not exceed $2,000 in any calendar year;

(v) the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or 

other distribution incurred by such committee with respect to a 

printed slate card or sample ballot, or other printed listing, of 3 

or more candidates for any public office for which an election 

is held in the State in which such committee is organized, except that this clause shall not apply to any cost incurred by such 

committee with respect to a display of any such listing made 

on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising;

(vi) any payment made or obligation incurred by a corporation or a labor organization which, under section 30118(b) 

of this title, would not constitute an expenditure by such corporation or labor organization;

(vii) any loan of money by a State bank, a federally 

chartered depository institution, or a depository institution the 

deposits or accounts of which are insured by the Federal Deposit Insurance Corporation . . .1 or the National Credit Union 

Administration, other than any overdraft made with respect to 

a checking or savings account, made in accordance with applicable law and in the ordinary course of business, but such 

loan—

(I) shall be considered a loan by each endorser or 

guarantor, in that proportion of the unpaid balance that 

 1 The omitted language is an obsolete reference to the Federal Savings and Loan Insurance Corporation, 

which in past years provided account or deposit insurance. This corporation was abolished and its functions 

transferred in 1989. See Note at 12 U.S.C. § 1437 for a fuller explanation.

§ 30101
4

Federal Election Campaign L

each endorser or guarantor bears to the total number of endorsers or guarantors;

(II) shall be made on a basis which assures repayment, evidenced by a written instrument, and subject to a 

due date or amortization schedule; and

(III) shall bear the usual and customary interest rate 

of the lending institution;

(viii) any legal or accounting services rendered to or on 

behalf of—

(I) any political committee of a political party if 

the person paying for such services is the regular employer 

of the person rendering such services and if such services

are not attributable to activities which directly further the 

election of any designated candidate to Federal office; or

(II) an authorized committee of a candidate or any 

other political committee, if the person paying for such services is the regular employer of the individual rendering 

such services and if such services are solely for the purpose 

of ensuring compliance with this Act or chapter 95 or chapter 96 of title 26, but amounts paid or incurred by the regular employer reported in accordance with section 

30104(b) of this title by the committee receiving such services;

(ix) the payment by a State or local committee of a political party of the costs of campaign materials (such as pins, 

bumper stickers, handbills, brochures, posters, party tabloids, 

and yard signs) used by such committee in connection with 

volunteer activities on behalf of nominees of such party: Provided, That—

(1) such payments are not for the cost of campaign 

materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or 

similar type of general public communication or political 

advertising;

(2) such payments are made from contributions 

subject to the limitations and prohibitions of this Act; and

(3) such payments are not made from contributions 

designated to be spent on behalf of a particular candidate 

or particular candidates;

(x) the payment by a candidate, for nomination or 

election to any public office (including State or local office), 

§ 30101 
Title 52. Voting and Elect

5

or authorized committee of a candidate, of the costs of campaign materials which include information on or reference to 

any other candidate and which are used in connection with volunteer activities (including pins, bumper stickers, handbills, 

brochures, posters, and yard signs, but not including the use of 

broadcasting, newspapers, magazines, billboards, direct mail, 

or similar types of general public communication or political 

advertising): Provided, That such payments are made from 

contributions subject to the limitations and prohibitions of this 

Act;

(xi) the payment by a State or local committee of a political party of the costs of voter registration and get-out-thevote activities conducted by such committee on behalf of nominees of such party for President and Vice President: Provided,

That—

(1) such payments are not for the costs of campaign 

materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or 

similar type of general public communication or political 

advertising;

(2) such payments are made from contributions 

subject to the limitations and prohibitions of this Act; and

(3) such payments are not made from contributions 

designated to be spent on behalf of a particular candidate 

or candidates;

(xii) payments made by a candidate or the authorized 

committee of a candidate as a condition of ballot access and 

payments received by any political party committee as a condition of ballot access;

(xiii) any honorarium (within the meaning of section 

441i2 of this title); and

(xiv) any loan of money derived from an advance on a 

candidate’s brokerage account, credit card, home equity line of 

credit, or other line of credit available to the candidate, if such 

a loan is made in accordance with applicable law and under 

commercially reasonable terms and if the person making such 

loan makes loans derived from an advance on the candidate’s 

brokerage account, credit card, home equity line of credit, or 

 2 This is an obsolete reference to a section of the law repealed in 1991 and not to any current section of 

Title 52.

§ 30101
6

Federal Election Campaign L

other line of credit in the normal course of the person’s business.

(9) (A) The term “expenditure” includes—

(i) any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made by 

any person for the purpose of influencing any election for Federal office; and

(ii) a written contract, promise, or agreement to make 

an expenditure.

(B) The term “expenditure” does not include—

(i) any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political 

committee, or candidate;

(ii) nonpartisan activity designed to encourage individuals to vote or to register to vote;

(iii) any communication by any membership organization or corporation to its members, stockholders, or executive 

or administrative personnel, if such membership organization 

or corporation is not organized primarily for the purpose of influencing the nomination for election, or election, of any individual to Federal office, except that the costs incurred by a 

membership organization (including a labor organization) or 

by a corporation directly attributable to a communication expressly advocating the election or defeat of a clearly identified 

candidate (other than a communication primarily devoted to 

subjects other than the express advocacy of the election or defeat of a clearly identified candidate), shall, if such costs exceed $2,000 for any election, be reported to the Commission in 

accordance with section 30104(a)(4)(A)(i) of this title, and in 

accordance with section 30104(a)(4)(A)(ii) of this title with respect to any general election;

(iv) the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or 

other distribution incurred by such committee with respect to a 

printed slate card or sample ballot, or other printed listing, of 3 

or more candidates for any public office for which an election 

is held in the State in which such committee is organized, except that this clause shall not apply to costs incurred by such 

committee with respect to a display of any such listing made 

§ 30101 
Title 52. Voting and Elect

7

on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising;

(v) any payment made or obligation incurred by a corporation or a labor organization which, under section 30118(b) 

of this title, would not constitute an expenditure by such corporation or labor organization;

(vi) any costs incurred by an authorized committee or 

candidate in connection with the solicitation of contributions 

on behalf of such candidate, except that this clause shall not 

apply with respect to costs incurred by an authorized committee of a candidate in excess of an amount equal to 20 percent 

of the expenditure limitation applicable to such candidate under section 30116(b), but all such costs shall be reported in accordance with section 30104(b);

(vii) the payment of compensation for legal or accounting services—

(I) rendered to or on behalf of any political committee of a political party if the person paying for such services is the regular employer of the individual rendering 

such services, and if such services are not attributable to 

activities which directly further the election of any designated candidate to Federal office; or

(II) rendered to or on behalf of a candidate or political committee if the person paying for such services is the 

regular employer of the individual rendering such services, 

and if such services are solely for the purpose of ensuring 

compliance with this Act or chapter 95 or chapter 96 of 

title 26, but amounts paid or incurred by the regular employer for such legal or accounting services shall be reported in accordance with section 30104(b) by the committee receiving such services;

(viii) the payment by a State or local committee of a political party of the costs of campaign materials (such as pins, 

bumper stickers, handbills, brochures, posters, party tabloids, 

and yard signs) used by such committee in connection with 

volunteer activities on behalf of nominees of such party: Provided, That—

(1) such payments are not for the costs of campaign materials or activities used in connection with any 

broadcasting, newspaper, magazine, billboard, direct 

§ 30101
8

Federal Election Campaign L

mail, or similar type of general public communication or 

political advertising;

(2) such payments are made from contributions 

subject to the limitations and prohibitions of this Act; and

(3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or particular candidates;

(ix) the payment by a State or local committee of a political party of the costs of voter registration and get-out-thevote activities conducted by such committee on behalf of nominees of such party for President and Vice President: Provided,

That—

(1) such payments are not for the costs of campaign materials or activities used in connection with any 

broadcasting, newspaper, magazine, billboard, direct 

mail, or similar type of general public communication or 

political advertising;

(2) such payments are made from contributions 

subject to the limitations and prohibitions of this Act; and

(3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or candidates; and

(x) payments received by a political party committee 

as a condition of ballot access which are transferred to another 

political party committee or the appropriate State official.

(10) The term “Commission” means the Federal Election Commission.

(11) The term “person” includes an individual, partnership, committee, association, corporation, labor organization, or any other organization 

or group of persons, but such term does not include the Federal Government or any authority of the Federal Government.

(12) The term “State” means a State of the United States, the District 

of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.

(13) The term “identification” means—

(A) in the case of any individual, the name, the mailing address, and the occupation of such individual, as well as the name of his 

or her employer; and

(B) in the case of any other person, the full name and address 

of such person.

§ 30101 
Title 52. Voting and Elect

9

(14) The term “national committee” means the organization which, 

by virtue of the bylaws of a political party, is responsible for the day-today operation of such political party at the national level, as determined 

by the Commission.

(15) The term “State committee” means the organization which, by 

virtue of the bylaws of a political party, is responsible for the day-to-day 

operation of such political party at the State level, as determined by the 

Commission.

(16) The term “political party” means an association, committee, or 

organization which nominates a candidate for election to any Federal office whose name appears on the election ballot as the candidate of such 

association, committee, or organization.

(17) Independent expenditure. The term ‘independent expenditure’

means an expenditure by a person—

(A) expressly advocating the election or defeat of a clearly 

identified candidate; and

(B) that is not made in concert or cooperation with or at the 

request or suggestion of such candidate, the candidate’s authorized political committee, or their agents, or a political party committee or its 

agents.

(18) The term “clearly identified” means that—

(A) the name of the candidate involved appears;

(B) a photograph or drawing of the candidate appears; or

(C) the identity of the candidate is apparent by unambiguous 

reference.

(19) The term “Act” means the Federal Election Campaign Act of 

1971 as amended.

(20) Federal election activity.

(A) In general. The term ‘Federal Election Activity’ means—

(i) voter registration activity during the period that begins on the date that is 120 days before the date a regularly 

scheduled Federal election is held and ends on the date of the 

election;

(ii) voter identification, get-out-the-vote activity, or generic campaign activity conducted in connection with an election in which a candidate for Federal office appears on the ballot 

(regardless of whether a candidate for State or local office also 

appears on the ballot);

(iii) a public communication that refers to a clearly identified candidate for Federal office (regardless of whether a candidate for State or local office is also mentioned or identified) 

§ 30101
10

Federal Election Campaign L

and that promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of 

whether the communication expressly advocates a vote for or 

against a candidate); or

(iv) services provided during any month by an employee 

of a State, district, or local committee of a political party who 

spends more than 25 percent of that individual’s compensated 

time during that month on activities in connection with a Federal 

election.

(B) Excluded activity. The term ‘Federal election activity’ 

does not include an amount expended or disbursed by a State, district, 

or local committee of a political party for—

(i) a public communication that refers solely to a 

clearly identified candidate for State or local office, if the communication is not a Federal election activity described in subparagraph (A)(i) or (ii);

(ii) a contribution to a candidate for State or local office, provided the contribution is not designated to pay for a Federal election activity described in subparagraph (A);

(iii) the costs of a State, district, or local political convention; and

(iv) the costs of grassroots campaign materials, including buttons, bumper stickers, and yard signs, that name or depict 

only a candidate for State or local office.

(21) Generic campaign activity. The term ‘generic campaign activity’ means a campaign activity that promotes a political party and does not 

promote a candidate or non-Federal candidate.

(22) Public communication. The term ‘public communication’ means 

a communication by means of any broadcast, cable, or satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing, 

or telephone bank to the general public, or any other form of general public 

political advertising.

(23) Mass mailing. The term ‘mass mailing’ means a mailing by 

United States mail or facsimile of more than 500 pieces of mail matter of 

an identical or substantially similar nature within any 30-day period.

(24) Telephone bank. The term ‘telephone bank’ means more than 

500 telephone calls of an identical or substantially similar nature within 

any 30-day period.

(25) Election cycle. For purposes of sections 30116(i) and 30117 of 

this title and paragraph (26), the term ‘election cycle’ means the period 

§ 30101 
Title 52. Voting and Elect

11

beginning on the day after the date of the most recent election for the specific office or seat that a candidate is seeking and ending on the date of the 

next election for that office or seat. For purposes of the preceding sentence, 

a primary election and a general election shall be considered to be separate 

elections.

(26) Personal funds. The term ‘personal funds’ means an amount that 

is derived from—

(A) any asset that, under applicable State law, at the time the 

individual became a candidate, the candidate had legal right of access 

to or control over, and with respect to which the candidate had—

(i) legal and rightful title; or

(ii) an equitable interest;

(B) income received during the current election cycle of the 

candidate, including—

(i) a salary and other earned income from bona fide 

employment;

(ii) dividends and proceeds from the sale of the candidate’s stocks or other investments;

(iii) bequests to the candidate;

(iv) income from trusts established before the beginning

of the election cycle;

(v) income from trusts established by bequest after the 

beginning of the election cycle of which the candidate is the beneficiary;

(vi) gifts of a personal nature that had been customarily 

received by the candidate prior to the beginning of the election 

cycle; and

(vii) proceeds from lotteries and similar legal games of 

chance; and

(C) a portion of assets that are jointly owned by the candidate 

and the candidate’s spouse equal to the candidate’s share of the asset 

under the instrument of conveyance or ownership, but if no specific 

share is indicated by an instrument of conveyance or ownership, the 

value of 1/2 of the property.

§ 30102. Organization of political committees

(a) Treasurer: vacancy; official authorizations. Every political 

committee shall have a treasurer. No contribution or expenditure shall be 

accepted or made by or on behalf of a political committee during any period 

in which the office of treasurer is vacant. No expenditure shall be made for 

§ 30101
12

Federal Election Campaign L

or on behalf of a political committee without the authorization of the treasurer or his or her designated agent.

(b) Account of contributions; segregated funds.

(1) Every person who receives a contribution for an authorized political committee shall, no later than 10 days after receiving 

such contribution, forward to the treasurer such contribution, and if the 

amount of the contribution is in excess of $50 the name and address of 

the person making the contribution and the date of receipt.

(2) Every person who receives a contribution for a political 

committee which is not an authorized committee shall—

(A) if the amount of the contribution is $50 or less, forward to the treasurer such contribution no later than 30 days after 

receiving the contribution; and

(B) if the amount of the contribution is in excess of $50, 

forward to the treasurer such contribution, the name and address 

of the person making the contribution, and the date of receipt of 

the contribution, no later than 10 days after receiving the contribution.

(3) All funds of a political committee shall be segregated 

from, and may not be commingled with, the personal funds of any individual.

(c) Recordkeeping. The treasurer of a political committee shall keep 

an account of—

(1) all contributions received by or on behalf of such political 

committee;

(2) the name and address of any person who makes any contribution in excess of $50, together with the date and amount of such 

contribution by any person;

(3) the identification of any person who makes a contribution 

or contributions aggregating more than $200 during a calendar year, 

together with the date and amount of any such contribution;

(4) the identification of any political committee which makes 

a contribution, together with the date and amount of any such contribution; and

(5) the name and address of every person to whom any disbursement is made, the date, amount, and purpose of the disbursement, 

and the name of the candidate and the office sought by the candidate, 

if any, for whom the disbursement was made, including a receipt, invoice, or cancelled check for each disbursement in excess of $200. 

(d) Preservation of records and copies of reports. The treasurer shall 

preserve all records required to be kept by this section and copies of all reports 

§ 30102 
Title 52. Voting and Elect

13

required to be filed by this subchapter for 3 years after the report is filed. For 

any report filed in electronic format under section 30104(a)(11) of this title, 

the treasurer shall retain a machine-readable copy of the report as the copy 

preserved under the preceding sentence.

(e) Principal and additional campaign committees; designations, 

status of candidate, authorized committees, etc.

(1) Each candidate for Federal office (other than the nominee 

for the office of Vice President) shall designate in writing a political 

committee in accordance with paragraph (3) to serve as the principal 

campaign committee of such candidate. Such designation shall be 

made no later than 15 days after becoming a candidate. A candidate 

may designate additional political committees in accordance with paragraph (3) to serve as authorized committees of such candidate. Such 

designation shall be in writing and filed with the principal campaign 

committee of such candidate in accordance with subsection (f)(1) of 

this section.

(2) Any candidate described in paragraph (1) who receives a 

contribution, or any loan for use in connection with the campaign of 

such candidate for election, or makes a disbursement in connection 

with such campaign, shall be considered, for purposes of this Act, as 

having received the contribution or loan, or as having made the disbursement, as the case may be, as an agent of the authorized committee 

or committees of such candidate.

(3) (A) No political committee which supports or has supported more than one candidate may be designated as an authorized committee, except that—

(i) the candidate for the office of President nominated by a political party may designate the national committee of such political party as a principal campaign committee, but only if that national committee maintains separate books of account with respect to its function as a 

principal campaign committee; and

(ii) candidates may designate a political committee established solely for the purpose of joint fundraising by such candidates as an authorized committee.

(B) As used in this section, the term “support” does not 

include a contribution by any authorized committee in amounts 

of $2,000 or less to an authorized committee of any other candidate.

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(4) The name of each authorized committee shall include 

the name of the candidate who authorized such committee under paragraph (1). In the case of any political committee which is not an 

authorized committee, such political committee shall not include the 

name of any candidate in its name.

(5) The name of any separate segregated fund established 

pursuant to section 30118(b) shall include the name of its connected 

organization.

(f) Filing with and receipt of designations, statements, and reports 

by principal campaign committee.

(1) Notwithstanding any other provision of this Act, each 

designation, statement, or report of receipts or disbursements made 

by an authorized committee of a candidate shall be filed with the candidate’s principal campaign committee.

(2) Each principal campaign committee shall receive all designations, statements, and reports required to be filed with it under 

paragraph (1) and shall compile and file such designations, statements, and reports in accordance with this Act.

(g)3 Filing with the Commission.— All designations, statements, 

and reports required to be filed under this Act shall be filed with the Commission.

(h) Campaign depositories; designations, maintenance of accounts, 

etc.; petty cash fund for disbursements; record of disbursements.

(1) Each political committee shall designate one or more State 

banks, federally chartered depository institutions, or depository institutions the deposits or accounts of which are insured by the Federal 

Deposit Insurance Corporation . . .4 or the National Credit Union Administration, as its campaign depository or depositories. Each political 

committee shall maintain at least one checking account and such other 

accounts as the committee determines at a depository designated by 

such committee. All receipts received by such committee shall be deposited in such accounts. No disbursements may be made (other than 

petty cash disbursements under paragraph (2)) by such committee except by check drawn on such accounts in accordance with this section.

(2) A political committee may maintain a petty cash fund for 

disbursements not in excess of $100 to any person in connection with 

 3 The Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019, Pub. L. No. 115-244, Div. B, Title I, § 102, 132 Stat. 2897, 2926 (2018), amended section 

30102(g) to make the FEC the official point of entry for all filings under the Federal Election Campaign 

Act. This amendment took effect September 21, 2018.

4 See footnote 1 above for an explanation of this omission.

§ 30102 
Title 52. Voting and Elect

15

a single purchase or transaction. A record of all petty cash disbursements shall be maintained in accordance with subsection (c)(5) of this 

section.

(i) Reports and records, compliance with requirements based on 

best efforts. When the treasurer of a political committee shows that best efforts have been used to obtain, maintain, and submit the information required 

by this Act for the political committee, any report or any records of such 

committee shall be considered in compliance with this Act or chapter 95 or 

chapter 96 of title 26.

§ 30103. Registration of political committees

(a) Statements of organizations. Each authorized campaign committee shall file a statement of organization no later than 10 days after designation pursuant to section 30102(e)(1). Each separate segregated fund established under the provisions of section 30118(b) shall file a statement of 

organization no later than 10 days after establishment. All other committees 

shall file a statement of organization within 10 days after becoming a political committee within the meaning of section 30101(4).

(b) Contents of statements. The statement of organization of a political committee shall include—

(1) the name, address, and type of committee;

(2) the name, address, relationship, and type of any connected organization or affiliated committee;

(3) the name, address, and position of the custodian of books 

and accounts of the committee;

(4) the name and address of the treasurer of the committee;

(5) if the committee is authorized by a candidate, the name, 

address, office sought, and party affiliation of the candidate; and

(6) a listing of all banks, safety deposit boxes, or other depositories used by the committee.

(c) Change of information in statements. Any change in information previously submitted in a statement of organization shall be reported 

in accordance with section 30102(g) no later than 10 days after the date of 

the change.

(d) Termination, etc., requirements and authorities.

(1) A political committee may terminate only when such a 

committee files a written statement, in accordance with section 

30102(g), that it will no longer receive any contributions or make any 

disbursement and that such committee has no outstanding debts or obligations.

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Federal Election Campaign L

(2) Nothing contained in this subsection may be construed to 

eliminate or limit the authority of the Commission to establish procedures for—

(A) the determination of insolvency with respect to any 

political committee;

(B) the orderly liquidation of an insolvent political committee, and the orderly application of its assets for the reduction 

of outstanding debts; and

(C) the termination of an insolvent political committee 

after such liquidation and application of assets.

§ 30104. Reporting requirements

(a) Receipts and disbursements by treasurers of political committees; filing requirements.

(1) Each treasurer of a political committee shall file reports of 

receipts and disbursements in accordance with the provisions of this 

subsection. The treasurer shall sign each such report.

(2) If the political committee is the principal campaign committee of a candidate for the House of Representatives or for the Senate—

(A) in any calendar year during which there is a regularly scheduled election for which such candidate is seeking 

election, or nomination for election, the treasurer shall file the 

following reports:

(i) a pre-election report, which shall be filed no 

later than the 12th day before (or posted by any of the following: registered mail, certified mail, priority mail having a delivery confirmation or delivered to an overnight 

delivery service with an on-line tracking system, if posted 

or delivered no later than the 15th day before) any election 

in which such candidate is seeking election, or nomination 

for election, and which shall be complete as of the 20th 

day before such election;

(ii) a post-general election report, which shall be 

filed no later than the 30th day after any general election 

in which such candidate has sought election, and which 

shall be complete as of the 20th day after such general 

election; and

(iii) additional quarterly reports, which shall be 

filed no later than the 15th day after the last day of each 

§ 30103 
Title 52. Voting and Elect

17

calendar quarter, and which shall be complete as of the 

last day of each calendar quarter: except that the report for 

the quarter ending December 31 shall be filed no later than 

January 31 of the following calendar year; and

(B) in any other calendar year the treasurer shall file 

quarterly reports, which shall be filed not later than the 15th day 

after the last day of each calendar quarter, and which shall be 

complete as of the last day of each calendar quarter, except that 

the report for the quarter ending December 31 shall be filed not 

later than January 31 of the following calendar year. 

(3) If the committee is the principal campaign committee of a 

candidate for the office of President—

(A) in any calendar year during which a general election is held to fill such office—

(i) the treasurer shall file monthly reports if such 

committee has on January 1 of such year, received contributions aggregating $100,000 or made expenditures aggregating $100,000 or anticipates receiving contributions 

aggregating $100,000 or more or making expenditures aggregating $100,000 or more during such year: such 

monthly reports shall be filed no later than the 20th day 

after the last day of each month and shall be complete as 

of the last day of the month, except that, in lieu of filing 

the report otherwise due in November and December, a 

pre-general election report shall be filed in accordance 

with paragraph (2)(A)(i), a post-general election report 

shall be filed in accordance with paragraph (2)(A)(ii), and 

a year end report shall be filed no later than January 31 of 

the following calendar year;

(ii) the treasurer of the other principal campaign 

committees of a candidate for the office of President shall 

file a pre-election report or reports in accordance with paragraph (2)(A)(i), a post-general election report in accordance with paragraph (2)(A)(ii), and quarterly reports in accordance with paragraph (2)(A)(iii); and

(iii) if at any time during the election year a committee filing under paragraph (3)(A)(ii) receives contributions in excess of $100,000 or makes expenditures in excess of $100,000, the treasurer shall begin filing monthly 

reports under paragraph (3)(A)(i) at the next reporting period; and

§ 30104
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Federal Election Campaign L

(B) in any other calendar year, the treasurer shall file 

either—

(i) monthly reports, which shall be filed no later 

than the 20th day after the last day of each month and shall 

be complete as of the last day of the month; or

(ii) quarterly reports, which shall be filed no later 

than the 15th day after the last day of each calendar quarter 

and which shall be complete as of the last day of each calendar quarter.

(4) All political committees other than authorized committees 

of a candidate shall file either—

(A) (i) quarterly reports, in a calendar year in which 

a regularly scheduled general election is held, which shall 

be filed no later than the 15th day after the last day of each 

calendar quarter: except that the report for the quarter ending on December 31 of such calendar year shall be filed 

no later than January 31 of the following calendar year;

(ii) a pre-election report, which shall be filed no 

later than the 12th day before (or posted by any of the following: registered mail, certified mail, priority mail having a delivery confirmation, or express mail having a delivery confirmation, or delivered to an overnight delivery 

service with an on-line tracking system, if posted or delivered no later than the 15th day before) any election in 

which the committee makes a contribution to or expenditure on behalf of a candidate in such election, and which 

shall be complete as of the 20th day before the election;

(iii) a post-general election report, which shall be 

filed no later than the 30th day after the general election 

and which shall be complete as of the 20th day after such 

general election; and

(iv) in any other calendar year, a report covering 

the period beginning January 1 and ending June 30, which 

shall be filed no later than July 31 and a report covering 

the period beginning July 1 and ending December 31, 

which shall be filed no later than January 31 of the following calendar year; or

(B) monthly reports in all calendar years which shall be 

filed no later than the 20th day after the last day of the month 

and shall be complete as of the last day of the month, except that, 

in lieu of filing the reports otherwise due in November and De-

§ 30104 
Title 52. Voting and Elect

19

cember of any year in which a regularly scheduled general election is held, a pre-general election report shall be filed in accordance with paragraph (2)(A)(i), a post-general election report 

shall be filed in accordance with paragraph (2)(A)(ii), and a 

year-end report shall be filed no later than January 31 of the following calendar year. Notwithstanding the preceding sentence, 

a national committee of a political party shall file the reports required under subparagraph (B).

(5) If a designation, report, or statement filed pursuant to this 

Act (other than under paragraph (2)(A)(i) or (4)(A)(ii) or subsection 

(g)(1)) is sent by registered mail, certified mail, priority mail having a 

delivery confirmation, or express mail having a delivery confirmation, 

the United States postmark shall be considered the date of filing of the 

designation, report, or statement. If a designation, report or statement 

filed pursuant to this Act (other than under paragraph (2)(A)(i) or 

(4)(A)(ii), or subsection (g)(1)) is sent by an overnight delivery service 

with an on-line tracking system, the date on the proof of delivery to 

the delivery service shall be considered the date of filing of the designation, report, or statement.

(6) (A)5 The principal campaign committee of a candidate 

shall notify the Secretary or the Commission, and the Secretary 

of State, as appropriate, in writing, of any contribution of $1,000 

or more received by any authorized committee of such candidate 

after the 20th day, but more than 48 hours before, any election. 

This notification shall be made within 48 hours after the receipt 

of such contribution and shall include the name of the candidate 

and the office sought by the candidate, the identification of the 

contributor, and the date of receipt and amount of the contribution.

(B)6 Notification of expenditure from personal funds.

(i) Definition of expenditure from personal 

funds. In this subparagraph, the term ‘expenditure from 

personal funds’ means—

 5 The Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019, Pub. L. No. 115-244, Div. B, Title I, § 102, 132 Stat. 2897, 2926 (2018), amended 52 

U.S.C. 30102(g) to make the FEC the official point of entry for all filings under the Federal Election Campaign Act. This amendment took effect September 21, 2018.

6

 In Davis v. FEC, 554 U.S. 724 (2008), the Supreme Court ruled that provisions of BCRA known as the 

Millionaires’ Amendment (section 304(b) of BCRA) were unconstitutional. As a result, the Commission has 

stopped enforcing 2 U.S.C. § 434(a)(6)(D), (E) (now 52 U.S.C. § 30104(a)(6)(D), (E)). See 73 Fed. Reg. 

79597 (December 30, 2008) for more information.

§ 30104
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Federal Election Campaign L

(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.

(ii) 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 Senator, 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 the State-by-State competitive and fair 

campaign formula with—

(I) the Commission; and

(II) each candidate in the same election.

(iii) Initial notification. Not later than 24 hours after a candidate described in clause (ii) makes or obligates 

to make an aggregate amount of expenditures from personal funds in excess of 2 times the threshold amount in 

connection with any election, the candidate shall file a notification with—

(I) the Commission; and

(II) each candidate in the same election.

(iv) Additional notification. After a candidate 

files an initial notification under clause (iii), the candidate 

shall file an additional notification each time expenditures 

from personal funds are made or obligated to be made in 

an aggregate amount that exceed $10,000 with—

(I) the Commission; and

(II) each candidate in the same election. 

Such notification shall be filed not later than 24 

hours after the expenditure is made.

(v) Contents. A notification under clause (iii) or

(iv) shall include—

(I) the name of the candidate and the office sought by the candidate;

(II) the date and amount of each expenditure; and

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Title 52. Voting and Elect

21

(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.

(C) 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 paragraph (1) of section 30116(i) of this title) and 

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

committee used such funds.

(D) Enforcement. For provisions providing for the enforcement of the reporting requirements under this paragraph, 

see section 30109 of this title.

(E) The notification required under this paragraph shall 

be in addition to all other reporting requirements under this Act.

(7) The reports required to be filed by this subsection shall be 

cumulative during the calendar year to which they relate, but where 

there has been no change in an item reported in a previous report during such year, only the amount need be carried forward.

(8) The requirement for a political committee to file a quarterly report under paragraph (2)(A)(iii) or paragraph (4)(A)(i) shall be 

waived if such committee is required to file a pre-election report under 

paragraph (2)(A)(i), or paragraph (4)(A)(ii) during the period beginning on the 5th day after the close of the calendar quarter and ending 

on the 15th day after the close of the calendar quarter.

(9) The Commission shall set filing dates for reports to be 

filed by principal campaign committees of candidates seeking election, 

or nomination for election, in special elections and political committees filing under paragraph (4)(A) which make contributions to or expenditures on behalf of a candidate or candidates in special elections. 

The Commission shall require no more than one pre-election report for 

each election and one postelection report for the election which fills 

the vacancy. The Commission may waive any reporting obligation of 

committees required to file for special elections if any report required 

by paragraph (2) or (4) is required to be filed within 10 days of a report 

required under this subsection. The Commission shall establish the reporting dates within 5 days of the setting of such election and shall 

§ 30104
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Federal Election Campaign L

publish such dates and notify the principal campaign committees of all 

candidates in such election of the reporting dates.

(10) The treasurer of a committee supporting a candidate for 

the office of Vice President (other than the nominee of a political 

party) shall file reports in accordance with paragraph (3).

(11) (A) The Commission shall promulgate a regulation under which a person required to file a designation, statement, or 

report under this Act—

(i) is required to maintain and file a designation, 

statement, or report for any calendar year in electronic 

form accessible by computers if the person has, or has reason to expect to have, aggregate contributions or expenditures in excess of a threshold amount determined by the 

Commission; and

(ii) may maintain and file a designation, statement, or report in electronic form or an alternative form if 

not required to do so under the regulation promulgated under clause (i).

(B) The Commission shall make a designation, statement, report, or notification that is filed with the Commission 

under this Act available for inspection by the public in the offices of the Commission and accessible to the public on the Internet not later than 48 hours (or not later than 24 hours in the 

case of a designation, statement, report, or notification filed 

electronically) after receipt by the Commission.

(C) In promulgating a regulation under this paragraph, 

the Commission shall provide methods (other than requiring a 

signature on the document being filed) for verifying designations, statements, and reports covered by the regulation. Any 

document verified under any of the methods shall be treated for 

all purposes (including penalties for perjury) in the same manner 

as a document verified by signature.

(D) As used in this paragraph, the term “report” means, 

with respect to the Commission, a report, designation, or statement required by this Act to be filed with the Commission.

(12) Software for filing of reports.

(A) In general. The Commission shall—

(i) promulgate standards to be used by vendors 

to develop software that—

(I) permits candidates to easily record information concerning receipts and disbursements 

§ 30104 
Title 52. Voting and Elect

23

required to be reported under this Act at the time of 

the receipt or disbursement;

(II) allows the information recorded under 

subclause (I) to be transmitted immediately to the 

Commission; and

(III) allows the Commission to post the information on the Internet immediately upon receipt; 

and

(ii) make a copy of software that meets the standards promulgated under clause (i) available to each person 

required to file a designation, statement, or report in electronic form under this Act.

(B) Additional information. To the extent feasible, the 

Commission shall require vendors to include in the software developed under the standards under subparagraph (A) the ability 

for any person to file any designation, statement, or report required under this Act in electronic form.

(C) Required use. Notwithstanding any provision of this 

Act relating to times for filing reports, each candidate for Federal office (or that candidate’s authorized committee) shall use 

software that meets the standards promulgated under this paragraph once such software is made available to such candidate.

(D) Required posting. The Commission shall, as soon as 

practicable, post on the Internet any information received under 

this paragraph.

(b) Contents of reports. Each report under this section shall disclose—

(1) the amount of cash on hand at the beginning of the reporting period;

(2) for the reporting period and calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal 

office), the total amount of all receipts, and the total amount of all receipts in the following categories:

(A) contributions from persons other than political committees;

(B) for an authorized committee, contributions from the 

candidate;

(C) contributions from political party committees;

(D) contributions from other political committees;

(E) for an authorized committee, transfers from other 

authorized committees of the same candidate;

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Federal Election Campaign L

(F) transfers from affiliated committees and, where the 

reporting committee is a political party committee, transfers 

from other political party committees, regardless of whether 

such committees are affiliated;

(G) for an authorized committee, loans made by or guaranteed by the candidate;

(H) all other loans;

(I) rebates, refunds, and other offsets to operating expenditures;

(J) dividends, interest, and other forms of receipts; 

and

(K) for an authorized committee of a candidate for the

office of President, Federal funds received under chapter 95 and 

chapter 96 of title 26;

(3) the identification of each—

(A) person (other than a political committee) who makes 

a contribution to the reporting committee during the reporting period, whose contribution or contributions have an aggregate 

amount or value in excess of $200 within the calendar year (or 

election cycle, in the case of an authorized committee of a candidate for Federal office), or in any lesser amount if the reporting 

committee should so elect, together with the date and amount of 

any such contribution;

(B) political committee which makes a contribution to 

the reporting committee during the reporting period, together 

with the date and amount of any such contribution;

(C) authorized committee which makes a transfer to the 

reporting committee;

(D) affiliated committee which makes a transfer to the 

reporting committee during the reporting period and, where the 

reporting committee is a political party committee, each transfer 

of funds to the reporting committee from another political party 

committee, regardless of whether such committees are affiliated, 

together with the date and amount of such transfer; 

(E) person who makes a loan to the reporting committee 

during the reporting period, together with the identification of 

any endorser or guarantor of such loan, and date and amount or 

value of such loan;

(F) person who provides a rebate, refund, or other offset 

to operating expenditures to the reporting committee in an aggregate amount or value in excess of $200 within the calendar

§ 30104 
Title 52. Voting and Elect

25

year (or election cycle, in the case of an authorized committee 

of a candidate for Federal office), together with the date and 

amount of such receipt; and

(G) person who provides any dividend, interest, or other 

receipt to the reporting committee in an aggregate value or 

amount in excess of $200 within the calendar year (or election

cycle, in the case of an authorized committee of a candidate for 

Federal office), together with the date and amount of any such 

receipt;

(4) for the reporting period and the calendar year (or election 

cycle, in the case of an authorized committee of a candidate for Federal 

office), the total amount of all disbursements, and all disbursements in 

the following categories:

(A) expenditures made to meet candidate or committee 

operating expenses;

(B) for authorized committees, transfers to other committees authorized by the same candidate;

(C) transfers to affiliated committees and, where the reporting committee is a political party committee, transfers to 

other political party committees, regardless of whether they are 

affiliated;

(D) for an authorized committee, repayment of loans 

made by or guaranteed by the candidate;

(E) repayment of all other loans;

(F) contribution refunds and other offsets to contributions;

(G) for an authorized committee, any other disbursements; 

(H) for any political committee other than an authorized 

committee—

(i) contributions made to other political committees;

(ii) loans made by the reporting committees; 

(iii) independent expenditures;

(iv) expenditures made under section 30116(d) of 

this title; and

(v) any other disbursements; and

(I) for an authorized committee of a candidate for the 

office of President, disbursements not subject to the limitation

of section 30116(b) of this title;

(5) the name and address of each—

§ 30104
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Federal Election Campaign L

(A) person to whom an expenditure in an aggregate 

amount or value in excess of $200 within the calendar year is 

made by the reporting committee to meet a candidate or committee operating expense, together with the date, amount, and 

purpose of such operating expenditure;

(B) authorized committee to which a transfer is made by 

the reporting committee;

(C) affiliated committee to which a transfer is made by 

the reporting committee during the reporting period and, where 

the reporting committee is a political party committee, each 

transfer of funds by the reporting committee to another political 

party committee, regardless of whether such committees are affiliated, together with the date and amount of such transfers;

(D) person who receives a loan repayment from the reporting committee during the reporting period, together with the 

date and amount of such loan repayment; and

(E) person who receives a contribution refund or other 

offset to contributions from the reporting committee where such 

contribution was reported under paragraph (3)(A) of this subsection, together with the date and amount of such disbursement;

(6) (A) for an authorized committee, the name and address 

of each person who has received any disbursement not disclosed 

under paragraph (5) in an aggregate amount or value in excess 

of $200 within the calendar year (or election cycle, in the case 

of an authorized committee of a candidate for Federal office), 

together with the date and amount of any such disbursement; 

(B) for any other political committee, the name and address of each—

(i) political committee which has received a contribution from the reporting committee during the reporting period, together with the date and amount or any such 

contribution;

(ii) person who has received a loan from the reporting committee during the reporting period, together 

with the date and amount of such loan;

(iii) person who receives any disbursement during 

the reporting period in an aggregate amount or value in 

excess of $200 within the calendar year (or election cycle, 

in the case of an authorized committee of a candidate for 

Federal office) in connection with an independent expenditure by the reporting committee, together with the 

§ 30104 
Title 52. Voting and Elect

27

date, amount, and purpose of any such independent expenditure and a statement which indicates whether such

independent expenditure is in support of, or in opposition 

to, a candidate, as well as the name and office sought by 

such candidate, and a certification, under penalty of perjury, whether such independent expenditure is made in cooperation, consultation, or concert, with, or at the request 

or suggestion of, any candidate or any authorized committee or agent of such committee;

(iv) person who receives any expenditure from the 

reporting committee during the reporting period in connection with an expenditure under section 30116(d) of this 

title, together with the date, amount, and purpose of any 

such expenditure as well as the name of, and office sought 

by, the candidate on whose behalf the expenditure is 

made; and

(v) person who has received any disbursement 

not otherwise disclosed in this paragraph or paragraph (5) 

in an aggregate amount or value in excess of $200 within 

the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office) from 

the reporting committee within the reporting period, together with the date, amount, and purpose of any such disbursement;

(7) the total sum of all contributions to such political committee, together with the total contributions less offsets to contributions 

and the total sum of all operating expenditures made by such political 

committee, together with total operating expenditures less offsets to 

operating expenditures, for both the reporting period and the calendar 

year (or election cycle, in the case of an authorized committee of a 

candidate for Federal office); and

(8) the amount and nature of outstanding debts and obligations owed by or to such political committee; and where such debts 

and obligations are settled for less than their reported amount or value, 

a statement as to the circumstances and conditions under which such 

debts or obligations were extinguished and the consideration therefor.

(c) Statements by other than political committees; filing; contents;

indices of expenditures.

(1) Every person (other than a political committee) who 

makes independent expenditures in an aggregate amount or value in 

excess of $250 during a calendar year shall file a statement containing 

§ 30104
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Federal Election Campaign L

the information required under subsection (b)(3)(A) of this section for 

all contributions received by such person.

(2) Statements required to be filed by this subsection shall be 

filed in accordance with subsection (a)(2) of this section, and shall include—

(A) the information required by subsection 

(b)(6)(B)(iii) of this section, indicating whether the independent 

expenditure is in support of, or in opposition to, the candidate 

involved;

(B) under penalty of perjury, a certification whether or 

not such independent expenditure is made in cooperation, consultation, or concert, with, or at the request or suggestion of, any 

candidate or any authorized committee or agent of such candidate; and

(C) the identification of each person who made a contribution in excess of $200 to the person filing such statement 

which was made for the purpose of furthering an independent 

expenditure.

(3) The Commission shall be responsible for expeditiously 

preparing indices which set forth, on a candidate-by-candidate basis, 

all independent expenditures separately, including those reported under subsection (b)(6)(B)(iii) of this section, made by or for each candidate, as reported under this subsection, and for periodically publishing such indices on a timely pre-election basis.

(d) Use of facsimile machines and electronic mail to file independent expenditure statements.

(1) Any person who is required to file a statement under subsection (c) or (g) of this section, except statements required to be filed 

electronically pursuant to subsection (a)(11)(A)(i) may file the statement by facsimile device or electronic mail, in accordance with such 

regulations as the Commission may promulgate.

(2) The Commission shall make a document which is filed 

electronically with the Commission pursuant to this paragraph accessible to the public on the internet not later than 24 hours after the document is received by the Commission.

(3) In promulgating a regulation under this paragraph, the 

Commission shall provide methods (other than requiring a signature 

on the document being filed) for verifying the documents covered by 

the regulation. Any document verified under any of the methods shall 

be treated for all purposes (including penalties for perjury) in the same 

manner as a document verified by signature.

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(e) Political committee.

(1) National and congressional political committees. The national committee of a political party, any national congressional campaign committee of a political party, and any subordinate committee 

of either, shall report all receipts and disbursements during the reporting period.

(2) Other political committees to which section 30125 of this 

title applies.

(A) In general. In addition to any other reporting requirements applicable under this Act, a political committee (not 

described in paragraph (1)) to which section 30125(b)(1) of this 

title applies shall report all receipts and disbursements made for 

activities described in section 30101(20)(A) of this title unless 

the aggregate amount of such receipts and disbursements during 

the calendar year is less than $5,000.

(B) Specific disclosure by state and local parties of certain nonfederal amounts permitted to be spent on federal election activity. Each report by a political committee under subparagraph (A) of receipts and disbursements made for activities described in section 30101(20)(A) of this title shall include a disclosure of all receipts and disbursements described in section

30125(b)(2)(A) and (B) of this title.

(3) Itemization. If a political committee has receipts or disbursements to which this subsection applies from or to any person aggregating in excess of $200 for any calendar year, the political committee shall separately itemize its reporting for such person in the same 

manner as required in paragraphs (3)(A), (5), and (6) of subsection (b).

(4) Reporting periods. Reports required to be filed under this 

subsection shall be filed for the same time periods required for political 

committees under subsection (a)(4)(B).

(f) Disclosure of electioneering communications.

(1) Statement required. Every person who makes a disbursement for the direct costs of producing and airing electioneering communications in an aggregate amount in excess of $10,000 during any 

calendar year shall, within 24 hours of each disclosure date, file with 

the Commission a statement containing the information described in 

paragraph (2).

(2) Contents of statement. Each statement required to be filed 

under this subsection shall be made under penalty of perjury and shall 

contain the following information:

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(A) The identification of the person making the disbursement, of any person sharing or exercising direction or control over the activities of such person, and of the custodian of the 

books and accounts of the person making the disbursement.

(B) The principal place of business of the person making the disbursement, if not an individual.

(C) The amount of each disbursement of more than 

$200 during the period covered by the statement and the identification of the person to whom the disbursement was made.

(D) The elections to which the electioneering communications pertain and the names (if known) of the candidates 

identified or to be identified.

(E) If the disbursements were paid out of a segregated 

bank account which consists of funds contributed solely by individuals who are United States citizens or nationals or lawfully 

admitted for permanent residence (as defined in section

101(a)(20) of the Immigration and Nationality Act (8 U.S.C. §

1101(a)(20))) directly to this account for electioneering communications, the names and addresses of all contributors who contributed an aggregate amount of $1,000 or more to that account 

during the period beginning on the first day of the preceding calendar year and ending on the disclosure date. Nothing in this 

subparagraph is to be construed as a prohibition on the use of 

funds in such a segregated account for a purpose other than electioneering communications.

(F) If the disbursements were paid out of funds not described in subparagraph (E), the names and addresses of all contributors who contributed an aggregate amount of $1,000 or 

more to the person making the disbursement during the period 

beginning on the first day of the preceding calendar year and 

ending on the disclosure date.

(3) Electioneering communication. For purposes of this subsection—

(A) In general.

(i) The term ‘electioneering communication’ 

means any broadcast, cable, or satellite communication 

which—

(I) refers to a clearly identified candidate 

for Federal office;

(II) is made within—

§ 30104 
Title 52. Voting and Elect

31

(aa) 60 days before a general, special, 

or runoff election for the office sought by the 

candidate; or

(bb) 30 days before a primary or preference election, or a convention or caucus of 

a political party that has authority to nominate a candidate, for the office sought by the 

candidate; and

(III) in the case of a communication which

refers to a candidate for an office other than President or Vice President, is targeted to the relevant 

electorate.

(ii) If clause (i) is held to be constitutionally insufficient by final judicial decision to support the regulation provided herein, then the term ‘electioneering communication’ means any broadcast, cable, or satellite communication which promotes or supports a candidate for 

that office, or attacks or opposes a candidate for that office 

(regardless of whether the communication expressly advocates a vote for or against a candidate) and which also 

is suggestive of no plausible meaning other than an exhortation to vote for or against a specific candidate. Nothing 

in this subparagraph shall be construed to affect the interpretation or application of section 100.22(b) of title 11, 

Code of Federal Regulations.

(B) Exceptions. The term ‘electioneering communication’ does not include—

(i) a communication appearing in a news story, 

commentary, or editorial distributed through the facilities 

of any broadcasting station, unless such facilities are 

owned or controlled by any political party, political committee, or candidate;

(ii) a communication which constitutes an expenditure or an independent expenditure under this Act;

(iii) a communication which constitutes a candidate debate or forum conducted pursuant to regulations 

adopted by the Commission, or which solely promotes 

such a debate or forum and is made by or on behalf of the 

person sponsoring the debate or forum; or

(iv) any other communication exempted under 

such regulations as the Commission may promulgate 

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(consistent with the requirements of this paragraph) to ensure the appropriate implementation of this paragraph, except that under any such regulation a communication may 

not be exempted if it meets the requirements of this paragraph and is described in section 30101(20)(A)(iii) of this 

title.

(C) Targeting to relevant electorate. For purposes of 

this paragraph, a communication which refers to a clearly identified candidate for Federal office is ‘targeted to the relevant 

electorate’ if the communication can be received by 50,000 or 

more persons—

(i) in the district the candidate seeks to represent, 

in the case of a candidate for Representative in, or Delegate or Resident Commissioner to, the Congress; or

(ii) in the State the candidate seeks to represent, 

in the case of a candidate for Senator.

(4) Disclosure date. For purposes of this subsection, the term

‘disclosure date’ means—

(A) the first date during any calendar year by which a 

person has made disbursements for the direct costs of producing 

or airing electioneering communications aggregating in excess 

of $10,000; and

(B) any other date during such calendar year by which 

a person has made disbursements for the direct costs of producing or airing electioneering communications aggregating in excess of $10,000 since the most recent disclosure date for such 

calendar year.

(5) Contracts to disburse. For purposes of this subsection, a 

person shall be treated as having made a disbursement if the person 

has executed a contract to make the disbursement.

(6) Coordination with other requirements. Any requirement 

to report under this subsection shall be in addition to any other reporting requirement under this Act.

(7) Coordination with Internal Revenue Code. Nothing in this 

subsection may be construed to establish, modify, or otherwise affect 

the definition of political activities or electioneering activities (including the definition of participating in, intervening in, or influencing or 

attempting to influence a political campaign on behalf of or in opposition to any candidate for public office) for purposes of the Internal 

Revenue Code of 1986.

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33

(g) Time for reporting certain expenditures.

(1) Expenditures aggregating $1,000.

(A) Initial report. A person (including a political committee) that makes or contracts to make independent expenditures aggregating $1,000 or more after the 20th day, but more 

than 24 hours, before the date of an election shall file a report 

describing the expenditures within 24 hours.

(B) Additional reports. After a person files a report under subparagraph (A), the person shall file an additional report 

within 24 hours after each time the person makes or contracts to 

make independent expenditures aggregating an additional

$1,000 with respect to the same election as that to which the initial report relates.

(2) Expenditures aggregating $10,000.

(A) Initial report. A person (including a political committee) that makes or contracts to make independent expenditures aggregating $10,000 or more at any time up to and including the 20th day before the date of an election shall file a report 

describing the expenditures within 48 hours.

(B) Additional reports. After a person files a report under subparagraph (A), the person shall file an additional report 

within 48 hours after each time the person makes or contracts to 

make independent expenditures aggregating an additional$10,000 with respect to the same election as that to which 

the initial report relates.

(3) Place of filing; Contents. A report under this subsection—

(A) shall be filed with the Commission; and

(B) shall contain the information required by subsection 

(b)(6)(B)(iii), including the name of each candidate whom an 

expenditure is intended to support or oppose.

(4) Time of filing for expenditures aggregating $1,000. Notwithstanding subsection (a)(5), the time at which the statement under 

paragraph (1) is received by the Commission or any other recipient to 

whom the notification is required to be sent shall be considered the 

time of filing of the statement with the recipient.

(h) Reports from Inaugural Committees. The Federal Election 

Commission shall make any report filed by an Inaugural Committee under 

section 510 of title 36, United States Code, accessible to the public at the 

offices of the Commission and on the Internet not later than 48 hours after 

the report is received by the Commission.

§ 30104
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(i)7 Disclosure of bundled contributions.

(1) Required disclosure. Each committee described in paragraph (6) shall include in the first report required to be filed under this 

section after each covered period (as defined in paragraph (2)) a separate schedule setting forth the name, address and employer of each person reasonably known by the committee to be a person described in 

paragraph (7) who provided 2 or more bundled contributions to the 

committee in an aggregate amount greater than the applicable threshold (as defined in paragraph (3)) during the covered period, and the 

aggregate amount of the bundled contributions provided by each such 

person during the covered period.

(2) Covered period. In this subsection, a “covered period”

means, with respect to a committee—

(A) the period beginning January 1 and ending June 30 

of each year;

(B) the period beginning July 1 and ending December

31 of each year; and

(C) any reporting period applicable to the committee under this section during which any person described in paragraph 

(7) provided 2 or more bundled contributions to the committee in 

an aggregate amount greater than the applicable threshold. 

(3) Applicable threshold.

(A) In general. In this subsection, the ‘applicable 

threshold’ is $15,000, except that in determining whether the 

amount of bundled contributions provided to a committee by a 

person described in paragraph (7) exceeds the applicable threshold, there shall be excluded any contribution made to the committee by the person or the person’s spouse.

(B) Indexing. In any calendar year after 2007, section

30116(c)(1)(B) of this title shall apply to the amount applicable 

under subparagraph (A) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), 

(a)(1)(B), (a)(3), and (h) of such section, except that for purposes 

of applying such section to the amount applicable under subparagraph (A), the ‘base period’ shall be 2006.

(4) Public availability. The Commission shall ensure that, to 

the greatest extent practicable—

 7 Section 204(a) of the Honest Leadership and Open Government Act of 2007, Pub. L. No. 110-81, 121 

Stat. 735, 744, amended section 30104 by adding subsection (i). This amendment applies to reports filed after 

May 18, 2009. See 74 Fed. Reg. 7285 (February 17, 2009) for more information. 

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35

(A) information required to be disclosed under this subsection is publicly available through the Commission website in 

a manner that is searchable, sortable, and downloadable; and

(B) the Commission’s public database containing information disclosed under this subsection is linked electronically to 

the websites maintained by the Secretary of the Senate and the 

Clerk of the House of Representatives containing information 

filed pursuant to the Lobbying Disclosure Act of 1995. 

(5) Regulations. Not later than 6 months after the date of enactment of the Honest Leadership and Open Government Act of 2007 

[September 14, 2007], the Commission shall promulgate regulations 

to implement this subsection. Under such regulations, the Commission—

(A) may, notwithstanding paragraphs (1) and (2), provide for quarterly filing of the schedule described in paragraph 

(1) by a committee which files reports under this section more 

frequently than on a quarterly basis;

(B) shall provide guidance to committees with respect 

to whether a person is reasonably known by a committee to be a 

person described in paragraph (7), which shall include a requirement that committees consult the websites maintained by the 

Secretary of the Senate and the Clerk of the House of Representatives containing information filed pursuant to the Lobbying 

Disclosure Act of 1995;

(C) may not exempt the activity of a person described 

in paragraph (7) from disclosure under this subsection on the 

grounds that the person is authorized to engage in fundraising 

for the committee or any other similar grounds; and

(D) shall provide for the broadest possible disclosure of 

activities described in this subsection by persons described in 

paragraph (7) that is consistent with this subsection.

(6) Committees described. A committee described in this paragraph is an authorized committee of a candidate, a leadership PAC, 

or a political party committee.

(7) Persons described. A person described in this paragraph 

is any person, who, at the time a contribution is forwarded to a committee as described in paragraph (8)(A)(i) or is received by a committee as described in paragraph (8)(A)(ii), is—

(A) a current registrant under section 4(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. § 1603(a));

§ 30104
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Federal Election Campaign L

(B) an individual who is listed on a current registration 

filed under section 4(b)(6) of such Act (2 U.S.C. § 1603(b) (6)) 

or a current report under section 5(b)(2)(C) of such Act (2 U.S.C. 

§ 1604(b)(2)(C)); or

(C) a political committee established or controlled by 

such a registrant or individual.

(8) Definitions. For purposes of this subsection, the following 

definitions apply:

(A) Bundled contribution. The term “bundled contribution” means, with respect to a committee described in paragraph 

(6) and a person described in paragraph (7), a contribution (subject to the applicable threshold) which is—

(i) forwarded from the contributor or contributors to the committee by the person; or

(ii) received by the committee from a contributor 

or contributors, but credited by the committee or candidate involved (or, in the case of a leadership PAC, by the 

individual referred to in subparagraph (B) involved) to the 

person through records, designations, or other means of 

recognizing that a certain amount of money has been 

raised by the person.

(B) Leadership PAC. The term “leadership PAC” 

means, with respect to a candidate for election to Federal office 

or an Individual holding Federal office, a political committee 

that is directly or indirectly established, financed, maintained or 

controlled by the candidate or the individual but which is not an 

authorized committee of the candidate or individual and which 

is not affiliated with an authorized committee of the candidate 

or individual, except that such term does not include a political

committee of a political party.

§ 30105. Reports on convention financing

Each committee or other organization which—

(1) represents a State, or a political subdivision thereof, or any 

group of persons, in dealing with officials of a national political party with 

respect to matters involving a convention held in such State or political subdivision to nominate a candidate for the office of President or Vice President, or

(2) represents a national political party in making arrangements for 

the convention of such party held to nominate a candidate for the office of 

§ 30104 
Title 52. Voting and Elect

37

President or Vice President, shall, within 60 days following the end of the 

convention (but not later than 20 days prior to the date on which presidential 

and vice-presidential electors are chosen), file with the Commission a full 

and complete financial statement, in such form and detail as it may prescribe, 

of the sources from which it derived its funds, and the purpose for which 

such funds were expended.

§ 30106. Federal Election Commission

(a) Establishment; membership; term of office; vacancies; qualifications; compensation; chairman and vice chairman.

(1) There is established a commission to be known as the Federal Election Commission. The Commission is composed of the Secretary of the Senate and the Clerk of the House of Representatives or 

their designees, ex officio8 and without the right to vote, and 6 members appointed by the President, by and with the advice and consent of 

the Senate. No more than 3 members of the Commission appointed 

under this paragraph may be affiliated with the same political party.

(2) (A) Members of the Commission shall serve for a single 

term of 6 years, except that of the members first appointed—

(i) two of the members, not affiliated with the 

same political party, shall be appointed for terms ending 

on April 30, 1977;

(ii) two of the members, not affiliated with the 

same political party, shall be appointed for terms ending 

on April 30, 1979; and

(iii) two of the members, not affiliated with the 

same political party, shall be appointed for terms ending 

on April 30, 1981.

(B) A member of the Commission may serve on the 

Commission after the expiration of his or her term until his or 

her successor has taken office as a member of the Commission.

(C) An individual appointed to fill a vacancy occurring 

other than by the expiration of a term of office shall be appointed 

only for the unexpired term of the member he or she succeeds.

 8 The U.S. Court of Appeals for the District of Columbia found the ex officio membership of the Secretary 

of the Senate and the Clerk of the House on the Federal Election Commission to be unconstitutional, a holding 

left intact when the Supreme Court subsequently decided that it should not have agreed to hear the Commission’s appeal. FEC v. NRA Political Victory Fund, 6 F.3d 821 (D.C. Cir. 1993), cert. dismissed for want of 

jurisdiction, 513 U.S. 88 (1994). Therefore these ex officio members no longer serve on the Commission.

§ 30105
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Federal Election Campaign L

(D) Any vacancy occurring in the membership of the 

Commission shall be filled in the same manner as in the case of 

the original appointment.

(3) Members shall be chosen on the basis of their experience, 

integrity, impartiality, and good judgment and members (other than 

the Secretary of the Senate and the Clerk of the House of Representatives) shall be individuals who, at the time appointed to the Commission, are not elected or appointed officers or employees in the executive, legislative, or judicial branch of the Federal Government. Such 

members of the Commission shall not engage in any other business, 

vocation, or employment. Any individual who is engaging in any other 

business, vocation, or employment at the time of his or her appointment to the Commission shall terminate or liquidate such activity no 

later than 90 days after such appointment.

(4) Members of the Commission (other than the Secretary of 

the Senate and the Clerk of the House of Representatives) shall receive 

compensation equivalent to the compensation paid at level IV of the 

Executive Schedule (5 U.S.C. § 5315).

(5) The Commission shall elect a chairman and a vice chairman from among its members (other than the Secretary of the Senate 

and the Clerk of the House of Representatives) for a term of one year. 

A member may serve as chairman only once during any term of office 

to which such member is appointed. The chairman and the vice chairman shall not be affiliated with the same political party. The vice 

chairman shall act as chairman in the absence or disability of the chairman or in the event of a vacancy in such office.

(b) Administration, enforcement, and formulation of policy; exclusive jurisdiction of civil enforcement; Congressional authorities or functions 

with respect to elections for Federal office.

(1) The Commission shall administer, seek to obtain compliance with, and formulate policy with respect to, this Act and chapter

95 and chapter 96 of title 26. The Commission shall have exclusive 

jurisdiction with respect to the civil enforcement of such provisions.

(2) Nothing in this Act shall be construed to limit, restrict, or 

diminish any investigatory, informational, oversight, supervisory, or 

disciplinary authority or function of the Congress or any committee of 

the Congress with respect to elections for Federal office.

(c) Voting requirements; delegation of authorities. All decisions of 

the Commission with respect to the exercise of its duties and powers under 

the provisions of this Act shall be made by a majority vote of the members 

of the Commission. A member of the Commission may not delegate to any 

§ 30106 
Title 52. Voting and Elect

39

person his or her vote or any decision making authority or duty vested in the 

Commission by the provisions of this Act, except that the affirmative vote 

of 4 members of the Commission shall be required in order for the Commission to take any action in accordance with paragraph (6), (7), (8), or (9) of 

section 30107(a) of this title or with chapter 95 or chapter 96 of title 26.

(d) Meetings. The Commission shall meet at least once each month 

and also at the call of any member.

(e) Rules for conduct of activities; judicial notice of seal; principal 

office. The Commission shall prepare written rules for the conduct of its activities, shall have an official seal which shall be judicially noticed, and shall 

have its principal office in or near the District of Columbia (but it may meet 

or exercise any of its powers anywhere in the United States).

(f) Staff director and general counsel; appointment and compensation; appointment and compensation of personnel and procurement of intermittent services by staff director; use of assistance, personnel, and facilities 

of Federal agencies and departments; counsel for defense of actions.

(1) The Commission shall have a staff director and a general 

counsel who shall be appointed by the Commission. The staff director 

shall be paid at a rate not to exceed the rate of basic pay in effect for 

level IV of the Executive Schedule (5 U.S.C. § 5315). The general 

counsel shall be paid at a rate not to exceed the rate of basic pay in 

effect for level V of the Executive Schedule (5 U.S.C. § 5316). With 

the approval of the Commission, the staff director may appoint and fix 

the pay of such additional personnel as he or she considers desirable 

without regard to the provisions of title 5, United States Code, governing appointments in the competitive service.

(2) With the approval of the Commission, the staff director 

may procure temporary and intermittent services to the same extent as 

is authorized by section 3109(b) of title 5, United States Code, but at 

rates for individuals not to exceed the daily equivalent of the annual 

rate of basic pay in effect for grade GS–15 of the General Schedule (5 

U.S.C. § 5332).

(3) In carrying out its responsibilities under this Act, the 

Commission shall, to the fullest extent practicable, avail itself of the 

assistance, including personnel and facilities of other agencies and departments of the United States. The heads of such agencies and departments may make available to the Commission such personnel, facilities, and other assistance, with or without reimbursement, as the Commission may request.

§ 30106
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Federal Election Campaign L

(4) Notwithstanding the provisions of paragraph (2), the 

Commission is authorized to appear in and defend against any action 

instituted under this Act, either—

(A) by attorneys employed in its office, or

(B) by counsel whom it may appoint, on a temporary 

basis as may be necessary for such purpose, without regard to 

the provisions of title 5, United States Code, governing appointments in the competitive service, and whose compensation it 

may fix without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title. The compensation of counsel so appointed on a temporary basis shall be paid out of any 

funds otherwise available to pay the compensation of employees 

of the Commission.

§ 30107. Powers of the Commission

(a) Specific authorities. The Commission has the power—

(1) to require by special or general orders, any person to submit, under oath, such written reports and answers to questions as the 

Commission may prescribe;

(2) to administer oaths or affirmations;

(3) to require by subpoena, signed by the chairman or the vice 

chairman, the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties;

(4) in any proceeding or investigation, to order testimony to 

be taken by deposition before any person who is designated by the 

Commission and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the 

same manner as authorized under paragraph (3);

(5) to pay witnesses the same fees and mileage as are paid in 

like circumstances in the courts of the United States;

(6) to initiate (through civil actions for injunctive, declaratory, or other appropriate relief), defend (in the case of any civil action 

brought under section 30109(a)(8) of this title) or appeal any civil action in the name of the Commission to enforce the provisions of this 

Act and chapter 95 and chapter 96 of title 26, through its general counsel;

(7) to render advisory opinions under section 30108 of this title;

(8) to develop such prescribed forms and to make, amend, and 

repeal such rules, pursuant to the provisions of chapter 5 of title 5, 

§ 30106 
Title 52. Voting and Elect

41

United States Code, as are necessary to carry out the provisions of this 

Act and chapter 95 and chapter 96 of title 26; and

(9) to conduct investigations and hearings expeditiously, to 

encourage voluntary compliance, and to report apparent violations to 

the appropriate law enforcement authorities.

(b) Judicial orders for compliance with subpoenas and orders of 

Commission; contempt of court. Upon petition by the Commission, any 

United States district court within the jurisdiction of which any inquiry is 

being carried on may, in case of refusal to obey a subpoena or order of the 

Commission issued under subsection (a) of this section, issue an order requiring compliance. Any failure to obey the order of the court may be punished by the court as a contempt thereof.

(c) Civil liability for disclosure of information. No person shall be 

subject to civil liability to any person (other than the Commission or the

United States) for disclosing information at the request of the Commission.

(d) Concurrent transmissions to Congress or member of budget estimates, etc.; prior submission of legislative recommendations, testimony, or 

comments on legislation

(1) Whenever the Commission submits any budget estimate 

or request to the President or the Office of Management and Budget, 

it shall concurrently transmit a copy of such estimate or request to the 

Congress.

(2) Whenever the Commission submits any legislative recommendation, or testimony, or comments on legislation, requested by the 

Congress or by any Member of the Congress, to the President or the 

Office of Management and Budget, it shall concurrently transmit a 

copy thereof to the Congress or to the Member requesting the same. 

No officer or agency of the United States shall have any authority to 

require the Commission to submit its legislative recommendations, 

testimony, or comments on legislation, to any office or agency of the 

United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress.

(e) Exclusive civil remedy for enforcement. Except as provided in 

section 30109(a)(8) of this title, the power of the Commission to initiate civil 

actions under subsection (a)(6) of this section shall be the exclusive civil 

remedy for the enforcement of the provisions of this Act.

§ 30108. Advisory opinions

(a) Requests by persons, candidates, or authorized committees; subject matter; time for response.

§ 30107
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Federal Election Campaign L

(1) Not later than 60 days after the Commission receives from 

a person a complete written request concerning the application of this 

Act, chapter 95 or chapter 96 of title 26, or a rule or regulation prescribed by the Commission, with respect to a specific transaction or 

activity by the person, the Commission shall render a written advisory 

opinion relating to such transaction or activity to the person.

(2) If an advisory opinion is requested by a candidate, or any 

authorized committee of such candidate, during the 60-day period before any election for Federal office involving the requesting party, the 

Commission shall render a written advisory opinion relating to such 

request no later than 20 days after the Commission receives a complete 

written request.

(b) Procedures applicable to initial proposal of rules or regulations, and advisory opinions. Any rule of law which is not stated in this Act 

or in chapter 95 or chapter 96 of title 26 may be initially proposed by the 

Commission only as a rule or regulation pursuant to procedures established 

in section 30111(d) of this title. No opinion of an advisory nature may be 

issued by the Commission or any of its employees except in accordance with 

the provisions of this section.

(c) Persons entitled to rely upon opinions; scope of protection for 

good faith reliance.

(1) Any advisory opinion rendered by the Commission under 

subsection (a) of this section may be relied upon by—

(A) any person involved in the specific transaction or 

activity with respect to which such advisory opinion is rendered; 

and

(B) any person involved in any specific transaction or 

activity which is indistinguishable in all its material aspects from 

the transaction or activity with respect to which such advisory 

opinion is rendered.

(2) Notwithstanding any other provisions of law, any person 

who relies upon any provision or finding of an advisory opinion in 

accordance with the provisions of paragraph (1) and who acts in good 

faith in accordance with the provisions and findings of such advisory 

opinion shall not, as a result of any such act, be subject to any sanction 

provided by this Act or by chapter 95 or chapter 96 of title 26.

(d) Requests made public; submission of written comments by interested public. The Commission shall make public any requests made under 

subsection (a) of this section for an advisory opinion. Before rendering an 

advisory opinion, the Commission shall accept written comments submitted 

§ 30108 
Title 52. Voting and Elect

43

by any interested party within the 10-day period following the date the request is made public.

§ 30109. Enforcement

(a) Administrative and judicial practice and procedure.

(1) Any person who believes a violation of this Act or of 

chapter 95 or chapter 96 of title 26 has occurred may file a complaint 

with the Commission. Such complaint shall be in writing, signed and 

sworn to by the person filing such complaint, shall be notarized, and 

shall be made under penalty of perjury and subject to the provisions of 

section 1001 of title 18. Within 5 days after receipt of a complaint, the 

Commission shall notify, in writing, any person alleged in the complaint to have committed such a violation. Before the Commission 

conducts any vote on the complaint, other than a vote to dismiss, any 

person so notified shall have the opportunity to demonstrate, in writing, to the Commission within 15 days after notification that no action 

should be taken against such person on the basis of the complaint. The 

Commission may not conduct any investigation or take any other action under this section solely on the basis of a complaint of a person 

whose identity is not disclosed to the Commission.

(2) If the Commission, upon receiving a complaint under paragraph (1) or on the basis of information ascertained in the normal 

course of carrying out its supervisory responsibilities, determines, by 

an affirmative vote of 4 of its members, that it has reason to believe 

that a person has committed, or is about to commit, a violation of this 

Act or chapter 95 or chapter 96 of title 26, the Commission shall, 

through its chairman or vice chairman, notify the person of the alleged 

violation. Such notification shall set forth the factual basis for such 

alleged violation. The Commission shall make an investigation of such 

alleged violation, which may include a field investigation or audit, in 

accordance with the provisions of this section.

(3) The general counsel of the Commission shall notify the 

respondent of any recommendation to the Commission by the general 

counsel to proceed to a vote on probable cause pursuant to paragraph 

(4)(A)(i). With such notification, the general counsel shall include a 

brief stating the position of the general counsel on the legal and factual 

issues of the case. Within 15 days of receipt of such brief, respondent 

may submit a brief stating the position of such respondent on the legal 

and factual issues of the case, and replying to the brief of general counsel. Such briefs shall be filed with the Secretary of the Commission 

§ 30108
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and shall be considered by the Commission before proceeding under 

paragraph (4).

(4) (A) (i) Except as provided in clauses (ii) and subparagraph (C), if the Commission determines, by an affirmative 

vote of 4 of its members, which there is probable cause to believe that any person has committed, or is about to commit, a 

violation of this Act or of chapter 95 or chapter 96 of title 26, 

the Commission shall attempt, for a period of at least 30 days, 

to correct or prevent such violation by informal methods of conference, conciliation, and persuasion, and to enter into a conciliation agreement with any person involved. Such attempt by the 

Commission to correct or prevent such violation may continue 

for a period of not more than 90 days. The Commission may 

not enter into a conciliation agreement under this clause except 

pursuant to an affirmative vote of 4 of its members. A conciliation agreement, unless violated, is a complete bar to any further 

action by the Commission, including the bringing of a civil proceeding under paragraph (6)(A).

(ii) If any determination of the Commission under clause (i) occurs during the 45-day period immediately preceding any election, then the Commission shall 

attempt, for a period of at least 15 days, to correct or prevent the violation involved by the methods specified in 

clause (i).

(B) (i) No action by the Commission or any person, 

and no information derived, in connection with any conciliation attempt by the Commission under subparagraph 

(A) may be made public by the Commission without the 

written consent of the respondent and the Commission.

(ii) If a conciliation agreement is agreed upon by 

the Commission and the respondent, the Commission 

shall make public any conciliation agreement signed by 

both the Commission and the respondent. If the Commission makes a determination that a person has not violated 

this Act or chapter 95 or chapter 96 of title 26, the Commission shall make public such determination.

(C) (i)9 Notwithstanding subparagraph (A), in the 

case of a violation of a qualified disclosure requirement, 

the Commission may—

 9 Section 2, Act of Dec. 26, 2013, Pub. L. No. 113-72, 127 Stat. 1210, amended section 30104(a)(4)(C)(i). 

The amendments took effect December 26, 2013.

§ 30109
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45

(I) find that a person committed such a violation on the basis of information obtained pursuant to the procedures described in paragraphs (1) 

and (2); and

(II) based on such finding, require the person to pay a civil money penalty in an amount determined for violations of each qualified disclosure 

requirement under a schedule of penalties which is 

established and published by the Commission and 

which takes into account the amount of the violation 

involved, the existence of previous violations by the 

person, and such other factors as the Commission 

considers appropriate.

(ii) The Commission may not make any determination adverse to a person under clause (i) until the person 

has been given written notice and an opportunity to be 

heard before the Commission.

(iii) Any person against whom an adverse determination is made under this subparagraph may obtain a 

review of such determination in the district court of the 

United States for the district in which the person resides, 

or transacts business, by filing in such court (prior to the 

expiration of the 30-day period, which begins on the date 

the person receives notification of the determination) a 

written petition requesting that the determination be modified or set aside.

(iv) In this subparagraph, the term ‘qualified disclosure requirement’ means any requirement of—

(I) subsections (a), (c), (e), (f), (g), or (i) 

of section 30104 of this title; or

(II) section 30105 of this title.

(v) This subparagraph shall apply with respect to 

violations that relate to reporting periods that begin on or 

after January 1, 2000, and that end on or before December 

31, 2023.

10

 10 Section 1 of Pub. L. No. 110-433, 122 Stat. 4971 (2008), amended section 30109(a)(4)(C) to add subparagraph (iv). This amendment took effect retroactively with respect to elections taking place after January 1, 

2001. Act of December 26, 2013, Pub. L. No. 113-72, 127 Stat. 1210, sec. 1 and 2, amended subparagraphs 

30109(a)(4)(C)(i), (i)(II), (iv) and (v). These amendments took effect December 26, 2013. Pub. L. No. 115-

386, 132 Stat. 5161 (2018), amended subparagraph 30109(a)(4)(C)(v) to extend the FEC’s administrative 

penalty authority. This amendment took effect December 21, 2018.

§ 30109
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(5)11 (A) If the Commission believes that a violation of this 

Act or of chapter 95 or chapter 96 of title 26 has been committed, a conciliation agreement entered into by the Commission 

under paragraph (4)(A) may include a requirement that the person involved in such conciliation agreement shall pay a civil 

penalty which does not exceed the greater of $5,000 or an 

amount equal to any contribution or expenditure involved in 

such violation.

(B) If the Commission believes that a knowing and 

willful violation of this Act or of chapter 95 or chapter 96 of 

title 26 has been committed, a conciliation agreement entered 

into by the Commission under paragraph (4)(A) may require 

that the person involved in such conciliation agreement shall 

pay a civil penalty which does not exceed the greater of $10,000 

or an amount equal to 200 percent of any contribution or expenditure involved in such violation (or in the case of a violation of section 30122 of this title), which is not less than 300 

percent of the amount involved in the violation and is not more 

than the greater of $50,000 or 1000 percent of the amount involved in the violation).

(C) If the Commission by an affirmative vote of 4 of its 

members, determines that there is probable cause to believe that 

a knowing and willful violation of this Act which is subject to 

subsection (d) of this section, or a knowing and willful violation 

of chapter 95 or chapter 96 of title 26, has occurred or is about 

to occur, it may refer such apparent violation to the Attorney 

General of the United States without regard to any limitations 

set forth in paragraph (4)(A).

(D) In any case in which a person has entered into a conciliation agreement with the Commission under paragraph 

(4)(A), the Commission may institute a civil action for relief 

under paragraph (6)(A) if it believes that the person has violated 

any provision of such conciliation agreement. For the Commission to obtain relief in any civil action, the Commission need 

only establish that the person has violated, in whole or in part, 

any requirement of such conciliation agreement.

 

11 The Debt Collection Improvement Act, adopted in 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1373, 

amended the Federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L No. 101-410, 104 Stat. 890 to 

require the FEC and other executive agencies to adjust the top amount of their current civil penalties. See 11

C.F.R. § 111.24 and amendments thereto for current penalty amounts.

§ 30109 
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47

(6) (A) If the Commission is unable to correct or prevent 

any violation of this Act or of chapter 95 or chapter 96 of title 

26, by the methods specified in paragraph (4), the Commission 

may, upon an affirmative vote of 4 of its members, institute a 

civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order (including an order for a civil penalty which does not exceed the 

greater of $5,000 or an amount equal to any contribution or expenditure involved in such violation) in the district court of the 

United States for the district in which the person against whom 

such action is brought is found, resides, or transacts business.

(B) In any civil action instituted by the Commission under subparagraph (A), the court may grant a permanent or temporary injunction, restraining order, or other order, including a 

civil penalty which does not exceed the greater of $5,000 or an 

amount equal to any contribution or expenditure involved in 

such violation, upon a proper showing that the person involved 

has committed, or is about to commit (if the relief sought is a 

permanent or temporary injunction or a restraining order), a violation of this Act or chapter 95 or chapter 96 of title 26.

(C) In any civil action for relief instituted by the Commission under subparagraph (A), if the court determines that the 

Commission has established that the person involved in such 

civil action has committed a knowing and willful violation of 

this Act or of chapter 95 or chapter 96 of title 26, the court may 

impose a civil penalty which does not exceed the greater of 

$10,000 or an amount equal to 200 percent of any contribution 

or expenditure involved in such violation (or in the case of a violation of section 30122 of this title, which is not less than 300 

percent of the amount involved in the violation and is not more 

than the greater of $50,000 or 1000 percent of the amount involved in the violation.

(7) In any action brought under paragraph (5) or (6), subpoenas for witnesses who are required to attend a United States district 

court may run into any other district.

(8) (A) Any party aggrieved by an order of the Commission 

dismissing a complaint filed by such party under paragraph (1), 

or by a failure of the Commission to act on such complaint during the 120-day period beginning on the date the complaint is 

filed, may file a petition with the United States District Court for 

the District of Columbia.

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Federal Election Campaign L

(B) Any petition under subparagraph (A) shall be filed, 

in the case of a dismissal of a complaint by the Commission, 

within 60 days after the date of the dismissal.

(C) In any proceeding under this paragraph the court 

may declare that the dismissal of the complaint or the failure to 

act is contrary to law, and may direct the Commission to conform with such declaration within 30 days, failing which the 

complainant may bring, in the name of such complainant, a civil 

action to remedy the violation involved in the original complaint.

(9) Any judgment of a district court under this subsection may 

be appealed to the court of appeals, and the judgment of the court of 

appeals affirming or setting aside, in whole or in part, any such order 

of the district court shall be final, subject to review by the Supreme 

Court of the United States upon certiorari or certification as provided 

in section 1254 of title 28.

(10) Repealed.

(11) If the Commission determines after an investigation that 

any person has violated an order of the court entered in a proceeding 

brought under paragraph (6), it may petition the court for an order to 

hold such person in civil contempt, but if it believes the violation to be 

knowing and willful it may petition the court for an order to hold such 

person in criminal contempt.

(12) (A) Any notification or investigation made under this 

section shall not be made public by the Commission or by any 

person without the written consent of the person receiving such 

notification or the person with respect to whom such investigation is made.

(B) Any member or employee of the Commission, or 

any other person, who violates the provisions of subparagraph 

(A) shall be fined not more than $2,000. Any such member, employee, or other person who knowingly and willfully violates the 

provisions of subparagraph (A) shall be fined not more than

$5,000.

(b) Notice to persons not filing required reports prior to institution 

of enforcement action; publication of identity of persons and unfiled reports.

Before taking any action under subsection (a) of this section against any person who has failed to file a report required under section 30104(a)(2)(A)(iii) 

of this title for the calendar quarter immediately preceding the election involved, or in accordance with section 30104(a)(2)(A)(i) of this title, the 

§ 30109 
Title 52. Voting and Elect

49

Commission shall notify the person of such failure to file the required reports. If a satisfactory response is not received within 4 business days after 

the date of notification, the Commission shall, pursuant to section

30111(a)(7) of this title, publish before the election the name of the person 

and the report or reports such person has failed to file.

(c) Reports by Attorney General of apparent violations. Whenever 

the Commission refers an apparent violation to the Attorney General, the 

Attorney General shall report to the Commission any action taken by the 

Attorney General regarding the apparent violation. Each report shall be 

transmitted within 60 days after the date the Commission refers an apparent 

violation, and every 30 days thereafter until the final disposition of the apparent violation.

(d) Penalties; defenses; mitigation of offenses.

(1) (A) Any person who knowingly and willfully commits 

a violation of any provision of this Act which involves the making, receiving, or reporting of any contribution, donation or expenditure—

(i) aggregating $25,000 or more during a calendar year shall be fined under title 18, United States Code, 

or imprisoned for not more than 5 years, or both; or

(ii) aggregating $2,000 or more (but less than

$25,000) during a calendar year shall be fined under such 

title, or imprisoned for not more than one year, or both.

(B) In the case of a knowing and willful violation of section 30118(b)(3) of this title, the penalties set forth in this subsection shall apply to a violation involving an amount aggregating $250 or more during a calendar year. Such violation of section 30118(b)(3) of this title may incorporate a violation of section 30119(b), 30122, or 30123 of this title.

(C) In the case of a knowing and willful violation of section 30124 of this title, the penalties set forth in this subsection 

shall apply without regard to whether the making, receiving, or 

reporting of a contribution or expenditure of $1,000 or more is 

involved.

(D) Any person who knowingly and willfully commits a 

violation of section 30122 of this title involving an amount aggregating more than $10,000 during a calendar year shall be—

(i) imprisoned for not more than 2 years if the 

amount is less than $25,000 (and subject to imprisonment 

under subparagraph (A) if the amount is $25,000 or more);

§ 30109
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Federal Election Campaign L

(ii) fined not less than 300 percent of the amount 

involved in the violation and not more than the greater 

of—

(I) $50,000; or

(II) 1,000 percent of the amount involved 

in the violation; or

(iii) both imprisoned under clause (i) and fined under clause (ii).

(2) In any criminal action brought for a violation of any provision of this Act or of chapter 95 or chapter 96 of this title 26, any defendant may evidence their lack of knowledge or intent to commit the 

alleged violation by introducing as evidence a conciliation agreement 

entered into between the defendant and the Commission under subsection (a)(4)(A) of this section which specifically deals with the act or 

failure to act constituting such violation and which is still in effect.

(3) In any criminal action brought for a violation of any provision of this Act or of chapter 95 or chapter 96 of title 26, the court 

before which such action is brought shall take into account, in weighing the seriousness of the violation and in considering the appropriateness of the penalty to be imposed if the defendant is found guilty, 

whether—

(A) the specific act or failure to act which constitutes the 

violation for which the action was brought is the subject of a 

conciliation agreement entered into between the defendant and 

the Commission under subparagraph (a)(4)(A);

(B) the conciliation agreement is in effect; and

(C) the defendant is, with respect to the violation involved, in compliance with the conciliation agreement.

§ 30110. Judicial review12

The Commission, the national committee of any political party, or any 

individual eligible to vote in any election for the office of President may institute such actions in the appropriate district court of the United States, including actions for declaratory judgment, as may be appropriate to construe 

the constitutionality of any provision of this Act. The district court immediately shall certify all questions of constitutionality of this Act to the United 

 12 Section 403 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-155, 116 Stat. 

113, provided special rules for actions challenging the constitutionality of that Act’s provisions. See Note, 52 

U.S.C. § 30110 for more information.

§ 30109 
Title 52. Voting and Elect

51

States court of appeals for the circuit involved, which shall hear the matter 

sitting en banc.

§ 30111. Administrative provisions

(a) Duties of Commission. The Commission shall—

(1) prescribe forms necessary to implement this Act;

(2) prepare, publish, and furnish to all persons required to file 

reports and statements under this Act a manual recommending uniform 

methods of bookkeeping and reporting;

(3) develop a filing, coding, and cross-indexing system consistent with the purposes of this Act.

(4) within 48 hours after the time of the receipt by the Commission of reports and statements filed with it, make them available for 

public inspection, and copying, at the expense of the person requesting 

such copying, except that any information copied from such reports or 

statements may not be sold or used by any person for the purpose of 

soliciting contributions or for commercial purposes, other than using 

the name and address of any political committee to solicit contributions 

from such committee. A political committee may submit 10 pseudonyms on each report filed in order to protect against the illegal use of 

names and addresses of contributors, provided such committee attaches a list of such pseudonyms to the appropriate report. The Secretary or the Commission shall exclude these lists from the public record;

(5) keep such designations, reports, and statements for a period of 10 years from the date of receipt, except that designations, reports, and statements that relate solely to candidates for the House of 

Representatives shall be kept for 5 years from the date of their receipt;

(6) (A) compile and maintain a cumulative index of designations, reports, and statements filed under this Act, which index 

shall be published at regular intervals and made available for 

purchase directly or by mail;

(B) compile, maintain, and revise a separate cumulative 

index of reports and statements filed by multicandidate committees, including in such index a list of multicandidate committees; 

and

(C) compile and maintain a list of multicandidate committees, which shall be revised and made available monthly;

(7) prepare and publish periodically lists of authorized committees which fail to file reports as required by this Act;

§ 30110
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Federal Election Campaign L

(8) prescribe rules, regulations, and forms to carry out the 

provisions of this Act, in accordance with the provisions of subsection 

(d) of this section; and

(9) transmit to the President and to each House of the Congress no later than June 1 of each year, a report13which states in detail 

the activities of the Commission in carrying out its duties under this 

Act, and any recommendations for any legislative or other action the 

Commission considers appropriate;

(b) Audits and field investigations. The Commission may conduct 

audits and field investigations of any political committee required to file a 

report under section 30104 of this title. All audits and field investigations 

concerning the verification for, and receipt and use of, any payments received 

by a candidate or committee under chapter 95 or chapter 96 of title 26 shall 

be given priority. Prior to conducting any audit under this subsection, the 

Commission shall perform an internal review of reports filed by selected 

committees to determine if the reports filed by a particular committee meet 

the threshold requirements for substantial compliance with the Act. Such 

thresholds for compliance shall be established by the Commission. The Commission may, upon an affirmative vote of 4 of its members, conduct an audit 

and field investigation of any committee which does meet the threshold requirements established by the Commission. Such audit shall be commenced 

within 30 days of such vote, except that any audit of an authorized committee 

of a candidate, under the provisions of this subsection, shall be commenced

within 6 months of the election for which such committee is authorized.

(c) Statutory provisions applicable to forms and information- gathering activities. Any forms prescribed by the Commission under subsection 

(a)(1) of this section, and any information-gathering activities of the Commission under this Act, shall not be subject to the provisions of section 3512 

of title 44.

(d) Rules, regulations, or forms; issuance, procedures applicable,

etc.

(1) Before prescribing any rule, regulation, or form under this 

section or any other provision of this Act, the Commission shall transmit a statement with respect to such rule, regulation, or form to the 

Senate and the House of Representatives, in accordance with this subsection. Such statement shall set forth the proposed rule, regulation, 

or form, and shall contain a detailed explanation and justification of 

it.

 13 Submission of this report to Congress is no longer required. Federal Reports Elimination and Sunset Act 

of 1995, 31 U.S.C. § 1113 note, Pub. L. No. 104-66, § 3003, 109 Stat. 707, 734-35 (incorporating by reference 

H.R. DOC. NO. 103-7 (1993)).

§ 30111
Title 52. Voting and Elect

53

(2) If either House of the Congress does not disapprove by 

resolution any proposed rule or regulation submitted by the Commission under this section within 30 legislative days after the date of the 

receipt of such proposed rule or regulation or within 10 legislative days 

after the date of receipt of such proposed form, the Commission may 

prescribe such rule, regulation, or form.

(3) For purposes of this subsection, the term “legislative day” 

means, with respect to statements transmitted to the Senate, any calendar day on which the Senate is in session, and with respect to statements transmitted to the House of Representatives, any calendar day 

on which the House of Representatives is in session.

(4) For purposes of this subsection, the terms “rule” and “regulation” mean a provision or series of interrelated provisions stating a 

single, separable rule of law.

(5) (A) A motion to discharge a committee of the Senate 

from the consideration of a resolution relating to any such rule, 

regulation, or form or a motion to proceed to the consideration 

of such a resolution, is highly privileged and shall be decided 

without debate.

(B) Whenever a committee of the House of Representatives reports any resolution relating to any such form, rule or 

regulation, it is at any time thereafter in order (even though a 

previous motion to the same effect has been disagreed to) to 

move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to 

the motion is not in order, and is not in order to move to reconsider the vote by which the motion is agreed to or disagreed 

with.

(e) Scope of protection for good faith reliance upon rules or regulations. Notwithstanding any other provision of law, any person who relies 

upon any rule or regulation prescribed by the Commission in accordance 

with the provisions of this section and who acts in good faith in accordance 

with such rule or regulation shall not, as a result of such act, be subject to 

any sanction provided by this Act or by chapter 95 or chapter 96 of Title 26.

(f) Promulgation of rules, regulations, and forms by Commission 

and Internal Revenue Service; report to Congress on cooperative efforts. In 

prescribing such rules, regulations, and forms under this section, the Commission and the Internal Revenue Service shall consult and work together to 

promulgate rules, regulations, and forms which are mutually consistent. The

§ 30111
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Federal Election Campaign L

Commission shall report to the Congress annually on the steps it has taken 

to comply with this subsection.14

§ 30112.15 Maintenance of website of election reports

(a) In general. The Federal Election Commission shall maintain a 

central site on the Internet to make accessible to the public all publicly available election-related reports and information.

(b) Election-related report. In this section, the term ‘election-related report’ means any report, designation, or statement required to be filed 

under the Federal Election Campaign Act of 1971.

(c) Coordination with other agencies. Any Federal executive 

agency receiving election-related information which that agency is required 

by law to publicly disclose shall cooperate and coordinate with the Federal 

Election Commission to make such report available through, or for posting 

on, the site of the Federal Election Commission in a timely manner.

§ 30113. Statements filed with State officers; “appropriate State” defined; duties of State officers; waiver of duplicate filing requirements 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 Secretary 

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 candidate 

 14 This report is no longer required. Federal Reports Elimination and Sunset Act of 1995, 31 U.S.C. § 1113 

note, Pub. L. No. 104-66, § 3003, 109 Stat. 707, 734-35 (incorporating by reference H.R. DOC. NO. 103-7

(1993)).

15 This section is not part of the Federal Election Campaign Act. Section 502 of BCRA (Pub. L. No. 107-

155) added 2 U.S.C. § 438a (now 52 U.S.C. § 30112).

§ 30111 
Title 52. Voting and Elect

55

to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, the State in which the candidate seeks election; except that political committees other than 

authorized committees are only required 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 available 

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.

(c) Subsections (a) and (b) shall not apply with respect to any 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.

§ 30114. 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 connection 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;

(4) for transfers, without limitation, to a national, State, or local committee of a political party;

(5) for donations to State and local candidates subject to the 

provisions of State law; or

§ 30113
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Federal Election Campaign L

(6) for any other lawful purpose unless prohibited by subsection (b) of this section.

(b) Prohibited use.

(1) In general. A contribution or donation described in subsection (a) shall not be converted by any person to personal use.

(2) Conversion. For the purposes of paragraph (1), a contribution 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;

(C) a noncampaign-related automobile expense; 

(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

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

recreational facility.

(c) Restrictions on use of campaign funds for flights on noncommercial aircraft.

(1) In general. Notwithstanding any other provision of this 

Act, a candidate for election for Federal office (other than a candidate 

who is subject to paragraph (2)), or any authorized committee of such 

a candidate, may not make any expenditure for a flight on an aircraft 

unless—

(A) the aircraft is operated by an air carrier or commercial operator certificated by the Federal Aviation Administration 

and the flight is required to be conducted under air carrier safety 

rules, or, in the case of travel which is abroad, by an air carrier 

or commercial operator certificated by an appropriate foreign 

civil aviation authority and the flight is required to be conducted 

under air carrier safety rules; or

(B) the candidate, the authorized committee, or other 

political committee pays to the owner, lessee, or other person 

who provides the airplane the pro rata share of the fair market 

value of such flight (as determined by dividing the fair market 

§ 30114 
Title 52. Voting and Elect

57

value of the normal and usual charter fare or rental charge for a 

comparable plane of comparable size by the number of candidates on the flight) within a commercially reasonable time frame 

after the date on which the flight is taken.

(2) House candidates. Notwithstanding any other provision 

of this Act, in the case of a candidate for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, 

an authorized committee and a leadership PAC of the candidate may 

not make any expenditure for a flight on an aircraft unless—

(A) the aircraft is operated by an air carrier or commercial operator certificated by the Federal Aviation Administration 

and the flight is required to be conducted under air carrier safety 

rules, or, in the case of travel which is abroad, by an air carrier 

or commercial operator certificated by an appropriate foreign 

civil aviation authority and the flight is required to be conducted 

under air carrier safety rules; or

(B) the aircraft is operated by an entity of the Federal

government or the government of any State.

(3) Exception for aircraft owned or leased by candidate.

(A) In general. Paragraphs (1) and (2) do not apply to a 

flight on an aircraft owned or leased by the candidate involved 

or an immediate family member of the candidate (including an 

aircraft owned by an entity that is not a public corporation in 

which the candidate or an immediate family member of the candidate has an ownership interest), so long as the candidate does 

not use the aircraft more than the candidate’s or immediate family member’s proportionate share of ownership allows.

(B) Immediate family member defined. In this subparagraph (A), the term “immediate family member” means, with 

respect to a candidate, a father, mother, son, daughter, brother, 

sister, husband, wife, father-in-law, or mother-in-law.

(4) Leadership PAC defined. In this subsection, the term 

“leadership PAC” has the meaning given such term in section 

30104(i)(8)(B) of this title.

§ 30115. Authorization of appropriations

NOTE: This section contains the authorization for FEC appropriations

for FY 1975 through FY 1978, and for FY 1981. While contained in the 

United States Code, this provision has no substantive election law content.

§ 30114
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§ 30116. Limitations, contributions, and expenditures

(a) Dollar limits on contributions.

(1) Except as provided in subsection (i) and section 30117 of 

this title, no person shall make contributions—

(A) to any candidate and his authorized political committees with respect to any election for Federal office which, in 

the aggregate, exceed $2,000;

(B) to the political committees established and maintained by a national political party, which are not the authorized 

political committees of any candidate, in any calendar year 

which, in the aggregate, exceed $25,000, or, in the case of contributions made to any of the accounts described in paragraph 

(9), exceed 300 percent of the amount otherwise applicable under this subparagraph with respect to such calendar year.16

(C) to any other political committee (other than a committee 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.

(2) No multicandidate political committee shall make contributions—

(A) to any candidate and his authorized political committees with respect to any election for Federal office which, in 

the aggregate, exceed $5,000;

(B) to the political committees established and maintained by a national political party, which are not the authorized 

political committees of any candidate, in any calendar year, 

which, in the aggregate, exceed $15,000, or in the case of contributions made to any of the accounts described in paragraph 

(9), exceed 300 percent of the amount otherwise applicable under this subparagraph with respect to such calendar year; or

(C) to any other political committee in any calendar 

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

 16 Consolidated and Further Continuing Appropriations Act, 2015, Pub. L. No. 113-235, div. N, sec. 101, 

128 Stat. 2130, 2772-73, amended subparagraphs 30116(a)(1)(B) and (a)(2)(B) and added new subparagraphs 

(a)(9) and (d)(5). These amendments took effect December 16, 2014.

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(3)17 During the period which begins on January 1 of an oddnumbered 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 contributions to political committees which are not political committees 

of national political parties.

(4) The limitations on contributions contained in paragraphs

(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 political party. For 

purposes of paragraph (2), the term “multicandidate political committee” means a political committee which has been registered under section 30103 of this title for a period of not less than 6 months, which 

has received contributions from more than 50 persons, and, except for 

any State political party organization, has made contributions to 5 or 

more candidates for Federal office.

(5) For purposes of the limitations provided by paragraph (1) 

and paragraph (2), all contributions made by political committees established or financed or maintained or controlled by any corporation, 

labor organization, or any other person, including any parent, subsidiary, branch, division, department, or local unit of such corporation, 

labor organization, or any other person, or by 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 between political committees of funds raised through joint fundraising efforts;

(B) for purposes of the limitations provided by paragraph (1) and paragraph (2) all contributions made by a single 

political committee established or financed or maintained 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 committee; and

 17 In McCutcheon v. FEC, 572 U.S. 185 (2014), the Supreme Court found that section 441a(a)(3) (now 

section 30116(a)(3)) was unconstitutional. See 79 Fed. Reg. 62335 (October 17, 2014) for more information.

§ 30116
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(C) nothing in this section shall limit the transfer of 

funds between the principal campaign committee of a candidate 

seeking 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 candidate 

is actively seeking nomination or election to both such offices;

(ii) the limitations contained in this Act on contributions 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 organization and any of its subsidiaries, branches, divisions, departments, or 

local units establish or finance or maintain or control more than one 

separate segregated fund, all such separate segregated 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 imposed 

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 United States (except a general 

election for such office) shall be considered to be one election.

(7)18 For purposes of this subsection—

(A) contributions to a named candidate made to any political committee authorized by such candidate to accept contributions on his behalf shall be considered to be contributions 

made to such candidate;

 18 Note to 2 U.S.C. § 441a (now 52 U.S.C. § 30116) contained the following provisions in regard to Federal 

Election Commission regulations implementing section 441a(a)(7) (now section 30116(a)(7)):

“(c) Regulations by the Federal Election Commission. The Federal Election Commission shall promulgate 

new regulations on coordinated communications paid for by persons other than candidates, authorized committees of candidates, and party committees. The regulations shall not require agreement or formal collaboration to establish coordination. In addition to any subject determined by the Commission, the regulations 

shall address--

(1) payments for the republication of campaign materials;

(2) payments for the use of a common vendor;

(3) payments for communications directed or made by persons who previously served as an employee of a 

candidate or a political party; and

(4) payments for communications made by a person after substantial discussion about the communication 

with a candidate or a political party.”

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(B) (i) expenditures made by any person in cooperation, consultation, or concert, with, or at the request or suggestion of, a candidate, his authorized political 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 cooperation, 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 dissemination, 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 authorized agents shall be considered to be an expenditure for purposes of this paragraph; 

and

(C) if—

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

disbursement for any electioneering communication 

(within the meaning of section 30104(f)(3) of this title); 

and

(ii) such disbursement is coordinated with a candidate 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 contribution to the candidate supported by the electioneering communication 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 candidate nominated by a political party for election to the office 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 section, all 

contributions made by a person, either directly or indirectly, on behalf 

of a particular candidate, including contributions which are in any way 

earmarked or otherwise directed through an intermediary or conduit to 

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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.

(9) An account described in this paragraph is any of the following accounts:

(A) A separate, segregated account of a national committee of a political party (other than a national congressional 

campaign committee of a political party) which is used solely to 

defray expenses incurred with respect to a presidential nominating convention (including the payment of deposits) or to repay 

loans the proceeds of which were used to defray such expenses, 

except that the aggregate amount of expenditures the national 

committee of a political party may make from such account may 

not exceed $20,000,000 with respect to any single convention.

(B) A separate segregated account of a national committee of a political party (including a national congressional 

campaign committee of a political party) which is used solely to 

defray expenses incurred with respect to the construction, purchase, renovation, operation, and furnishing of one or more 

headquarters buildings of the party or to repay loans the proceeds of which were used to defray such expenses, or otherwise 

to restore funds used to defray such expenses (including expenses for obligations incurred during the 2-year period which 

ends on the date of the enactment of this paragraph).

(C) A separate segregated account of a national committee of a political party (including a national congressional 

campaign committee of a political party) which is used to defray 

expenses incurred with respect to the preparation for and the 

conduct of election recounts and contests and other legal proceedings.

(b) Dollar limits on expenditures by candidates for office of President 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 nomination for election to such office, except the aggregate of expenditures under this subparagraph in any one State shall not exceed 

§ 30116 
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63

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 election 

to such office.

(2) For purposes of this subsection—

(A) expenditures made by or on behalf of any candidate 

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

President of the United States shall be considered to be expenditures made by or on behalf of the candidate 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 expenditure; or

(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.

(c) Increases on limits based on increases in price index.

(1) (A) At the beginning of each calendar year (commencing in 1976), as there become available necessary data from the 

Bureau of Labor Statistics of the Department of Labor, the Secretary 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 calendar 

year and the price index for the base period.

(B) Except as provided in subparagraph (C), in any calendar year after 2002—

(i) a limitation 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.

(C) In the case of limitations under subsections 

(a)(1)(A), (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 

§ 30116
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Federal Election Campaign L

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 Bureau 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.

(d) Expenditures by national committee, State committee, or subordinate committee of State committee in connection with general election campaign of candidates for Federal office.

(1) Notwithstanding any other provision of law with respect 

to limitations on expenditures or limitations on contributions, the national committee of a political party and a State committee of a political party, including any subordinate committee of a State committee, 

may make expenditures in connection 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 committee 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—

§ 30116 
Title 52. Voting and Elect

65

(i) 2 cents multiplied by the voting age population of the State (as certified under subsection (e) of this 

section); 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.

19

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

party nominates a candidate, no committee of the political party 

may make—

(i) any coordinated expenditure under this subsection with respect to the candidate during the election 

cycle at any time after it makes any independent expenditure (as defined in section 30101(17) of this title with respect to the candidate during the election cycle; or

(ii) any independent expenditure (as defined in 

section 30101(17) of this title 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 committees) 

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.

(C) Transfers. A committee of a political party that 

makes 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 

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

an independent expenditure with respect to the candidate.

(5) The limitations contained in paragraphs (2), (3), and (4) 

of this subsection shall not apply to expenditures made from any of the 

accounts described in subsection (a)(9).

 19 In McConnell v. FEC, 540 U.S. 93, 213-219 (2003), the Supreme Court ruled that section 441(a)(d)(4) 

(now section 30116(d)(4)) was unconstitutional. See 69 Fed. Reg. 63919 (November 3, 2004).

§ 30116
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(e) Certification and publication of estimated voting age population.

During the first week of January 1975, and every subsequent year, the 

Secretary of Commerce shall certify to the Commission 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 preceding the date of certification. The term “voting age population” 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 knowingly accept 

a contribution made for the benefit or use of a candidate, or knowingly make 

any expenditure on behalf of a candidate, in violation of any limitation imposed on contributions and expenditures under this section.

(g) Attribution of multi-State expenditures to candidate’s expenditure limitation in each State.

The Commission shall prescribe rules under which any expenditure by 

a candidate for presidential nominations for use in 2 or more States shall be 

attributed to such candidate’s expenditure limitation in each such State, 

based on the voting age population in such State which can reasonably be 

expected to be influenced by such expenditure.

(h) Senatorial candidates.

Notwithstanding any other provision of this Act, amounts totaling not 

more than $35,000may be contributed to a candidate 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 Republican or Democratic Senatorial Campaign Committee, or the national committee of a political party, or any combination of such committees.

(i)20 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.

 20 In Davis v. FEC, 554 U.S. 724 (2008), the Supreme Court ruled that provisions of BCRA known as the 

Millionaires’ Amendment (sections 319(a) and (b) of BCRA (2 U.S.C. §§ 441a(i) and 441a-1) (now 52 U.S.C. 

§§ 30116(i) and 30117)) were unconstitutional. See 73 Fed. Reg. 79597 (December 30, 2008) for more information.

§ 30116 
Title 52. Voting and Elect

67

(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 population.

(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 population of the State of the candidate (as certified under subsection (e)).

(C) Increased limit. Except as provided in clause (ii), 

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 

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Federal Election Campaign L

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.

(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 30104(a)(6)(B) 

of this title) 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 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, 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 

§ 30116 
Title 52. Voting and Elect

69

the election, as determined on June 30 and December 31 of the year preceding the year in which a general election is held.

(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

30104(a)(6)(B) of this title; 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 expenditure 

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 subparagraph (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 campaign for 

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

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§ 30117.21 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) (52 U.S.C. §

30116(a)(1)(A)) with respect to the candidate shall be tripled;

(B) the limit under subsection (a)(3) (52 U.S.C. § 

30116(a)(3)) shall not apply with respect to any contribution 

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

(C) the limits under subsection (d) (52 U.S.C. § 

30116(d)) 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 

gross receipts advantage of the candidate’s authorized 

committee.

 21 In Davis v. FEC, 554 U.S. 724 (2008), the Supreme Court ruled that provisions of BCRA known as the 

Millionaires’ Amendment (sections 319(a) and (b) of BCRA (2 U.S.C. §§ 441a(i) and 441a-1) (now 52 U.S.C. 

§§ 30116(i) and 30117)) were unconstitutional. See 73 Fed. Reg. 79597 (December 30, 2008) for more information.

§ 30117 
Title 52. Voting and Elect

71

(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 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, 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 expenditure 

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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Federal Election Campaign L

(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 subparagraph (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.

(C) Initial notification. Not later than 24 hours after a 

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 personal 

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—

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(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 required 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 

30109 of this title.

§ 30118. Contributions or expenditures by national banks, corporations, or labor organizations22

(a) In general. 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 contribution or expenditure in connection with any election at which presidential 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 election or 

 22 In Citizens United v. FEC, 558 U.S. 310 (2010), the Supreme Court found 2 U.S.C.§ 441b(a) (now 52 

U.S.C. § 30118(a)) unconstitutional as applied to independent expenditures and electioneering communications made by corporations. See 79 Fed. Reg. 62797 (October 21, 2014) for more information.

§ 30117
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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 national bank or any 

officer of any labor organization to consent to any contribution or expenditure by the corporation, national bank, or labor organization, as the case may 

be, prohibited by this section.

(b) Definitions; particular activities prohibited or allowed. 

(1) For the purposes of this section the term “labor organization” means any organization of any kind, or any agency or employee 

representation committee or plan, in which employees participate and

which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, 

hours of employment, or conditions of work.

(2) For purposes of this section and section 79l(h) of title 15,23

the term “contribution or expenditure” includes a contribution or expenditure, as those terms are defined in section 30101 of this title, 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 ordinary 

course of business) to any candidate, campaign committee, or political 

party or organization, in connection with any election 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 stockholders 

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 campaigns 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

(C) the establishment, administration, and solicitation 

of contributions to a separate segregated fund to be utilized for 

political purposes by a corporation, labor organization, membership organization, cooperative, or corporation without capital 

stock.

 23 15 U.S.C. § 79l(h) was repealed by the Energy Policy Act of 2005, Pub. L. No. 109-58, § 1263, 119 Stat. 

594, 974, on August 8, 2005. 

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(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 contribution to such a fund to fail to inform such employee of the political purposes of such fund at the time of such solicitation; and

(C) for any person soliciting an employee for a contribution 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 contributions 

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 segregated fund established by a labor organization, to solicit 

contributions 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 organization, to 

make 2 written solicitations for contributions during the calendar year from any stockholder, executive or administrative personnel, or employee of a corporation or the families of such persons. A solicitation under this subparagraph may be made only 

by mail addressed to stockholders, executive or administrative 

personnel, or employees at their residence and shall be so designed that the corporation, 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.

(C) This paragraph shall not prevent a membership organization, cooperative, or corporation without capital stock, or 

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a separate segregated fund established by a membership organization, cooperative, or corporation without capital stock, from 

soliciting contributions to such a fund from members of such 

organization, cooperative, or corporation without capital stock.

(D) This paragraph shall not prevent a trade association 

or a separate segregated fund established by a trade association 

from soliciting contributions from the stockholders and executive or administrative personnel of the member corporations of 

such trade association and the families of such stockholders or 

personnel to the extent that such solicitation of such stockholders and personnel, and their families, has been separately and 

specifically approved by the member corporation involved, and 

such member corporation does not approve any such solicitation 

by more than one such trade association in any calendar year.

(5) Notwithstanding any other law, any method of soliciting 

voluntary contributions or of facilitating the making of voluntary contributions to a separate segregated fund established by a corporation, 

permitted by law to corporations with regard to stockholders and executive or administrative personnel, shall also be permitted to labor 

organizations with regard to their members.

(6) Any corporation, including its subsidiaries, branches, divisions, and affiliates, that utilizes a method of soliciting voluntary 

contributions or facilitating the making of voluntary contributions, 

shall make available such method, on written request and at a cost sufficient only to reimburse the corporation for the expenses incurred 

thereby, to a labor organization representing any members working for 

such corporation, its subsidiaries, branches, divisions, and affiliates.

(7) For purposes of this section, the term “executive or administrative personnel” means individuals employed by a corporation 

who are paid on a salary, rather than hourly, basis and who have policymaking, managerial, professional, or supervisory responsibilities.

(c) Rules relating to electioneering communications.

(1) Applicable electioneering communication. For purposes 

of this section, the term ‘applicable electioneering communication’ 

means an electioneering communication (within the meaning of section 30104(f)(3) of this title) which is made by any entity described in 

subsection (a) of this section or by any other person using funds donated by an entity described in subsection (a) of this section.

(2) Exception. Notwithstanding paragraph (1), the term ‘applicable electioneering communication’ does not include a communication by a section 501(c)(4) organization or a political organization 

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(as defined in section 527(e)(1) of the Internal Revenue Code of 1986) 

made under section 30104(f)(2)(E) or (F) of this title if the communication is paid for exclusively by funds provided directly by individuals 

who are United States citizens or nationals or lawfully admitted for 

permanent residence (as defined in section 1101(a)(20) of title 8). For 

purposes of the preceding sentence, the term ‘provided directly by individuals’ does not include funds the source of which is an entity described in subsection (a) of this section.

(3) Special operating rules.

(A) Definition under paragraph (1). An electioneering

communication shall be treated as made by an entity described 

in subsection (a) if an entity described in subsection (a) directly 

or indirectly disburses any amount for any of the costs of the 

communication.

(B) Exception under paragraph (2). A section 501(c)(4) 

organization that derives amounts from business activities or receives funds from any entity described in subsection (a) shall be 

considered to have paid for any communication out of such 

amounts unless such organization paid for the communication

out of a segregated account to which only individuals can contribute, as described in section 30104(f)(2)(E) of this title.

(4) Definitions and rules. For purposes of this subsection—

(A) the term ‘section 501(c)(4) organization’ means—

(i) an organization described in section 501(c)(4) 

of the Internal Revenue Code of 1986 and exempt from 

taxation under section 501(a) of such Code; or

(ii) an organization which has submitted an application to the Internal Revenue Service for determination

of its status as an organization described in clause (i); and

(B) a person shall be treated as having made a disbursement if the person has executed a contract to make the disbursement.

(5) Coordination with Internal Revenue Code. Nothing in this 

subsection shall be construed to authorize an organization exempt 

from taxation under section 501(a) of the Internal Revenue Code of 

1986 to carry out any activity which is prohibited under such Code.

(6) Special rules for targeted communications.

(A) Exception does not apply. Paragraph (2) shall not 

apply in the case of a targeted communication that is made by 

an organization described in such paragraph.

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(B) Targeted communication. For purposes of subparagraph (A), the term ‘targeted communication’ means an electioneering communication (as defined in section 30104(f)(3) of 

this title) that is distributed from a television or radio broadcast 

station or provider of cable or satellite television service and, in 

the case of a communication which refers to a candidate for an 

office other than President or Vice President, is targeted to the 

relevant electorate.

(C) Definition. For purposes of this paragraph, a communication is ‘targeted to the relevant electorate’ if it meets the 

requirements described in section 30104(f)(3)(C) of this title.

§ 30119. Contributions by government contractors

(a) Prohibition. It shall be unlawful for any person—

(1) Who enters into any contract with the United States or any 

department or agency thereof either for the rendition of personal services or furnishing any material, supplies, or equipment to the United 

States or any department or agency thereof or for selling any land or 

building to the United States or any department or agency thereof, if 

payment for the performance of such contract or payment for such material, supplies, equipment, land, or building is to be made in whole or 

in part from funds appropriated by the Congress, at any time between 

the commencement of negotiations for the later of (A) the completion 

of performance under; or (B) the termination of negotiations for, such 

contract or furnishing of material, supplies, equipment, land, or buildings, directly or indirectly to make any contribution of money or other 

things of value, or to promise expressly or impliedly to make any such 

contribution to any political party, committee, or candidate for public 

office or to any person for any political purpose or use; or

(2) knowingly to solicit any such contribution from any such 

person for any such purpose during any such period.

(b) Separate segregated funds. This section does not prohibit or 

make unlawful the establishment or administration of, or the solicitation of 

contributions to, any separate segregated fund by any corporation, labor organization, membership organization, cooperative, or corporation without 

capital stock for the purpose of influencing the nomination for election, or 

election, of any person to Federal office, unless the provisions of section 

30118 of this title prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to, such fund. Each specific prohibition, allowance, and duty applicable to a corporation, labor organization, 

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or separate segregated fund under section 30118 of this title applies to a corporation, labor organization, or separate segregated fund to which this subsection applies.

(c) “Labor organization” defined. For purposes of this section, 

the term “labor organization” has the meaning given it by section 

30118(b)(1) of this title.

§ 30120. Publication and distribution of statements and solicitations; 

charge for newspaper or magazine space

(a) Identification of funding and authorizing sources. Whenever 

a political committee makes a disbursement for the purpose of financing 

any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general 

public political advertising, or whenever any person makes a disbursement for the purpose of financing communications expressly advocating 

the election or defeat of a clearly identified candidate, or solicits any 

contribution through any broadcasting station, newspaper, magazine, 

outdoor advertising facility, mailing, or any other type of general public 

political advertising or makes a disbursement for an electioneering communication (as defined in section 30104(f)(3) of this title), such communication—

(1) if paid for and authorized by a candidate, an authorized 

political committee of a candidate, or its agents, shall clearly state that 

the communication has been paid for by such authorized political committee, or

(2) if paid for by other persons but authorized by a candidate, 

an authorized political committee of a candidate, or its agents, shall 

clearly state that the communication is paid for by such other persons 

and authorized by such authorized political committee;

(3) if not authorized by a candidate, an authorized political 

committee of a candidate, or its agents, shall clearly state the name and 

permanent street address, telephone number or World Wide Web address of the person who paid for the communication and state that the 

communication is not authorized by any candidate or candidate’s committee.

(b) Charge for newspaper or magazine space. No person who 

sells space in a newspaper or magazine to a candidate or to the agent of a 

candidate, for use in connection with such candidate’s campaign, may 

charge any amount for such space which exceeds the amount charged for 

comparable use of such space for other purposes.

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(c) Specification. Any printed communication described in subsection (a) shall—

(1) be of sufficient type size to be clearly readable by the recipient of the communication;

(2) be contained in a printed box set apart from the other contents of the communication; and

(3) be printed with a reasonable degree of color contrast between the background and the printed statement.

(d) Additional requirements.

(1) Communications by candidates or authorized persons.

(A) By radio. Any communication described in paragraph (1) or (2) of subsection (a) which is transmitted through 

radio shall include, in addition to the requirements of that paragraph, an audio statement by the candidate that identifies the 

candidate and states that the candidate has approved the communication.

(B) By television. Any communication described in 

paragraph (1) or (2) of subsection (a) which is transmitted 

through television shall include, in addition to the requirements 

of that paragraph, a statement that identifies the candidate and 

states that the candidate has approved the communication. 

Such statement—

(i) shall be conveyed by—

(I) an unobscured, full-screen view of the 

candidate making the statement, or

(II) the candidate in voice-over, accompanied by a clearly identifiable photographic or similar image of the candidate; and

(ii) shall also appear in writing at the end of the 

communication in a clearly readable manner with a reasonable degree of color contrast between the background 

and the printed statement, for a period of at least 4 seconds.

(2) Communications by others. Any communication described in paragraph (3) of subsection (a) which is transmitted through 

radio or television shall include, in addition to the requirements of that 

paragraph, in a clearly spoken manner, the following audio statement: 

‘ is responsible for the content of this advertising.’ (with 

the blank to be filled in with the name of the political committee or 

other person paying for the communication and the name of any connected organization of the payor). If transmitted through television, the 

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81

statement shall be conveyed by an unobscured, full-screen view of a 

representative of the political committee or other person making the 

statement, or by a representative of such political committee or other 

person in voice-over, and shall also appear in a clearly readable manner with a reasonable degree of color contrast between the background 

and the printed statement, for a period of at least 4 seconds.

§ 30121. Contributions and donations by foreign nationals

(a) Prohibition. It shall be unlawful for—

(1) a foreign national, directly or indirectly, to make—

(A) a contribution or donation of money or other thing 

of value, or to make an express or implied promise to make a 

contribution or donation, in connection with a Federal, State, or 

local election;

(B) a contribution or donation to a committee of a political party; or

(C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the 

meaning of section 30104(f)(3) of this title); or

(2) a person to solicit, accept, or receive a contribution or donation described in subparagraph (A) or (B) of paragraph (1) from a 

foreign national.

(b) As used in this section, the term “foreign national” means—

(1) a foreign principal, as such term is defined by section

611(b) of title 22,24 except that the term “foreign national” shall not 

include any individual who is a citizen of the United States; or

(2) an individual who is not a citizen of the United States or a 

national of the United States (as defined in section 101(a)(22) of the 

Immigration and Nationality Act) and who is not lawfully admitted for 

permanent residence, as defined by section 1101(a)(20) of title 8.25

 24 22 U.S.C. § 611(b) provides:

“(b) The term “foreign principal” includes—

(1) a government of a foreign country and a foreign political party;

(2) a person outside of the United States, unless it is established that such person is an individual and 

a citizen of and domiciled within the United States, or that such person is not an individual and is 

organized under or created by the laws of the United States or of any State or other place subject to the 

jurisdiction of the United States and has its principal place of business within the United States; and

(3) a partnership, association, corporation, organization, or other combination of persons organized 

under the laws of or having its principal place of business in a foreign country.” 25 8 U.S.C. § 1101(a)(20) provides: “(20) The term lawfully admitted for permanent residence means the 

status of having been lawfully accorded the privilege of residing permanently in the United States as an 

immigrant in accordance with the immigration laws, such status not having changed.”

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§ 30122. Contributions in name of another prohibited

No person shall make a contribution in the name of another person or 

knowingly permit his name to be used to effect such a contribution and no 

person shall knowingly accept a contribution made by one person in the 

name of another person.

§ 30123. Limitation on contribution of currency

No person shall make contributions of currency of the United States or 

currency of any foreign country to or for the benefit of any candidate which, 

in the aggregate, exceed $100, with respect to any campaign of such candidate for nomination for election, or for election, to Federal office.

§ 30124. Fraudulent misrepresentation of campaign authority

(a) In general. No person who is a candidate for Federal office or 

an employee or agent of such a candidate shall—

(1) fraudulently misrepresent himself or any committee or organization under his control as speaking or writing or otherwise acting 

for or on behalf of any other candidate or political party or employee 

or agent thereof on a matter which is damaging to such other candidate 

or political party or employee or agent thereof; or

(2) willfully and knowingly participate in or conspire to participate in any plan, scheme, or design to violate paragraph (1).

(b) Fraudulent solicitation of funds. No person shall—

(1) fraudulently misrepresent the person as speaking, writing, 

or otherwise acting for or on behalf of any candidate or political party 

or employee or agent thereof for the purpose of soliciting contributions 

or donations; or

(2) willfully and knowingly participate in or conspire to participate in any plan, scheme, or design to violate paragraph (1).

§ 30125. Soft money of political parties

(a) National committees.

(1) In general. A national committee of a political party (including a national congressional campaign committee of a political 

party) may not solicit, receive, or direct to another person a contribution, donation, or transfer of funds or any other thing of value, or spend 

any funds, that are not subject to the limitations, prohibitions, and reporting requirements of this Act.

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(2) Applicability. The prohibition established by paragraph 

(1) applies to any such national committee, any officer or agent acting 

on behalf of such a national committee, and any entity that is directly 

or indirectly established, financed, maintained, or controlled by such a 

national committee.

(b) State, district and local committees.

(1) In general. Except as provided in paragraph (2), an 

amount that is expended or disbursed for Federal election activity by 

a State, district, or local committee of a political party (including an 

entity that is directly or indirectly established, financed, maintained, 

or controlled by a State, district, or local committee of a political party 

and an officer or agent acting on behalf of such committee or entity), 

or by an association or similar group of candidates for State or local 

office or of individuals holding State or local office, shall be made 

from funds subject to the limitations, prohibitions, and reporting requirements of this Act.

(2) Applicability.

(A) In general. Notwithstanding clause (i) or (ii) of section 30101(20)(A) of this title, and subject to subparagraph (B), 

paragraph (1) shall not apply to any amount expended or disbursed by a State, district, or local committee of a political party 

for an activity described in either such clause to the extent the 

amounts expended or disbursed for such activity are allocated 

(under regulations prescribed by the Commission) among 

amounts—

(i) which consist solely of contributions subject 

to the limitations, prohibitions, and reporting requirements of this Act (other than amounts described in subparagraph (B)(iii)); and

(ii) other amounts which are not subject to the 

limitations, prohibitions, and reporting requirements of 

this Act (other than any requirements of this subsection).

(B) Conditions. Subparagraph (A) shall only apply if—

(i) the activity does not refer to a clearly identified candidate for Federal office;

(ii) the amounts expended or disbursed are not 

for the costs of any broadcasting, cable, or satellite communication, other than a communication which refers 

solely to a clearly identified candidate for State or local 

office;

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(iii) the amounts expended or disbursed which 

are described in subparagraph (A)(ii) are paid from 

amounts which are donated in accordance with State law 

and which meet the requirements of subparagraph (C), 

except that no person (including any person established, 

financed, maintained, or controlled by such person) may 

donate more than $10,000 to a State, district, or local 

committee of a political party in a calendar year for such 

expenditures or disbursements; and

(iv) the amounts expended or disbursed are made 

solely from funds raised by the State, local, or district 

committee which makes such expenditure or disbursement, and do not include any funds provided to such 

committee from—

(I) any other State, local, or district committee of any State party,

(II) the national committee of a political 

party (including a national congressional campaign 

committee of a political party),

(III) any officer or agent acting on behalf 

of any committee described in subclause (I) or (II), 

or 

(IV) any entity directly or indirectly established, financed, maintained, or controlled by any 

committee described in subclause (I) or (II).

(C) Prohibiting involvement of national parties, federal 

candidates and officeholders, and state parties acting jointly. 

Notwithstanding subsection (e) (other than subsection (e)(3)), 

amounts specifically authorized to be spent under subparagraph 

(B)(iii) meet the requirements of this subparagraph only if the 

amounts—

(i) are not solicited, received, directed, transferred, or spent by or in the name of any person described 

in subsection (a) or (e); and

(ii) are not solicited, received, or directed through 

fundraising activities conducted jointly by 2 or more 

State, local, or district committees of any political party or 

their agents, or by a State, local, or district committee of a 

political party on behalf of the State, local, or district committee of a political party or its agent in one or more other 

States.

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(c) Fundraising costs. An amount spent by a person described in 

subsection (a) or (b) to raise funds that are used, in whole or in part, for 

expenditures and disbursements for a Federal election activity shall be made 

from funds subject to the limitations, prohibitions, and reporting requirements of this Act.

(d) Tax-exempt organizations. A national, State, district, or local 

committee of a political party (including a national congressional campaign 

committee of a political party), an entity that is directly or indirectly established, financed, maintained, or controlled by any such national, State, district, or local committee or its agent, and an officer or agent acting on behalf 

of any such party committee or entity, shall not solicit any funds for, or make 

or direct any donations to—

(1) an organization that is described in section 501(c) of the 

Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code (or has submitted an application for determination of tax-exempt status under such section) and that makes expenditures or disbursements in connection with an election for Federal 

office (including expenditures or disbursements for Federal election 

activity); or

(2) an organization described in section 527 of such Code 

(other than a political committee, a State, district, or local committee 

of a political party, or the authorized campaign committee of a candidate for State or local office).

(e) Federal candidates.

(1) In general. A candidate, individual holding Federal office, agent of a candidate or an individual holding Federal office, or 

an entity directly or indirectly established, financed, maintained or 

controlled by or acting on behalf of 1 or more candidates or individuals holding Federal office, shall not—

(A) solicit, receive, direct, transfer, or spend funds in 

connection with an election for Federal office, including funds 

for any Federal election activity, unless the funds are subject to 

the limitations, prohibitions, and reporting requirements of this 

Act; or

(B) solicit, receive, direct, transfer, or spend funds in 

connection with any election other than an election for Federal 

office or disburse funds in connection with such an election unless the funds—

(i) are not in excess of the amounts permitted 

with respect to contributions to candidates and political 

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Federal Election Campaign L

committees under paragraphs (1), (2), and (3) of section

30116(a) of this title; and

(ii) are not from sources prohibited by this Act 

from making contributions in connection with an election 

for Federal office.

(2) State law. Paragraph (1) does not apply to the solicitation, 

receipt, or spending of funds by an individual described in such paragraph who is or was also a candidate for a State or local office solely 

in connection with such election for State or local office if the solicitation, receipt, or spending of funds is permitted under State law and 

refers only to such State or local candidate, or to any other candidate 

for the State or local office sought by such candidate, or both.

(3) Fundraising events. Notwithstanding paragraph (1) or 

subsection (b)(2)(C), a candidate or an individual holding Federal office may attend, speak, or be a featured guest at a fundraising event 

for a State, district, or local committee of a political party.

(4) Permitting certain solicitations.

(A) General solicitations. Notwithstanding any other 

provision of this subsection, an individual described in paragraph (1) may make a general solicitation of funds on behalf of

any organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code (or has submitted an application for 

determination of tax exempt status under such section) (other 

than an entity whose principal purpose is to conduct activities 

described in clauses (i) and (ii) of section 30101(20)(A) of this 

title) where such solicitation does not specify how the funds 

will or should be spent.

(B) Certain specific solicitations. In addition to the general solicitations permitted under subparagraph (A), an individual described in paragraph (1) may make a solicitation explicitly 

to obtain funds for carrying out the activities described in 

clauses (i) and (ii) of section 30101(20)(A) of this title, or for an 

entity whose principal purpose is to conduct such activities, if—

(i) the solicitation is made only to individuals; 

and

(ii) the amount solicited from any individual during any calendar year does not exceed $20,000. 

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(f) State candidates.

(1) In general. A candidate for State or local office, individual 

holding State or local office, or an agent of such a candidate or individual may not spend any funds for a communication described in section 30101(20)(A)(iii) of this title unless the funds are subject to the 

limitations, prohibitions, and reporting requirements of this Act.

(2) Exception for certain communications. Paragraph (1) shall 

not apply to an individual described in such paragraph if the communication involved is in connection with an election for such State or 

local office and refers only to such individual or to any other candidate 

for the State or local office held or sought by such individual, or both.

§ 30126. Prohibition of contributions by minors26

An individual who is 17 years old or younger shall not make a contribution to a candidate or a contribution or donation to a committee of a political 

party.

Subchapter II—General Provisions

§ 30141. Extension of credit by regulated industries; regulations

The Secretary of Transportation, the Federal Communications Commission, and the Surface Transportation Board shall each maintain its own 

regulations with respect to the extension of credit, without security, by any 

person regulated by the Secretary under subpart II of part A of subtitle VII 

of Title 49, or such Commission or Board, to any candidate for Federal office, or to any person on behalf of such a candidate, for goods furnished or 

services rendered in connection with the campaign of such candidate for 

nomination for election, or election, to such office.

§ 30142. Prohibition against use of certain Federal funds for election 

activities

No part of any funds appropriated to carry out the Economic Opportunity Act of 1964 (42 U.S.C. § 2701 et seq.) shall be used to finance, directly or indirectly, any activity designed to influence the outcome of any 

election to Federal office, or any voter registration activity, or to pay the 

salary of any officer or employee of the Office of Economic Opportunity 

 26 In McConnell v. FEC, 540 U.S. 93 (2003), the Supreme Court ruled that 2 U.S.C. § 441k (now 52 U.S.C. 

§ 30126) was unconstitutional. For more information, see 70 Fed. Reg. 5565 (February 3, 2005).

§ 30125
88

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who, in his official capacity as such an officer or employee, engages in any 

such activity.

§ 30143. State laws affected

(a) In general. Subject to subsection (b), the provisions of this Act, 

and of rules prescribed under this Act, supersede and preempt any provision 

of State law with respect to election to Federal office.

(b) State and local committees of political parties. Notwithstanding 

any other provision of this Act, a State or local committee of a political party 

may, subject to State law, use exclusively funds that are not subject to the 

prohibitions, limitations, and reporting requirements of the Act for the purchase or construction of an office building for such State or local committee.

§ 30144. Partial invalidity27

If any provision of this Act, or the application thereof to any person or 

circumstance, is held invalid, the validity of the remainder of the Act and the 

application of such provision to other persons and circumstances shall not be 

affected thereby.

§ 30145. Period of limitations

(a) No person shall be prosecuted, tried, or punished for any violation of subchapter I of this chapter, unless the indictment is found or the 

information is instituted within 5 years after the date of the violation.

(b) Notwithstanding any other provision of law—

(1) the period of limitations referred to in subsection (a) of 

this section shall apply with respect to violations referred to in such 

subsection committed before, on, or after the effective date of this section; and

(2) no criminal proceeding shall be instituted against any person for any act or omission which was a violation of any provision of 

subchapter I of this chapter, as in effect on December 31, 1974, if such 

act or omission does not constitute a violation of any such provision, 

as amended by the Federal Election Campaign Act Amendments of 

1974.

 27 Section 401 of BCRA, Pub. L. No. 107-155, 116 Stat. 112 (2002), provided:

“If any provision of this Act or amendment made by this Act, or the application of a provision or amendment 

to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made 

by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be 

affected by the holding.”

§ 30142 
Title 52. Voting and Elect

89

Nothing in this subsection shall affect any proceeding pending in any court 

of the United States on January 1, 1975.

§ 30146.

28 Collection and crediting of fees from conferences sponsored 

by Commission

(a) The Federal Election Commission may charge and collect fees 

for attending or otherwise participating in a conference sponsored by the 

Commission, and notwithstanding section 3302 of title 31, United States 

Code, any amounts received from such fees during a fiscal year shall be 

credited to and merged with the amounts appropriated or otherwise made 

available to the Commission during the year, and shall be available for use 

during the year for the costs of sponsoring such conferences.

(b) This section shall apply with respect to fiscal year 2007 and 

each succeeding fiscal year.

 28 This section is not part of the Federal Election Campaign Act. Section 21078 of the Revised Continuing 

Appropriations Resolution, 2007, Pub. L. No.110-5, 121 Stat. 59, added 2 U.S.C. § 457 (now 52 U.S.C. § 

30146).

§ 30145
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TITLE 26. INTERNAL REVENUE CODE

Subtitle H—Financing of Presidential Election Campaigns

Chapter 95—Presidential Election Campaign Fund1

§ 9001. Short title

This chapter may be cited as the “Presidential Election Campaign Fund 

Act.”

§ 9002. Definitions

For purposes of this chapter—

(1) The term “authorized committee” means, with respect to 

the candidates of a political party for President and Vice President of 

the United States, any political committee which is authorized in writing by such candidates to incur expenses to further the election of such 

candidates. Such authorization shall be addressed to the chairman of 

such political committee, and a copy of such authorization shall be 

filed by such candidates with the Commission. Any withdrawal of any 

authorization shall also be in writing and shall be addressed and filed 

in the same manner as the authorization.

(2) The term “candidate” means with respect to any presidential election, an individual who—

(A) has been nominated for election to the office of 

President of the United States or the office of Vice President of 

the United States by a major party, or

(B) has qualified to have his name on the election ballot 

(or to have the names of electors pledged to him on the election 

ballot) as the candidate of a political party for election to either 

such office in 10 or more States.

For purposes of paragraphs (6) and (7) of this section and purposes of 

section 9004(a)(2), the term “candidate” means, with respect to any preceding presidential election, an individual who received popular votes 

for the office of President in such election. The term “candidate” shall 

not include any individual who has ceased actively to seek election to 

the office of President of the United States or to the office of Vice President of the United States, in more than one State.

 1 The Consolidated Appropriations Act, 2018, Pub. L. No. 115–141, Div. U, Title IV, § 401(d)(8), 132 Stat. 

348, 1212 (2018), amended Chapter 95 by striking section 9013. This amendment took effect March 23, 

2018.
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§ 9002 

(3) The term “Commission” means the Federal Election 

Commission established by section 306(a)(1) of the Federal Election 

Campaign Act of 1971.

(4) The term “eligible candidates” means the candidates of a 

political party for President and Vice President of the United States 

who have met all applicable conditions for eligibility to receive payments under this chapter set forth in section 9003.

(5) The term “fund” means the Presidential Election Campaign Fund established by section 9006(a).

(6) The term “major party” means, with respect to any presidential election, a political party whose candidate for the office of 

President in the preceding presidential election received, as the candidate of such party, 25 percent or more of the total number of popular 

votes received by all candidates for such office.

(7) The term “minor party” means, with respect to any presidential election, a political party whose candidate for the office of 

President in the preceding presidential election received, as the candidate of such party, 5 percent or more but less than 25 percent of the 

total number of popular votes received by all candidates for such office.

(8) The term “new party” means with respect to any presidential election, a political party which is neither a major party nor a minor 

party.

(9) The term “political committee” means any committee, association, or organization (whether or not incorporated) which accepts 

contributions or makes expenditures for the purpose of influencing, or 

attempting to influence, the nomination or election of one or more individuals to Federal, State, or local elective public office.

(10) The term “presidential election” means the election of 

presidential and vice-presidential electors.

(11) The term “qualified campaign expense” means an expense—

(A) incurred—

(i) by the candidate of a political party for the office of President to further his election to such office or to 

further the election of the candidate of such political party 

for the office of Vice President, or both

(ii) by the candidate of a political party for the office of Vice President to further his election to such office 

or to further the election of the candidate of such political 

party for the office of President, or both, or
Title 26. Internal Reven

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§ 9002

(iii) by an authorized committee of the candidates 

of a political party for the offices of President and Vice 

President to further the election of either or both of such 

candidates to such offices,

(B) incurred within the expenditure report period (as defined in paragraph (12)), or incurred before the beginning of 

such period to the extent such expense is for property, services, 

or facilities used during such period, and

(C) neither the incurring nor payment of which constitutes a violation of any law of the United States or of the State 

in which such expense is incurred or paid.

An expense shall be considered as incurred by a candidate or an 

authorized committee if it is incurred by a person authorized by such 

candidate or such committee, as the case may be, to incur such expense 

on behalf of such candidate or such committee. If an authorized committee of the candidates of a political party for President and Vice President of the United States also incurs expenses to further the election 

of one or more other individuals to Federal, State, or local elective 

public office, expenses incurred by such committee which are not specifically to further the election of such other individual or individuals 

shall be considered as incurred to further the election of such candidates for President and Vice President in such proportion as the Commission prescribes by rules or regulations.

(12) The term “expenditure report period” with respect to any 

presidential election means—

(A) in the case of a major party, the period beginning 

with the first day of September before the election, or, if earlier, 

with the date on which such major party at its national convention nominated its candidate for election to the office of President of the United States, and ending 30 days after the date of 

the presidential election; and

(B) in the case of a party which is not a major party, the 

same period as the expenditure report period of the major party 

which has the shortest expenditure report period for such presidential election under subparagraph (A).

§ 9003. Condition for eligibility for payments

(a) In general. In order to be eligible to receive any payments under 

section 9006, the candidates of a political party in a presidential election 

shall, in writing—
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§ 9003 

(1) agree to obtain and furnish to the Commission such evidence as it may request of the qualified campaign expenses of such 

candidates,

(2) agree to keep and furnish to the Commission such records, 

books, and other information as it may request, and

(3) agree to an audit and examination by the Commission under section 9007 and to pay any amounts required to be paid under 

such section.

(b) Major parties. In order to be eligible to receive any payments 

under section 9006, the candidates of a major party in a presidential election 

shall certify to the Commission, under penalty of perjury, that—

(1) such candidates and their authorized committees will not 

incur qualified campaign expenses in excess of the aggregate payments to which they will be entitled under section 9004, and

(2) no contributions to defray qualified campaign expenses 

have been or will be accepted by such candidates or any of their authorized committees except to the extent necessary to make up any 

deficiency in payments received out of the fund on account of the application of section 9006(c), and no contributions to defray expenses 

which would be qualified campaign expenses but for subparagraph (C) 

of section 9002(l1) have been or will be accepted by such candidates 

or any of their authorized committees.

Such certification shall be made within such time prior to the day of the presidential election as the Commission shall prescribe by rules or regulations.

(c) Minor and new parties. In order to be eligible to receive any 

payments under section 9006, the candidates of a minor or new party in a 

presidential election shall certify to the Commission under penalty of perjury, that—

(1) such candidates and their authorized committees will not 

incur qualified campaign expenses in excess of the aggregate payments to which the eligible candidates of a major party are entitled 

under section 9004, and

(2) such candidates and their authorized committees will accept and expend or retain contributions to defray qualified campaign 

expenses only to the extent that the qualified campaign expenses incurred by such candidates and their authorized committees certified to 

under paragraph (1) exceed the aggregate payments received by such 

candidates out of the fund pursuant to section 9006.

Such certification shall be made within such time prior to the day of the presidential election as the Commission shall prescribe by rules or regulations.
Title 26. Internal Reven

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§ 9003

(d) Withdrawal by candidate. In any case in which an individual 

ceases to be a candidate as a result of the operation of the last sentence of 

section 9002(2), such individual—

(1) shall no longer be eligible to receive any payments under 

section 9006, except that such individual shall be eligible to receive

payments under such section to defray qualified campaign expenses 

incurred while actively seeking election to the office of President of 

the United States or to the office of Vice President of the United States 

in more than one State; and

(2) shall pay to the Secretary, as soon as practicable after the 

date upon which such individual ceases to be a candidate, an amount 

equal to the amount of payments received by such individual under 

section 9006 which are not used to defray qualified campaign expenses.

(e) Closed captioning requirement. No candidate for the office of 

President or Vice President may receive amounts from the Presidential Election Campaign Fund under this chapter or chapter 96 unless such candidate 

has certified that any television commercial prepared or distributed by the 

candidate will be prepared in a manner which ensures that the commercial 

contains or is accompanied by closed captioning of the oral content of the 

commercial to be broadcast in line 21 of the vertical blanking interval, or is 

capable of being viewed by deaf and hearing impaired individuals via any 

comparable successor technology to line 21 of the vertical blanking interval.

§ 9004. Entitlement of eligible candidates to payments

(a) In general. Subject to the provisions of this chapter—

(1) The eligible candidates of each major party in a presidential election shall be entitled to equal payments under section 9006 in 

an amount which, in the aggregate, shall not exceed the expenditure 

limitations applicable to such candidates under section 315(b)(1)(B) of 

the Federal Election Campaign Act of 1971.

(2) (A) The eligible candidates of a minor party in a presidential election shall be entitled to payments under section 9006 

equal in the aggregate to an amount which bears the same ratio 

to the amount allowed under paragraph (1) for a major party as 

the number of popular votes received by the candidate for President of the minor party, as such candidate, in the preceding 

presidential election bears to the average number of popular 

votes received by the candidates for President of the major parties in the preceding presidential election.
Federal Election Campaign L

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§ 9004 

(B) If the candidate of one or more political parties (not 

including a major party) for the office of President was a candidate for such office in the preceding presidential election and 

received 5 percent or more but less than 25 percent of the such 

office, such candidate and his running mate for the office of Vice 

President, upon compliance with the provisions of section 

9003(a) and (c), shall be treated as eligible candidates entitled to 

payments under section 9006 in an amount computed as provided in subparagraph (A) by taking into account all the popular 

votes received by such candidate for the office of President in 

the preceding presidential election. If eligible candidates of a 

minor party are entitled to payments under this subparagraph, 

such entitlement shall be reduced by the amount of the entitlement allowed under subparagraph (A).

(3) The eligible candidates of a minor party or a new party in 

a presidential election whose candidate for President in such election 

receives, as such candidate, 5 percent or more of the total number of 

popular votes cast for the office of President in such election shall be 

entitled to payments under section 9006 equal in the aggregate to an 

amount which bears the same ratio to the amount allowed under paragraph (1) for a major party as the number of popular votes received by 

such candidate in such election bears to the average number of popular 

votes received in such election by the candidates for President of the 

major parties. In the case of eligible candidates entitled to payments 

under paragraph (2), the amount allowable under this paragraph shall 

be limited to the amount, if any, by which the entitlement under the 

preceding sentence exceeds the amount of the entitlement under paragraph (2).

(b) Limitations. The aggregate payments to which the eligible candidates of a political party shall be entitled under subsections (a)(2) and (3) 

with respect to a presidential election shall not exceed an amount equal to 

the lower of—

(1) the amount of qualified campaign expenses incurred by 

such eligible candidates and their authorized committees, reduced by 

the amount of contributions to defray qualified campaign expenses received and expended or retained by such eligible candidates and such 

committees, or

(2) the aggregate payments to which the eligible candidates 

of a major party are entitled under subsection (a)(1), reduced by the 

amount of contributions described in paragraph (1) of this subsection.

(c) Restrictions. The eligible candidates of a political party shall be 

entitled to payments under subsection (a) only—
Title 26. Internal Reven

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§ 9004

(1) to defray qualified campaign expenses incurred by such 

eligible candidates or their authorized committees, or

(2) to repay loans the proceeds of which were used to defray 

such qualified campaign expenses, or otherwise to restore funds (other 

than contributions to defray qualified campaign expenses received and 

expended by such candidates or such committees) used to defray such 

qualified campaign expenses.

(d) Expenditures from personal funds. In order to be eligible to receive any payment under section 9006, the candidate of a major, minor, or 

new party in an election for the office of President shall certify to the Commission, under penalty of perjury, that such candidate will not knowingly 

make expenditures from his personal funds, or the personal funds of his immediate family, in connection with his campaign for election to the office of 

President in excess of, in the aggregate, $50,000. For purposes of this subsection, expenditures from personal funds made by a candidate of a major, 

minor, or new party for the office of Vice President shall be considered to be 

expenditures by the candidate of such party for the office of President.

(e) Definition of immediate family. For purposes of subsection (d), 

the term “immediate family” means a candidate’s spouse, and any child, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate, 

and the spouses of such persons.

§ 9005. Certification by Commission

(a) Initial certifications. Not later than 10 days after the candidates 

of a political party for President and Vice President of the United States have 

met all applicable conditions for eligibility to receive payments under this 

chapter set forth in section 9003, the Commission shall certify to the Secretary of the Treasury for payment to such eligible candidates under section 

9006 payment in full of amounts to which such candidates are entitled under 

section 9004.

(b) Finality of certifications and determinations. Initial certifications by the Commission under subsection (a), and all determinations made 

by it under this chapter, shall be final and conclusive, except to the extent 

that they are subject to examination and audit by the Commission under section 9007 and judicial review under section 9011.

§ 9006. Payments to eligible candidates

(a) Establishment of campaign fund. There is hereby established on 

the books of the Treasury of the United States a special fund to be known as 

the “Presidential Election Campaign Fund”. The Secretary of the Treasury 
Federal Election Campaign L

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§ 9006 

shall, from time to time, transfer to the fund an amount not in excess of the 

sum of the amounts designated (subsequent to the previous Presidential election) to the fund by individuals under section 6096. There is appropriated to 

the fund for each fiscal year, out of amounts in the general fund of the Treasury not otherwise appropriated, an amount equal to the amounts so designated during each fiscal year, which shall remain available to the fund without fiscal year limitation.

(b) Payments from the fund. Upon receipt of a certification from the 

Commission under section 9005 for payment to the eligible candidates of a 

political party, the Secretary of the Treasury shall pay to such candidates out 

of the fund the amount certified by the Commission. Amounts paid to any 

such candidates shall be under the control of such candidates.

(c) Insufficient amounts in fund. If at the time of a certification by 

the Commission under section 9005 for payment to the eligible candidates of 

a political party, the Secretary determines that the moneys in the fund are not, 

or may not be, sufficient to satisfy the full entitlements of the eligible candidates of all political parties, he shall withhold from such payment such 

amount as he determines to be necessary to assure that the eligible candidates 

of each political party will receive their pro rata share of their full entitlement. 

Amounts withheld by reason of the preceding sentence shall be paid when 

the Secretary determines that there are sufficient moneys in the fund to pay 

such amounts, or portions thereof, to all eligible candidates from whom 

amounts have been withheld, but, if there are not sufficient moneys in the 

fund to satisfy the full entitlement of the eligible candidates of all political 

parties, the amounts so withheld shall be paid in such manner that the eligible 

candidates of each political party receive their pro rata share of their full entitlement. In any case in which the Secretary determines that there are insufficient moneys in the fund to make payments under subsection (b), section 

9008(i)(2),2 and section 9037(b), moneys shall not be made available from 

any other source for the purpose of making such payments.

§ 9007. Examinations and audits; repayments

(a) Examinations and audits. After each presidential election, the 

Commission shall conduct a thorough examination and audit of the qualified 

campaign expenses of the candidates of each political party for President and 

Vice President.

(b) Repayments.

 2 The Gabriella Miller Kids First Research Act, Pub. L. No. 113-94, 128 Stat. 1085. amended section 

9006(c) to change a cross-reference to section 9008. This amendment took effect on April 3, 2014.
Title 26. Internal Reven

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§ 9007

(1) If the Commission determines that any portion of the payments made to the eligible candidates of a political party under section 

9006 was in excess of the aggregate payments to which candidates 

were entitled under section 9004, it shall so notify such candidates, and 

such candidates shall pay to the Secretary of the Treasury an amount 

equal to such portion.

(2) If the Commission determines that the eligible candidates 

of a political party and their authorized committees incurred qualified 

campaign expenses in excess of the aggregate payments to which the 

eligible candidates of a major party were entitled under section 9004, 

it shall notify such candidates of the amount of such excess and such 

candidates shall pay to the Secretary of the Treasury an amount equal 

to such amount.

(3) If the Commission determines that the eligible candidates 

of a major party or any authorized committee of such candidates accepted contributions (other than contributions to make up deficiencies 

in payments out of the fund on account of the application of section

9006(c)) to defray qualified campaign expenses (other than qualified 

campaign expenses with respect to which payment is required under 

paragraph (2)), it shall notify such candidates of the amount of the contributions so accepted, and such candidates shall pay to the Secretary 

of the Treasury an amount equal to such amount.

(4) If the Commission determines that any amount of any payment made to the eligible candidates of a political party under section 

9006 was used for any purpose other than—

(A) to defray the qualified campaign expenses with respect to which such payment was made, or

(B) to repay loans the proceeds of which were used, or 

otherwise to restore funds (other than contributions to defray 

qualified campaign expenses which were received and expended) which were used to defray such qualified campaign expenses, it shall notify such candidates of the amount so used, and 

such candidates shall pay to the Secretary of the Treasury an 

amount equal to such amount.

(5) No payment shall be required from the eligible candidates 

of a political party under this subsection to the extent that such payment, when added to other payments required from such candidates 

under this subsection, exceeds the amount of payments received by 

such candidates under section 9006.
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§ 9007 

(c) Notification. No notification shall be made by the Commission 

under subsection (b) with respect to a presidential election more than 3 years 

after the day of such election.

(d) Deposit of repayments. All payments received by the Secretary 

of the Treasury under subsection (b) shall be deposited by him in the general 

fund of the Treasury.

§ 9008. Payments for presidential nominating conventions

(a) Establishment of accounts. The Secretary shall maintain in the 

fund, in addition to any account which he maintains under section 9006(a), 

a separate account for the national committee of each major party and minor 

party. The Secretary shall deposit in each such account an amount equal to 

the amount which each such committee may receive under subsection (b). 

Such deposits shall be drawn from amounts designated by individuals under 

section 6096 and shall be made before any transfer is made to any account 

for any eligible candidate under section 9006(a).

(b) Entitlement to payments from the fund.

(1) Major parties. Subject to the provisions of this section, the 

national committee of a major party shall be entitled to payments under 

paragraph (3), with respect to any presidential nominating convention, 

in amounts which, in the aggregate, shall not exceed $4,000,000.

(2) Minor parties. Subject to the provisions of this section, the 

national committee of a minor party shall be entitled to payments under paragraph (3), with respect to any presidential nominating convention, in amounts which, in the aggregate, shall not exceed an amount 

which bears the same ratio to the amount the national committee of a 

major party is entitled to receive under paragraph (1) as the number of 

popular votes received by the candidate for president of the minor 

party, as such candidate, in the preceding Presidential election bears to 

the average number of popular votes received by the candidates for 

President of the United States of the major parties in the preceding 

Presidential election.

(3) Payments. Upon receipt of certification from the Commission under subsection (g), the Secretary shall make payments from the 

appropriate account maintained under subsection (a) to the national 

committee of a major party or minor party which elects to receive its 

entitlement under this subsection. Such payments shall be available for 

use by such committee in accordance with the provisions of subsection 

(c).
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§ 9008

(4) Limitation. Payments to the national committee of a major 

party or minor party under this subsection, from the account designated for such committee shall be limited to the amounts in such account at the time of payment.

(5) Adjustment of entitlements. The entitlements established 

by this subsection shall be adjusted in the same manner as expenditure 

limitations established by section 30116(b) and section 30116(d) of 

title 52, United States Code, are adjusted pursuant to the provisions of 

section 30116(c) of such title.

(c) Use of funds. No part of any payment made under subsection (b) 

shall be used to defray the expenses of any candidate or delegate who is participating in any presidential nominating convention. Such payments shall 

be used only—

(1) to defray expenses incurred with respect to a presidential 

nominating convention (including the payment of deposits) by or on 

behalf of the national committee receiving such payments; or

(2) to repay loans the proceeds of which were used to defray 

such expenses, or otherwise to restore funds (other than contributions 

to defray such expenses received by such committee) used to defray 

such expenses.

(d) Limitation of expenditures.

(1) Major parties. Except as provided by paragraph (3), the 

national committee of a major party may not make expenditures with 

respect to a presidential nominating convention which, in the aggregate, exceed the amount of payments to which such committee is entitled under subsection (b)(1).

(2) Minor parties. Except as provided by paragraph (3), the 

national committee of a minor party may not make expenditures with 

respect to a presidential nominating convention which, in the aggregate, exceed the amount of the entitlement of the national committee 

of a major party under subsection (b)(1).

(3) Exception. The Commission may authorize the national 

committee of a major party or minor party to make expenditures 

which, in the aggregate, exceed the limitation established by paragraph 

(1) or paragraph (2) of this subsection. Such authorization shall be 

based upon a determination by the Commission that, due to extraordinary and unforeseen circumstances, such expenditures are necessary 

to assure the effective operation of the presidential nominating convention by such committee.
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§ 9008 

(4) Provision of legal or accounting services. For purposes of 

this section, the payment, by any person other than the national committee of a political party (unless the person paying for such services 

is a person other than the regular employer of the individual rendering 

such services) of compensation to any individual for legal or accounting services rendered to or on behalf of the national committee of a 

political party shall not be treated as an expenditure made by or on 

behalf of such committee with respect to its limitations on presidential 

nominating convention expenses.

(e) Availability of payments. The national committee of a major 

party or minor party may receive payments under subsection (b)(3) beginning on July 1 of the calendar year immediately preceding the calendar year 

in which a presidential nominating convention of the political party involved 

is held.

(f) Transfer to the fund. If, after the close of a presidential nominating convention and after the national committee of the political party involved has been paid the amount which it is entitled to receive under this 

section, there are moneys remaining in the account of such national committee, the Secretary shall transfer the moneys so remaining to the fund.

(g) Certification by Commission. Any major party or minor party 

may file a statement with the Commission in such form and manner and at 

such times as it may require, designating the national committee of such 

party. Such statement shall include the information required by section

30103(b) of title 52, together with such additional information as the Commission may require. Upon receipt of a statement filed under the preceding 

sentences, the Commission promptly shall verify such statement according 

to such procedures and criteria as it may establish and shall certify to the 

Secretary for payment in full to any such committee of amounts to which 

such committee may be entitled under subsection (b). Such certifications 

shall be subject to an examination and audit which the Commission shall 

conduct no later than December 31 of the calendar year in which the presidential nominating convention involved is held.

(h) Repayments. The Commission shall have the same authority to 

require repayments from the national committee of a major party or a minor 

party as it has with respect to repayments from any eligible candidate under 

section 9007(b). The provisions of section 9007(c) and section 9007(d) shall 

apply with respect to any repayment required by the Commission under this 

subsection.
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§ 9008

(i)3 Termination of payments for conventions; Use of amounts for 

pediatric research initiative. Effective on the date of the enactment of the 

Gabriella Miller Kids First Research Act—

(1) the entitlement of any major party or minor party to a payment under this section shall terminate; and 

(2) all amounts in each account maintained for the national 

committee of a major party or minor party under this section shall be 

transferred to a fund in the Treasury to be known as the ‘10-Year Pediatric Research Initiative Fund’, which shall be available only for the 

purpose provided in section 402A(a)(2) of the Public Service Health 

Act, and only to the extent and in such amounts as are provided in 

advance in appropriation Acts.

§ 9009. Reports to Congress; regulations

(a)4 Reports. The Commission shall, as soon as practicable after each 

presidential election, submit a full report to the Senate and House of Representatives setting forth—

(1) the qualified campaign expenses (shown in such detail as 

the Commission determines necessary) incurred by the candidates of 

each political party and their authorized committees;

(2) the amounts certified by it under section 9005 for payment 

to the eligible candidates of each political party; and 

(3) the amount of payments, if any, required from such candidates under section 9007, and the reasons for each payment required.

Each report submitted pursuant to this section shall be printed as a Senate 

document.

(b) Regulations, etc. The Commission is authorized to prescribe 

such rules and regulations in accordance with the provisions of subsection 

(c), to conduct such examinations and audits (in addition to the examinations 

and audits required by section 9007(a)), to conduct such investigations, and 

to require the keeping and submission of such books, records, and information, as it deems necessary to carry out the functions and duties imposed 

on it by this chapter.

(c) Review of regulations.

(1) The Commission, before prescribing any rule or regulation under subsection (b), shall transmit a statement with respect to 

 3 The Gabriella Miller Kids First Research Act, Pub. L. No. 113-94, 128 Stat. 1085 (2013) amended section 

9008 by adding subsection (i). This amendment took effect April 3, 2014.

4 TheGabriella Miller Kids First Research Act, Pub. L. No. 113-94, § 2, 128 Stat. 1085, 1085-86, amended 

section 9009(a). This amendment took effect April 3, 2014.
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§ 9009 

such rule or regulation to the Senate and to the House of Representatives, in accordance with the provisions of this subsection. Such statement shall set forth the proposed rule or regulation and shall contain a 

detailed explanation and justification of such rule or regulation.

(2) If either such House does not, through appropriate action, 

disapprove the proposed rule or regulation set forth in such statement 

no later than 30 legislative days after receipt of such statement, then 

the Commission may prescribe such rule or regulation. Whenever a 

committee of the House of Representatives reports any resolution relating to any such rule or regulation, it is at any time thereafter in order 

(even though a previous motion to the same effect has been disagreed 

to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to the 

motion is not in order, and it is not in order to move to reconsider the 

vote by which the motion is agreed to or disagreed to. The Commission 

may not prescribe any rule or regulation which is disapproved by either 

such House under this paragraph.

(3) For purposes of this subsection, the term “legislative 

days” does not include any calendar day on which both Houses of the 

Congress are not in session.

(4) For purposes of this subsection, the term “rule or regulation” means a provision or series of interrelated provisions stating a 

single separable rule of law.

§ 9010. Participation by Commission in judicial proceedings

(a) Appearance by counsel. The Commission is authorized to appear in and defend against any action filed under section 9011, either by attorneys employed in its office or by counsel whom it may appoint without 

regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and whose compensation it may fix without 

regard to the provisions of chapter 51 and subchapter III of chapter 53 of 

such title.

(b) Recovery of certain payments. The Commission is authorized 

through attorneys and counsel described in subsection (a) to appear in the 

district courts of the United States to seek recovery of any amounts determined to be payable to the Secretary of the Treasury as a result of examination and audit made pursuant to section 9007.

(c) Declaratory and injunctive relief. The Commission is authorized through attorneys and counsel described in subsection (a) to petition the 

courts of the United States for declaratory or injunctive relief concerning any 

civil matter covered by the provisions of this subtitle or section 6096. Upon 
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§ 9010

application of the Commission an action brought pursuant to this subsection 

shall be heard and determined by a court of three judges in accordance with 

the provisions of section 2284 of title 28, United States Code, and any appeal 

shall lie to the Supreme Court.

(d) Appeal. The Commission is authorized on behalf of the United 

States to appeal from, and to petition the Supreme Court for certiorari to review, judgments or decrees entered with respect to actions in which it appears pursuant to the authority provided in this section.

§ 9011. Judicial review

(a) Review of certification, determination, or other action by the 

Commission. Any certification, determination, or other action by the Commission made or taken pursuant to the provisions of this chapter shall be 

subject to review by the United States Court of Appeals for the District of 

Columbia upon petition filed in such Court by any interested person. Any 

petition filed pursuant to this section shall be filed within thirty days after 

the certification, determination, or other action by the Commission for which 

review is sought.

(b) Suits to implement chapter.

(1) The Commission, the national committee of any political 

party, and individuals eligible to vote for President are authorized to 

institute such actions, including actions for declaratory judgment or 

injunctive relief, as may be appropriate to implement or construe any 

provisions of this chapter.

(2) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this subsection and shall exercise the same without regard to whether a person asserting rights under provisions of this subsection shall have exhausted any administrative or other remedies that may be provided at law. Such proceedings 

shall be heard and determined by a court of three judges in accordance 

with the provisions of section 2284 of title 28, United States Code, and 

any appeal shall lie to the Supreme Court.

§ 9012. Criminal penalties

(a) Excess expenses.

(1) It shall be unlawful for an eligible candidate of a political 

party for President and Vice President in a presidential election or any 

of his authorized committees knowingly and willfully to incur qualified campaign expenses in excess of the aggregate payments to which 
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§ 9012 

the eligible candidates of a major party are entitled under section 9004 

with respect to such election.5

(2) Any person who violates paragraph (1) shall be fined not 

more than $5,000, or imprisoned not more than one year, or both. In 

the case of a violation by an authorized committee, any officer or 

member of such committee who knowingly and willfully consents to 

such violation shall be fined not more than $5,000, or imprisoned not 

more than one year, or both.

(b) Contributions.

(1) It shall be unlawful for an eligible candidate of a major 

party in a presidential election or any of his authorized committees 

knowingly and willfully to accept any contribution to defray qualified 

campaign expenses, except to the extent necessary to make up any deficiency in payments received out of the fund on account of the application of section 9006(c), or to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(l1).

(2) It shall be unlawful for an eligible candidate of a political 

party (other than a major party) in a presidential election or any of his 

authorized committees knowingly and willfully to accept and expend 

or retain contributions to defray qualified campaign expenses in an 

amount which exceeds the qualified campaign expenses incurred with 

respect to such election by such eligible candidate and his authorized 

committees.

(3) Any person who violates paragraph (1) or (2) shall be 

fined not more than $5,000, or imprisoned not more than one year, or 

both. In the case of a violation by an authorized committee, any officer 

or member of such committee who knowingly and willfully consents 

to such violation shall be fined not more than $5,000, or imprisoned 

not more than one year, or both.

(c) Unlawful use of payments.

(1) It shall be unlawful for any person who receives any payment under section 9006, or to whom any portion of any payment received under such section is transferred, knowingly and willfully to 

use, or authorize the use of, such payment or such portion for any purpose other than—

(A) to defray the qualified campaign expenses with respect to which such payment was made, or

 5 Gabriella Miller Kids First Research Act, Pub. L. No. 113-94, § 2, 128 Stat. 1085, 1086, amended section 

9012(a)(1). This amendment took effect April 3, 2014.
Title 26. Internal Reven

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§ 9012

(B) to repay loans the proceeds of which were used, or 

otherwise to restore funds (other than contributions to defray 

qualified campaign expenses which were received and expended) which were used, to defray such qualified campaign expenses.6

(2) Any person who violates paragraph (1) shall be fined not 

more than $10,000, or imprisoned not more than five years, or both.

(d) False statements, etc.

(1) It shall be unlawful for any person knowingly and willfully—

(A) to furnish any false, fictitious, or fraudulent evidence, books, or information to the Commission under this subtitle, or to include in any evidence, books, or information so furnished any misrepresentation of a material fact, or to falsify or 

conceal any evidence, books, or information relevant to a certification by the Commission or an examination and audit by the 

Commission under this chapter; or

(B) to fail to furnish to the Commission any records, 

books, or information requested by it for purposes of this chapter.

(2) Any person who violates paragraph (1) shall be fined not 

more than $10,000, or imprisoned not more than five years, or both.

(e) Kickbacks and illegal payments.7

(1) It shall be unlawful for any person knowingly and willfully to give or accept any kickback or any illegal payment in connection with any qualified campaign expense of eligible candidates or 

their authorized committees. 

(2) Any person who violates paragraph (1) shall be fined not 

more than $10,000, or imprisoned not more than five years, or both.

(3) In addition to the penalty provided by paragraph (2), any 

person who accepts any kickback or illegal payment in connection 

with any qualified campaign expense of eligible candidates or their 

authorized committees shall pay to the Secretary of the Treasury, for 

deposit in the general fund of the Treasury, an amount equal to 125 

percent of the kickback or payment received.

 6 Gabriella Miller Kids First Research Act, Pub. L. No. 113-94, § 2, 128 Stat. 1085, 1086, deleted section

9012(c)(2). This amendment took effect April 3, 2014.

7 Gabriella Miller Kids First Research Act, Pub. L. No. 113-94, § 2, 128 Stat. 1085, 1086, amended section 

9012(e)(1) and (e)(3). This amendment took effect April 3, 2014.
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§ 9012

(f) Unauthorized expenditures and contributions.8

(1) Except as provided in paragraph (2), it shall be unlawful 

for any political committee which is not an authorized committee with 

respect to the eligible candidates of a political party for President and 

Vice President in a presidential election knowingly and willfully to 

incur expenditures to further the election of such candidates, which 

would constitute qualified campaign expenses if incurred by an authorized committee of such candidates, in an aggregate amount exceeding 

$1,000.

(2) This subsection shall not apply to—

(A) expenditures by a broadcaster regulated by the Federal Communications Commission, or by a periodical publication, in reporting the news or in taking editorial positions, or

(B) expenditures by any organization described in section 501(c) of this title which is exempt from tax under section

501(a) of this title in communicating to its members the views 

of that organization.

(3) Any political committee which violates paragraph (1) 

shall be fined not more than $5,000, and any officer or member of such 

committee who knowingly and willfully consents to such violation and 

any other individual who knowingly and willfully violates paragraph 

(1) shall be fined not more than $5,000, or imprisoned not more than 

one year, or both.

(g) Unauthorized disclosure of information.

(1) It shall be unlawful for any individual to disclose any information obtained under the provisions of this chapter except as may 

be required by law.

(2) Any person who violates paragraph (1) shall be fined not 

more than $5,000, or imprisoned not more than one year, or both.

 8 The Supreme Court has held that section 9012(f) is unconstitutional on its face. FEC v. Nat’l Conservative 

Political Action Comm., 470 U.S. 480 (1985).
Title 26. Internal Reven

109

Chapter 96—Presidential Primary Matching Payment 

Account

§ 9031. Short title

This chapter may be cited as the “Presidential Primary Matching Payment Account Act.”

§ 9032. Definitions

For the purposes of this chapter—

(1) The term “authorized committee” means, with respect to the 

candidates of a political party for President and Vice President of the United 

States, any political committee which is authorized in writing by such candidates to incur expenses to further the election of such candidates. Such 

authorization shall be addressed to the chairman of such political committee, 

and a copy of such authorization shall be filed by such candidates with the 

Commission. Any withdrawal of any authorization shall also be in writing 

and shall be addressed and filed in the same manner as the authorization.

(2) The term “candidate” means an individual who seeks nomination for election to be President of the United States. For purposes of this 

paragraph, an individual shall be considered to seek nomination for election 

if he—

(A) takes the action necessary under the law of a State to qualify himself for nomination for election,

(B) receives contributions or incurs qualified campaign expenses, or

(C) gives his consent for any other person to receive contributions or to incur qualified campaign expenses on his behalf.

The term “candidate” shall not include any individual who is not actively 

conducting campaigns in more than one State in connection with seeking

nomination for election to be President of the United States.

(3) The term “Commission” means the Federal Election Commission established by section 30106(a)(1) of title 52.

(4) Except as provided by section 9034(a), the term “contribution”—

(A) means a gift, subscription, loan, advance, or deposit of 

money, or anything of value, the payment of which was made on or 

after the beginning of the calendar year immediately preceding the calendar year of the presidential election with respect to which such gift,

subscription, loan, advance, or deposit of money, or anything of value, 

is made, for the purpose of influencing the result of a primary election,
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§ 9032 

(B) means a contract, promise, or agreement, whether or not 

legally enforceable, to make a contribution for any such purpose,

(C) means funds received by a political committee which are 

transferred to that committee from another committee, and

(D) means the payment by any person other than a candidate, 

or his authorized committee, of compensation for the personal services 

of another person which are rendered to the candidate or committee 

without charge, but

(E) does not include—

(i) except as provided in subparagraph (D), the value 

of personal services rendered to or for the benefit of a candidate by an individual who receives no compensation for rendering such service to or for the benefit of the candidate, or

(ii) payments under section 9037.

(5) The term “matching payment account” means the Presidential

Primary Matching Payment Account established under section 9037(a).

(6) The term “matching payment period” means the period beginning with the beginning of the calendar year in which a general election for 

the office of President of the United States will be held and ending on the 

date on which the national convention of the party whose nomination a candidate seeks nominates its candidate for the office of President of the United 

States, or, in the case of a party which does not make such nomination by 

national convention, ending on the earlier of—

(A) the date such party nominates its candidate for the office 

of President of the United States, or

(B) the last day of the last national convention held by a major 

party during such calendar year.

(7) The term “primary election” means an election, including a runoff election or a nominating convention or caucus held by a political party, 

for the selection of delegates to a national nominating convention of a political party, or for the expression of a preference for the nomination of persons 

for election to the office of President of the United States.

(8) The term “political committee” means any individual, committee, association, or organization (whether or not incorporated) which accepts 

contributions or incurs qualified campaign expenses for the purpose of influencing, or attempting to influence, the nomination of any person for election 

to the office of President of the United States.

(9) The term “qualified campaign expense” means a purchase, payment, distribution, loan, advance, deposit, or gift of money or of anything of 

value—
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§ 9032

(A) incurred by a candidate, or by his authorized committee, 

in connection with his campaign for nomination for election, and

(B) neither the incurring nor payment of which constitutes a 

violation of any law of the United States or of the State in which the 

expense is incurred or paid.

For purposes of this paragraph, an expense is incurred by a candidate or by 

an authorized committee if it is incurred by a person specifically authorized 

in writing by the candidate or committee, as the case may be, to incur such 

expense on behalf of the candidate or the committee.

(10) The term “State” means each State of the United States and the 

District of Columbia.

§ 9033. Eligibility for payments

(a) Conditions. To be eligible to receive payments under section

9037, a candidate shall, in writing—

(1) agree to obtain and furnish to the Commission any evidence it may request of qualified campaign expenses,

(2) agree to keep and furnish to the Commission any records, 

books, and other information it may request, and

(3) agree to an audit and examination by the Commission under section 9038 and to pay any amounts required to be paid under 

such section.

(b) Expense limitation; declaration of intent; minimum contributions. To be eligible to receive payments under section 9037, a candidate 

shall certify to the Commission that—

(1) the candidate and his authorized committees will not incur 

qualified campaign expenses in excess of the limitations on such expenses under section 9035,

(2) the candidate is seeking nomination by a political party for 

election to the office of President of the United States,

(3) the candidate has received matching contributions which 

in the aggregate, exceed $5,000 in contributions from residents of each 

of at least 20 States, and

(4) the aggregate of contributions certified with respect to any 

person under paragraph (3) does not exceed $250.

(c) Termination of payments.

(1) General rule. Except as provided by paragraph (2), no 

payment shall be made to any individual under section 9037—

(A) if such individual ceases to be a candidate as a result 

of the operation of the last sentence of section 9032(2); or
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§ 9033 

(B) more than 30 days after the date of the second consecutive primary election in which such individual receives less 

than 10 percent of the number of votes cast for all candidates of 

the same party for the same office in such primary election, if 

such individual permitted or authorized the appearance of his 

name on the ballot, unless such individual certifies to the Commission that he will not be an active candidate in the primary 

involved.

(2) Qualified campaign expenses; payments to Secretary. Any 

candidate who is ineligible under paragraph (1) to receive any payments under section 9037 shall be eligible to continue to receive payments under section 9037 to defray qualified campaign expenses incurred before the date upon which such candidate becomes ineligible 

under paragraph (1).

(3) Calculation of voting percentage. For purposes of paragraph (1)(B), if the primary elections involved are held in more than 

one State on the same date, a candidate shall be treated as receiving 

that percentage of the votes on such date which he received in the primary election conducted on such date in which he received the greatest 

percentage vote.

(4) Reestablishment of eligibility.

(A) In any case in which an individual is ineligible to 

receive payments under section 9037 as a result of the operation 

of paragraph (1)(A), the Commission may subsequently determine that such individual is a candidate upon a finding that such 

individual is actively seeking election to the office of President 

of the United States in more than one State. The Commission 

shall make such determination without requiring such individual 

to reestablish his eligibility to receive payments under subsection (a).

(B) Notwithstanding the provisions of paragraph 

(1)(B), a candidate whose payments have been terminated under 

paragraph (1)(B) may again receive payments (including 

amounts he would have received but for paragraph (1)(B)) if he

receives 20 percent or more of the total number of votes cast for 

candidates of the same party in a primary election held after the 

date on which the election was held which was the basis for terminating payments to him.
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§ 9034

§ 9034. Entitlement of eligible candidates to payments

(a) In general. Every candidate who is eligible to receive payments 

under section 9033 is entitled to payments under section 9037 in an amount 

equal to the amount of each contribution received by such candidate on or 

after the beginning of the calendar year immediately preceding the calendar 

year of the presidential election with respect to which such candidate is seeking nomination, or by his authorized committees, disregarding any amount 

of contributions from any person to the extent that the total of the amounts 

contributed by such person on or after the beginning of such preceding calendar year exceeds $250. For purposes of this subsection and section 

9033(b), the term “contribution” means a gift of money made by a written 

instrument which identifies the person making the contribution by full name 

and mailing address, but does not include a subscription, loan, advance, or 

deposit of money, or anything of value or anything described in subparagraph (B), (C), or (D) of section 9032(4).

(b) Limitations. The total amount of payments to which a candidate 

is entitled under subsection (a) shall not exceed 50 percent of the expenditure 

limitation applicable under section 30116(b)(1)(A) of title 52.

§ 9035. Qualified campaign expense limitations

(a) Expenditure limitations. No candidate shall knowingly incur 

qualified campaign expenses in excess of the expenditure limitation applicable under section 30116(b)(1)(A) of title 52, and no candidate shall knowingly make expenditures from his personal funds, or the personal funds of 

his immediate family, in connection with his campaign for nomination for 

election to the office of President in excess of, in the aggregate, $50,000. 

(b) Definition of immediate family. For purposes of this section, the 

term “immediate family” means a candidate’s spouse, and any child, parent, 

grandparent, brother, half-brother, sister, or half-sister of the candidate, and 

the spouses of such persons.

§ 9036. Certification by Commission

(a) Initial certifications. Not later than 10 days after a candidate establishes his eligibility under section 9033 to receive payments under section 

9037, the Commission shall certify to the Secretary for payment to such candidate under section 9037 payment in full of amounts to which such candidate is entitled under section 9034. The Commission shall make such additional certifications as may be necessary to permit candidates to receive payments for contributions under section 9037.
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§ 9036 

(b) Finality of determinations. Initial certifications by the Commission under subsection (a), and all determinations made by it under this chapter, are final and conclusive, except to the extent that they are subject to examination and audit by the Commission under section 9038 and judicial review under section 9041.

§ 9037. Payments to eligible candidates

(a) Establishment of account. The Secretary shall maintain in the 

Presidential Election Campaign Fund established by section 9006(a), in addition to any account which he maintains under such section, a separate account to be known as the Presidential Primary Matching Payment Account. 

The Secretary shall deposit into the matching payment account, for use by 

the candidate of any political party who is eligible to receive payments under 

section 9033, the amount available after the Secretary determines that 

amounts for payments under section 9006(c) and for payments under section 

9008(b)(3) are available for such payments.

(b) Payments from the matching payment account. Upon receipt of 

a certification from the Commission under section 9036, but not before the 

beginning of the matching payment period, the Secretary shall promptly 

transfer the amount certified by the Commission from the matching payment 

account to the candidate. In making such transfers to candidates of the same 

political party, the Secretary shall seek to achieve an equitable distribution 

of funds available under subsection (a), and the Secretary shall take into account, in seeking to achieve an equitable distribution, the sequence in which 

such certifications are received.

§ 9038. Examinations and audits; repayments

(a) Examinations and audits. After each matching payment period, 

the Commission shall conduct a thorough examination and audit of the qualified campaign expenses of every candidate and his authorized committees 

who received payments under section 9037.

(b) Repayments.

(1) If the Commission determines that any portion of the payments made to a candidate from the matching payment account was in 

excess of the aggregate amount of payments to which such candidate 

was entitled under section 9034, it shall notify the candidate, and the 

candidate shall pay to the Secretary an amount equal to the amount of 

excess payments.
Title 26. Internal Reven

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§ 9038

(2) If the Commission determines that any amount of any payment made to a candidate from the matching payment account was 

used for any purpose other than—

(A) to defray the qualified campaign expenses with respect to which such payment was made, or

(B) to repay loans the proceeds of which were used, or 

otherwise to restore funds (other than contributions to defray 

qualified campaign expenses which were received and expended) which were used, to defray qualified campaign expenses, it shall notify such candidate of the amount so used, and 

the candidate shall pay to the Secretary an amount equal to such 

amount. 

(3) Amounts received by a candidate from the matching payment account may be retained for the liquidation of all obligations to 

pay qualified campaign expenses incurred for a period not exceeding

6 months after the end of the matching payment period. After all obligations have been liquidated, that portion of any unexpended balance 

remaining in the candidate’s accounts which bears the same ratio to 

the total unexpended balance as the total amount received from the 

matching payment account bears to the total of all deposits made into 

the candidate’s accounts shall be promptly repaid to the matching payment account.

(c) Notification. No notification shall be made by the Commission 

under subsection (b) with respect to a matching payment period more than 3

years after the end of such period.

(d) Deposit of repayments. All payments received by the Secretary 

under subsection (b) shall be deposited by him in the matching payment account.

§ 9039. Reports to Congress; regulations

(a) Reports. The Commission shall, as soon as practicable after each 

matching payment period, submit a full report to the Senate and House of 

Representatives setting forth—

(1) the qualified campaign expenses (shown in such detail as 

the Commission determines necessary) incurred by the candidates of 

each political party and their authorized committees,

(2) the amounts certified by it under section 9036 for payment 

to each eligible candidate, and

(3) the amount of payments, if any, required from candidates 

under section 9038, and the reasons for each payment required.
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§ 9039 

Each report submitted pursuant to this section shall be printed as a Senate 

document.

(b) Regulations, etc. The Commission is authorized to prescribe 

rules and regulations in accordance with the provisions of subsection (c), to 

conduct examinations and audits (in addition to the examinations and audits 

required by section 9038(a)), to conduct investigations, and to require the 

keeping and submission of any books, records, and information, which it determines to be necessary to carry out its responsibilities under this chapter.

(c) Review of regulations.

(1) The Commission, before prescribing any rule or regulation under subsection (b), shall transmit a statement with respect to 

such rule or regulation to the Senate and to the House of Representatives, in accordance with the provisions of this subsection. Such statement shall set forth the proposed rule or regulation and shall contain a 

detailed explanation and justification of such rule or regulation.

(2) If either such House does not, through appropriation action, disapprove the proposed rule or regulation set forth in such statement no later than 30 legislative days after receipt of such statement, 

then the Commission may prescribe such rule or regulation. Whenever 

a committee of the House of Representatives reports any resolution 

relating to any such rule or regulation, it is at any time thereafter in 

order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. 

The motion is highly privileged and is not debatable. An amendment 

to the motion is not in order, and it is not in order to move to reconsider 

the vote by which the motion is agreed to or disagreed to. The Commission may not prescribe any rule or regulation which is disapproved 

by either such House under this paragraph.

(3) For purposes of this subsection, the term “legislative 

days” does not include any calendar day on which both Houses of the 

Congress are not in session.

(4) For purposes of this subsection, the term “rule or regulation” means a provision or series of interrelated provisions stating a 

single separable rule of law.

§ 9040. Participation by Commission in judicial proceedings

(a) Appearance by counsel. The Commission is authorized to appear in and defend against any action instituted under this section, either by 

attorneys employed in its office or by counsel whom it may appoint without 

regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and whose compensation it may fix without 
Title 26. Internal Reven

117

§ 9040

regard to the provisions of chapter 51 and subchapter III of chapter 53 of 

such title.

(b) Recovery of certain payments. The Commission is authorized, 

through attorneys and counsel described in subsection (a), to institute actions 

in the district courts of the United States to seek recovery of any amounts 

determined to be payable to the Secretary as a result of an examination and 

audit made pursuant to section 9038.

(c) Injunctive relief. The Commission is authorized, through attorneys and counsel described in subsection (a), to petition the courts of the 

United States for such injunctive relief as is appropriate to implement any 

provision of this chapter.

(d) Appeal. The Commission is authorized on behalf of the United 

States to appeal from, and to petition the Supreme Court for certiorari to review, judgments or decrees entered with respect to actions in which it appears pursuant to the authority provided in this section.

§ 9041. Judicial review

(a) Review of agency action by the Commission. Any agency action 

by the Commission made under the provisions of this chapter shall be subject 

to review by the United States Court of Appeals for the District of Columbia 

Circuit upon petition filed in such court within 30 days after the agency action by the Commission for which review is sought.

(b) Review procedures. The provisions of chapter 7 of title 5, United 

States Code, apply to judicial review of any agency action, as defined in section 551(13) of title 5, United States Code, by the Commission.

§ 9042. Criminal penalties

(a) Excess campaign expenses. Any person who violates the provisions of section 9035 shall be fined not more than $25,000, or imprisoned 

not more than 5 years, or both. Any officer or member of any political committee who knowingly consents to any expenditure in violation of the provisions of section 9035 shall be fined not more than $25,000, or imprisoned 

not more than 5 years, or both.

(b) Unlawful use of payments.

(1) It is unlawful for any person who receives any payment 

under section 9037, or to whom any portion of any such payment is 

transferred, knowingly and willfully to use, or authorize the use of, 

such payment or such portion for any purpose other than—

(A) to defray qualified campaign expenses, or
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§ 9042

(B) to repay loans the proceeds of which were used, or 

otherwise to restore funds (other than contributions to defray 

qualified campaign expenses which were received and expended) which were used, to defray qualified campaign expenses.

(2) Any person who violates the provisions of paragraph (1)

shall be fined not more than $10,000, or imprisoned not more than 5

years, or both.

(c) False statements, etc.

(1) It is unlawful for any person knowingly and willfully—

(A) to furnish any false, fictitious, or fraudulent evidence, books, or information to the Commission under this 

chapter, or to include in any evidence, books, or information so 

furnished any misrepresentation of a material fact, or to falsify 

or conceal any evidence, books, or information relevant to a certification by the Commission or an examination and audit by the 

Commission under this chapter, or

(B) to fail to furnish to the Commission any records, 

books, or information requested by it for purposes of this chapter.

(2) Any person who violates the provisions of paragraph (1) 

shall be fined not more than $10,000, or imprisoned not more than 5 

years, or both.

(d) Kickbacks and illegal payments.

(1) It is unlawful for any person knowingly and willfully to 

give or accept any kickback or any illegal payment in connection with 

any qualified campaign expense of a candidate, or his authorized committees, who receives payments under section 9037.

(2) Any person who violates the provisions of paragraph (1) 

shall be fined not more than $10,000, or imprisoned not more than 5 

years, or both.

(3) In addition to the penalty provided by paragraph (2), any 

person who accepts any kickback or illegal payment in connection with 

any qualified campaign expense of a candidate or his authorized committees shall pay to the Secretary for deposit in the matching payment 

account, an amount equal to 125 percent of the kickback or payment 

received.
119

APPENDIX

This appendix includes excerpts from Federal election statutes in titles 2, 18, 

26, 28, 36 and 47, United States Code, over which the Commission has no jurisdiction. The appendix does not include the extensive provisions of the Ethics 

in Government Act of 1978, as amended, 5 U.S.C. appx. 6, §§ 101–111, which 

require candidates for Federal office to file personal financial disclosure statements.1

TITLE 2. THE CONGRESS

Chapter 65—Senate Officers and Administration

* * * * * * *

§ 6566. Authority to procure technical support and other services 

and incur travel expenses; payment of such expenses2

For the purpose of carrying out his duties under the Federal Election 

Campaign Act of 1971, the Secretary of the Senate is authorized, from and 

after July 1, 1972,

(1) to procure technical support services,

(2) to procure the temporary or intermittent services of individual 

technicians, experts, or consultants, or organizations thereof, in the same 

manner and under the same conditions, to the extent applicable, as a standing 

committee of the Senate may procure such services under section 4301(i) of 

this title,

(3) with the prior consent of the Government department or agency 

concerned and the Committee on Rules and Administration, to use on a reimbursable basis the services of personnel of any such department or agency, 

and

 1 Except for an incumbent President and Vice President, who file with the Director of the Office of Government Ethics, candidates for President and Vice President file with the Federal Election Commission. 

House candidates file with the Clerk of the U.S. House of Representatives and Senate candidates file with the 

Secretary of the U.S. Senate.

2 This section was formerly classified to 2 U.S.C. § 442, prior to editorial reclassification and renumbering 

as this section in 2014. The Energy and Water, Legislative Branch, and Military Construction and Veterans 

Affairs Appropriations Act, 2019, Pub. L. No. 115-244, Div. B, Title I, § 102, 132 Stat. 2897, 2926 (2018), 

amended 52 U.S.C. 30102(g) to make the FEC the official point of entry for all filings under the Federal 

Election Campaign Act. This amendment took effect September 21, 2018, and renders the duties under this 

provision obsolete.
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(4) to incur official travel expenses. 

Payments to carry out the provisions of this paragraph shall be made from 

funds included in the appropriation “Miscellaneous Items” under the heading 

“Contingent Expenses of the Senate” upon vouchers approved by the Secretary of the Senate. All sums received by the Secretary under authority of the 

Federal Election Campaign Act of 1971 shall be covered into the Treasury as 

miscellaneous receipts.

§ 6566
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TITLE 18. CRIMES AND CRIMINAL PROCEDURE 

Chapter 29—Elections and Political Activities

§ 594. Intimidation of voters

Whoever intimidates, threatens, coerces, or attempts to intimidate, 

threaten, or coerce, any other person for the purpose of interfering with the 

right of such other person to vote or to vote as he may choose, or of causing 

such other person to vote for, or not to vote for, any candidate for the office 

of President, Vice President, Presidential elector, Member of the Senate, 

Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, at any election held solely or in part for 

the purpose of electing such candidate, shall be fined under this title or imprisoned not more than one year, or both.

§ 595. Interference by administrative employees of Federal, State, 

or Territorial Governments

Whoever, being a person employed in any administrative position by 

the United States, or by any department or agency thereof, or by the District 

of Columbia or any agency or instrumentality thereof, or by any State, Territory, or Possession of the United States, or any political subdivision, municipality, or agency thereof, or agency of such political subdivision or municipality (including any corporation owned or controlled by any State, Territory, or Possession of the United States or by any such political subdivision, municipality, or agency), in connection with any activity which is financed in whole or in part by loans or grants made by the United States, or 

any department or agency thereof, uses his official authority for the purpose 

of interfering with, or affecting, the nomination or the election of any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from 

the District of Columbia, or Resident Commissioner, shall be fined under 

this title or imprisoned not more than one year, or both.

This section shall not prohibit or make unlawful any act by any officer 

or employee of any educational or research institution, establishment, 

agency, or system which is supported in whole or in part by any state or 

political subdivision thereof, or by the District of Columbia or by any Territory or Possession of the United States; or by any recognized religious, 

philanthropic or cultural organization.

* * * * * * *
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§ 597. Expenditures to influence voting

Whoever makes or offers to make an expenditure to any person, either 

to vote or withhold his vote, or to vote for or against any candidate; and

Whoever solicits, accepts, or receives any such expenditure in consideration of his vote or the withholding of his vote—

Shall be fined under this title or imprisoned not more than one year, or 

both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both.

§ 598. Coercion by means of relief appropriations

Whoever uses any part of any appropriation made by Congress for 

work relief, relief, or for increasing employment by providing loans and 

grants for public-works projects, or exercises or administers any authority 

conferred by any Appropriation Act for the purpose of interfering with, restraining, or coercing any individual in the exercise of his right to vote at any 

election, shall be fined under this title or imprisoned not more than one year, 

or both.

§ 599. Promise of appointment by candidate

Whoever, being a candidate, directly or indirectly promises or pledges 

the appointment, or the use of his influence or support for the appointment 

of any person to any public or private position or employment, for the purpose of procuring support in his candidacy shall be fined under this title or 

imprisoned not more than one year, or both; and if the violation was willful, 

shall be fined under this title or imprisoned not more than two years, or both.

§ 600. Promise of employment or other benefit for political activity

Whoever, directly or indirectly, promises any employment, position, 

compensation, contract, appointment, or other benefit, provided for or made 

possible in whole or in part by any Act of Congress, or any special consideration in obtaining any such benefit, to any person as consideration, favor, or 

reward for any political activity or for the support of or opposition to any 

candidate or any political party in connection with any general or special 

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, shall be fined under this title or imprisoned not more than one year, or 

both.

§ 597 
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§ 601. Deprivation of employment or other benefit for political contribution

(a) Whoever, directly or indirectly, knowingly causes or attempts to 

cause any person to make a contribution of a thing of value (including services) for the benefit of any candidate or any political party, by means of the 

denial or deprivation, or the threat of the denial or deprivation, of—

(1) any employment, position, or work in or for any agency or 

other entity of the Government of the United States, a State, or a political subdivision of a State, or any compensation or benefit of such employment, position, or work; or

(2) any payment or benefit of a program of the United States, 

a State, or a political subdivision of a State; if such employment, position, work, compensation, payment, or benefit is provided for or made 

possible in whole or in part by an Act of Congress, shall be fined under 

this title or imprisoned not more than one year, or both.

(b) As used in this section—

(1) the term “candidate” means an individual who seeks nomination for election, or election, to Federal, State, or local office, 

whether or not such individual is elected, and, for purposes of this paragraph, an individual shall be deemed to seek nomination for election, 

or election, to Federal, State, or local office, if he has—

(A) taken the action necessary under the law of a State

to qualify himself for nomination for election, or election, or

(B) received contributions or made expenditures, or has

given his consent for any other person to receive contributions 

or make expenditures, with a view to bringing about his nomination for election, or election, to such office;

(2) the term “election” means—

(A) a general, special primary, or runoff election,

(B) a convention or caucus of a political party held to 

nominate a candidate,

(C) a primary election held for the selection of delegates to a nominating convention of a political party,

(D) a primary election held for the expression of a preference for the nomination of persons for election to the office of 

President, and

(E) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United 

States or of any State; and

§ 601
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(3) the term “State” means a State of the United States, the 

District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.

§ 602. Solicitation of political contributions

(a) It shall be unlawful for—

(1) a candidate for the Congress;

(2) an individual elected to or serving in the office of Senator 

or Representative in, or Delegate or Resident Commissioner to, the 

Congress;

(3) an officer or employee of the United States or any department or agency thereof; or

(4) a person receiving any salary or compensation for services 

from money derived from the Treasury of the United States; to knowingly solicit any contribution within the meaning of section 301(8) of 

the Federal Election Campaign Act of 1971 (52 U.S.C. § 30101(8)) 

from any other such officer, employee, or person. Any person who violates this section shall be fined under this title or imprisoned not more 

than three years, or both.

(b) The prohibition in subsection (a) shall not apply to any activity 

of an employee (as defined in section 7322(l) of title 5) or any individual 

employed in or under the United States Postal Service or the Postal Regulatory Commission, unless that activity is prohibited by section 7323 or 7324 

of such title.

§ 603. Making political contributions

(a) It shall be unlawful for an officer or employee of the United 

States or any department or agency thereof, or a person receiving any salary 

or compensation for services from money derived from the Treasury of the 

United States, to make any contribution within the meaning of section 301(8) 

of the Federal Election Campaign Act of 1971 (52 U.S.C. § 30101(8)) to any 

other such officer, employee or person or to any Senator or Representative 

in, or Delegate or Resident Commissioner to, the Congress, if the person receiving such contribution is the employer or employing authority of the person making the contribution. Any person who violates this section shall be 

fined under this title or imprisoned not more than three years, or both.

(b) For purposes of this section, a contribution to an authorized committee as defined in section 302(e)(1) of the Federal Election Campaign Act 

of 1971 (52 U.S.C. § 30102(e)(1)) shall be considered a contribution to the 

individual who has authorized such committee.

§ 601
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125

(c) The prohibition in subsection (a) shall not apply to any activity 

of an employee (as defined in section 7322(l) of title 5) or any individual 

employed in or under the United States Postal Service or the Postal Regulatory Commission, unless that activity is prohibited by section 7323 or 7324 

of such title.

§ 604. Solicitation from persons on relief

Whoever solicits or receives or is in any manner concerned in soliciting or receiving any assessment, subscription, or contribution for any political purpose from any person known by him to be entitled to, or receiving 

compensation, employment, or other benefit provided for or made possible 

by any Act of Congress appropriating funds for work relief or relief purposes, 

shall be fined under this title or imprisoned not more than one year, or both.

§ 605. Disclosure of names of persons on relief

Whoever, for political purposes, furnishes or discloses any list or 

names of persons receiving compensation, employment or benefits provided 

for or made possible by any Act of Congress appropriating, or authorizing 

the appropriation of funds for work relief or relief purposes, to a political 

candidate, committee, campaign manager, or to any person for delivery to a 

political candidate, committee, or campaign manager; and Whoever receives 

any such list or names for political purposes—

Shall be fined under this title or imprisoned not more than one year, 

or both.

§ 606. Intimidation to secure political contributions

Whoever, being one of the officers or employees of the United States 

mentioned in section 602 of this title, discharges, or promotes, or degrades, 

or in any manner changes the official rank or compensation of any other officer or employee, or promises or threatens so to do, for giving or withholding or neglecting to make any contribution of money or other valuable thing 

for any political purpose, shall be fined under this title or imprisoned not 

more than three years, or both.

§ 607. Place of solicitation

(a) Prohibition.

(1) In general. It shall be unlawful for any person to solicit or 

receive a donation of money or other thing of value in connection with 

a Federal, State, or local election from a person who is located in a 

§ 603
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room or building occupied in the discharge of official duties by an officer or employee of the United States. It shall be unlawful for an individual who is an officer or employee of the Federal Government, including the President, vice President, and Members of Congress, to solicit or receive a donation of money or other thing of value in connection with a Federal, State, or local election, while in any room or building occupied in the discharge of official duties by an officer or employee of the United States, from any person.

(2) Penalty. A person who violates this section shall be fined 

not more than $5,000, imprisoned not more than 3 years, or both. 

(b) The prohibition in subsection (a) shall not apply to the receipt of

contributions by persons on the staff of a Senator or Representative in, or

Delegate or Resident Commissioner to, the Congress or Executive Office of 

the President, provided, that such contributions have not been solicited in any 

manner which directs the contributor to mail or deliver a contribution to any 

room, building, or other facility referred to in subsection (a), and provided 

that such contributions are transferred within seven days of receipt to a political committee within the meaning of section 302(e) of the Federal Election Campaign Act of 1971 (52 U.S.C. § 30102(e)).

* * * * * * *

§ 610. Coercion of political activity

It shall be unlawful for any person to intimidate, threaten, command, 

or coerce, or attempt to intimidate, threaten, command, or coerce, any employee of the Federal Government as defined in section 7322(l) of title 5, 

United States Code, to engage in, or not to engage in, any political activity, 

including, but not limited to, voting or refusing to vote for any candidate or 

measure in any election, making or refusing to make any political contribution, or working or refusing to work on behalf of any candidate. Any person 

who violates this section shall be fined under this title or imprisoned not more 

than three years, or both.

* * * * * * *

§ 1001. Statements of entries generally

(a) Except as otherwise provided in this section, whoever, in any 

matter within the jurisdiction of the executive, legislative, or judicial branch 

of the Government of the United States knowingly and willfully—

§ 607
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127

(1) falsifies, conceals, or covers up by any trick, scheme, or 

device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3) makes or uses any false writing or document knowing the 

same to contain any materially false, fictitious, or fraudulent statement 

or entry;

shall be fined under this title or imprisoned not more than 5 years, or if the 

offense involves international or domestic terrorism (as defined in section 

233i (of 18 U.S.C.)), imprisoned not more than 8 years, or both. If the matter 

relates to an offense under chapter 109A, 109B, or 117, or section 1591, then 

the term of imprisonment imposed under this section shall not be more than 

8 years.

(b) Subsection (a) does not apply to a party to a judicial proceeding, 

or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that 

proceeding.

(c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to—

(1) administrative matters, including a claim for payment, a 

matter related to the procurement of property or services, personnel or 

employment practices, or support services, or a document required by 

law, rule, or regulation to be submitted to the Congress or any office 

or officer within the legislative branch; or

(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the 

Congress, consistent with applicable rules of the House or Senate.

* * * * * * *

§ 1505. Obstruction of proceedings before departments, agencies and 

committees

Whoever, with intent to avoid, evade, prevent, or obstruct compliance, 

in whole or in part, with any civil investigative demand duly and properly 

made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; 

or attempts to do so or solicits another to do so; or 

§ 1001
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Whoever corruptly, or by threats or force, or by any threatening letter 

or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under 

which any pending proceeding is being had before any department or agency 

of the United States, or the due and proper exercise of the power of inquiry 

under which any inquiry or investigation is being had by either House, or 

any committee of either House, or any joint committee of the Congress—

Shall be fined under this title, or imprisoned not more than five years, 

or, if the offense involves international or domestic terrorism (as defined in 

section 2331 (of 18 U.S.C.)), imprisoned not more than 8 years, or both.

§ 1505
129

TITLE 26. INTERNAL REVENUE CODE

(Selected Excerpts)

§ 84. Transfer of appreciated property to political organizations1

(a) General rule. If—

(1) any person transfers property to a political organization,

and

(2) the fair market value of such property exceeds its adjusted

basis,

then for purposes of this chapter the transferor shall be treated as having sold 

such property to the political organization on the date of the transfer, and the 

transferor shall be treated as having realized an amount equal to the fair market value of such property on such date.

(b) Basis of property. In the case of a transfer of property to a 

political organization to which subsection (a) applies, the basis of such property in the hands of the political organization shall be the same as it would 

be in the hands of the transferor, increased by the amount of gain recognized 

to the transferor by reason of such transfer.

(c) Political organization defined. For purposes of this section, 

the term “political organization” has the meaning given to such term by section 527(e)(1).

* * * * * * *

§ 170. Charitable, etc., contributions and gifts

* * * * * * *

(c) Charitable contribution defined. For purposes of this section, the 

term “charitable contribution” means a contribution or gift to or for the use 

of—

(1) A State, a possession of the United States, or any political 

subdivision of any of the foregoing, or the United States or the District 

of Columbia, but only if the contribution or gift is made for exclusively 

public purposes.

(2) A corporation, trust, or community chest, fund, or foundation—

 1 Pub. L. No. 115-141, 132 Stat. 1186, amended section 84. The amendments took effect March 23, 2018.
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130

(A) created or organized in the United States or in any 

possession thereof, or under the law of the United States, any 

State, the District of Columbia, or any possession of the United 

States;

(B) organized and operated exclusively for religious, 

charitable, scientific, literary, or educational purposes, or to foster national or international amateur sports competition (but only 

if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or 

animals;

(C) no part of the net earnings of which inures to the benefit of any private shareholder or individual; and

(D) which is not disqualified for tax exemption under 

section 501(c)(3) by reason of attempting to influence legislation, 

and which does not participate in, or intervene in (including the 

publishing or distributing of statements), any political campaign 

on behalf of (or in opposition to) any candidate for public office.

A contribution or gift by a corporation to a trust, chest, fund, or foundation shall be deductible by reason of this paragraph only if it is to be 

used within the United States or any of its possessions exclusively for 

purposes specified in subparagraph (B). Rules similar to the rules of 

section 501(j) shall apply for purposes of this paragraph.

(3) A post or organization of war veterans, or an auxiliary unit 

or society of, or trust or foundation for, any such post or organization—

(A) organized in the United States or any of its possessions, and

(B) no part of the net earnings of which inures to the benefit of any private shareholder or individual.

(4) In the case of a contribution or gift by an individual, a domestic fraternal society, order, or association, operating under the lodge 

system, but only if such contribution or gift is to be used exclusively 

for religious, charitable, scientific, literary, or educational purposes, or 

for the prevention of cruelty to children or animals.

(5) A cemetery company owned and operated exclusively for 

the benefit of its members, or any corporation chartered solely for burial purposes as a cemetery corporation and not permitted by its charter 

to engage in any business not necessarily incident to that purpose, if 

such company or corporation is not operated for profit and no part of 

the net earnings of such company or corporation inures to the benefit 

of any private shareholder or individual.

§ 170 
Title 26. Internal Revenue

131

For purposes of this section, the term “charitable contribution” also 

means an amount treated under subsection (g) as paid for the use of an organization described in paragraph (2), (3), or (4).

* * * * * * *

§ 271. Debts owed by political parties, etc.

(a) General rule. In the case of a taxpayer (other than a bank as defined in section 581) no deduction shall be allowed under section 166 (relating to bad debts) or under section 165(g) (relating to worthlessness of securities) by reason of the worthlessness of any debt owed by a political party.

(b) Definitions.

(1) Political party. For purposes of subsection (a), the term

“political party” means—

(A) a political party;

(B) a national, State, or local committee of a political 

party; or

(C) a committee, association, or organization which accepts contributions or makes expenditures for the purpose of influencing or attempting to influence the election of presidential 

or vice-presidential electors or of any individual whose name is 

presented for election to any Federal, State, or local elective public office, whether or not such individual is elected.

(2) Contributions. For purposes of paragraph (1)(C), the term 

“contributions” includes a gift, subscription, loan, advance, or deposit, 

of money, or anything of value, and includes a contract, promise, or 

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

(3) Expenditures. For purposes of paragraph (1)(C), the term 

“expenditures” includes a payment, distribution, loan, advance, deposit, or gift, of money, or anything of value, and includes a contract, 

promise, or agreement to make an expenditure, whether or not legally 

enforceable.

(c) Exception. In the case of a taxpayer who uses an accrual method 

of accounting, subsection (a) shall not apply to a debt which accrued as a 

receivable on a bona fide sale of goods or services in the ordinary course of 

the taxpayer’s trade or business if—

(1) for the taxable year in which such receivable accrued, 

more than 30 percent of all receivables which accrued in the ordinary 

course of the trades and businesses of the taxpayer were due from political parties, and

§ 170
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(2) the taxpayer made substantial continuing efforts to collect 

on the debt.

§ 276. Certain indirect contributions to political parties

(a) Disallowance of deduction. No deduction otherwise allowable 

under this chapter shall be allowed for any amount paid or incurred for—

(1) advertising in a convention program of a political party, 

or in any other publication if any part of the proceeds of such publication directly or indirectly inures (or is intended to inure) to or for the 

use of a political party or a political candidate,

(2) admission to any dinner or program, if any part of the proceeds of such dinner or program directly or indirectly inures (or is 

intended to inure) to or for the use of a political party or a political 

candidate, or

(3) admission to an inaugural ball, inaugural gala, inaugural 

parade, or inaugural concert, or to any similar event which is identified 

with a political party or a political candidate.

(b) Definitions. For purposes of this section—

(1) Political party. The term “political party” means—

(A) a political party;

(B) a National, State, or local committee of a political 

party; or

(C) a committee, association, or organization, whether 

incorporated or not, which directly or indirectly accepts contributions (as defined in section 271(b)(2)) or makes expenditures 

(as defined in section 271(b)(3)) for the purpose of influencing 

or attempting to influence the selection, nomination, or election 

of any individual to any Federal, State, or local elective public 

office, or the election of presidential and vice-presidential electors, whether or not such individual or electors are selected, 

nominated, or elected.

(2) Proceeds inuring to or for the use of political candidates. 

Proceeds shall be treated as inuring to or for the use of a political candidate only if—

(A) such proceeds may be used directly or indirectly for 

the purpose of furthering his candidacy for selection, nomination, or election to any elective public office, and 

(B) such proceeds are not received by such candidate in 

the ordinary course of a trade or business (other than the trade 

or business of holding elective public office). 

§ 271 
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133

(c) Cross reference. For disallowance of certain entertainment, etc., 

expenses, see section 274.

* * * * * * *

§ 501. Exemption from tax on corporations, certain trusts, etc.

(a) Exemption from taxation. An organization described in subsection (c) or (d) or section 401(a) shall be exempt from taxation under this 

subtitle unless such exemption is denied under section 502 or 503.

* * * * * * *

(c) List of exempt organizations. The following organizations are 

referred to in subsection (a):

* * * * * * *

(3) Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to 

foster national or international amateur sports competition (but only if 

no part of its activities involve the provision of athletic facilities or 

equipment), or for the prevention of cruelty to children or animals, no 

part of the net earnings of which inures to the benefit of any private 

shareholder or individual, no substantial part of the activities of which 

is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), and which does 

not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.

(4) (A) Civic leagues or organizations not organized for 

profit but operated exclusively for the promotion of social welfare, or local associations of employees, the membership of 

which is limited to the employees of a designated person or persons in a particular municipality, and the net earnings of which 

are devoted exclusively to charitable, educational, or recreational purposes.

(B) Subparagraph (A) shall not apply to an entity unless 

no part of the net earnings of such entity inures to the benefit of 

any private shareholder or individual.

(5) Labor, agricultural, or horticultural organizations.

§ 276
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(6) Business leagues, chambers of commerce, real-estate 

boards, boards of trade, or professional football leagues (whether or 

not administering a pension fund for football players), not organized 

for profit and no part of the net earnings of which inures to the benefit 

of any private shareholder or individual.

(7) Clubs organized for pleasure, recreation, and other nonprofitable purposes, substantially all of the activities of which are for 

such purposes and no part of the net earnings of which inures to the 

benefit of any private shareholder.

* * * * * * *

§ 527. Political organizations2

(a) General rule. A political organization shall be subject to taxation under this subtitle only to the extent provided in this section. A political 

organization shall be considered an organization exempt from income taxes 

for the purpose of any law which refers to organizations exempt from income taxes.

(b) Tax Imposed. A tax is hereby imposed for each taxable year 

on the political organization taxable income of every political organization. Such tax shall be computed by multiplying the political organization 

taxable income by the highest rate of tax specified in section 11(b).

(c) Political organization taxable income defined.

(1) Taxable income defined. For purposes of this section, the 

political organization taxable income of any organization for any taxable year is an amount equal to the excess (if any) of—

(A) the gross income for the taxable year (excluding any 

exempt function income), over

(B) the deductions allowed by this chapter which are directly connected with the production of the gross income (excluding exempt function income), computed with the modifications provided in paragraph (2).

(2) Modifications. For purposes of this subsection—

(A) there shall be allowed a specific deduction of $100,

(B) no net operating loss deductions shall be allowed 

under section 172, and

(C) no deduction shall be allowed under part VIII of 

subchapter B (relating to special deductions for corporations).

 2 Pub. L. No. 115-97, 115 Stat. 97, struck former paragraph (b)(2), “Alternative Tax in case of Capital 

Gains.”

§ 501 
Title 26. Internal Revenue

135

(3) Exempt function income. For purposes of this subsection, the 

term “exempt function income” means any amount received as—

(A) a contribution of money or other property,

(B) membership dues, a membership fee or assessment 

from a member of the political organization,

(C) proceeds from a political fundraising or entertainment event, or proceeds from the sale of political campaign materials, which are not received in the ordinary course of any trade 

or business, or

(D) proceeds from the conducting of any bingo game (as 

defined in section 513(f)(2)),

to the extent such amount is segregated for use only for the exempt 

function of the political organization.

(d) Certain uses not treated as income to candidate. For purposes 

of this title, if any political organization—

(1) contributes any amount to or for the use of any political 

organization which is treated as exempt from tax under subsection (a) 

of this section,

(2) contributes any amount to or for the use of any organization described in paragraph (1) or (2) of section 509(a) which is exempt from tax under section 501(a), or

(3) deposits any amount in the general fund of the Treasury 

or in the general fund of any State or local government, such amount 

shall be treated as an amount not diverted for the personal use of the 

candidate or any other person. No deduction shall be allowed under 

this title for the contribution or deposit of any amount described in the 

preceding sentence.

(e) Other definitions. For purposes of this section—

(1) Political organization. The term “political organization” 

means a party, committee, association, fund, or other organization 

(whether or not incorporated) organized and operated primarily for the 

purpose of directly or indirectly accepting contributions or making expenditures, or both, for an exempt function.

(2) Exempt function. The term “exempt function” means the 

function of influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any Federal, State, 

or local public office or office in a political organization, or the election of Presidential or vice Presidential electors, whether or not such 

individual or electors are selected, nominated, elected, or appointed. 

Such term includes the making of expenditures relating to an office 

§ 527
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described in the preceding sentence which, if incurred by the individual, would be allowable as a deduction under section 162(a).

(3) Contributions. The term “contributions” has the meaning 

given to such term by section 271(b)(2).

(4) Expenditures. The term “expenditures” has the meaning 

given to such term by section 271(b)(3).

(5) Qualified state or local political organization.

(A) In general. The term “qualified State or local political organization” means a political organization—

(i) all the exempt functions of which are solely 

for the purposes of influencing or attempting to influence 

the selection, nomination, election, or appointment of any

individual to any State or local public office or office in a 

State or local political organization,

(ii) which is subject to State law that requires the 

organization to report (and it so reports)—

(I) information regarding each separate 

expenditure from and contribution to such organization, and

(II) information regarding the person who 

makes such contribution or receives such expenditure,

which would otherwise be required to be reported under 

this section, and

(iii) with respect to which the reports referred to in 

clause (ii) are (I) made public by the agency with which 

such reports are filed, and (II) made publicly available for 

inspection by the organization in the manner described in 

section 6104(d).

(B) Certain state law differences disregarded. An organization shall not be treated as failing to meet the requirements 

of subparagraph (A)(ii) solely by reason of 1 or more of the following:

(i) The minimum amount of any expenditure or 

contribution required to be reported under State law is not 

more than $300 greater than the minimum amount required to be reported under subsection (j).

(ii) The State law does not require the organization to identify 1 or more of the following:

(I) The employer of any person who 

makes contributions to the organization.

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(II) The occupation of any person who 

makes contributions to the organization.

(III) The employer of any person who receives expenditures from the organization.

(IV) The occupation of any person who receives expenditures from the organization.

(V) The purpose of any expenditure of the 

organization.

(VI) The date any contribution was made to 

the organization.

(VII) The date of any expenditure of the organization.

(C) De minimis errors. An organization shall not fail to 

be treated as a qualified State or local political organization 

solely because such organization makes de minimis errors in 

complying with the State reporting requirements and the public 

inspection requirements described in subparagraph (A) as long 

as the organization corrects such errors within a reasonable period after the organization becomes aware of such errors.

(D) Participation of federal candidate or officeholder.

The term “qualified State or local political organization” shall 

not include any organization otherwise described in subparagraph (A) if a candidate for nomination or election to Federal 

elective public office or an individual who holds such office—

(i) controls or materially participates in the direction of the organization,

(ii) solicits contributions to the organization (unless the Secretary determines that such solicitations resulted in de minimis contributions and were made without 

the prior knowledge and consent, whether explicit or implicit, of the organization or its officers, directors, agents, 

or employees), or

(iii) directs, in whole or in part, disbursements by 

the organization

(f) Exempt organization which is not political organization must 

include certain amounts in gross income.

(1) In general. If an organization described in section 501(c) 

which is exempt from tax under section 501(a) expends any amount 

during the taxable year directly (or through another organization) for 

an exempt function (within the meaning of subsection (e)(2)), then, 

notwithstanding any other provision of law, there shall be included in 

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the gross income of such organization for the taxable year, and shall 

be subject to tax under subsection (b) as if it constituted political organization taxable income, an amount equal to the lesser of—

(A) the net investment income of such organization for 

the taxable year, or

(B) the aggregate amount so expended during the taxable year for such an exempt function.

(2) Net investment income. For purposes of this subsection, 

the term “net investment income” means the excess of—

(A) the gross amount of income from interest, dividends, rents, and royalties, plus the excess (if any) of gains from 

the sale or exchange of assets over the losses from the sale or 

exchange of assets, over

(B) the deductions allowed by this chapter which are 

directly connected with the production of the income referred to 

in subparagraph (A). For purposes of the preceding sentence, 

there shall not be taken into account items taken into account 

for purposes of the tax imposed by section 511 (relating to tax 

on unrelated business income).

(3) Certain separate segregated funds. For purposes of this 

subsection and subsection (e)(1), a separate segregated fund (within 

the meaning of section 610 of Title 18 or of any similar State statute, 

or within the meaning of any State statute which permits the segregation of dues moneys for exempt functions (within the meaning of subsection (e)(2)) which is maintained by an organization described in 

section 501(c) which is exempt from tax under section 501(a) shall be 

treated as a separate organization.

(g) Treatment of newsletter funds.

(1) In general. For purposes of this section, a fund established 

and maintained by an individual who holds, has been elected to, or is 

a candidate (within the meaning of paragraph (3)) for nomination or 

election to, any Federal, State, or local elective public office for use by 

such individual exclusively for the preparation and circulation of such 

individual’s newsletter shall, except as provided in paragraph (2), be 

treated as if such fund constituted a political organization.

(2) Additional modifications. In the case of any fund described in paragraph (1)—

(A) the exempt function shall be only the preparation 

and circulation of the newsletter, and

(B) the specific deduction provided by subsection 

(c)(2)(A) shall be allowed.

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(3) Candidate. For purposes of paragraph (1), the term “candidate” means, with respect to any Federal, State, or local elective 

public office, an individual who—

(A) publicly announces that he is a candidate for nomination or election to such office, and

(B) meets the qualifications prescribed by law to hold 

such office.

(h) Special rule for principal campaign committees.

(1) In general. In the case of a political organization, which 

is a principal campaign committee, paragraph (1) of subsection (b) 

shall be applied by substituting “the appropriate rates” for “the highest 

rate”.

(2) Principal campaign committee defined.

(A) In general. For purposes of this subsection, the term

“principal campaign committee” means the political committee

designated by a candidate for Congress as his principal campaign 

committee for purposes of—

(i) section 302(e) of the Federal Election Campaign Act of 1971 (52 U.S.C. § 30102(e)), and

(ii) this subsection.

(B) Designation. A candidate may have only 1 designation in effect under subparagraph (A)(ii) at any time and such 

designation—

(i) shall be made at such time and in such manner as the Secretary may prescribe by regulations, and

(ii) once made, may be revoked only with the 

consent of the Secretary.

Nothing in this subsection shall be construed to require any designation where there is only one political committee with respect 

to a candidate.

(i) Organizations must notify Secretary that they are section 527 

organizations.

(1) In general. Except as provided in paragraph (5), an organization shall not be treated as an organization described in this section—

(A) unless it has given notice to the Secretary, electronically that it is to be so treated, or

(B) if the notice is given after the time required under 

paragraph (2), the organization shall not be so treated for any 

period before such notice is given or, in the case of any material 

change in the information required under paragraph (3), for the 

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period beginning on the date on which the material change occurs and ending on the date on which such notice is given.

(2) Time to give notice. The notice required under paragraph 

(1) shall be transmitted not later than 24 hours after the date on which 

the organization is established or, in the case of any material change in 

the information required under paragraph (3), not later than 30 days 

after such material change.

(3) Contents of notice. The notice required under paragraph (1) 

shall include information regarding—

(A) the name and address of the organization (including 

any business address, if different) and its electronic mailing address,

(B) the purpose of the organization,

(C) the names and addresses of its officers, highly 

compensated employees, contact person, custodian of records, 

and members of its Board of Directors,

(D) the name and address of, and relationship to, any 

related entities (within the meaning of section 168(h)(4)),

(E) whether the organization intends to claim an exemption from the requirements of subsection (j) or section 6033, 

and

(F) such other information as the Secretary may require 

to carry out the internal revenue laws.

(4) Effect of failure. In the case of an organization failing to 

meet the requirements of paragraph (1) for any period, the taxable 

income of such organization shall be computed by taking into account 

any exempt function income (and any deductions directly connected 

with the production of such income) or, in the case of a failure relating 

to a material change, by taking into account such income and deductions only during the period beginning on the date on which the material change occurs and ending on the date on which notice is given 

under this subsection. For purposes of the preceding sentence, the 

term “exempt function income” means any amount described in a 

subparagraph of subsection (c)(3), whether or not segregated for use 

for an exempt function.

(5) Exceptions. This subsection shall not apply to any organization—

(A) to which this section applies solely by reason of 

subsection (f)(1),

(B) which reasonably anticipates that it will not have 

gross receipts of $25,000 or more for any taxable year, or

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(C) which is a political committee of a State or local 

candidate or which is a State or local committee of a political 

party.

(6) Coordination with other requirements. This subsection 

shall not apply to any person required (without regard to this subsection) to report under the Federal Election Campaign Act of 1971 (52

U.S.C. § 30101 et seq.) as a political committee.

(j) Required disclosure of expenditures and contributions.

(1) Penalty for failure. In the case of—

(A) a failure to make the required disclosures under 

paragraph (2) at the time and in the manner prescribed therefor,

or

(B) a failure to include any of the information required 

to be shown by such disclosures or to show the correct information,

there shall be paid by the organization an amount equal to the rate of 

tax specified in subsection (b)(1) multiplied by the amount to which 

the failure relates. For purposes of subtitle F, the amount imposed by 

this paragraph shall be assessed and collected in the same manner as 

penalties imposed by section 6652(c).

(2) Required disclosure. A political organization which accepts a contribution or makes an expenditure, for an exempt function 

during any calendar year shall file with the Secretary either—

(A) (i) in the case of a calendar year in which a regularly scheduled election is held—

(I) quarterly reports, beginning with the 

first quarter of the calendar year in which a contribution is accepted or expenditure is made, which 

shall be filed not later than the fifteenth day after the 

last day of each calendar quarter, except that the report for the quarter ending on December 31 of such 

calendar year shall be filed not later than January 31 

of the following calendar year,

(II) a pre-election report, which shall be 

filed not later than the twelfth day before (or posted 

by registered or certified mail not later than the fifteenth day before) any election with respect to 

which the organization makes a contribution or expenditure, and which shall be complete as of the 

twentieth day before the election, and

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(III) a post-general election report, which 

shall be filed not later than the thirtieth day after the 

general election and which shall be complete as of 

the twentieth day after such general election, and

(ii) in the case of any other calendar year, a report

covering the period beginning January 1 and ending June 

30, which shall be filed no later than July 31 and a report 

covering the period beginning July 1 and ending December 

31, which shall be filed no later than January 31 of the following calendar year, or,

(B) monthly reports for the calendar year, beginning 

with the first month of the calendar year in which a contribution 

is accepted or expenditure is made, which shall be filed not later 

than the twentieth day after the last day of the month and shall be 

complete as if the last day of the month, except that, in lieu of 

filing the reports otherwise due in November and December of 

any year in which a regularly scheduled general election is held, 

a pre-general election report shall be filed in accordance with 

subparagraph (A)(i)(II), a post-general election report shall be 

filed in accordance with subparagraph (A)(i)(III), and a year-end 

report shall be filed not later than January 31 of the following 

calendar year.

(3) Contents of report. A report required under paragraph (2) 

shall contain the following information:

(A) The amount, date, and purpose of each expenditure 

made to a person if the aggregate amount of expenditures to 

such person during the calendar year equals or exceeds $500 and 

the name and address of the person (in the case of an individual, 

including the occupation and name of employer of such individual).

(B) The name and address (in the case of an individual, 

including the occupation and name of employer of such individual) of all contributors which contributed an aggregate 

amount of $200 or more to the organization during the calendar 

year and the amount and date of the contribution.

Any expenditure or contribution disclosed in a previous reporting period is not required to be included in the current reporting period.

(4) Contracts to spend or contribute. For purposes of this 

subsection, a person shall be treated as having made an expenditure 

or contribution if the person has contracted or is otherwise obligated 

to make the expenditure or contribution.

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(5) Coordination with other requirements. This subsection 

shall not apply—

(A) to any person required (without regard to this subsection) to report under the Federal Election Campaign Act of 

1971 (52 U.S.C. § 30101 et seq.) as a political committee,

(B) to any State or local committee of a political party 

or political committee of a State or local candidate,

(C) to any organization which is a qualified State or local political organization,

(D) to any organization which reasonably anticipates 

that it will not have gross receipts of $25,000 or more for any 

taxable year,

(E) to any organization to which this section applies 

solely by reason of subsection (f)(1), or

(F) with respect to any expenditure which is an independent expenditure (as defined in section 301 of such Act (52 

U.S.C. § 30101)).

(6) Election. For purposes of this subsection, the term “election” means—

(A) a general, special, primary, or runoff election for a

Federal office,

(B) a convention or caucus of a political party which has 

authority to nominate a candidate for Federal office,

(C) a primary election held for the selection of delegates to a national nominating convention of a political party, 

or

(D) a primary election held for the expression of a preference for the nomination of individuals for election to the office 

of President.

(7) Electronic filing. Any report required under paragraph (2) 

with respect to any calendar year shall be filed in electronic form if the 

organization has, or has reason to expect to have, contributions exceeding $50,000 or expenditures exceeding $50,000 in such calendar year.

(k) Public availability of notices and reports.

(1) In general. The Secretary shall make any notice described 

in subsection (i)(1) or report described in subsection (j)(7) available 

for public inspection on the Internet not later than 48 hours after such 

notice or report has been filed (in addition to such public availability 

as may be made under section 6104(d)(7)).

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(2) Access. The Secretary shall make the entire database of 

notices and reports which are made available to the public under paragraph (1) searchable by the following items (to the extent the items 

are required to be included in the notices and reports):

(A) Names, States, zip codes, custodians of records, directors, and general purposes of the organizations.

(B) Entities related to the organizations.

(C) Contributors to the organizations. 

(D) Employers of such contributors.

(E) Recipients of expenditures by the organizations.

(F) Ranges of contributions and expenditures.

(G) Time periods of the notices and reports. Such database shall be downloadable.

(l) Authority to waive. The Secretary may waive all or any portion 

of the—

(1) tax assessed on an organization by reason of the failure of 

the organization to comply with the requirements of subsection (i), or

(2) amount imposed under subsection (j) for a failure to comply with the requirements thereof,

on a showing that such failure was due to reasonable cause and not due to 

willful neglect.

* * * * * * *

§ 2501. Imposition of (gift) tax3

(a) Taxable transfers.

(1) General rule. A tax, computed as provided in section 2502, 

is hereby imposed for each calendar year on the transfer of property by 

gift during such calendar year by any individual, resident or nonresident.

* * * * * * *

(4) Transfers to political organizations. Paragraph (1) shall 

not apply to the transfer of money or other property to a political organization (within the meaning of section 527(e)(1)) for the use of 

such organization.

 3 Pub. L. No. 114–113, 129 Stat. 3120, amended section 2501(a) by adding new paragraph (6). The amendment applies to gifts made after Act’s enactment (Dec. 18, 2015).

§ 527 
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* * * * * * *

(6) Transfers to certain exempt organizations. Paragraph (1) 

shall not apply to the transfer of money or other property to an organization described in paragraph (4), (5), or (6) of section 501(c) and 

exempt from tax under section 501(a), for the use of such organization.

* * * * * * *

§ 6012. Persons required to make returns of income

(a) General rule. Returns with respect to income taxes under subtitle A shall be made by the following:

* * * * * * *

(6) Every political organization (within the meaning of section 527(e)(1)) and every fund treated under section 527(g) as if it constituted a political organization, which has political organization taxable income (within the meaning of section 527(c)(1)) for the taxable 

year;4

* * * * * * *

§ 6033. Returns by exempt organizations

(a) Organizations required to file.

(1) In general. Except as provided in paragraph (3), every organization exempt from taxation under section 501(a) shall file an annual return, stating specifically the items of gross income, receipts, and 

disbursements, and such other information for the purpose of carrying 

out the internal revenue laws as the Secretary may by forms or regulations prescribe, and shall keep such records, render under oath such 

statements, make such other returns, and comply with such rules and 

regulations as the Secretary may from time to time prescribe; except 

that, in the discretion of the Secretary, any organization described in 

 4 Pub. L. No. 115–141, 132 Stat. 1196, amended section 6012(a)(6). This amendment took effect March 

23, 2018.

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section 401(a) may be relieved from stating in its return any information which is reported in returns filed by the employer which established such organization.

(2) Being a party to certain reportable transactions. Every 

tax-exempt entity described in section 4965(c) shall file (in such form 

and manner and at such time as determined by the Secretary) a disclosure of—

(A) such entity’s being a party to any prohibited tax shelter transaction (as defined in section 4965(e)), and

(B) the identity of any other party to such transaction 

which is known by such tax-exempt entity.

(3) Exceptions from filing.

(A) Mandatory exceptions. Paragraph (1) shall not apply

to—

(i) churches, their integrated auxiliaries, and 

conventions or associations of churches,

(ii) any organization (other than a private foundation, as defined in section 509(a)) described in subparagraph (C), the gross receipts of which in each taxable year

are normally not more than $5,000, or

(iii) the exclusively religious activities of any religious order.

(B) Discretionary exceptions. The Secretary may relieve

any organization required under paragraph (1) (other than an organization described in section 509(a)(3)) to file an information 

return from filing such a return where he determines that such 

filing is not necessary to the efficient administration of the internal revenue laws.

(C) Certain organizations. The organizations referred 

to in subparagraph (A)(ii) are—

(i) a religious organization described in section

501(c)(3);

(ii) an educational organization described in section 170(b)(1)(A)(ii);

(iii) a charitable organization, or an organization 

for the prevention of cruelty to children or animals, described in section 501(c)(3), if such organization is supported, in whole or in part, by funds contributed by the 

United States or any State or political subdivision

thereof, or is primarily supported by contributions of the 

general public;

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(iv) an organization described in section 

501(c)(3), if such organization is operated, supervised, or 

controlled by or in connection with a religious organization described in clause (i);

(v) an organization described in section 501(c)(8); 

and

(vi) an organization described in section 501(c)(1),

if such organization is a corporation wholly owned by the 

United States or any agency or instrumentality thereof, or 

a wholly-owned subsidiary of such a corporation.

* * * * * * *

(e) Special rules relating to lobbying activities. 5

(1) Reporting requirements.

(A) In general. If this subsection applies to an organization for any taxable year, such organization—

(i) shall include on any return required to be 

filed under subsection (a) for such year information setting forth the total expenditures of the organization to 

which section 162(e)(1) applies and the total amount of 

the dues or other similar amounts paid to the organization 

to which such expenditures are allocable, and

(ii) except as provided in paragraphs (2)(A)(i) 

and (3), shall, at the time of assessment or payment of 

such dues or other similar amounts, provide notice to 

each person making such payment which contains a reasonable estimate of the portion of such dues or other similar amounts to which such expenditures are so allocable.

(B) Organizations to which subsection applies.

(i) In general. This subsection shall apply to 

any organization which is exempt from taxation under 

section 501 other than an organization described in section 501(c) (3).

(ii) Special rule for in-house expenditures. This 

subsection shall not apply to the in-house expenditures 

(within the meaning of section 162(e)(4)(B)(ii)) of an organization for a taxable year if such expenditures do not 

 5 Pub. L. No. 115-97, 131 Stat. 2129 amended 6033(e)(1)(B)(ii). This amendment took effect December 22, 

2017.

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exceed $2,000. In determining whether a taxpayer exceeds the $2,000 limit under this clause, there shall not be 

taken into account overhead costs otherwise allocable to 

activities described in subparagraphs (A) and (D) of section 162(e)(1).

(iii) Coordination with section 527(f). This subsection shall not apply to any amount on which tax is imposed by reason of section 527(f).

* * * * * * *

(g) Returns required by political organizations.

(1) In general. This section shall apply to a political organization (as defined by section 527(e)(1)) which has gross receipts of 

$25,000 or more for the taxable year. In the case of a political organization which is a qualified State or local political organization (as defined in section 527(e)(5)), the preceding sentence shall be applied by 

substituting “$100,000” for “$25,000”.

(2) Annual returns. Political organizations described in paragraph (1) shall file an annual return

(A) containing the information required, and complying 

with the other requirements, under subsection (a)(1) for organizations exempt from taxation under section 501(a), with such 

modifications as the Secretary considers appropriate to require 

only information which is necessary for the purposes of carrying 

out section 527, and

(B) containing such other information as the Secretary 

deems necessary to carry out the provisions of this subsection.

(3) Mandatory exceptions from filing. Paragraph (2) shall not 

apply to an organization

(A) which is a State or local committee of a political 

party, or political committee of a State or local candidate,

(B) which is a caucus or association of State or local officials,

(C) which is an authorized committee (as defined in 

section 301(6) of the Federal Election Campaign Act of 1971 

(52 U.S.C. § 30101(6)) of a candidate for Federal office,

(D) which is a national committee (as defined in section 301(14) of the Federal Election Campaign Act of 1971 (52 

U.S.C. § 30101(14)) of a political party,

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(E) which is a United States House of Representatives 

or United States Senate campaign committee of a political party 

committee,

(F) which is required to report under the Federal Election Campaign Act of 1971 as a political committee (as defined 

in section 301(4) of such Act (52 U.S.C. § 30101(4)), or

(G) to which section 527 applies for the taxable year 

solely by reason of subsection (f)(1) of such section.

(4) Discretionary exception. The Secretary may relieve any 

organization required under paragraph (2) to file an information return

from filing such a return if the Secretary determines that such filing is 

not necessary to the efficient administration of the internal revenue 

laws.

* * * * * * *

§ 6096. Designation by individuals [to Presidential Election Campaign Fund]

(a) In general. Every individual (other than a nonresident alien) 

whose income tax liability for the taxable year is $3 or more may designate 

that $3 shall be paid over to the Presidential Election Campaign Fund in 

accordance with the provisions of section 9006(a). In the case of a joint 

return of husband and wife having an income tax liability of $6 or more, 

each spouse may designate that $3 shall be paid to the fund.

(b) Income tax liability. For purposes of subsection (a), the income 

tax liability of an individual for any taxable year is the amount of the tax 

imposed by chapter 1 on such individual for such taxable year (as shown on 

his return), reduced by the sum of the credits (as shown in his return) allowable under part IV of subchapter A of chapter 1 (other than subpart C 

thereof).

(c) Manner and time of designation. A designation under subsection

(a) may be made with respect to any taxable year—

(1) at the time of filing the return of the tax imposed by chapter 

1 for such taxable year or

(2) at any other time (after the time of filing the return of the 

tax imposed by chapter 1 for such taxable year) specified in regulations 

prescribed by the Secretary.

Such designation shall be made in such manner as the Secretary prescribes 

by regulations except that, if such designation is made at the time of filing 

§ 6033
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the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page 

bearing the taxpayer’s signature.

§ 6104. Publicity of information required from certain exempt organizations and certain trusts.

(a) Inspection of applications for tax exemption or notice of status.

(1) Public inspection.

(A) Organizations described in section 501 or 527. If an 

organization described in section 501(c) or (d) is exempt from 

taxation under section 501(a) for any taxable year or a political 

organization is exempt from taxation under section 527 for any 

taxable year, the application filed by the organization with respect to which the Secretary made his determination that such 

organization was entitled to exemption under section 501(a) or 

notice of status filed by the organization under section 527(i), 

together with any papers submitted in support of such application or notice, and any letter or other document issued by the 

Internal Revenue Service with respect to such application or notice shall be open to public inspection at the national office of 

the Internal Revenue Service. In the case of any application or 

notice filed after the date of the enactment of this subparagraph, 

a copy of such application or notice and such letter or document 

shall be open to public inspection at the appropriate field office 

of the Internal Revenue Service (determined under regulations 

prescribed by the Secretary). Any inspection under this subparagraph may be made at such times, and in such manner, as the 

Secretary shall by regulations prescribe. After the application of 

any organization for exemption from taxation under section 

501(a) has been opened to public inspection under this subparagraph, the Secretary shall, on the request of any person with respect to such organization, furnish a statement indicating the 

subsection and paragraph of section 501 which it has been determined describes such organization.

* * * * * * *

(2) Inspection by committees of Congress. Section 6103(f)

shall apply with respect to—

(A) the application for exemption of any organization 

described in section 501(c) or (d) which is exempt from taxation 

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under section 501(a) for any taxable year or notice of status of 

any political organization which is exempt from taxation under 

section 527 for any taxable year, and any application referred to 

in subparagraph (B) of subsection (a)(1) of this section, and

(B) any other papers which are in the possession of the 

Secretary and which relate to such application, as if such papers 

constituted returns.

(3) Information available on Internet and in person.

(A) In general. The Secretary shall make publicly available, on the Internet and at the offices of the Internal Revenue 

Service—

(i) a list of all political organizations which file a 

notice with the Secretary under section 527(i), and

(ii) the name, address, electronic mailing address, 

custodian of records, and contact person for such organization.

(B) Time to make information available. The Secretary 

shall make available the information required under subparagraph (A) not later than 5 business days after the Secretary receives a notice from a political organization under section

527(i).

(b)6 Inspection of annual information returns. The information required to be furnished by sections 6033, 6034, and 6058, together with the 

names and addresses of such organizations and trusts, shall be made available 

to the public at such times and in such places as the Secretary may prescribe. 

Nothing in this subsection shall authorize the Secretary to disclose the name 

or address of any contributor to any organization or trust (other than a private 

foundation, as defined in section 509(a) or a political organization exempt

from taxation under section 527) which is required to furnish such information. In the case of an organization described in section 501(d), this subsection shall not apply to copies referred to in section 6031(b) with respect to 

such organization. In the case of a trust which is required to file a return under 

section 6034(a), this subsection shall not apply to information regarding beneficiaries which are not organizations described in section 170(c). Any annual 

return which is filed under section 6011 by an organization described in section 501(c)(3) and which relates to any tax imposed by section 511 (relating 

to imposition of tax on unrelated business income of charitable, etc., organizations) shall be treated for purposes of this subsection in the same manner 

as if furnished under section 6033.

 6 The Tax Technical Corrections Act of 2007, Pub. L. No. 110-172, § 3(g), 121 Stat. 2473, 2475, amended 

subsections (b) and (d).

§ 6104
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* * * * * * *

(d)7 Public inspection of certain annual returns, reports, applications for exemption, and notices of status.

(1) In general. In the case of an organization described in 

subsection (c) or (d) of section 501 and exempt from taxation under 

section 501(a) or an organization exempt from taxation under section

527(a)—

(A) a copy of—

(i) the annual return filed under section 6033 (relating to returns by exempt organizations) by such organization,

(ii) any annual return which is filed under section 

6011 by an organization described in section 501(c)(3) 

and which relates to any tax imposed by section 511 (relating to imposition of tax on unrelated business income 

of charitable, etc., organizations).

(iii) if the organization filed an application for 

recognition of exemption under section 501 or notice of 

status under section 527(i), the exempt status application 

materials or any notice materials of such organization, and

(iv) the reports filed under section 527(j) (relating 

to required disclosure of expenditures and contributions) 

by such organization,

shall be made available by such organization for inspection during regular business hours by any individual at the principal office of such organization and, if such organization regularly maintains 1 or more regional or district offices having 3 or more employees, at each such regional or district office, and

(B) upon request of an individual made at such principal 

office or such a regional or district office, a copy of such annual 

return, reports, and exempt status application materials or such 

notice materials shall be provided to such individual without 

charge other than a reasonable fee for any reproduction and mailing costs. The request described in subparagraph (B) must be 

made in person or in writing. If such request is made in person, 

 7 The Tax Technical Corrections Act of 2007, Pub. L. No. 110-172, § 3(g), 121 Stat. 2473, 2475, amended 

subsections (b) and (d).

§ 6104 
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153

such copy shall be provided immediately and, if made in writing, 

shall be provided within 30 days.

(2) 3-year limitation on inspection of returns. Paragraph (1) 

shall apply to an annual return filed under section 6011 or 6033 only 

during the 3-year period beginning on the last day prescribed for filing 

such return (determined with regard to any extension of time for filing).

(3) Exceptions from disclosure requirement.

(A) Nondisclosure of contributors, etc. In the case of an 

organization which is not a private foundation (within the meaning of section 509(a)) or a political organization exempt from 

taxation under section 527, paragraph (1) shall not require the 

disclosure of the name or address of any contributor to the organization. In the case of an organization described in section 

501(d), paragraph (1) shall not require the disclosure of the copies referred to in section 6031(b) with respect to such organization.

(B) Nondisclosure of certain other information. Paragraph (1) shall not require the disclosure of any information if 

the Secretary withheld such information from public inspection 

under subsection (a)(1)(D).

(4) Limitation on providing copies. Paragraph (1)(B) shall not 

apply to any request if, in accordance with regulations promulgated by 

the Secretary, the organization has made the requested documents 

widely available, or the Secretary determines, upon application by an 

organization, that such request is part of a harassment campaign and 

that compliance with such request is not in the public interest.

(5) Exempt status application materials. For purposes of paragraph (1), the term “exempt status application materials” means the 

application for recognition of exemption under section 501 and any 

papers submitted in support of such application and any letter or other 

document issued by the Internal Revenue Service with respect to such 

application.

(6)8 Application to nonexempt charitable trusts and nonexempt 

private foundations. The organizations referred to in paragraphs (1) 

and (2) of section 6033(d) shall comply with the requirements of this 

subsection relating to annual returns filed under section 6033 in the 

same manner as the organizations referred to in paragraph (1).

 8 Pub. L. No. 106-230, §§ 1(b), 2(b), 114 Stat. 479, 481 (2000), added two paragraphs (6). Pub. L. No. 106-

554, § 312, 114 Stat. 2763, 2763A-640 (2000), added a third paragraph (6).

§ 6104
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(6) Notice materials. For purposes of paragraph (1), the term 

“notice materials” means the notice of status filed under section 527(i) 

and any papers submitted in support of such notice and any letter or 

other document issued by the Internal Revenue Service with respect to 

such notice.

(6) Disclosure of reports by Internal Revenue Service. Any report filed by an organization report filed by an organization under section 527(j) (relating to required disclosure of expenditures and contributions) shall be made available to the public at such times and in such 

places as the Secretary may prescribe.

* * * * * * *

§ 6113. Disclosure of nondeductibility of contributions

(a) General rule. Each fundraising solicitation by (or on behalf of) 

an organization to which this section applies shall contain an express statement (in a conspicuous and easily recognizable format) that contributions or 

gifts to such organization are not deductible as charitable contributions for 

Federal income tax purposes.

(b) Organizations to which section applies.

(1) In general. Except as otherwise provided in this subsection, this section shall apply to any organization which is not described 

in section 170(c) and which—

(A) is described in subsection (c) (other than paragraph 

(1) thereof) or (d) of section 501 and exempt from taxation under section 501(a),

(B) is a political organization (as defined in section 

(527(e)), or

(C) was an organization described in subparagraph (A) 

or (B) at any time during the 5-year period ending on the date 

of the fundraising solicitation or is a successor to an organization so described at any time during such 5-year period.

(2) Exception for small organizations.

(A) Annual gross receipts do not exceed $100,000. This 

section shall not apply to any organization the gross receipts of 

which in each taxable year are normally not more than

$100,000.

(B) Multiple organization rule. The Secretary may treat 

any group of 2 or more organizations as 1 organization for purposes of subparagraph (A) where necessary or appropriate to 

§ 6104 
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prevent the avoidance of this section through the use of multiple 

organizations.

(3) Special rule for certain fraternal organizations. For purposes of paragraph (1), an organization described in section 170(c) (4) 

shall be treated as described in section 170(c) only with respect to solicitations for contributions or gifts which are to be used exclusively 

for purposes referred to in section 170(c)(4).

(c) Fundraising solicitation. For purposes of this section—

(1) In general. Except as provided in paragraph (2), the term 

“fundraising solicitation” means any solicitation of contributions or 

gifts which is made—

(A) in written or printed form, 

(B) by television or radio, or 

(C) by telephone.

(2) Exception for certain letters or calls. The term “fundraising solicitation” shall not include any letter or telephone call if such 

letter or call is not part of a coordinated fundraising campaign soliciting more than 10 persons during the calendar year.

§ 6652. Failure to file certain information returns, registration statements etc.

* * * * * * *

(c)9 Returns by exempt organizations and by certain trusts.

(1) Annual returns under section 6033(a)(1) or 6012(a)(6).

(A) Penalty on organization. In the case of—

(i) a failure to file a return required under section 

6033(a)(1) (relating to returns by exempt organizations) 

or section 6012(a)(6) (relating to returns by political organizations) on the date and in the manner prescribed 

therefor (determined with regard to any extension of time 

for filing), or

(ii) a failure to include any of the information required to be shown on a return filed under section 6033(a) 

(1) or section 6012(a)(6) or to show the correct information, there shall be paid by the exempt organization 

$20 for each day during which such failure continues.

 9 Pub. L. No. 114-113, 129 Stat. 3119 amended 26 U.S.C. 6652(c) by redesignating paragraphs (4) and (5) 

to (5) and (6), respectively. The amendments took effect on December 18, 2015.

§ 6113
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156

The maximum penalty under this subparagraph on failures with 

respect to any 1 return shall not exceed the less of $10,000 or 5

percent of the gross receipts of the organization for the year. In 

the case of an organization having gross receipts exceeding

$1,000,000 for any year, with respect to the return required under section 6033(a)(1) or section 6012(a)(6) for such year, the 

first sentence of this subparagraph shall be applied by substituting “$100” for “$20” and, in lieu of applying the second sentence of this subparagraph, the maximum penalty under this 

subparagraph shall not exceed $50,000.

(B) Managers.

(i) In general. The Secretary may make a written 

demand on any organization subject to penalty under subparagraph (A) specifying therein a reasonable future date 

by which the return shall be filed (or the information furnished) for purposes of this subparagraph.

(ii) Failure to comply with demand. If any person 

fails to comply with any demand under clause (i) on or 

before the date specified in such demand, there shall be 

paid by the person failing to so comply $10 for each day 

after the expiration of the time specified in such demand 

during which such failure continues. The maximum penalty imposed under this subparagraph on all persons for 

failures with respect to any 1 return shall not exceed 

$5,000.

(C) Public inspection of annual returns and reports. In

the case of a failure to comply with the requirements of section 

6104(d) with respect to any annual return on the date and in the

manner prescribed therefor (determined with regard to any extension of time for filing) or report required under section 527(j), 

there shall be paid by the person failing to meet such requirements $20 for each day during which such failure continues. The 

maximum penalty imposed under this subparagraph on all persons for failures with respect to any 1 return or report shall not 

exceed $10,000.

(D) Public inspection of applications for exemption and 

notice of status. In the case of a failure to comply with the requirements of section 6104(d) with respect any exempt status 

application materials (as defined in such section) or notice materials (as defined in such section) to on the date and in the manner prescribed therefor, there shall be paid by the person failing 

§ 6652 
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to meet such requirements $20 for each day during which such 

failure continues.

(E) No penalty for certain annual notices. This paragraph shall not apply with respect to any notice required under 

section 6033(i).

(2) Returns under section 6034 or 6043(b).

(A) Penalty on organization or trust. In the case of a 

failure to file a return required under section 6034 (relating to 

returns by certain trusts) or section 6043(b) (relating to terminations, etc., of exempt organizations), on the date and in the manner prescribed therefor (determined with regard to any extension 

of time for filing), there shall be paid by the exempt organization 

or trust failing so to file $10 for each day during which such 

failure continues, but the total amount imposed under this subparagraph on any organization or trust for failure to file any 1 

return shall not exceed $5,000.

(B) Managers. The Secretary may make written demand on an organization or trust failing to file under subparagraph (A) specifying therein a reasonable future date by which 

such filing shall be made for purposes of this subparagraph. If 

such filing is not made on or before such date, there shall be paid 

by the person failing so to file $10 for each day after the expiration of the time specified in the written demand during which 

such failure continues, but the total amount imposed under this 

subparagraph on all persons for failure to file any 1 return shall 

not exceed $5,000.

* * * * * * *

(5) Reasonable cause exception. No penalty shall be imposed under this subsection with respect to any failure if it is shown 

that such failure is due to reasonable cause.

(6) Other special rules.

(A) Treatment as tax. Any penalty imposed under this 

subsection shall be paid on notice and demand of the Secretary 

and in the same manner as tax.

(B) Joint and several liability. If more than 1 person is 

liable under this subsection for any penalty with respect to any 

failure, all such persons shall be jointly and severally liable 

with respect to such failure.

§ 6652
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(C) Person. For purposes of this subsection, the term 

“person” means any officer, director, trustee, employee, or other 

individual who is under a duty to perform the act in respect of 

which the violation occurs.

* * * * * * *

§ 6710. Failure to disclose that contributions are nondeductible

(a) Imposition of penalty. If there is a failure to meet the requirement 

of section 6113 with respect to a fundraising solicitation by (or on behalf of) 

an organization to which section 6113 applies, such organization shall pay a 

penalty of $1,000 for each day on which such a failure occurred. The maximum penalty imposed under this subsection on failures by any organization 

during any calendar year shall not exceed $10,000.

(b) Reasonable cause exception. No penalty shall be imposed under 

this section with respect to any failure if it is shown that such failure is due 

to reasonable cause.

(c) $10,000 limitation not to apply where intentional disregard. If 

any failure to which subsection (a) applies is due to intentional disregard of 

the requirement of section 6113—

(1) the penalty under subsection (a) for the day on which such 

failure occurred shall be the greater of—

(A) $1,000, or

(B) 50 percent of the aggregate cost of the solicitations 

which occurred on such day and with respect to which there was 

such a failure,

(2) the $10,000 limitation of subsection (a) shall not apply to 

any penalty under subsection (a) for the day on which such failure 

occurred, and

(3) such penalty shall not be taken into account in applying 

such limitation to other penalties under subsection (a).

(d) Day on which failure occurs. For purposes of this section, any 

failure to meet the requirement of section 6113 with respect to a solicitation—

(1) by television or radio, shall be treated as occurring when 

the solicitation was telecast or broadcast,

(2) by mail, shall be treated as occurring when the solicitation 

was mailed,

(3) not by mail but in written or printed form, shall be treated 

as occurring when the solicitation was distributed, or

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(4) by telephone, shall be treated as occurring when the solicitation was made.

§ 6710
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161

TITLE 28. JUDICIARY AND JUDICIAL PROCEDURE

Chapter 163—Fines, Penalties and Forfeitures

Note § 2461. Federal Civil Penalties Inflation Adjustment Act of 19901

(1) This Act may be cited as the “Federal Civil Penalties Inflation 

Act of 1990.”

(2) (a) Findings. The Congress finds that—

(1) the power of Federal agencies to impose civil monetary penalties for violations of Federal law and regulations 

plays an important role in deterring violations and furthering the 

policy goals embodied in such laws and regulations;

(2) the impact of many civil penalties has been and is

diminished due to the effect of inflation;

(3) by reducing the impact of civil monetary penalties, 

inflation has weakened the deterrent effect of such penalties; and

(4) the Federal Government does not maintain comprehensive, detailed accounting of the efforts of Federal agencies 

to assess and collect civil monetary penalties.

(b) Purpose. The purpose of this Act is to establish a mechanism that shall—

(1) allow for regular adjustment for inflation of civil 

monetary penalties;

(2) maintain the deterrent effect of civil monetary penalties and promote compliance with the law; and

(3) improve the collection by the Federal Government 

of civil monetary penalties.

(3) For purposes of this Act, the term—

(1) ‘agency’ means an Executive agency as defined under section 105 of title 5, United States Code (5 U.S.C. § 105), and includes 

the United States Postal Service;

(2) ‘civil monetary penalty’ means any penalty, fine, or other 

sanction that—

(A) (i) is for a specific monetary amount as provided 

by Federal law; or

(ii) has a maximum amount provided for by 

Federal law; and

(B) is assessed or enforced by an agency pursuant to

Federal law; and

 1 The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Pub. L. No. 114-74, 129 

Stat. 599 amended 28 U.S.C. 2461 note, section (4) by adding a new subsection (a); amending paragraphs 

(1) and (2); and by adding new subsections (b)-(d). These amendments took effect November 2, 2015.
Appendix

162

(C) is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts; and

(3) ‘Consumer Price Index’ means the Consumer Price Index 

for all-urban consumers published by the Department of Labor.

(4) (a) In General. Not later than July 1, 2016, and not later than 

January 15 of every year thereafter, and subject to subsections (c) and 

(d), the head of each agency shall—

(1) in accordance with subsection (b), adjust each civil 

monetary penalty provided by law within the jurisdiction of the 

Federal agency, except for any penalty (including any addition 

to tax and additional amount) under the Internal Revenue Code 

of 1986 (26 U.S.C. § 1 et. seq.) or the Tariff Act of 1930 (19 

U.S.C. § 1202 et. seq.), by the inflation adjustment described 

under section 5 of this Act; and

(2) publish each such adjustment in the Federal Register.

(b) Procedures for Adjustments.—

(1) Catch Up Adjustment.—For the first adjustment 

made under subsection (a) after the date of enactment of the 

Federal Civil Penalties Inflation Adjustment Act Improvements 

Act of 2015—

(A) the head of an agency shall adjust civil monetary 

penalties through an interim final rulemaking; and

(B) the adjustment shall take effect not later than August 1, 2016.

(2) Subsequent Adjustments. — For the second adjustment made under subsection (a) after the date of enactment of 

the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, and each adjustment thereafter, the head of 

an agency shall adjust civil monetary penalties and shall make 

the adjustment notwithstanding section 553 of title 5, United 

States Code.

(c) Exception.— For the first adjustment made under subsection (a) after the date of enactment of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the head of an 

agency may adjust the amount of a civil monetary penalty by less than 

the otherwise required amount if—

(1) the head of the agency, after publishing a notice of 

proposed rulemaking and providing an opportunity for comment, determines in a final rule that—

Nt. § 2461 
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163

(A) increasing the civil monetary penalty by the otherwise required amount will have a negative economic impact; 

or

(B) the social costs of increasing the civil monetary 

penalty by the otherwise required amount outweigh the benefits; and

(2) the Director of the Office of Management and Budget 

concurs with the determination of the head of the agency under 

paragraph (1).

(d) Other Adjustments Made.— If a civil monetary penalty 

subject to a cost-of-living adjustment under this Act is, during the 12 

months preceding a required cost-of-living adjustment, increased by 

an amount greater than the amount of the adjustment required under 

subsection (a), the head of the agency is not required to make the costof-living adjustment for that civil monetary penalty in that year.

(5) (a) Adjustment. The inflation adjustment under section 4 shall 

be determined by increasing the maximum civil monetary penalty or 

the range of minimum and maximum civil monetary penalties, as applicable, for each civil monetary penalty by the cost-of-living adjustment. Any increase determined under this subsection shall be rounded 

to the nearest multiple of $1.

(b) Definition.

(1) In General.— Except as provided in paragraph (2), 

for purposes of subsection (a), the term “cost-of-living adjustment” means the percentage (if any) for each civil monetary 

penalty by which—

(A) the Consumer Price Index for the month of October 

preceding the date of the adjustment, exceeds

(B) the Consumer Price Index for the month of October

1 year before the month of October referred to in subparagraph (A).

(2) Initial Adjustment.—

(A) In General.—Subject to subparagraph (C), for the 

first inflation adjustment under section 4 made by an agency 

after the date of enactment of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the term 

“cost-of-living adjustment” means the percentage (if any) for 

each civil monetary penalty by which the Consumer Price Index for the month of October, 2015 exceeds the Consumer 

Price Index for the month of October of the calendar year dur

Nt. § 2461
Appendix

164

ing which the amount of such civil monetary penalty was established or adjusted under a provision of law other than this 

Act. 

(B) Application of Adjustment.—The cost-of-living 

adjustment described in subparagraph (A) shall be applied to 

the amounts of the civil monetary penalty as it was most recently established or adjusted under a provision of law other 

than this Act.

(C) Maximum Adjustment.—The amount of the increase in a civil monetary penalty under subparagraph (A) 

shall not exceed 150 percent of the amount of that civil monetary penalty on the date of enactment of the Federal Civil 

Penalties Inflation Adjustment Act Improvements Act of 

2015.

(6) Any increase under this Act in a civil monetary penalty shall 

apply only to civil monetary penalties, including those whose associated 

violation predated such increase, which are assessed after the date the increase takes effect.

(7) Implementation and Oversight Enhancements.

(a) OMB Guidance.—Not later than February 29, 2016, not 

later than December 15, 2016, and December 15 of every year thereafter, the Director of the Office of Management and Budget shall issue 

guidance to agencies on implementing the inflation adjustments required under this Act.

(b) Agency Financial Reports.—The head of each agency 

shall include in the Agency Financial Report submitted under OMB 

Circular A-136, or any successor thereto, information about the civil 

monetary penalties within the jurisdiction of the agency, including the 

adjustment of the civil monetary penalties by the head of the agency 

under this Act.

(c) GAO Review.—The Comptroller General of the United 

States shall annually submit to Congress a report assessing the compliance of agencies with the inflation adjustments required under this 

Act, which may be included as part of another report submitted to 

Congress.

Nt. § 2461 
Title 28. Judiciary and Judicial Proc

165

§ 2462. Time for commencing proceedings

* * * * * * *

Except as otherwise provided by Act of Congress, an action, suit or 

proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, shall not be entertained unless commenced within five 

years from the date when the claim first accrued if, within the same period, 

the offender or the property is found within the United States in order that 

proper service may be made thereon.

§ 2462
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167

TITLE 36. PATRIOTIC AND NATIONAL OBSERVANCES, 

CEREMONIES, AND ORGANIZATIONS

Subtitle I—Patriotic and National Observances and Ceremonies

Part A—Observances and Ceremonies

Chapter 5—Presidential Inaugural Ceremonies

* * * * * * *

§ 510. Disclosure of and prohibition on certain donations

(a) In general. A committee shall not be considered to be the Inaugural Committee for purposes of this chapter unless the committee agrees 

to, and meets, the requirements of subsections (b) and (c).

(b) Disclosure.

(1) In general. Not later than the date that is 90 days after the 

date of the Presidential inaugural ceremony, the committee shall file a 

report with the Federal Election Commission disclosing any donation 

of money or anything of value made to the committee in an aggregate 

amount equal to or greater than $200.

(2) Contents of report. A report filed under paragraph (1) 

shall contain—

(A) the amount of the donation;

(B) the date the donation is received; and

(C) the name and address of the person making the donation.

(c) Limitation. The committee shall not accept any donation from a 

foreign national (as defined in section 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. § 30121(b)).

§ 511. Authorization of appropriations

(a) Authorization. Necessary amounts are authorized to be appropriated—

(1) to enable the Mayor of the District of Columbia to provide 

additional municipal services in the District of Columbia during the 

inaugural period, including—

(A) employment of personal services without regard to

chapters 33 and 51 and subchapter III of chapter 53 of title 5;

(B) travel expenses of enforcement personnel, including sanitarians, from other jurisdictions;

(C) the hiring of the means of transportation;
Appendix

168

(D) meals for policemen, firemen and other municipal 

employees;

(E) the cost of removing and relocating streetcar loading platforms, construction, rent, maintenance, and expenses incident to the operation of temporary public comfort stations, 

first-aid stations, and information booths; and

(F) other incidental expenses in the discretion of the

Mayor; and

(2) to enable the Secretary of the Interior to provide meals for 

the members of the United States Park Police during the inaugural period.

(b) Payment. Amounts appropriated under—

(1) subsection (a)(1) of this section are payable in the same 

way as other appropriations for the expenses of the District of Columbia; and

(2) subsection (a)(2) of this section are payable in the same 

way as other appropriations for the expenses of the Department of the 

Interior.

§ 511
169

TITLE 47. TELEGRAPHS, TELEPHONES, AND 

RADIOTELEGRAPHS

* * * * * * *

Chapter 5—Wire or Radio Communication

§ 312. Administrative sanctions

(a) Revocation of station license or construction permit. The (Federal Communications) Commission may revoke any station license or construction permit—

* * * * * * *

(7) for willful or repeated failure to allow reasonable access 

to or to permit purchase of reasonable amounts of time for the use of 

a broadcasting station, other than a non-commercial educational 

broadcast station, by a legally qualified candidate for Federal elective 

office on behalf of his candidacy.

* * * * * * *

§ 315. Candidates for public office

(a) Equal opportunities requirement; censorship prohibition; allowance of station use; news appearances exception; public interest; public 

issues discussion opportunities. If any licensee shall permit any person who 

is a legally qualified candidate for any public office to use a broadcasting 

station, he shall afford equal opportunities to all other such candidates for 

that office in the use of such broadcasting station: Provided, That such licensee shall have no power of censorship over the material broadcast under the 

provisions of this section. No obligation is imposed under this subsection 

upon any licensee to allow the use of its station by any such candidate. Appearance by a legally qualified candidate on any—

(1) bona fide newscast,

(2) bona fide news interview,

(3) bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary), or

(4) on-the-spot coverage of bona fide news events (including 

but not limited to political conventions and activities incidental
Appendix

170

thereto), shall not be deemed to be use of a broadcasting station within 

the meaning of this subsection. Nothing in the foregoing sentence 

shall be construed as relieving broadcasters, in connection with the 

presentation of newscasts, news interviews, news documentaries, and 

on-the-spot coverage of news events, from the obligation imposed 

upon them under this chapter to operate in the public interest and to 

afford reasonable opportunity for the discussion of conflicting views 

on issues of public importance.

(b) Broadcast media rates. Charges

(1) In general. The charges made for the use of any broadcasting station by any person who is a legally qualified candidate for any 

public office in connection with his campaign for nomination for election, or election, to such office shall not exceed—

(A) subject to paragraph (2) during the 45 days preceding the date of a primary or primary runoff election and during 

the 60 days preceding the date of a general or special election 

in which such person is a candidate, the lowest unit charge of 

the station for the same class and amount of time for the same 

period; and

(B) at any other time, the charges made for comparable 

use of such station by other users thereof.

(2) Content of broadcasts.

(A) In general. In the case of a candidate for Federal office, such candidate shall not be entitled to receive the rate under 

paragraph (1)(A) for the use of any broadcasting station unless 

the candidate provides written certification to the broadcast station that the candidate (and any authorized committee of the candidate) shall not make any direct reference to another candidate 

for the same office, in any broadcast using the rights and conditions of access under this Act, unless such reference meets the 

requirements of subparagraph (C) or (D).

(B) Limitation on charges. If a candidate for Federal office (or any authorized committee of such candidate) makes a 

reference described in subparagraph (A) in any broadcast that 

does not meet the requirements of subparagraph (C) or (D), such 

candidate shall not be entitled to receive the rate under paragraph 

(1)(A) for such broadcast or any other broadcast during any portion of the 45-day and 60-day periods described in paragraph 

(1)(A), that occur on or after the date of such broadcast, for election to such office.

§ 315 
Title 47. Telegraphs, Telephones, and Radiotel

171

(C) Television broadcasts. A candidate meets the requirements of this subparagraph if, in the case of a television 

broadcast, at the end of such broadcast there appears simultaneously, for a period no less than 4 seconds—

(i) a clearly identifiable photographic or similar 

image of the candidate; and

(ii) a clearly readable printed statement, identifying the candidate and stating that the candidate has approved the broadcast and that the candidate’s authorized 

committee paid for the broadcast.

(D) Radio broadcasts. A candidate meets the requirements of this subparagraph if, in the case of a radio broadcast, 

the broadcast includes a personal audio statement by the candidate that identifies the candidate, the office the candidate is seeking, and indicates that the candidate has approved the broadcast.

(E) Certification. Certification under this section shall 

be provided and certified as accurate by the candidate (or any 

authorized committee of the candidate) at the time of purchase.

(F) Definitions. For purposes of this paragraph, the 

terms “authorized committee” and “Federal office” have the 

meanings given such terms by section 30101 of Title 52.

(c) Definitions. For purposes of this section—

(1) the term “broadcasting station” includes a community antenna television system; and

(2) the terms “licensee” and “station licensee” when used 

with respect to a community antenna television system mean the operator of such system.

(d) Rules and regulation. The (Federal Communications) Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.

(e) Political record.

(1) In general. A licensee shall maintain, and make available 

for public inspection, a complete record of a request to purchase broadcast time that—

(A) is made by or on behalf of a legally qualified candidate for public office; or

(B) communicates a message relating to any political 

matter of national importance, including—

(i) a legally qualified candidate;

(ii) any election to Federal office; or

§ 315
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172

(iii) a national legislative issue of public importance.

(2) Contents of record. A record maintained under paragraph

(1) shall contain information regarding—

(A) whether the request to purchase broadcast time is accepted or rejected by the licensee;

(B) the rate charged for the broadcast time;

(C) the date and time on which the communication is 

aired;

(D) the class of time that is purchased;

(E) the name of the candidate to which the communication refers and the office to which the candidate is seeking election, the election to which the communication refers, or the issue 

to which the communication refers (as applicable);

(F) in the case of a request made by, or on behalf of, a 

candidate, the name of the candidate, the authorized committee 

of the candidate, and the treasurer of such committee; and

(G) in the case of any other request, the name of the person purchasing the time, the name, address, and phone number 

of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the 

board of directors of such person.

(3) Time to maintain file. The information required under this 

subsection shall be placed in a political file as soon as possible and 

shall be retained by the licensee for a period of not less than 2 years.

§ 317. Announcement of payment for broadcast

(a) Disclosure of person furnishing.

(1) All matter broadcast by any radio station for which any 

money, service or other valuable consideration is directly or indirectly paid, or promised to or charged or accepted by, the station so 

broadcasting, from any person, shall, at the time the same is so broadcast, be announced as paid for or furnished, as the case may be, by 

such person: Provided, That “service or other valuable consideration” 

shall not include any service or property furnished without charge or 

at a nominal charge for use on, or in connection with, a broadcast 

unless it is so furnished in consideration for an identification in a 

broadcast of any person, product, service, trademark, or brand name 

beyond an identification which is reasonably related to the use of 

such service or property on the broadcast.

§ 315 
Title 47. Telegraphs, Telephones, and Radiotel

173

(2) Nothing in this section shall preclude the Commission 

from requiring that an appropriate announcement shall be made at the 

time of the broadcast in the case of any political program or any program involving the discussion of any controversial issue for which 

any films, records, transcriptions, talent, scripts, or other material or 

service of any kind have been furnished, without charge or at a nominal charge, directly or indirectly, as an inducement to the broadcast 

of such program.

(b) Disclosure to station of payments. In any case where a report 

has been made to a radio station, as required by section 508 of this title, of 

circumstances which would have required an announcement under this section had the consideration been received by such radio station, an appropriate announcement shall be made by such radio station.

(c) Acquiring information from station employees. The licensee 

of each radio station shall exercise reasonable diligence to obtain from its 

employees, and from other persons with whom it deals directly in connection with any program or program matter for broadcast, information to enable such licensee to make the announcement required by this section.

(d) Waiver of announcement. The Commission may waive the requirement of an announcement as provided in this section in any case or 

class of cases with respect to which it determines that the public interest, 

convenience, or necessity does not require the broadcasting of such announcement.

(e) Rules and regulations. The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section.

§ 317
Appendix 

174
Appendix

175

INDEX

ADMINISTRATIVE PROVISIONS, 52 U.S.C. § 30111

ADVERTISING

See: COMMUNICATIONS

ADVISORY OPINIONS, 52 U.S.C. § 30108

Commission’s authority to render, 52 U.S.C. § 30107(a)(7) 

Procedures for obtaining, 52 U.S.C. § 30108(a) and (b)

Public availability of advisory opinion requests, 52 U.S.C. § 30108(d) 

Public comment on, 52 U.S.C. § 30108(c)

Requests for, 52 U.S.C. § 30108(a)

Scope of protection, 52 U.S.C. § 30108(c)

Written comments on requests, 52 U.S.C. § 30108(d)

AFFILIATION

Contribution limits for affiliated committees, 52 U.S.C. § 30116(a)(5) 

Definition, 52 U.S.C. § 30116(a)(5)

Transfers between affiliated committees, 52 U.S.C. §30116(a)(5)(C) 

ANNUAL REPORT TO CONGRESS, 52 U.S.C. § 30111(a)(9) 

APPROPRIATIONS, 52 U.S.C. § 30115

ATTORNEY GENERAL

Election laws contained in Hatch Act, 18 U.S.C. §§ 594–610 and 1001 (Appendix)

Referral of violations to, 52 U.S.C. § 30109(a)(5)(C) 

Report of actions taken by, 52 U.S.C. § 30109(c)

AUDITS

Authority for Commission to conduct, 26 U.S.C. §§ 9007(a), 9009(a), 9038(a) and 

9039(b); 52 U.S.C. § 30111(b)

Candidate agreement to permit, 26 U.S.C. §§ 9003(a)(3) and 9033(a)(3)

Failure to provide correct information, 26 U.S.C. §§ 9012(d) and 9042(c) 

Of publicly funded committees

— national nominating convention of party, 26 U.S.C. § 9008(g)

— Presidential general election campaigns, 26 U.S.C. §§ 9003(a)(3), 

9007(a) and 9009(a)

— Presidential primary campaigns receiving matching funds, 26 U.S.C. §§ 

9033(a)(3) and 9038(a)

Inde
Index

176

AUTHORIZED COMMITTEE

Air travel restrictions, 52 U.S.C. § 30114(c) 

Candidate as agent of, 52 U.S.C. § 30102(e)(2) 

Contributions by, 52 U.S.C. § 30102(e)(3)(B) 

Contributions

— made to, limitations on, 52 U.S.C. §§ 30116(a)(1)(A), (2)(A), (7) and (8) 

and (c) 

— recordkeeping of, 52 U.S.C. § 30102(b)(1)

— see also: CONTRIBUTIONS 

Debts owed by

— see: DEBTS AND OBLIGATIONS

Definition, 26 U.S.C. §§ 9002(1) and 9032(1); 52 U.S.C. 30101(6)

Designation by candidate, 26 U.S.C. § 9002(1); 52 U.S.C. § 30102(e)(1) and (3)

Electioneering communications by

— see: ELECTIONEERING COMMUNICATIONS

Expenditures by

— see: EXPENDITURES

Joint fundraising, 52 U.S.C. § 30102(e)(3)(A)(ii)

Legal or accounting services provided to, exempt, 52 U.S.C. §

30101(8)(B)(viii)(II) and (9)(B)(vii)(II)

Name of, 52 U.S.C. § 30102(e)(4)

Place of filing, 52 U.S.C. § 30102(g) 

Registration of, 52 U.S.C. § 30103(a) 

Reports by, 52 U.S.C. §§ 30102(f) and 30104

— see: FILING STATEMENTS AND REPORTS; REPORTING 

Transfers between, 52 U.S.C. § 30116(a)(5)(C)

Use of funds contributed, 52 U.S.C. § 30114

— permitted uses of funds, 52 U.S.C. § 30114(a)

— prohibited uses of funds, 52 U.S.C. § 30114(b)

See also: PRINCIPAL CAMPAIGN COMMITTEE

BALLOT ACCESS

Payments to party committee for, not a contribution/expenditure, 52 U.S.C. §

30101(8)(B)(xii) and (9)(B)(x)

BANKS

Campaign depositories, 52 U.S.C. § 30102(h)(1)

Loans from, exempted contribution, 52 U.S.C. § 30101(8)(B)(vii)

Prohibited from making contributions/expenditures, 52 U.S.C. § 30118(a)
Index

177

BANKS, continued

See also: CORPORATIONS/LABOR ORGANIZATIONS/NATIONAL BANKS; 

DEPOSITORY; LOANS

BEST EFFORTS

In recordkeeping and reporting, 52 U.S.C. § 30102(i)

CAMPAIGN DEPOSITORY

See: DEPOSITORY

CAMPAIGN MATERIALS

Disclaimer, when required, 52 U.S.C. § 30120(a) 

Paid for by state or local party

— exempted, 52 U.S.C. § 30101(8)(B)(ix) and (9)(B)(viii)

— for state or local candidates, 52 U.S.C. § 30101(20)(B)(iv)

Prepared by candidate

— referring to another candidate, 52 U.S.C. § 30101(8)(B)(x)

— republished or disseminated by another person, 52 U.S.C. §

30116(a)(7)(B)(iii)

CANDIDATE FOR NONFEDERAL OFFICE

Also running for federal office, fundraising and spending of, 52 U.S.C. §

30125(e)(2)

Communications by state or local party naming, 52 U.S.C. § 30101(20)(B)(i) and 

(iv)

Contribution to, not federal election activity, 52 U.S.C. § 30101(20)(B)(ii) 

Electioneering communications made by

— see: ELECTIONEERING COMMUNICATIONS 

Materials of

— paid for with federally permissible funds, 52 U.S.C. § 30125(f)

— prepared by state or local party, not federal election activity, 52 U.S.C. § 

30101(20)(B)(iv)

— referring to federal candidate, exempt, 52 U.S.C. § 30101(8)(B)(x) 

Party committee may raise funds for, 52 U.S.C. § 30125(d)(2)

CANDIDATE FOR PRESIDENT

Agent of authorized committee, 52 U.S.C. § 30102(e)(2)

Agreements made, condition for eligibility for public funds, 26 U.S.C. §§ 9003(a) 

and 9033(a)

Air travel restrictions, 52 U.S.C. § 30114(c)
Index

178

CANDIDATE FOR PRESIDENT, continued

Authorized committee

— designation by candidate, 26 U.S.C. § 9002(l); 52 U.S.C. § 30102(e)(1) 

and (3)

— see also: AUTHORIZED COMMITTEE 

Clearly identified, definition, 52 U.S.C. § 30101(18)

Contributions to, 26 U.S.C. § 9003(b)(2) and (c)(2); 52 U.S.C. § 30116(a)(1)(A), 

(2)(A), (6), (7) and (c)

Definition, 26 U.S.C. §§ 9002(2) and 9032(2); 52 U.S.C. § 30101(2)

Entitlement to payments, 26 U.S.C. §§ 9004 and 9034 

Expenditure limits, 26 U.S.C. §§ 9003(b)(1) and 9035(a); 52 U.S.C. § 30116(b) 

and (g)

Fraudulent misrepresentation of campaign authority

— generally, 52 U.S.C. § 30124(a)

— in soliciting funds, 52 U.S.C. § 30124(b) 

Fundraising by

— see: FUNDRAISING

Immediate family of, definition, 26 U.S.C. §§ 9004(e) and 9035(b) 

Inaugural committee of elected

— see: INAUGURAL COMMITTEE 

Ineligibility for payments, 26 U.S.C. § 9033(c)

Loans to campaign by

— see: LOANS; PERSONAL FUNDS

Materials referring to, prepared by another candidate, exempt, 52 U.S.C. §

30101(8)(B)(x)

Name of, 52 U.S.C. § 30102(e)(4) 

National party committee support for

— designated as principal campaign committee, 52 U.S.C. §

30102(e)(3)(A)(i)

— expenditure by, 52 U.S.C. § 30116(d)(2)

— see also: NATIONAL PARTY COMMITTEE 

Personal funds of

— definition, 52 U.S.C. § 30101(26)

— limitations on use of, 26 U.S.C. §§ 9004(d) and 9035(a)

— segregated from contributions, 52 U.S.C. § 30102(b)(3)

— see also: PERSONAL FUNDS 

Principal campaign committee

— designated by candidate, 52 U.S.C. § 30102(e)(1) and (3)(A)(i)

— filing requirements, 52 U.S.C. §§ 30102(g), 30104 and 30113(a)(2)(A)
Index

179

CANDIDATE FOR PRESIDENT, continued

Principal campaign committee, continued

— not designated by Vice Presidential nominee, 52 U.S.C. § 30102(e)(1)

— reports required of, 52 U.S.C. § 30104

— see also: PRINCIPAL CAMPAIGN COMMITTEE 

Re-establishment of eligibility, 26 U.S.C. § 9033(c)(4)

State or local party committee

— appearance at fundraising event for, 52 U.S.C. § 30125(e)(3)

— support by, 52 U.S.C. § 30101(8)(B)(v), (ix) and (xi) and (9)(B)(iv), 

(viii) and (ix) 

Unauthorized political committee organized by

— see: LEADERSHIP

Use of campaign funds by

— air travel restrictions, 52 U.S.C. § 30114(c)

— permitted, 52 U.S.C. § 30114(a)

— prohibited, 52 U.S.C. § 30114(b)

Voice of, required in advertising, 52 U.S.C. § 30120(d)

See also: PUBLIC FUNDING OF PRESIDENTIAL GENERAL ELECTIONS; 

PUBLIC FUNDING OF PRESIDENTIAL PRIMARY ELECTIONS

CANDIDATE FOR REPRESENTATIVE, DELEGATE OR RESIDENT 

COMMISSIONER

Agent of authorized committee, 52 U.S.C. § 30102(e)(2) 

Air travel restrictions, 52 U.S.C. § 30114(c)

Authorized committees of

— candidate’s name included in name of, 52 U.S.C. § 30102(e)(4)

— designation of, 52 U.S.C. § 30102(e)(1) and (3)

— see also: AUTHORIZED COMMITTEE 

Clearly identified, definition, 52 U.S.C. § 30101(18) 

Contributions to, 52 U.S.C. §§ 30116(a) and (c) 

— see also: CONTRIBUTIONS 

Debts owed by

— see: DEBTS AND OBLIGATIONS 

Definition, 52 U.S.C. § 30101(2)

Delegate/Resident Commissioner, defined as federal office, 52 U.S.C. § 30101(3) 

Expenditure limitation for party committee, 52 U.S.C. § 30116(d)(3)

Fraudulent misrepresentation of campaign authority

— generally, 52 U.S.C. § 30124(a)

— in soliciting funds, 52 U.S.C. § 30124(b) 
Index

180

CANDIDATE FOR REPRESENTATIVE, DELEGATE OR RESIDENT 

COMMISSIONER, continued

Fundraising by

— see: FUNDRAISING 

Loans to campaign by

— see: LOANS; PERSONAL FUNDS

Name included in authorized committee’s name, 52 U.S.C. § 30102(e)(4)

Nonfederal election activity of

— appearance at party event by, 52 U.S.C. § 30125(e)(3)

— donations to State or local candidates from, 52 U.S.C. § 30114(a)(5)

— running for nonfederal office, 52 U.S.C. § 30125(e)(2)

— solicitation of funds, restricted, 52 U.S.C. § 30125(e)(1)

Party support of, 52 U.S.C. §§ 30101(20); 30116(d)(3) and 30125

— see also: LOCAL PARTY COMMITTEE; NATIONAL PARTY 

COMMITTEE; PARTY COMMITTEE; STATE PARTY 

COMMITTEE

Personal funds

— definition of, 52 U.S.C. § 30101(26)

— segregated from contributions, 52 U.S.C. § 30102(b)(3)

— see also: PERSONAL FUNDS 

Principal campaign committee

— designation of, 52 U.S.C. § 30102(e)(1)

— filing requirements, 52 U.S.C. §§ 30102(g) and 30113(a)(2)(B)

— reports required of, 52 U.S.C. § 30104(a)(1) and (2)

— see also: PRINCIPAL CAMPAIGN COMMITTEE 

Unauthorized political committee organized by

— see: LEADERSHIP PAC

Use of campaign funds by

— for air travel, 52 U.S.C. § 30114(c)(2)

— permitted, 52 U.S.C. § 30114(a)

— prohibited, 52 U.S.C. § 30114(b)

Voice of, required in advertising, 52 U.S.C. § 30120(d)

CANDIDATE FOR SENATOR

Agent of authorized committee, 52 U.S.C. § 30102(e)(2) 

Air travel restrictions, 52 U.S.C. § 30114(c)

Authorized committee

— candidate’s name included in name of, 52 U.S.C. § 30102(e)(4)

— designation of, 52 U.S.C. § 30102(e)(1) and (3)

— see also: AUTHORIZED COMMITTEE 

Clearly identified, definition, 52 U.S.C. § 30101(18) 
Index

181

CANDIDATE FOR SENATOR, continued

Contributions to

— from party’s Senatorial committee or national committee, limitations on, 

52 U.S.C. § 30116(h)

— limitations, 52 U.S.C. § 30116(a) and (c) 

— see also: CONTRIBUTIONS 

Debts owed by

— see: DEBTS AND OBLIGATIONS 

Definition, 52 U.S.C. § 30101(2)

Expenditure limitation for party committee, 52 U.S.C. § 30116(d)(3)(A)

Fraudulent misrepresentation of campaign authority

— generally, 52 U.S.C. § 30124(a)

— in soliciting funds, 52 U.S.C. § 30124(b)

Fundraising by

— see: FUNDRAISING

Illegal contributions accepted by, prohibition, 52 U.S.C. § 30116(f) 

Loans to campaign by

— see: LOANS; PERSONAL FUNDS

Name included in authorized committee’s name, 52 U.S.C. § 30102(e)(4) 

Nonfederal election activity of

— appearance at party event by, 52 U.S.C. § 30125(e)(3)

— donations to State or local candidates from, 52 U.S.C. § 30114(a)(5)

— running for nonfederal office, 52 U.S.C. § 30125(e)(2)

— solicitation of funds, restricted, 52 U.S.C. § 30125(e)(1) 

Party support of, 52 U.S.C. §§ 30101(20), 30116(d)(3) and 30125

— see also: LOCAL PARTY COMMITTEE; NATIONAL PARTY 

COMMITTEE; PARTY COMMITTEE; STATE PARTY 

COMMITTEE

Personal funds

— definition, 52 U.S.C. § 30101(26)

— segregated from contributions, 52 U.S.C. § 30102(b)(3)

— see also: PERSONAL FUNDS 

Principal campaign committee

— designation of, 52 U.S.C. § 30102(e)(1)

— filing requirements, 52 U.S.C. §§ 30102(g) and 30113(a)(2)(B)

— reports required of, 52 U.S.C. § 30104(a)(1) and (2)

— see also: PRINCIPAL CAMPAIGN COMMITTEE 

Unauthorized political committee organized by

— see: LEADERSHIP PAC
Index

182

CANDIDATE FOR SENATOR, continued

Use of campaign funds by

— for air travel, 52 U.S.C. § 30114(c)

— permitted, 52 U.S.C. § 30114(a)

— prohibited, 52 U.S.C. § 30114(b)

Voice of, required in advertising, 52 U.S.C. § 30120(d)

CERTIFICATION

Of eligibility, by Presidential candidate to FEC, 26 U.S.C. §§ 9003(b) and (c) and 

9033(b)

Of increase in consumer price index, by Secretary of Labor to FEC, 52 U.S.C. §

30116(c)

Of independence of expenditure, 52 U.S.C. § 30104(b)(6)(B)(iii) and (c)(2)(B)

Of public funding payments

— by FEC to national party committee for convention, 26 U.S.C. § 9008(g)

— by FEC to Presidential general election candidates, 26 U.S.C. § 9005

— by FEC to Presidential primary candidates, 26 U.S.C. § 9036

Of voting age population, by Secretary of Commerce to FEC, 52 U.S.C. §

30116(e)

CHURCH OR COMMUNITY ROOM

Use of, by individual, not a contribution, 52 U.S.C. § 30101(8)(B)(ii)

CLERK OF THE HOUSE OF REPRESENTATIVES

Ex officio member of Federal Election Commission, 52 U.S.C. § 30106(a)

COMMERCE, SECRETARY OF

See: SECRETARY OF COMMERCE

COMMISSION

See: FEDERAL ELECTION COMMISSION

COMMUNICATIONS 

Advertisements

— disclaimer notice, when required, 52 U.S.C. § 30120(a)

— newspaper/magazine space charge, 52 U.S.C. § 30120(b)

— voice of candidate required in, 52 U.S.C. § 30120(d) 

Advocating election or defeat of clearly identified candidate, 52 U.S.C. §§ 

30101(9)(B)(iii) and (17) and 30120(a)

Audio, additional requirements for, 52 U.S.C. § 30120(d)

Authorized but not paid for by authorized committee, 52 U.S.C. § 30120(a)(2)
Index

183

COMMUNICATIONS, continued 

Campaign materials

— see: CAMPAIGN MATERIALS 

Candidate, prepared by

— mentioning another candidate, 52 U.S.C. § 30101(8)(B)(x)

— reporting of, 52 U.S.C. § 30104(e)(2)

— republished or disseminated by another person, 52 U.S.C. §

30116(a)(7)(B)(xi)

— voice of candidate required in audio, 52 U.S.C. § 30120(d) 

Clearly identified candidate, defined, 52 U.S.C. § 30101(18) 

Coordinated, 52 U.S.C. §§ 30116 (a)(7)(B) and (C) and (d)

Disclaimer notice required, 52 U.S.C. § 30120(a)

Electioneering

— see: ELECTIONEERING COMMUNICATIONS 

Express advocacy, 52 U.S.C. §§ 30101(9)(B)(iii) and (17) and 30120(a)

— see also: EXPRESS ADVOCACY 

Independent expenditures

— see: INDEPENDENT EXPENDITURES 

Made by

— authorized committee, 52 U.S.C. §§ 30101(8)(B)(x) and 30120(a)(1), (c) 

and (d)

— corporations, 52 U.S.C. §§ 30101(9)(B)(iii) and 30118(b)(2)(A) and (B)

— labor organizations, 52 U.S.C. §§ 30101(9)(B)(iii) and 30118(b)(2)(A) 

and (B)

— membership organizations, 52 U.S.C. §§ 30101(9)(B)(iii) and 30118(c)

— nonauthorized committee, 52 U.S.C. § 30120(a)(2) and (3)

— state or local party, 52 U.S.C. §§ 30101(20) and (22)

Mass mailing, definition, 52 U.S.C. § 30101(23)

News story, commentary or editorial

— not electioneering communication, 52 U.S.C. § 30104(f)(3)(B)(i)

— not expenditure, 52 U.S.C. § 30101(9)(b)(i)

Not authorized or paid for by campaign, 52 U.S.C. § 30120(a)(3) 

Printed, specifications for, 52 U.S.C. § 30120(c)

Public

— see: PUBLIC COMMUNICATIONS 

Reporting of, by corporations/membership/labor organizations, 52 U.S.C. § 

30101(9)(B)(iii)

Republication of campaign materials by another person, 52 U.S.C. §

30116(a)(7)(B)(ii)

Requirements for, 52 U.S.C. § 30120
Index

184

COMMUNICATIONS, continued 

Slate card/sample ballot, 52 U.S.C. § 30101(8)(B)(v) and (9)(B)(iv) 

Solicitation of contributions, required notice, 52 U.S.C. § 30120(a) 

Targeted, definition, 52 U.S.C. §§ 30104(f)(3)(C) and 30118(c)(6)(B) 

Telephone bank, definition, 52 U.S.C. § 30101(24)

COMPLAINTS

See: ENFORCEMENT

COMPLIANCE

See: ENFORCEMENT

CONCILIATION AGREEMENT

See: ENFORCEMENT

CONDUIT

For earmarked contributions, 52 U.S.C. § 30116(a)(8)

CONGRESS

Authority not limited, 52 U.S.C. § 30106(b)(2)

Legislative day, definition, 26 U.S.C. §§ 9009(c)(3) and 9039(c)(3); 52 U.S.C. § 

30111(d)(3)

Reports to, by Commission

— annual report, 52 U.S.C. § 30111(a)(9)

— budget estimates, 52 U.S.C. § 30107(d)(1)

— on cooperation with IRS in promulgating regulations and forms, 52 

U.S.C. § 30111(f)

— on public financing of national nominating convention, 26 U.S.C. §

9009(a)

— on public financing of Presidential general election candidates, 26 U.S.C. 

§ 9009(a)

— on public financing of Presidential primary election candidates, 26 

U.S.C. § 9039(a)

— recommendations for legislation, 52 U.S.C. §§ 30107(d)(2) 

Testimony or comments on legislation by Commission, 52 U.S.C. § 30107(d)(2) 

Transmittal of regulations and forms to, 26 U.S.C. §§ 9009(c) and 9039(c); 52 

U.S.C. § 30111(d)

CONNECTED ORGANIZATION 

Definition, 52 U.S.C. § 30101(7)

Establishment of separate segregated fund by, 52 U.S.C. § 30118(b)(2)(C) 

Name, included in name of separate segregated fund, 52 U.S.C. § 30102(e)(5)
Index

185

CONSUMER PRICE INDEX

Contribution limits increased by, 52 U.S.C. § 30116(c)

Definition, 52 U.S.C. § 30116(c)(2)(A)

Expenditure limitation increases based on, 52 U.S.C. § 30116(c)

See also: SECRETARY OF LABOR

CONTRIBUTIONS 

Acceptance

— by authorized committees, 52 U.S.C. § 30116(a)(7)

— by committee treasurer, 52 U.S.C. § 30102(a)

— of prohibited contributions, 52 U.S.C. § 30116(f) 

Advance, 26 U.S.C. § 9032(4)(A); 52 U.S.C. § 30101(8)(A)(i)

Bundled

— definition, 52 U.S.C. § 30104(i)(8)(A)

— disclosure of, 52 U.S.C. § 30104(i) 

By

— affiliated committees, 52 U.S.C. § 30116(a)(5)

— corporations/labor organizations/national banks, prohibited, 52 U.S.C. §§ 

30118 and 30125(a)

— federal government contractors, prohibited, 52 U.S.C. §§ 30119(a) and 

30125(a)

— foreign nationals, prohibited, 52 U.S.C. § 30121

— individuals, 52 U.S.C. § 30116(a)(1) and (c)

— multicandidate committees, 52 U.S.C. § 30116(a)(2)

— non-multicandidate committees, 52 U.S.C. § 30116(a)(1)

— party committees, 52 U.S.C. § 30116(a)(2), (5)(B) and (c)

— persons/other entities, 52 U.S.C. § 30116(a) and (c) 

Cash, limitations on, 52 U.S.C. § 30123

Conduit for, 52 U.S.C. § 30116(a)(8)

Contract, promise or agreement to make, 26 U.S.C. § 9032(4)(B) 

Currency, limitations on, 52 U.S.C. § 30123

Definition, 26 U.S.C. §§ 9032(4) and 9034(a); 52 U.S.C. §§ 30101(8)(A) and 

30118(b)(2)

Deposit of, 52 U.S.C. § 30102(h)(1) 

Earmarked, 52 U.S.C. § 30116(a)(8)

Electioneering communication resulting in, 52 U.S.C. § 30116(a)(7)(C) 

Exemptions from definition of contribution, 52 U.S.C. § 30101(8)(B)

— ballot access, payments made by candidate and received by party for, 52 

U.S.C. § 30101(8)(B)(xii)

— bank loans, 52 U.S.C. § 30101(8)(B)(vii)
Index

186

CONTRIBUTIONS, continued

Exemptions from definition of contribution, continued

— campaign materials used by state or local party, 52 U.S.C. § 

30101(8)(B)(ix)

— church or community room, 52 U.S.C. § 30101(8)(B)(ii)

— “coattail” exemption, 52 U.S.C. § 30101(8)(B)(x)

— communications by corporation/labor organization, 52 U.S.C. §§ 

30101(8)(B)(vi) and 30118(b)(2)(A)

— establishment, administrative and solicitation expenses of separate 

segregated fund, 52 U.S.C. §§ 30101(8)(B)(vi) and 30118(b)(2)(C)

— invitations, food and beverages, 52 U.S.C. § 30101(8)(B)(ii)

— legal and accounting services, 52 U.S.C. § 30101(8)(B)(viii)

— loans derived from candidate’s lines of credit, brokerage account or 

credit card, 52 U.S.C. § 30101(8)(B)(xiv)

— real or personal property, 52 U.S.C. § 30101(8)(B)(ii)

— slate card or sample ballot, 52 U.S.C. § 30101(8)(B)(v)

— travel expenses, unreimbursed, 52 U.S.C. § 30101(8)(B)(iv)

— vendor discount on food or beverage, 52 U.S.C. § 30101(8)(B)(iii)

— volunteer services, 26 U.S.C. § 9032(4)(E)(i); 52 U.S.C. § 

30101(8)(B)(i)

— voter drives by corporation/labor organization, 52 U.S.C. §§ 

30101(8)(B)(vi) and 30118(b)(2)(B)

— voter drives for Presidential candidate by party, 52 U.S.C. § 

30101(8)(B)(xi)

Fraudulent solicitation of, prohibited, 52 U.S.C. § 30124(b)

Fundraising

— see: FUNDRAISING

In-kind, 52 U.S.C. §§ 30101(8)(A) and 30116(a)(7)(B) and (C) 

In the name of another

— penalties for knowingly making, 52 U.S.C. § 30109(a)(5)(B) and 

(d)(1)(D)

— prohibited, 52 U.S.C. § 30122

Last-minute, of $1,000 or more, 52 U.S.C. § 30104(a)(6)

Limitations, 52 U.S.C. § 30116(a)

— adjusted for inflation, 52 U.S.C. § 30116(c)

— affiliated committees, single limit for, 52 U.S.C. § 30116(a)(5)

— exceeding, prohibited, 52 U.S.C. § 30116(f)

— on currency, 52 U.S.C. § 30123

— on matching fund contributions, 26 U.S.C. § 9033(b)(4)

— to candidates, 52 U.S.C. § 30116(a)(1)(A), (2)(A), (b) and (c)
Index

187

CONTRIBUTIONS, continued 

Limitations, continued

— to national party committee, 52 U.S.C. §§ 30116(a)(1)(B), (2)(B), (c) and 

30125(a)

— to political committees, 52 U.S.C. § 30116(a)(1)(C) and (2)(C)

— to Presidential elections, 52 U.S.C. § 30116(a)(1), (2) and (6)

— to state party committee, 52 U.S.C. §§ 30116(a)(1)(D) and (2)(C) and 

30125(b)

— to Vice Presidential candidate, 52 U.S.C. § 30116(a)(7)(A) 

Loans

— by banks, exempt, 52 U.S.C. § 30101(8)(B)(vii)

— by candidate, 52 U.S.C. § 30101(8)(B)(xiv)

— by other persons, 52 U.S.C. § 30101(8)(A)(i)

— see also: LOANS

Matchable, 26 U.S.C. §§ 9033(b)(3) and (4) and 9034(a) 

Prohibited contributions

— by corporations, 52 U.S.C. § 30118(a)

— by federal government contractors, 52 U.S.C. § 30119

— by federally chartered corporations, 52 U.S.C. § 30118(a)

— by foreign nationals, 52 U.S.C. § 30121

— by labor organizations, 52 U.S.C. § 30118(a)

— by national banks, 52 U.S.C. § 30118(a)

— illegal to accept, 52 U.S.C. § 30116(f)

— made in the name of another, 52 U.S.C. § 30122

— nonfederal funds, to national committee, 52 U.S.C. § 30125(a)

— of currency exceeding $100, 52 U.S.C. § 30123

— “soft money,” to national committee, 52 U.S.C. § 30125(a)

Receipt of, 52 U.S.C. § 30102(b)

Recordkeeping for

— see: RECORDKEEPING 

Reporting of

— see: REPORTING

Segregated from personal funds, 52 U.S.C. § 30102(b)(3)

“Soft money” of political parties, 52 U.S.C. § 30125

Solicitation of

— see: FUNDRAISING 

Threshold for triggering

— candidate status, 52 U.S.C. § 30101(2)

— electronic filing, 52 U.S.C. § 30104(a)(11)

— monthly reporting by Presidential campaign, 52 U.S.C. § 30104(a)(3)(A)

— political committee status, 52 U.S.C. § 30101(4) 
Index

188

CONTRIBUTIONS, continued

To separate segregated funds

— limitations on, 52 U.S.C. § 30116(a)(1)(C) and (2)(C)

— voluntary methods of facilitating, 52 U.S.C. § 30118(b)(5)

To Presidential general election campaign, 26 U.S.C. §§ 9003(b)(2), 9004(b), 

9007(b)(3) and 9012(b); 52 U.S.C. § 30116(a)(1)(A), (2)(A) and (7)(D)

Transfers

— see: TRANSFERS 

Transmittal of, 52 U.S.C. § 30102(b)

Unlawful in publicly funded Presidential general election, 26 U.S.C. §§ 9003(b)(2) 

and (c)(2) and 9012(b)

Uses of, 52 U.S.C. § 30114

CONVENTION, NATIONAL NOMINATING

Account established for, by Secretary of Treasury, 26 U.S.C. § 9008(a) 

Certification of payments for, by Commission, 26 U.S.C. § 9008(g) 

Commission report to Congress on, 26 U.S.C. § 9009(a)

Entitlement to payments for, 26 U.S.C. § 9008(b) and (i)

Expenditures for, limitation on, 26 U.S.C. § 9008(d) 

Funds remaining after convention, 26 U.S.C. § 9008(f) 

Legal and accounting services, 26 U.S.C. § 9008(d)(4) 

Payments for

— availability of, 26 U.S.C. § 9008(e)

— entitlement of party to, 26 U.S.C. § 9008(b) and (i)

— limitation on, 26 U.S.C. § 9008(b)(4)

— made to national party, 26 U.S.C. § 9008(i)(2)

— use of, 26 U.S.C. § 9008(c) 

Public funding of, 26 U.S.C. § 9008

Repayments required, 26 U.S.C. § 9008(h) 

Report on financing, 52 U.S.C. § 30105

Unused funds, 26 U.S.C. § 9008(f) and (i)

Use of public funds for, 26 U.S.C. § 9008(c) and (i)

COOPERATIVE

See: CORPORATIONS/LABOR ORGANIZATIONS/NATIONAL BANKS; 

MEMBERSHIP ORGANIZATIONS/COOPERATIVES/ CORPORATIONS 

WITHOUT CAPITAL STOCK
Index

189

COORDINATED PARTY EXPENDITURES 

Based on

— Consumer Price Index, 52 U.S.C. § 30116(c)

— voting age population, 52 U.S.C. § 30116(d) and (e)

Electioneering communication, treated as, 52 U.S.C. § 30116(a)(7)(C) 

Limitations, 52 U.S.C. § 30116(d)

— in Congressional general election, 52 U.S.C. § 30116(d)(3)

— in Presidential general election, 52 U.S.C. § 30116(d)(2)

CORPORATIONS/LABOR ORGANIZATIONS/NATIONAL BANKS 

Communications by

— made to restricted class, 52 U.S.C. § 30118(b)(2)(A)

— not a contribution/expenditure, 52 U.S.C. §§ 30101(8)(B)(vi) and 

(9)(B)(v) and 30118(b)(2)(A)

— reporting of, 52 U.S.C. § 30101(9)(B)(iii) 

Contributions by

— definition, 52 U.S.C. §§ 30101(8)(A) and 30118(b)(2)

— electioneering communications by, considered as, 52 U.S.C. §

30118(b)(2)

— prohibited, 52 U.S.C. § 30118(a)

Establishment, administration and solicitation of contributions to separate 

segregated fund, 52 U.S.C. § 30118(b)(2)(C)

Executive/administrative personnel, defined, 52 U.S.C. § 30118(b)(7) 

Expenditures by, prohibited, 52 U.S.C. § 30118(a)

Labor organization, definition, 52 U.S.C. §§ 30118(b)(1) and 30119(c)

Legal or accounting services provided by, exempt, 52 U.S.C. § 30101(8)(B)(viii) 

and (9)(B)(vii)

Person, defined as, 52 U.S.C. § 30101(11) 

Separate segregated fund of

— see: SEPARATE SEGREGATED FUND 

Solicitations for separate segregated fund, 52 U.S.C. § 30118(b)

— by corporations, 52 U.S.C. § 30118(b)(2)(C)

— by labor organizations, 52 U.S.C. § 30118(b)(2)(C)

— by membership organization/cooperative/corporation without capital 

stock, 52 U.S.C. § 30118(b)(4)(C)

— by trade association, 52 U.S.C. § 30118(b)(4)(D)

— corporate methods, availability to labor organizations, 52 U.S.C. §

30118(b)(5) and (6)
Index

190

CORPORATIONS/LABOR ORGANIZATIONS/NATIONAL BANKS, continued

Solicitations for separate segregated fund, continued

— of executive/administrative personnel and stockholders, 52 U.S.C. §

30118(b)(2)(A)

— of non-executive/administrative personnel, 52 U.S.C. § 30118(b)(3)(B)

— voluntary contributions, 52 U.S.C. § 30118(b)(3)

Twice yearly solicitations, 52 U.S.C. § 30118(b)(3)(B)

Voter drive sponsored by, 52 U.S.C. §§ 30101(9)(B)(ii) and (iii) and 

30118(b)(2)(B)

See also: MEMBERSHIP ORGANIZATIONS/COOPERATIVES/ 

CORPORATIONS WITHOUT CAPITAL STOCK

CREDIT

Loans derived from candidate’s line of, exempt, 52 U.S.C. § 30101(8)(B)(xiv)

Regulations on extension of credit, 52 U.S.C. § 30141

CURRENCY

Limitation on contributions of, 52 U.S.C. § 30123

DEBTS AND OBLIGATIONS

Authority of Commission to establish procedures regarding, 52 U.S.C. § 30103(d)

Extension of credit, federal regulation of, 52 U.S.C. § 30141

Extinguishing of, 52 U.S.C. § 30103(d)

Reporting of, 52 U.S.C. § 30104(b)(8) 

See also: LOANS

DEFINITIONS

Act, 52 U.S.C. § 30101(19)

Appropriate State, 52 U.S.C. § 30113(a)(2)

Authorized committee, 26 U.S.C. §§ 9002(l) and 9032(l); 52 U.S.C. § 30101(6)

Base period, 52 U.S.C. § 30116(c)(2)(B)

Bundled contribution, 52 U.S.C. § 30104(i)(8)(A) 

Campaign depository, 52 U.S.C. § 30102(h)(1)

Candidate, 26 U.S.C. §§ 9002(2) and 9032(2); 52 U.S.C. § 30101(2)

Clearly identified candidate, 52 U.S.C. § 30101(18)

Commission, 26 U.S.C. §§ 9002(3) and 9032(3); 52 U.S.C. § 30101(10)

Connected organization, 52 U.S.C. § 30101(7)

Contribution, 26 U.S.C. §§ 9032(4) and 9034(a); 52 U.S.C. §§ 30101(8)(A) and 

30118(b)(2)

Disclaimer notices, 52 U.S.C. § 30120(a) 

Disclosure date, 52 U.S.C. § 30104(f)(4) 
Index

191

DEFINITIONS, continued

Election, 52 U.S.C. § 30101(l)

Election cycle, 52 U.S.C. § 30101(25)

Election-related report, 52 U.S.C. § 30112(b)

Electioneering communication, 52 U.S.C. §§ 30104(f)(3) and 30118(c)(1) 

Eligible candidates, 26 U.S.C. § 9002(4)

Employer, 52 U.S.C. § 30101(13)

Executive or administrative personnel, 52 U.S.C. § 30118(b)(7) 

Expenditure, 52 U.S.C. §§ 30101(9)(A) and 30118(b)(2) 

Expenditure report period, 26 U.S.C. § 9002(12)

Federal election activity, 52 U.S.C. § 30101(20) 

Federal office, 52 U.S.C. § 30101(3)

Foreign national, 52 U.S.C. § 30121(b) 

Fund, 26 U.S.C. § 9002(5)

Generic campaign activity, 52 U.S.C. § 30101(21)

Identification, 52 U.S.C. § 30101(13)

Immediate family, 26 U.S.C. §§ 9004(e) and 9035(b) 

Independent expenditure, 52 U.S.C. § 30101(17)

Labor organization, 52 U.S.C. §§ 30118(b)(1) and 30119(c) 

Leadership PAC, 52 U.S.C. §§ 30104(i)(8)(B) and 30114(c)(4) 

Legislative day, 26 U.S.C. §§ 9009(c)(3) and 9039(c)(3); 52 U.S.C. § 30111(d)(3)

Major party, 26 U.S.C. § 9002(6) 

Mass mailing, 52 U.S.C. § 30101(23)

Matching payment account, 26 U.S.C. § 9032(5) 

Matching payment period, 26 U.S.C. § 9032(6) 

Minor party, 26 U.S.C. § 9002(7)

Multicandidate committee, 52 U.S.C. § 30116(a)(4) 

National committee, 52 U.S.C. § 30101(14)

New party, 26 U.S.C. § 9002(8) 

Person, 52 U.S.C. § 30101(11) 

Personal funds, 52 U.S.C. § 30101(26)

Political committee, 26 U.S.C. §§ 9002(9) and 9032(8); 52 U.S.C. § 30101(4)

Political party, 52 U.S.C. § 30101(16)

Presidential election, 26 U.S.C. § 9002(10) 

Price index, 52 U.S.C. § 30116(c)(2)(A)

Primary election, 26 U.S.C. § 9032(7); 52 U.S.C. § 30101(1)(A), (C) and (D)

Principal campaign committee, 52 U.S.C. § 30101(5)

Public communication, 52 U.S.C. § 30101(22)
Index

192

DEFINITIONS, continued

Qualified campaign expenses, 26 U.S.C. §§ 9002(11) and 9032(9) 

Report, 52 U.S.C. § 30104(a)(11)(D)

Rules and regulations, 26 U.S.C. §§ 9009(c)(4) and 9039(c)(4); 52 U.S.C. § 

30111(d)(4)

Section 501(c)(4) organization, 26 U.S.C. § 501; 52 U.S.C. § 30118(c)(4)

State, 26 U.S.C. § 9032(10); 52 U.S.C. § 30101(12)

State committee, 52 U.S.C. § 30101(15)

Support for candidate, 52 U.S.C. § 30102(e)(3)(B)

Targeted communication, 52 U.S.C. § 30118(c)(6)(B) and (C) 

Telephone bank, 52 U.S.C. § 30101(24)

Voting age population, 52 U.S.C. § 30116(e) 

DELEGATE TO CONGRESS

See: CANDIDATE FOR REPRESENTATIVE, DELEGATE OR RESIDENT 

COMMISSIONER

DEPOSITORY

Committee depository, 52 U.S.C. § 30102(h)(1)

Listed on statement of organization, 52 U.S.C. § 30103(b)(6)

DISBURSEMENTS

Checking account for, 52 U.S.C. § 30102(h)(1)

Electioneering communication, made for, 52 U.S.C. § 30116(a)(7)(C)

— see also: ELECTIONEERING COMMUNICATIONS 

Petty cash fund for, 52 U.S.C. § 30102(h)(2)

Recordkeeping procedures, 52 U.S.C. § 30102(c)(5) 

Reporting

— disbursements, 52 U.S.C. § 30104(b)(6)(A) and (B)

— electioneering communications, costs of, 52 U.S.C. § 30104(f)

— expenditures, 52 U.S.C. § 30104(b)(4)

— non-election-related disbursements, 52 U.S.C. § 30104(b)(4)(G) and 

(H)(v)

— nonfederal amounts spent, 52 U.S.C. § 30104(e)

See also: EXPENDITURES 

DISCLAIMER NOTICE, 52 U.S.C. § 30120

DISCLOSURE

See: REPORTING
Index

193

ECONOMIC OPPORTUNITY ACT

Funds not for use in federal election, 52 U.S.C. § 30142

ELECTION

Convention or caucus, 52 U.S.C. § 30101(1)(B) 

Cycle, definition, 52 U.S.C. § 30101(25) 

Definition, 52 U.S.C. § 30101(1)

General, 26 U.S.C. § 9002(10); 52 U.S.C. § 30101(1)(A)

Presidential, defined, 26 U.S.C. § 9002(10)

Primary, defined, 26 U.S.C. § 9032(7); 52 U.S.C. § 30101(1)(A), (C) and (D)

Run-off, 52 U.S.C. § 30101(1)(A)

Selection of delegates to national convention, 52 U.S.C. § 30101(1)(C) 

Special, 52 U.S.C. § 30101(1)(A)

ELECTIONEERING COMMUNICATIONS 

Contracts for, 52 U.S.C. § 30104(f)(5)

Coordinated with candidate or with authorized or party committee, 52 U.S.C. § 

30116(a)(7)(C)

Definition, 52 U.S.C. §§ 30104(f)(3)(A) and 30118(c)(1) 

Disclaimer notice required, 52 U.S.C. § 30120(a) 

Disclosure of, 52 U.S.C. § 30104(f)

Exceptions, 52 U.S.C. § 30104(f)(3)(B)

— debate, 52 U.S.C. § 30104(f)(3)(B)(iii)

— expenditure, communication considered to be, 52 U.S.C. § 

30104(f)(3)(B)(ii)

— independent expenditure, communication considered to be, 52 U.S.C. §

30104(f)(3)(B)(ii)

— news story, commentary or editorial, 52 U.S.C. § 30104(f)(3)(B)(i) 

Foreign national prohibited from making, 52 U.S.C. § 30121(a)

Not an expenditure, 52 U.S.C. § 30104(f)(3)(B)(ii)

Reporting

— contents of report, 52 U.S.C. § 30104(f)(2)

— threshold for reporting, 52 U.S.C. § 30104(f)(1) 

Rules for

— Section 501(c)(4) organizations, 52 U.S.C. § 30118(c)

— Section 527 political organizations, 52 U.S.C. § 30118(c) 

Separate account for, when required, 52 U.S.C. § 30118(c)(3)(B) 

Targeted to relevant electorate, 52 U.S.C. § 30104(f)(3)(C)

When considered contribution/expenditure, 52 U.S.C. §§ 30116(a)(7)(C) and 

30118(b)(2)
Index

194

ELECTRONIC FILING

Accessibility to public, 52 U.S.C. §§ 30104(a)(11)(B) and (d)(2) and 30112

Independent expenditures, reports of

— electronic signatures on, 52 U.S.C. § 30104(a)(11)(C) and (d)(3)

— made by persons other than committees, 52 U.S.C. § 30104(c) and (d)

Mandatory for certain filers, 52 U.S.C. § 30104(a)(11)(A)(i) 

Record retention requirements, 52 U.S.C. § 30102(d)

Signature requirements for, 52 U.S.C. § 30104(a)(11)(C) and (d)(3) 

Software for, 52 U.S.C. § 30104(a)(12)

State filing exemption, 52 U.S.C. § 30113(c)

Thresholds for requiring, 52 U.S.C. § 30104(a)(11)(A)(i) 

Verification of filing, 52 U.S.C. § 30104(a)(11)(C) and (d)(3) 

Voluntary, 52 U.S.C. § 30104(a)(11)(A)(ii)

See also: FILING STATEMENTS AND REPORTS

ELIGIBILITY FOR PUBLIC FUNDS 

Presidential general election campaign

— candidate agreements, 26 U.S.C. § 9003(a)

— certifications by candidates, 26 U.S.C. § 9003(b) and (c)

— certifications by Commission, 26 U.S.C. § 9005(a)

— closed captioning requirement, 26 U.S.C. § 9003(e)

— eligible candidates, defined, 26 U.S.C. § 9002(4)

— general conditions for eligibility, 26 U.S.C. § 9003(a)

— major party candidates, 26 U.S.C. § 9003(b)

— minor party candidates, 26 U.S.C. § 9003(c)

— withdrawal by candidate, 26 U.S.C. § 9003(d) 

Presidential primary campaign

— candidate agreements, 26 U.S.C. § 9033(a)

— certifications by candidates, 26 U.S.C. § 9033(b)

— certifications by Commission, 26 U.S.C. § 9036(a)

— conditions for eligibility, 26 U.S.C. § 9033(a) and (b)

— dates of ineligibility, 26 U.S.C. § 9033(c)

— matching payment threshold requirements, 26 U.S.C. § 9033(b)(3)

— re-establishment of eligibility, 26 U.S.C. § 9033(c)(4)

— termination of eligibility, 26 U.S.C. § 9033(c)

ENFORCEMENT 

Attorney General

— report by, 52 U.S.C. § 30109(c)

— violations referred to, 52 U.S.C. § 30109(a)(5)(C)
Index

195

ENFORCEMENT, continued

Civil enforcement, exclusive jurisdiction of Commission, 52 U.S.C. §§ 

30106(b)(1) and 30107(e)

Civil proceedings

— Commission’s authority to defend or appeal, 52 U.S.C. §§ 30106(f)(4) 

and 30107(a)(6)

— Commission’s authority to initiate, 52 U.S.C. §§ 30107(a)(6) and (e), 

30109(a)(5)(D) and (6)(A)

— complainant’s authority to initiate, 52 U.S.C. § 30109(a)(8) 

Complaint

— complainant’s recourse, 52 U.S.C. § 30109(a)(8)

— filing of, 52 U.S.C. § 30109(a)(1)

— investigations, 52 U.S.C. § 30109(a)(2)

— notification to respondent, 52 U.S.C. § 30109(a)(1), (2) and (3)

— processing of, 52 U.S.C. § 30109(a)(1) 

Conciliation agreement

— attempt to enter into, 52 U.S.C. § 30109(a)(4)(A)

— civil action instituted if violated, 52 U.S.C. § 30109(a)(5)(D)

— civil penalty included in, 52 U.S.C. § 30109(a)(5)(A) and (B)

— evidence for defense in criminal action, 52 U.S.C. § 30109(d)(2) and (3)

— public disclosure of, 52 U.S.C. § 30109(a)(4)(B)

— violation of, 52 U.S.C. § 30109(a)(5)(D) 

Confidentiality, 52 U.S.C. § 30109(a)(12)

Court order in civil action, 52 U.S.C. § 30109(a)(6) and (11) 

Criminal violations

— contributions in name of another, 52 U.S.C. § 30109(d)(1)(D)

— defense of, 52 U.S.C. § 30109(d)(2) and (3)

— penalties for, 52 U.S.C. § 30109(d)(1)

— public funding violations, 26 U.S.C. §§ 9012 and 9042

— referral to Attorney General, 52 U.S.C. § 30109(a)(5) and (c)

— statute of limitations, 52 U.S.C. § 30145

Failure to file reports, 52 U.S.C. §§ 30109(b) and 30111(a)(7) 

General Counsel, recommendation of, 52 U.S.C. § 30109(a)(3) 

Initial processing of complaint, 52 U.S.C. § 30109(a)(1)

Internally generated compliance matters, 52 U.S.C. § 30109(a)(2) 

Investigations of alleged violations

— Commission authority to conduct, 52 U.S.C. §§ 30107(a), 30109(a)(2) 

and 30111(b)

— no civil liability for disclosing information, 52 U.S.C. § 30107(c)

— public disclosure of, 52 U.S.C. § 30109(a)(12) 

Judicial review of FECA, 52 U.S.C. § 30110 
Index

196

ENFORCEMENT, continued 

Obstruction of, 18 U.S.C. § 1505

Opportunity to respond to complaint, 52 U.S.C. § 30109(a)(1) 

Penalties

— adjusted for inflation, 28 U.S.C. § 2462 Nt.

— administrative fines for reporting violations, 52 U.S.C. § 30109(a)(4)(C)

— civil, 52 U.S.C. § 30109(a)(6)

— conciliation agreement, 52 U.S.C. § 30109(a)(5)(A) and (B)

— confidentiality requirement, violation of, 52 U.S.C. § 30109(a)(12)(B)

— criminal, 26 U.S.C. §§ 9012 and 9042; 52 U.S.C. § 30109(d)

— knowing and willful violations, 52 U.S.C. § 30109(a)(5)(B), (6)(C) and 

(d)(1)

— public funding violations, 26 U.S.C. §§ 9012 and 9042

Probable cause to believe finding, 52 U.S.C. § 30109(a)(4)(A)

— briefing, 52 U.S.C. § 30109(a)(3)

— notification of respondent, 52 U.S.C. § 30109(a)(3)

Public disclosure of Commission action, 52 U.S.C. § 30109(a)(4)(B) 

Reason-to-believe finding, 52 U.S.C. § 30109(a)(2)

— investigation, 52 U.S.C. § 30109(a)(2)

— notification of respondent, 52 U.S.C. § 30109(a)(2) 

Statute of limitations for

— civil violations, 28 U.S.C. § 2462

— criminal violations, 52 U.S.C. § 30145

Subpoenas and depositions

— Commission authority to administer oaths and affirmations, 52 U.S.C. § 

30107(a)(2)

— Commission authority to order, 52 U.S.C. § 30107(a)(1), (3) and (4)

— witness fees and mileage, 52 U.S.C. § 30107(a)(5) 

Written questions under oath, 52 U.S.C. § 30107(a)(1)

ENTITLEMENT TO PUBLIC FUNDS

Presidential general election candidates, 26 U.S.C. § 9004

— limitations on, 26 U.S.C. § 9004(b)

— major party candidate, 26 U.S.C. § 9004(a)(1)

— minor party candidate, 26 U.S.C. § 9004(a)(2) and (3)

— post-election payments, 26 U.S.C. § 9004(a)(3)

— restrictions on use of payments, 26 U.S.C. § 9004(c) 

Presidential primary election candidates, 26 U.S.C. § 9034

— after ineligibility date, 26 U.S.C. § 9033(c)(1)

— limitations on amount, 26 U.S.C. § 9034(b)
Index

197

ENTITLEMENT TO PUBLIC FUNDS, continued

Presidential primary election candidates, continued

— of candidate, 26 U.S.C. § 9034

— to matching fund payments, 26 U.S.C. § 9034

See also: ELIGIBILITY FOR PUBLIC FUNDS

EXAMINATIONS AND AUDITS

See: AUDITS

EXPENDITURES

Advance, 52 U.S.C. § 30101(9)(A)(i)

Air travel, restrictions on, 52 U.S.C. § 30114(c) 

By

— campaigns, 52 U.S.C. § 30114

— corporations/labor organizations/national banks, 52 U.S.C. § 30118(a)

— party committees in general election, 52 U.S.C. § 30116(d)

— person, at request of party committee, 52 U.S.C. § 30116(a)(7)(B)(ii)

— Presidential candidates, limitations, 52 U.S.C. § 30116(b)

— state and local party committees, for federal election activity, 52 U.S.C. 

§§ 30101(20) and 30125(b) 

Campaign funds

— air travel, restrictions on using, 52 U.S.C. § 30114(c)

— permissible uses for, 52 U.S.C. § 30114(a)

— personal use of, prohibited, 52 U.S.C. § 30114(b)(1) and (2)

— prohibited uses of, 52 U.S.C. § 30114(b) 

Check used for, 52 U.S.C. § 30102(h)(1)

Contract, promise or agreement to make, 52 U.S.C. § 30101(9)(A)(ii)

Coordinated

— see: COORDINATED PARTY EXPENDITURES; ELECTIONEERING 

COMMUNICATIONS

Definition, 52 U.S.C. §§ 30101(9)(A) and 30118(b)(2) 

Exemptions from definition, 52 U.S.C. § 30101(9)(B)

— ballot access payments to party, 52 U.S.C. § 30101(9)(B)(x)

— campaign materials used by state or local party, 52 U.S.C. §

30101(9)(B)(viii)

— electioneering communication, 52 U.S.C. § 30104(f)(3)(B)(ii)

— exempt corporate/labor disbursements, 52 U.S.C. §§ 30101(9)(B)(iii) and 

(v) and 30118(b)(2)

— express advocacy communications by corporation or membership 

organization, 52 U.S.C. §§ 30101(9)(B)(iii) and 30118(b)(2)(A)

— legal/accounting expenses, 26 U.S.C. § 9008(d)(4); 52 U.S.C. § 

30101(9)(B)(vii)
Index

198

EXPENDITURES, continued

Exemptions from definition, continued

— news story, commentary or editorial, 26 U.S.C. § 9012(f)(2)(A); 52 

U.S.C. § 30101(9)(B)(i)

— nonpartisan voter drive, 52 U.S.C. §§ 30101(9)(B)(ii) and 

30118(b)(2)(B)

— Presidential fundraising, 52 U.S.C. § 30101(9)(B)(vi)

— separate segregated fund, establishment, administration of and 

solicitation of funds for, by corporation/labor organization, 52 U.S.C. §§ 

30101(9)(B)(v) and 30118(b)(2)(C)

— slate card/sample ballot, 52 U.S.C. § 30101(9)(B)(iv)

— voter drive for Presidential election conducted by state or local party, 52 

U.S.C. § 30101(9)(B)(ix)

— voter drives, 52 U.S.C. §§ 30101(9)(B)(ii) and 30118(b)(2)(B) 

Independent

— see: INDEPENDENT EXPENDITURES

Limitations on

— coordinated expenditures made by party committee, 52 U.S.C. § 

30116(c) and (d)

— prohibition on exceeding, 52 U.S.C. § 30116(f) 

Limitations on, for Presidential elections

— attribution of multistate expenditures, 52 U.S.C. § 30116(g)

— based on Consumer Price Index, 52 U.S.C. § 30116(c)

— based on voting age population, 52 U.S.C. § 30116(b)(1)(A) and (g)

— campaign for party nomination, 26 U.S.C. § 9035(a); 52 U.S.C. § 

30116(b)(1)(A)

— fundraising, exemption, 52 U.S.C. § 30101(9)(B)(vi)

— general election campaign, 52 U.S.C. § 30116(b)(1)(B)

— made by party committee, 52 U.S.C. § 30116(d)(2)

— personal funds of candidate, 26 U.S.C. §§ 9004(d) and 9035(a)

— prohibition on exceeding, 26 U.S.C. §§ 9012(a), 9035 and 9042(a); 52 

U.S.C. § 30116(f)

— unauthorized expenditures, 26 U.S.C. § 9012(f) 

Party committee expenditures

— see: CONVENTION, NATIONAL NOMINATING, COORDINATED 

PARTY EXPENDITURES; ELECTIONEERING 

COMMUNICATIONS; FEDERAL ELECTION ACTIVITY; 

PARTY COMMITTEE

Personal funds used for

— see: PERSONAL FUNDS

Petty cash fund, 52 U.S.C. § 30102(h)(2) 
Index

199

EXPENDITURES, continued

Presidential elections, publicly funded

— attribution of multistate expenditures, 52 U.S.C. § 30116(g)

— expenditure made on behalf of candidate, 52 U.S.C. § 30116(b)(2)

— limitation based on increase in price index, 52 U.S.C. § 30116(c)

— limitations on expenditures, 52 U.S.C. § 30116(b); 26 U.S.C. §§ 9004(a) 

and 9035(a).

— nominating convention, limitations, 26 U.S.C. § 9008(d)

— personal funds of candidate, 26 U.S.C. §§ 9004(d) and 9035(a)

— qualified campaign expense, see: QUALIFIED CAMPAIGN 

EXPENSES

— restrictions on use of payments, 26 U.S.C. §§ 9004(c) and 9038(b)(2)

— unauthorized expenditures, 26 U.S.C. §§ 9004(c) and 9038(b)(2) 

Prohibitions

— knowingly making expenditure exceeding limitation, 52 U.S.C. §

30116(f)

— on corporations and labor organizations, 52 U.S.C. § 30118

— personal use of contributed funds, 52 U.S.C. § 30114(b) 

Recordkeeping required for, 52 U.S.C. § 30102(c)(5) and (h)(2) 

Reporting of, 52 U.S.C. § 30104(a)(1) and (b)(4) and (5) 

Threshold for triggering

— candidate status, 52 U.S.C. § 30101(2)

— electronic filing, 52 U.S.C. § 30104(a)(11)

— political committee status, 52 U.S.C. § 30101(4) 

Transfers

— see: TRANSFERS

Treasurer’s authorization required for, 52 U.S.C. § 30102(a)

EXPRESS ADVOCACY

Corporate/labor communications, 52 U.S.C. § 30101(9)(B)(iii) 

Disclaimer notice required, 52 U.S.C. § 30120(a)

Electioneering communications, not present in, 52 U.S.C. § 30104(f)(3)(A) 

Independent expenditures, included in definition, 52 U.S.C. § 30101(17) 

See also: COMMUNICATIONS

EXTENSION OF CREDIT 

Regulations on, 52 U.S.C. § 30141

See also: CREDIT
Index

200

FEDERAL COMMUNICATIONS COMMISSION

Broadcasters regulated by, 26 U.S.C. § 9012(f)(2)(A); 47 U.S.C. §§ 312 and 315

Coordination with FEC regarding election-related reports, 52 U.S.C. § 30112

Regulations on extension of credit, 52 U.S.C. § 30141

FEDERAL CONTRACTOR

See: FEDERAL GOVERNMENT CONTRACTOR

FEDERAL ELECTION ACTIVITY 

Definition, 52 U.S.C. § 30101(20)

Disbursements for, 52 U.S.C. §§ 30101(20) and 30125(b)(1)

Excluded activity, 52 U.S.C. § 30101(20)(B)

— certain public communications referring to nonfederal candidates, 52 

U.S.C. § 30101(20)(B)(i)

— contributions to nonfederal candidates, 52 U.S.C. § 30101(20)(B)(ii)

— conventions and meetings, 52 U.S.C. § 30101(20)(B)(iii)

— materials of state/local party only mentioning nonfederal candidates, 52 

U.S.C. § 30101(20)(B)(ii) 

Fundraising for, costs of, 52 U.S.C. § 30125(c)

Generic campaign activity, defined as, 52 U.S.C. §§ 30101(20)(A)(ii) and 

30101(21)

Get-out-the-vote drives, defined as, 52 U.S.C. § 30101(20)(A)(ii)

“Levin” funds

— may be raised or spent for, 52 U.S.C. § 30125(b)(2)(A)(ii)

— reporting of, 52 U.S.C. § 30104(e)

— see also: “LEVIN” FUNDS

Mass mailing, definition, 52 U.S.C. § 30101(23) 

Public communication

— definition, 52 U.S.C. § 30101(22)

— referring to federal candidate, defined as, 52 U.S.C. § 30101(20)(A)(iii)

— referring to nonfederal candidates, excluded, 52 U.S.C. §

30101(20)(B)(i)

Services of party employees, when considered, 52 U.S.C. § 30101(20)(A)(iv) 

Telephone bank, definition, 52 U.S.C. § 30101(24)

Voter identification, defined as, 52 U.S.C. § 30101(20)(A)(ii) 

Voter registration, defined as, 52 U.S.C. § 30101(20)(A)(i)

FEDERAL ELECTION CAMPAIGN ACT 

Administrative provisions of, 52 U.S.C. § 30111

Definition, 52 U.S.C. § 30101(19)
Index

201

FEDERAL ELECTION CAMPAIGN ACT, continued

Judicial review of, 52 U.S.C. § 30110

— see also: JUDICIAL PROCEEDINGS 

Partial invalidity, 52 U.S.C. § 30144

State law superseded by, 52 U.S.C. § 30143

Statute of limitations, 52 U.S.C. § 30145

FEDERAL ELECTION COMMISSION 

Advisory opinions of

— see: ADVISORY OPINIONS

Annual report to Congress, 52 U.S.C. § 30111(a)(9) 

Appropriations to, 52 U.S.C. § 30115

Audits

— see: AUDITS

Authority to

— collect conference attendance fees, 52 U.S.C. § 30146

— conduct audits, 26 U.S.C. §§ 9007(a), 9009(b), 9038(a) and 9039(b); 52 

U.S.C. §§ 30109(a)(2) and 30111(b)

— conduct investigations, 52 U.S.C. § 30107(a)

— establish procedures for insolvency and termination of political 

committees, 52 U.S.C. § 30103(d)(2)

— impose civil penalties for reporting violations, 52 U.S.C. § 

30109(a)(4)(C)

— prescribe regulations, 26 U.S.C. §§ 9009(b) and 9039(b); 52 U.S.C. § 

30107(a)(8)

— render advisory opinions, 52 U.S.C. §§ 30107(a)(7) and 30108

— require standards for electronic filers and software vendors, 52 U.S.C. §

30104(a)(12)(B)

Budget request, 52 U.S.C. § 30107(d)(1) 

Commissioners

— election of chairman, 52 U.S.C. § 30106(a)(5)

— qualifications, 52 U.S.C. § 30106(a)(3)

— salary of, 52 U.S.C. § 30106(a)(4)

— term of office, 52 U.S.C. § 30106(a)(2)

— vacancy, 52 U.S.C. § 30106(a)(2)(C) and (D) 

Conferences by, 52 U.S.C. § 30146

Definition, 26 U.S.C. §§ 9002(3) and 9032(3); 52 U.S.C. § 30101(10)
Index

202

FEDERAL ELECTION COMMISSION, continued 

Duties of, 52 U.S.C. § 30111(a)

— facilitating disclosure, 52 U.S.C. §§ 30104(a)(11)(B) and (12), (d)(2), (h) 

and (i)(4) and 30111(a)(4)

— filing system, development of, 52 U.S.C. § 30111(a)(3)

— indexing reports, 52 U.S.C. § 30111(a)(6)

— posting electronically filed reports, 52 U.S.C. §§ 30104(a)(1)(B) and 

(12)(D) and 30112(a)

— preparation of manuals, 52 U.S.C. § 30111(a)(2)

— prescribing forms, 52 U.S.C. § 30111(a)(1) and (8)

— prescribing regulations, 26 U.S.C. §§ 9009(b) and (c) and 9039(b) and 

(c); 52 U.S.C. § 30111(a)(8)

— publication and transmittal of annual report, 52 U.S.C. § 30111(a)(9)

— publicizing non-filers, 52 U.S.C. § 30111(a)(7)

— recommendations for legislative action, 52 U.S.C. § 30111(a)(9)

— retention of reports, 52 U.S.C. §§ 30104(h) and 30111(a)(5)

— website of election reports, maintenance of, 52 U.S.C. § 30112

Enforcement of Act by

— see: ENFORCEMENT

Establishment and organization of, 52 U.S.C. § 30106(a)

Filing reports and statements with

— see: ELECTRONIC FILING; FILING STATEMENTS AND REPORTS

Forms prescribed by

— see: FORMS

General counsel of, 52 U.S.C. § 30106(f)(1) 

Indexes compiled by

— see: INDEXES

— see: ADVISORY OPINIONS

Jurisdiction of, 52 U.S.C. § 30106(b)

Legislative recommendations, 52 U.S.C. §§ 30107(d)(2) and 30111(a)(9) 

Meetings held by, 52 U.S.C. § 30106(c) and (d)

Official seal of, 52 U.S.C. § 30106(e)

Personnel, 52 U.S.C. §§ 30106(f) and 30109(a)(12)(B) 

Powers of, 52 U.S.C. § 30107

Principal office of, 52 U.S.C. § 30106(e)

Recommendations for legislative action, 52 U.S.C. §§ 30107(d)(2) and 

30111(a)(9) 
Index

203

FEDERAL ELECTION COMMISSION, continued 

Regulations

— cooperation with Internal Revenue Service in developing, 52 U.S.C. § 

30111(f)

— duty to prescribe, 52 U.S.C. § 30111(a)(8)

— good faith reliance on, 52 U.S.C. § 30111(e)

— transmittal to Congress, 52 U.S.C. § 30111(d) 

Rules of conduct, 52 U.S.C. § 30106(e)

Staff director of, 52 U.S.C. § 30106(f)(1) 

Statutory officers, 52 U.S.C. § 30106(f)

FEDERAL GOVERNMENT CONTRACTOR, 52 U.S.C. § 30119

Contributions by, prohibited, 52 U.S.C. § 30119(a)(1)

Separate segregated fund, establishment by, 52 U.S.C. § 30119(b) 

Solicitations by, prohibited, 52 U.S.C. § 30119(a)(2)

FEDERAL OFFICE, 52 U.S.C. § 30101(3)

FILING STATEMENTS AND REPORTS 

Availability of filings, 52 U.S.C. § 30104(a)(11)(B) 

By

— committees receiving bundled contributions, 52 U.S.C. § 30104(i)

— committees supporting Presidential candidates, 52 U.S.C. §§ 30102(f),

30103(a), 30104(a)(1) and (3) and (i), and 30113(a)

— inaugural committees, 36 U.S.C. § 510(b)(1); 52 U.S.C. § 30104(h)

— national party committees, 52 U.S.C. §§ 30102(g), 30103(a), 

30104(a)(1), (4)(B), (e) and (i), and 30113(a)

— other authorized committees, 52 U.S.C. §§ 30102(f), 30103(a), 

30104(a)(1) and (2) and (i), and 30113(a)

— persons making electioneering communications, 52 U.S.C. § 30104(f)

— persons making independent expenditures, 52 U.S.C. § 30104(c), (d) and 

(g)

— unauthorized committees, 52 U.S.C. §§ 30102(g), 30103(a), 30104(a)(1) 

and (4) and (i), and 30113(a) 

Convention financing reports, 52 U.S.C. § 30105

Dates for, 52 U.S.C. § 30104(a)(2)-(4)

Duties of State officers regarding, 52 U.S.C. § 30113(b) 

Electioneering communications, statements of, 52 U.S.C. § 30104(f) 

Electronic signatures, 52 U.S.C. § 30104(a)(11)(C) and (d) 
Index

204

FILING STATEMENTS AND REPORTS, continued

Electronically, 52 U.S.C. §§ 30104(a)(11) and (12), (d) and 30113(c)

— see also: ELECTRONIC FILING 

Failure to file, 52 U.S.C. §§ 30109(b) and 30111(a)(7) 

Forms

— see: FORMS

Independent expenditure reports, 52 U.S.C. § 30104(c), (d) and (g)

Last-minute large contributions, 48-hour notice of, 52 U.S.C. § 30104(a)(6)(A) 

Overnight delivery used for, 52 U.S.C. § 30104(a)(2)(A)(i), (4)(A)(ii) and (5) 

Point of entry, 52 U.S.C. § 30102(g)

Postmark as date of filing, 52 U.S.C. § 30104(a)(2)(A)(i), (4)(A)(ii) and (5) 

Requirements for, 52 U.S.C. § 30104(a)

— see also: ELECTRONIC FILING; REPORTING 

Special election reports, 52 U.S.C. § 30104(a)(9)

Statement of Organization, 52 U.S.C. § 30103(a) 

Termination of registration, 52 U.S.C. § 30103(d)

When to file

— electioneering communications, statements of, 52 U.S.C. § 30104(f)(1)

— House candidates and committees, 52 U.S.C. §§ 30104(a)(2) and (6)(A) 

— inaugural committees, 36 U.S.C. § 510(b)(1)

— independent expenditure reports, 52 U.S.C. § 30104(a)(2), (c) and (g)

— national party committees, 52 U.S.C. § 30104(a)(4)(B)

— Presidential candidate and committees, 52 U.S.C. § 30104(a)(3)

— Senate candidates and committees, 52 U.S.C. § 30104(a)(2) and (6)(A)-

(B)

— separate segregated funds, 52 U.S.C. § 30104(a)(4)

— state and local party committees, 52 U.S.C. § 30104(a)(4)

— unauthorized committees, 52 U.S.C. § 30104(a)(4) 

Where to file

— electioneering communications, statements of, 52 U.S.C. § 30104(f)(1)

— House candidates and committees, 52 U.S.C. §§ 30102(g), 

30104(a)(6)(A), and 30113(a)(1) and (2)(B)

— independent expenditure reports, 52 U.S.C. §§ 30104(g)(3) and 30113(a)

— Presidential candidates and committees, 52 U.S.C. §§ 30102(g) and 

30113(a)(1) and (2)(A)

— Senate candidates and committees, 52 U.S.C. §§ 30102(g), 30104(a)(6) 

and 30113(a)(1) and (2)(B)

— unauthorized political committees, 52 U.S.C. §§ 30102(g) and 30113(a) 

With state officer, 52 U.S.C. § 30113(a) and (c)

See also: ELECTRONIC FILING; REPORTING
Index

205

FOREIGN NATIONALS

Contributions by, prohibited, 52 U.S.C. § 30121(a) 

Definition, 52 U.S.C. § 30121(b)

Donations by, prohibited, 52 U.S.C. § 30121(a)

Electioneering communications, disbursements for prohibited, 52 U.S.C. §

30121(a)

Expenditures by, prohibited, 52 U.S.C. § 30121(a) 

Solicitation of, prohibited, 52 U.S.C. § 30121(a)(2) 

U.S. Nationals, not defined as, 52 U.S.C. § 30121(b)

FORMS

Commission authority to prescribe, 52 U.S.C. §§ 30107(a)(8) and 30111(a)(1) and 

(8)

Cooperation with IRS in developing, 52 U.S.C. § 30111(f) 

Electronic filing of, 52 U.S.C. §§ 30104(a)(11) and (12) and 30113(c) 

Exempt from, 44 U.S.C. § 3512; 52 U.S.C. § 30111(c)

Software for, 52 U.S.C. § 30104(a)(12)

FRAUDULENT MISREPRESENTATION

Fraudulent misrepresentation of campaign authority

— generally, 52 U.S.C. § 30124(a)

— in soliciting funds, 52 U.S.C. § 30124(b)

FUNDRAISING

Bundled contributions, disclosure of, 52 U.S.C. § 30104(i) 

By

— federal candidate or officeholder, for party, prohibited, 52 U.S.C. § 

30125(e)

— federal candidate or officeholder, for tax exempt organizations, 52 

U.S.C. § 30125(e)(4)

— national committee, for itself, 52 U.S.C. § 30125(a)

— national committee, for section 501(c) or 527 organizations, 52 U.S.C. § 

30125(d)

— state, district or local party committee, for itself, 52 U.S.C. § 30125(b)

— state, district or local party committee, for section 501(c) or 527 

organizations, 52 U.S.C. § 30125(d)

Contribution limits, 52 U.S.C. § 30116

Costs incurred for party federal election activity, 52 U.S.C. § 30125(c) 

Disclaimer notices required, 26 U.S.C. § 6113; 52 U.S.C. § 30120

Exemption for publicly funded Presidential campaign, 52 U.S.C. §

30101(9)(B)(vi)
Index

206

FUNDRAISING, continued

For

— authorized committee, 52 U.S.C. § 30104(i)(6) and 30125(e)(1)

— federal election activity of state or local party, 52 U.S.C § 30125(c)

— leadership PAC, 52 U.S.C. §§ 30104(i)(6) and 30125(e)(1)

— national party, 52 U.S.C. §§ 30104(i)(6) and 30125(a)

— separate segregated fund, 52 U.S.C. § 30118(b)

— state, district or local party, 52 U.S.C. §§ 30104(i)(6) and 30125(b), (c), 

(d)(2) and (e)(1)(A)

— tax exempt organization, 52 U.S.C. § 30125(d)

Foreign national, solicitation of prohibited, 52 U.S.C. § 30121(a)(2) 

Fraudulent solicitation of funds, prohibited, 52 U.S.C. § 30124(b) 

Joint

— by party committees, restrictions on, 52 U.S.C. § 30125(b)(2)(C)

— committee established for, 52 U.S.C. § 30102(e)(3)(A)(ii)

— transfers of funds raised through, 52 U.S.C. § 30116(a)(5)(A)

— when prohibited, 52 U.S.C § 30125(b)(2)(B)(iv) 

Separate segregated fund, solicitation rules for

— by trade association, 52 U.S.C. § 30118(b)(4)(D)

— corporate methods made available to labor organization, 52 U.S.C. § 

30118(b)(5) and (6)

— corporation/labor organization may pay for, 52 U.S.C. §§ 30118(b)(2)(C) 

and 30119(b)

— information required in, 52 U.S.C. § 30118(b)(3)(B) and (C)

— “restricted class” defined, 52 U.S.C. § 30118(b)(4)(A)

— twice-yearly, 52 U.S.C. § 30118(b)(4)(B)

Using FEC reports for, prohibited, 52 U.S.C. § 30111(a)(4)

GET-OUT-THE-VOTE ACTIVITIES

See: VOTER DRIVES

GOVERNMENT CONTRACTOR

See: FEDERAL GOVERNMENT CONTRACTOR

INAUGURAL COMMITTEES 

Disclosure by, 36 U.S.C. § 510(b)

Foreign nationals, donations by prohibited, 36 U.S.C. § 510(c) 

Reports by, filed with FEC, 36 U.S.C. § 510(b)(1); 52 U.S.C. § 30104(h)
Index

207

INDEPENDENT EXPENDITURES

By foreign nationals, prohibited, 52 U.S.C. § 30121(a)(1)(C) 

Clearly identified candidate, definition, 52 U.S.C. § 30101(18) 

Coordination absent, 52 U.S.C. § 30101(17)(B) 

Definition, 52 U.S.C. § 30101(17)

Electioneering communication not considered, 52 U.S.C. § 30104(f)(3)(B)(ii) 

Electronic signatures on reports of, 52 U.S.C. § 30104(c)(2) and (d)

Express advocacy contained in, 52 U.S.C. § 30101(17)

Filed by facsimile machine or electronic mail, 52 U.S.C. § 30104(d)(1) 

Index on, 52 U.S.C. § 30104(c)(3)

Non-authorization notice required, 52 U.S.C. § 30120

Reporting of

— filed by facsimile machine or electronic mail, 52 U.S.C. § 30104(d)(1)

— last-minute, $1,000 or more, 52 U.S.C. § 30104(d) and (g)(1) and (4)

— last-minute, $10,000 or more, 52 U.S.C. § 30104(d) and (g)(2)-(4)

— when made by individuals/persons, 52 U.S.C. § 30104(c), (d) and (g)

— when made by political committees, 52 U.S.C. § 30104(b)(4)(H)(iii), 

(6)(B)(iii), (d) and (g)

INDEXES

Cumulative index of designations, reports and statements, 52 U.S.C. § 

30111(a)(6)(A)

Development of filing, coding and cross-indexing system, 52 U.S.C. § 30111(a)(3)

Independent expenditures, 52 U.S.C. § 30104(c)(3)

Multicandidate committee filings, 52 U.S.C. § 30111(a)(6)(B) and (C) 

Used to adjust limitations

— see: CONSUMER PRICE INDEX

INDIVIDUAL

Candidate

— see: CANDIDATE FOR PRESIDENT; CANDIDATE FOR 

REPRESENTATIVE, DELEGATE OR RESIDENT 

COMMISSIONER; CANDIDATE FOR SENATOR

Contribution/expenditure exemptions

— building fund donation, 52 U.S.C. § 30101(8)(B)(viii)

— food/beverages/invitations provided, 52 U.S.C. § 30101(8)(B)(ii) and 

(iii)

— home/church/community room, use of, 52 U.S.C. § 30101(8)(B)(ii)

— legal and accounting services, 52 U.S.C. § 30101(8)(B)(viii) and 

(9)(B)(vii)

— real or personal property, use of, 52 U.S.C. § 30101(8)(B)(ii)
Index

208

INDIVIDUAL, continued

Contribution/expenditure exemptions, continued

— travel, unreimbursed, 52 U.S.C. § 30101(8)(B)(iv)

— volunteer services, 52 U.S.C. § 30101(8)(B)(i) 

Contributions

— bundled by, 52 U.S.C. § 30104(i)(7)

— limitations on, 52 U.S.C. § 30116(a)(1) and (3) and (c)

— see also: CONTRIBUTIONS 

Electioneering communications made by

— see: ELECTIONEERING COMMUNICATIONS

Executive or administrative personnel, definition, 52 U.S.C. § 30118(b)(7) 

Expenditure by, coordinated with party, 52 U.S.C. § 30116(a)(7)(B)(ii) 

Identification of, 52 U.S.C. § 30101(13)(A)

Independent expenditures made by

— see: INDEPENDENT EXPENDITURES 

Person, defined as, 52 U.S.C. § 30101(11)

Personal funds, segregated from contributions, 52 U.S.C. § 30102(b)(3) 

Prohibitions that may apply

— contribution made in name of another, 52 U.S.C. § 30122

— federal government contractor, 52 U.S.C. § 30119

— foreign national, 52 U.S.C. § 30121

Reporting required of

— electioneering communications, 52 U.S.C. § 30104(f)

— independent expenditures, 52 U.S.C. § 30104(c), (d) and (g) 

Volunteer services, 52 U.S.C. § 30101(8)(B)(i)

INTERNAL REVENUE SERVICE

Cooperative effort with FEC, 52 U.S.C. § 30111(f)

Political or electioneering activities, definition not affected, 52 U.S.C. §

30104(f)(7)

Internal Revenue Code, selected excerpts (Appendix)

— charitable contributions and gifts, 26 U.S.C. § 170(c)

— debts owed by political party, 26 U.S.C. § 271

— disclosure of nondeductibility of contributions, 26 U.S.C. §§ 6113 and 

6710

— exemptions from tax, 26 U.S.C. § 501

— gift tax, imposition of, 26 U.S.C. § 2501

— indirect contributions to political parties, 26 U.S.C. § 276

— failure of exempt organization to file returns, 26 U.S.C. § 6652(c)

— political organizations, 26 U.S.C. § 527
Index

209

INTERNAL REVENUE SERVICE, continued

Internal Revenue Code, selected excerpts (Appendix), continued

— Presidential election campaign fund, designation by individuals to, 26 

U.S.C. § 6096

— returns of income, political organizations required to make, 26 U.S.C. §§ 

6012(a)(6) and 6033(g)

— transfer of appreciated property to political organizations, 26 U.S.C. § 84

INVESTIGATIONS

See: AUDITS; ENFORCEMENT

JOINT FUNDRAISING

See: FUNDRAISING

JUDICIAL PROCEEDINGS

Appeal to Supreme Court, 26 U.S.C. §§ 9010(d) and 9040(d); 52 U.S.C. § 30110

Appointment of counsel, 26 U.S.C. §§ 9010(a) and 9040(a); 52 U.S.C. § 

30106(f)(4)

Court orders for compliance, 52 U.S.C. §§ 30107(b) and 30109(a)(6) and (11)

Declaratory judgment or injunctive relief, 26 U.S.C. §§ 9010(c), 9011(b)(1) and 

9040(c); 52 U.S.C. § 30110(a)

Judicial review

— of Act, 52 U.S.C. § 30110

— of public funding action, 26 U.S.C. §§ 9011 and 9041

Public funding, proceedings in connection with, 26 U.S.C. §§ 9010 and 9040

See also: ENFORCEMENT

LABOR ORGANIZATION

Corporate solicitation methods made available to, 52 U.S.C. § 30118(b)(5) and (6)

Definition, 52 U.S.C. §§ 30118(b)(1) and 30119(c)

See also: CORPORATIONS/LABOR ORGANIZATIONS/NATIONAL BANKS

LABOR, SECRETARY OF

See: SECRETARY OF LABOR

LEGAL AND ACCOUNTING SERVICES

Not contribution, 52 U.S.C. § 30101(8)(B)(viii)

Not expenditure, 26 U.S.C. § 9008(d)(4); 52 U.S.C. § 30101(9)(B)(vii)

LEGISLATION

Commission recommendations on, 52 U.S.C. §§ 30107(d)(2) and 30111(a)(9)
Index

210

LEADERSHIP PAC

Bundled contributions to, disclosure of, 52 U.S.C. § 30104(i) 

Definition, 52 U.S.C. §§ 30104(i)(8)(B) and 30114(c)(4) 

Nonfederal funds may not be raised by, 52 U.S.C. § 30125(e)(1) 

Registration of, 52 U.S.C. §§ 30101(4) and 30103

Reports by, 52 U.S.C. § 30104(a)(1) and (4) and (i)

See also: NONCONNECTED COMMITTEE

“LEVIN” FUNDS

Allocation of expenditures made from, 52 U.S.C. § 30125(b)(2)(A) 

Conditions, 52 U.S.C. § 30125(b)(2)(B)

Costs of raising, 52 U.S.C. § 30125(b)(2)(C)(ii)

Donations to account for, limitation, 52 U.S.C. § 30125(b)(2) and (c)

Federal election activity, may be spent for, 52 U.S.C. § 30125(b)(2)(A) and (B)

— see also: FEDERAL ELECTION ACTIVITY

National committee, prohibited from raising/spending, 52 U.S.C. § 30125(a), 

(b)(2)(A)-(B) and (d)(2)

Reporting of, 52 U.S.C. § 30104(e)(2)(A) and (B)

Rules for, 52 U.S.C. § 30125(b)(2)

— conditions, 52 U.S.C. § 30125(b)(2)(B)

— federal candidate/officeholder may not raise, 52 U.S.C. § 

30125(b)(2)(c)(i) and (e)(1)

— joint fundraising prohibited, 52 U.S.C. § 30125(b)(2)(C)(ii)

— limitations on donations, 52 U.S.C. § 30125(b)(2)(A)

— national committee may not raise, 52 U.S.C. § 30125(b)(2) and (d)(2)

Transfer of, prohibited, 52 U.S.C. § 30125(b)(2)(B)(iv) 

Uses of, 52 U.S.C. §§ 30101(20) and 30125(b)(2)(A)

See also: LOCAL PARTY COMMITTEE; STATE PARTY COMMITTEE

LIMITATIONS

See: CONTRIBUTIONS; EXPENDITURES

LOANS

Advance, 26 U.S.C. § 9032(4)(A); 52 U.S.C. § 30101(8)(A)(i);

Commercially reasonable, 52 U.S.C. § 30101(8)(B)(xv) 

Defined as

— contribution, 26 U.S.C. § 9032(4)(A); 52 U.S.C. §§ 30101(8)(A)(i) and 

30118(b)(2)

— expenditure, 52 U.S.C. §§ 30101(9)(A)(i) and 30118(b)(2)

— qualified campaign expense, 26 U.S.C. § 9032(9) 
Index

211

LOANS, continued

Expenditure from candidate’s personal funds, defined as, 52 U.S.C. §§ 

30104(a)(6)(B)(i)(II) 

From bank, exempt, 26 U.S.C. § 9034(a); 52 U.S.C. § 30101(8)(B)(vii)

From candidate, derived from credit card, brokerage account or line of credit, 

exempt, 52 U.S.C. § 30101(8)(B)(xiv)

Received by candidate, 52 U.S.C. § 30102(e)(2) 

Repayment of

— permissible use of public funds, 26 U.S.C. §§ 9004(c)(2), 9007(b)(4)(B), 

9008(c)(2), 9012(c)(1)(B), 9038(b)(2)(B) and 9042(b)(1)(B)

— personal, made by candidate, limitation on, 52 U.S.C. § 30116(j) 

Reporting of, 52 U.S.C. § 30104(b)(2)(G) and (H), (3)(E), (4)(D)-(E), (5)(D) and 

(6)(B)(ii)

See also: BANKS; DEBTS AND OBLIGATIONS

LOBBYISTS

Contributions bundled by, disclosure of, 52 U.S.C. § 30104(i)

When covered under bundling disclosure provisions, 52 U.S.C. § 30104(i)(7)

LOCAL PARTY COMMITTEE

Affiliation with state party, 52 U.S.C. § 30116(a)(5) 

Building for, funding of, 52 U.S.C. § 30143(b)

Contributions to/from, 52 U.S.C. §§ 30116(a) and 30125(b)(2)(A)

Coordinated expenditures, authority to make, 52 U.S.C. § 30116(d)(1) and (3)

— see also: COORDINATED PARTY EXPENDITURES 

Criteria for multicandidate committee status, 52 U.S.C. § 30116(a)(4) 

Electioneering communications by

— see: ELECTIONEERING COMMUNICATIONS

Exempt activities conducted by

— campaign materials, 52 U.S.C. § 30101(8)(B)(ix) and (9)(B)(viii)

— slate card/sample ballot, 52 U.S.C. § 30101(8)(B)(v) and (9)(B)(iv)

— voter registration drives for Presidential campaigns, 52 U.S.C. § 

30101(8)(B)(xi) and (9)(B)(ix)

Federal election activity conducted by, 52 U.S.C. § 30101(20)

— see also: FEDERAL ELECTION ACTIVITY; “LEVIN” FUNDS 

Legal and accounting services provided to, exemption, 52 U.S.C. § 

30101(8)(B)(viii)(I) and (9)(B)(vii)(I) 

“Levin” funds, 52 U.S.C. § 30125(b)(2)

— see: FEDERAL ELECTION ACTIVITY; “LEVIN” FUNDS 
Index

212

LOCAL PARTY COMMITTEE, continued

Threshold for triggering political committee status, 52 U.S.C. § 30101(4)(C) 

See also: PARTY COMMITTEE

MAJOR PARTY

Convention, publicly financed, 26 U.S.C. § 9008(b)(1) and (i)

— see also: CONVENTION, NATIONAL NOMINATING

Definition, 26 U.S.C. § 9002(6)

Expenditure report period for Presidential elections, 26 U.S.C. § 9002(12)(A) 

Presidential nominee, public funding of, 26 U.S.C. §§ 9003(b) and 9004(a)(1) 

See also: NATIONAL PARTY COMMITTEE

MEDIA

See: COMMUNICATIONS

MEMBERSHIP ORGANIZATIONS/COOPERATIVES/CORPORATIONS 

WITHOUT CAPITAL STOCK

Communications to membership, 52 U.S.C. §§ 30101(9)(B)(iii) and 

30118(b)(2)(A) and (B)

Contributions and expenditures by, prohibited, 52 U.S.C. § 30118(a) 

Electioneering communication by

— see: ELECTIONEERING COMMUNICATIONS

Reporting of express advocacy communication, 52 U.S.C. § 30101(9)(B)(iii) 

Separate segregated fund of, 52 U.S.C. § 30118(b)(2)(C)

Solicitations by, 52 U.S.C. § 30118(b)(2)(C) and (4)(C) 

Voter drives conducted by, 52 U.S.C. § 30118(b)(2)(B)

See also: CORPORATIONS/LABOR ORGANIZATIONS/NATIONAL BANKS; 

SECTION 501(c)(4) ORGANIZATION; SEPARATE SEGREGATED 

FUND; TRADE ASSOCIATION

“MILLIONAIRES’ AMENDMENT” PROVISIONS, 52 U.S.C. §§ 30104(a)(6)(B), 

30116(i) and 30117 

MINOR PARTY 

Convention, publicly financed, 26 U.S.C. § 9008(b)(1) and (i)

— see also: CONVENTION, NATIONAL NOMINATING 

Definition, 26 U.S.C. § 9002(7)

Expenditure report period for Presidential elections, 26 U.S.C. § 9002(12)(B)

Presidential nominee, public funding of, 26 U.S.C. §§ 9003(c) and 9004(a)(2)(A)

See also: NATIONAL PARTY COMMITTEE; PARTY COMMITTEE
Index

213

MULTICANDIDATE COMMITTEE

Contributions by, limitations, 52 U.S.C. § 30116(a)(2) 

Definition, 52 U.S.C. § 30116(a)(4)

Listing of/index of filings made by, 52 U.S.C. § 30111(a)(6)(B) and (C)

NATIONAL BANK

See: BANKS; CORPORATIONS/LABOR ORGANIZATIONS/NATIONAL 

BANKS

NATIONAL NOMINATING CONVENTION

See: CONVENTION, NATIONAL NOMINATING

NATIONAL PARTY COMMITTEE

Affiliation with other party committees, 52 U.S.C. § 30116(a)(4) and (d)(4)(B) 

Contributions to, limitations on, 52 U.S.C. § 30116(a)(1)(B), (2)(B), (3)(B) and 

(7)(B)(ii) and (c)

Contributions to Senate candidates, limitation, 52 U.S.C. § 30116(h) 

Convention, public financing of, 26 U.S.C. § 9008; 52 U.S.C. § 30105

— see also: CONVENTION, NATIONAL NOMINATING 

Definition, 52 U.S.C. § 30101(14)

Expenditure limitations

— coordinated v. independent expenditures, 52 U.S.C. § 30116(d)(4)

— for general election campaigns, 52 U.S.C. § 30116(d)

— for national nominating convention, 26 U.S.C. § 9008(d)

— see also: COORDINATED PARTY EXPENDITURES 

Fundraising

— for nonfederal election activity, prohibited, 52 U.S.C. § 30125(a)

— for section 527 political organizations, prohibitions, 52 U.S.C. §

30125(d)(2)

— for state or local party committee, permitted, 52 U.S.C. § 30125(d)(2)

— for tax-exempt organization, prohibited, 52 U.S.C. § 30125(d)(1)

— joint, prohibitions, 52 U.S.C. § 30125(b)(2)(C)

— see also: “LEVIN” FUNDS 

Independent expenditures by

— see: INDEPENDENT EXPENDITURES 

Reporting by, 52 U.S.C. § 30104(a)(1) and (4)(B) and (e)

— see also: ELECTRONIC FILING; FILING REPORTS AND 

STATEMENTS; REPORTING

“Soft money” prohibition, 52 U.S.C. § 30125

State party, relationship with, 52 U.S.C. § 30116(a)(5)(B)

— see also: STATE PARTY COMMITTEE 
Index

214

NATIONAL PARTY COMMITTEE, continued

Transfers

— from authorized committees, unlimited, 52 U.S.C. § 30114(a)(4)

— to/from, of nonfederal funds, prohibited, 52 U.S.C. § 30125(a)

— to/from state and local committees, 52 U.S.C. § 30116(a)(4)

NEW PARTY

Definition, 26 U.S.C. § 9002(8)

Expenditure report period for Presidential elections, 26 U.S.C. § 9002(12)(B)

Presidential nominee, public funding of, 26 U.S.C. §§ 9003(c) and 9004(a)(3)

NONAUTHORIZED COMMITTEE

See: MULTICANDIDATE COMMITTEE; NONCONNECTED COMMITTEE; 

PARTY COMMITTEE; SEPARATE SEGREGATED FUND

NONCONNECTED COMMITTEE

Contributions by, limitations, 52 U.S.C. § 30116(a)(1) and (2)

Criteria for qualifying as a multicandidate committee, 52 U.S.C. § 30116(a)(4) 

Electioneering communications by

— see: ELECTIONEERING COMMUNICATIONS 

Independent expenditures by

— see: INDEPENDENT EXPENDITURES 

Leadership PAC

— see: LEADERSHIP PAC

Legal or accounting services provided to, exempt, 52 U.S.C. §

30101(8)(B)(viii)(II) and (9)(B)(vii)(II)

Registration threshold, 52 U.S.C. § 30103(a)

Reporting requirements, 52 U.S.C. § 30104(a)(1) and (4) and (b)

See also: MULTICANDIDATE COMMITTEE; POLITICAL COMMITTEE

NONPROFIT ORGANIZATION

See: INTERNAL REVENUE SERVICE; MEMBERSHIP 

ORGANIZATIONS/COOPERATIVES/CORPORATIONS WITHOUT 

CAPITAL STOCK; SECTION 501(c)(4) ORGANIZATION

NONPROLIFERATION OF COMMITTEES, 52 U.S.C. § 30116(a)(5) 

OFFICE ACCOUNT

Funds donated to support activities of federal officeholder, 52 U.S.C. § 30114

PAC

See: NONCONNECTED COMMITTEE; SEPARATE SEGREGATED FUND
Index

215

PARTISAN COMMUNICATIONS

See: COMMUNICATIONS; CORPORATIONS/LABOR 

ORGANIZATIONS/NATIONAL BANKS; EXPRESS ADVOCACY

PARTY COMMITTEE

Bundled contributions to, disclosure by, 52 U.S.C. § 30104(i) 

Contribution/expenditure exemptions

— ballot access payments made to, 52 U.S.C. § 30101(8)(B)(xii) and 

(9)(B)(x)

— campaign materials, 52 U.S.C. § 30101(8)(B)(ix) and (9)(B)(viii)

— food/beverages/invitations, 52 U.S.C. § 30101(8)(B)(ii) and (iii)

— home/church/community room, use of, 52 U.S.C. § 30101(8)(B)(ii)

— legal and accounting services, 26 U.S.C. § 9008(d)(4); 52 U.S.C. §

30101(8)(B)(viii)(I) and (9)(B)(vii)(I)

— slate card/sample ballot, 52 U.S.C. § 30101(8)(B)(v) and (9)(B)(iv)

— travel expenses, unreimbursed, 52 U.S.C. § 30101(8)(B)(iv)

— voter registration drives for Presidential campaigns, 52 U.S.C. § 

30101(8)(B)(xi) and (9)(B)(ix)

Contributions and donations to, 52 U.S.C. §§ 30116(a) and 30125 

Contributions by, limitations, 52 U.S.C. § 30116(a)(1), (2) and (5) 

Coordinated expenditures by

— see: COORDINATED PARTY EXPENDITURES 

Exempt activities conducted by state or local party committees

— campaign materials, 52 U.S.C. § 30101(8)(B)(ix) and (9)(B)(viii)

— slate card/sample ballot, 52 U.S.C. § 30101(8)(B)(v) and (9)(B)(iv)

— voter registration drives for Presidential campaigns, 52 U.S.C. §

30101(8)(B)(xi) and (9)(B)(ix)

Federal election activities of state, district or local party

— see: FEDERAL ELECTION ACTIVITY

Independent expenditures by

— see: INDEPENDENT EXPENDITURES 

“Levin” funds raised/spent

— see: FEDERAL ELECTION ACTIVITY; “LEVIN” FUNDS

Local party committee

— see: LOCAL PARTY COMMITTEE

Major party

— see: MAJOR PARTY

Minor party

— see: MINOR PARTY

National party committee

— see: NATIONAL PARTY COMMITTEE
Index

216

PARTY COMMITTEE, continued

New party

— see: NEW PARTY

Political party, definition, 52 U.S.C. § 30101(16) 

Reporting by

— see: ELECTRONIC FILING; FILING STATEMENTS AND 

REPORTS; REPORTING

“Soft money” of, 52 U.S.C. § 30125

State committee

— see: STATE PARTY COMMITTEE

Transfers

— between affiliated party committees, 52 U.S.C. § 30116(a)(4)

— of candidate’s campaign funds, 52 U.S.C. § 30114(a)(4)

PAYMENTS OF PUBLIC FUNDS

See: CONVENTION, NATIONAL NOMINATING; PUBLIC FUNDING OF 

PRESIDENTIAL GENERAL ELECTIONS; PUBLIC FUNDING OF 

PRESIDENTIAL PRIMARY ELECTIONS

PENALTIES

See: ENFORCEMENT

PERSON

Contributions by, 52 U.S.C. § 30116(a) 

Definition, 52 U.S.C. § 30101(11)

Electioneering communications by, 52 U.S.C. §§ 30104(f) and 30118(b)(2)

— see also: ELECTIONEERING COMMUNICATIONS

See also: INDIVIDUAL; POLITICAL COMMITTEE

PERSONAL FUNDS

Expenditure from, definition, 52 U.S.C. §§ 30101(26)) 

Limitations on use of, by publicly funded Presidential candidate, 26 U.S.C. §§ 

9004(d) and 9035(a) 

Loans from candidate

— derived from line of credit, brokerage account or credit card, 52 U.S.C. § 

30101(8)(B)(xiv)

— repayment of, limitation, 52 U.S.C. § 30116(j) 

Segregated from contributions, 52 U.S.C. § 30102(b)(3)

POLITICAL ACTION COMMITTEE

See: NONCONNECTED COMMITTEE; POLITICAL COMMITTEE; 

SEPARATE SEGREGATED FUND
Index

217

POLITICAL COMMITTEE 

Affiliated

— see: AFFILIATION

Authorization of, 52 U.S.C. § 30102(e)(1) and (3)

Changes or correction in information filed, 52 U.S.C. § 30103(c) 

Contributions

— see: CONTRIBUTIONS 

Debts owed by

— see: DEBTS AND OBLIGATIONS

Definition, 26 U.S.C. §§ 9002(9) and 9032(8); 52 U.S.C. § 30101(4)

Depository of, 52 U.S.C. § 30102(h)(1)

— see: AUTHORIZED COMMITTEE; PRINCIPAL CAMPAIGN 

COMMITTEE

Electioneering communications by

— see: ELECTIONEERING COMMUNICATIONS 

Expenditures by

— see: EXPENDITURES 

Filing dates for

— see: FILING STATEMENTS AND REPORTS 

Fundraising by

— see: FUNDRAISING

Funds of, commingled with personal funds, prohibited, 52 U.S.C. § 30102(a)(3) 

Independent expenditures by

— see: INDEPENDENT EXPENDITURES 

Name of, 52 U.S.C. § 30102(e)(4) and (5) 

Nonproliferation of, 52 U.S.C. § 30116(a)(5)

Organization of, 52 U.S.C. § 30102

Person, defined as, 52 U.S.C. §30101(11)

Petty cash fund, maintenance of, 52 U.S.C. § 30102(h)(2) 

Place of filing

— see: FILING STATEMENTS AND REPORTS 

Recordkeeping for

— see: RECORDKEEPING 

Registration of, 52 U.S.C. § 30103

Reporting by

— see: REPORTING

Solicitation of contributions

— see: FUNDRAISING 

Status under tax law, 26 U.S.C. § 527

Statement of organization, 52 U.S.C. § 30103(a), (b) and (c) 
Index

218

POLITICAL COMMITTEE, continued

Termination of registration, 52 U.S.C. § 30103(d)

Transfers

— see: TRANSFERS 

Treasurer required, 52 U.S.C. § 30102(a)

See also: AUTHORIZED COMMITTEE; MULTICANDIDATE COMMITTEE; 

NATIONAL PARTY COMMITTEE; NONCONNECTED 

COMMITTEE; PARTY COMMITTEE; PRINCIPAL CAMPAIGN 

COMMITTEE; SEPARATE SEGREGATED FUND

PREEMPTION OF STATE LAW, 52 U.S.C. § 30143(a) 

PRESIDENTIAL ELECTION CAMPAIGN FUND

Definition, 26 U.S.C. § 9002(5)

Designation by individuals to, 26 U.S.C. § 6096

Establishment of, 26 U.S.C. § 9006(a) 

Insufficient amounts in, 26 U.S.C. § 9006(c) 

Payments from, 26 U.S.C. § 9006(b)

PRESIDENTIAL ELECTION CAMPAIGN FUND ACT, 26 U.S.C. § 9001 et seq.

PRESIDENTIAL PRIMARY ELECTION

Contribution limits, application of, 52 U.S.C. § 30116(a)(6) 

Definition, 26 U.S.C. § 9032(7)

See also: PUBLIC FUNDING OF PRESIDENTIAL PRIMARY ELECTIONS

PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT ACT, 26 U.S.C. 

§ 9031 et seq.

PRICE INDEX

See: CONSUMER PRICE INDEX

PRINCIPAL CAMPAIGN COMMITTEE 

Definition, 52 U.S.C. § 30101(5)

Designation by candidate, 52 U.S.C. § 30102(e)(1)

Filing requirements, 52 U.S.C. §§ 30102(f)(2), (g)(1) and (3) and 30113(a)(2)(A)

— see also: FILING STATEMENTS AND REPORTS 

Last-minute contributions received by, 52 U.S.C. § 30104(a)(6)(A) 

Loans to

— see: LOANS; PERSONAL FUNDS

National party committee as, for Presidential candidate, 52 U.S.C. § 

30102(e)(3)(A)(i)
Index

219

PRINCIPAL CAMPAIGN COMMITTEE, continued

Reporting requirements, 52 U.S.C. § 30104(a)

— see also: REPORTING

Transfers to/from

— see: TRANSFERS

See also: AUTHORIZED COMMITTEE

PSEUDONYMS

Substituted for names of contributors on reports, 52 U.S.C. § 30111(a)(4)

PUBLIC COMMUNICATION

As type of federal election activity, 52 U.S.C. § 30101(20)(A)(iii)

Definition, 52 U.S.C. § 30101(22) 

Excluded from federal election activity, 52 U.S.C. § 30101(20)(B)(i)

PUBLIC FUNDING OF PRESIDENTIAL GENERAL ELECTIONS 

Audits and examinations, 26 U.S.C. §§ 9007(a) and 9009(b) 

Authorized committee, defined, 26 U.S.C. § 9002(l)

Books and records kept for, 26 U.S.C. § 9003(a)(2) 

Candidate, defined, 26 U.S.C. § 9002(2) 

Certifications

— see: CERTIFICATION

Commission, defined, 26 U.S.C. § 9002(3)

Contributions, acceptance of limited, 26 U.S.C. §§ 9003(b)(2) and (c)(2) and 

9012(b)

Criminal penalties, 26 U.S.C. § 9012

Definitions, 26 U.S.C. § 9002

Documentation requirements, 26 U.S.C. § 9003(a) 

Eligible candidates, defined, 26 U.S.C. § 9002(4) 

Eligibility, 26 U.S.C. § 9003

— see also: ELIGIBILITY FOR PUBLIC FUNDS 

Entitlement to payments, 26 U.S.C. § 9004

— see also: ENTITLEMENT TO PUBLIC FUNDS 

Expenditure report period, defined, 26 U.S.C. § 9002(12) 

Expenditures

— exceeding limitation, prohibited, 26 U.S.C. §§ 9003(b)(1), (c)(1) and 

9012(a)

— increases on limits, 52 U.S.C. § 30116(c)

— kickbacks and illegal payments, prohibited, 26 U.S.C. § 9012(e)

— limitations on, 52 U.S.C. § 30116(b)(1)

— personal, by candidate, 26 U.S.C. § 9004(d) 
Index

220

PUBLIC FUNDING OF PRESIDENTIAL GENERAL ELECTIONS, continued

Immediate family, defined, 26 U.S.C. § 9004(e) 

Judicial proceedings, 26 U.S.C. § 9010

Judicial review of Commission action, 26 U.S.C. § 9011

Major party, defined, 26 U.S.C. § 9002(6) 

Minor party, defined, 26 U.S.C. § 9002(7) 

New party, defined, 26 U.S.C. § 9002(8) 

Payments

— certification of eligibility for, 26 U.S.C. § 9005(a)

— from fund, 26 U.S.C. § 9006(b)

— kickbacks and illegal payments, 26 U.S.C. § 9012(e)

— post-election, 26 U.S.C. § 9004(a)(3)

— to eligible candidates, 26 U.S.C. § 9006(a)

— unlawful use of, 26 U.S.C. §§ 9007(b)(4) and 9012(c)

— use of, 26 U.S.C. §§ 9004(c) and 9012(c)

Personal funds of candidate, limitations, 26 U.S.C. § 9004(d) 

Political committee, defined, 26 U.S.C. § 9002(9)

Presidential election, defined, 26 U.S.C. § 9002(10) 

Qualified campaign expense

— see: QUALIFIED CAMPAIGN EXPENSES 

Repayments

— see: REPAYMENT OF PUBLIC FUNDS 

Secretary of Treasury, 26 U.S.C. §§ 9006 and 9007(d)

PUBLIC FUNDING OF PRESIDENTIAL NOMINATING CONVENTIONS

See: CONVENTION, NATIONAL NOMINATING

PUBLIC FUNDING OF PRESIDENTIAL PRIMARY ELECTIONS 

Audits and examinations

— candidate agreement to permit, 26 U.S.C. § 9033(a)(2)

— Commission authority to conduct, 26 U.S.C. §§ 9038(a) and 9039(b)

— see also: AUDITS

Authorized committee, defined, 26 U.S.C. § 9032(l) 

Certifications

— see: CERTIFICATION 

Candidate, defined, 26 U.S.C. § 9032(2)

Commission, defined, 26 U.S.C. § 9032(3) 

Contribution

— defined, 26 U.S.C. § 9032(4)

— matchable, 26 U.S.C. §§ 9033(b)(3) and (4) and 9034(a)

Criminal penalties, 26 U.S.C. § 9042
Index

221

PUBLIC FUNDING OF PRESIDENTIAL PRIMARY ELECTIONS, continued 

Debts and obligations, liquidation of, 26 U.S.C. § 9038(b)(3) 

Definitions, 26 U.S.C. §§ 9032 and 9034(a)

Documentation requirements, 26 U.S.C. § 9033(a) 

Eligibility, 26 U.S.C. § 9033

— see: ELIGIBILITY FOR PUBLIC FUNDS 

Entitlement, 26 U.S.C. § 9034

— see: ENTITLEMENT TO PUBLIC FUNDS 

Expenditures

— from personal or family funds, limitations on, 26 U.S.C. § 9035(a)

— fundraising cost exemption, 52 U.S.C. § 30101(9)(B)(vi)

— increases in limits, 52 U.S.C. § 30116(c)

— limitations, 26 U.S.C. § 9035(a); 52 U.S.C. § 30116(b)(1)(B)

— state by state limitations, 52 U.S.C. § 30116(b)(1)(A) 

Ineligibility of candidate, 26 U.S.C. § 9033(c)

Judicial proceedings, 26 U.S.C. § 9040

Judicial review of Commission action, 26 U.S.C. § 9041

Matching payment account

— defined, 26 U.S.C. § 9032(5)

— establishment, 26 U.S.C. § 9037(a)

— payments from, 26 U.S.C. § 9037(b)

Matching payment period, defined, 26 U.S.C. § 9032(6) 

Payments

— eligibility for, 26 U.S.C. § 9033

— entitlement of candidates to, 26 U.S.C. § 9034

— exceeding entitlement, 26 U.S.C. § 9038(b)(1)

— limitations on entitlement, 26 U.S.C. § 9034(b)

— made from matching payment account, 26 U.S.C. § 9037(b)

— termination of, 26 U.S.C. § 9033(c)

— unlawful uses of, 26 U.S.C. § 9042(b)

— uses of, permissible, 26 U.S.C. § 9038(b)(2) 

Personal funds of candidate, limitations, 26 U.S.C. § 9035(a) 

Political committee, defined, 26 U.S.C. § 9032(8)

Primary election, defined, 26 U.S.C. § 9032(7) 

Qualified campaign expense

— see: QUALIFIED CAMPAIGN EXPENSES 

Repayments

— see: REPAYMENT OF PUBLIC FUNDS 

Secretary of Treasury, 26 U.S.C. §§ 9037 and 9038(d)

State, defined, 26 U.S.C. § 9032
Index

222

PUBLIC INSPECTION OF REPORTS 

Available on Internet, 52 U.S.C. § 30112

Filed with Commission, 52 U.S.C. § 30111(a)(4)

Filed with State officers, 52 U.S.C. § 30113(b)(3)

PUBLIC POLITICAL ADVERTISING

See: COMMUNICATIONS

QUALIFIED CAMPAIGN EXPENSES

Agreement not to exceed limitation, primary election, 26 U.S.C. § 9033(b)(1)

Agreement to limit to amount of entitlement, general election, 26 U.S.C. §

9003(b)(1) and (c)(1)

Audit of, 26 U.S.C. §§ 9007(a) and 9038(a)

Definition of, 26 U.S.C. §§ 9002(11) and 9032(9) 

Defrayal of

— with contributions, prohibited in general election, 26 U.S.C. §§ 

9004(b)(1), 9007(b)(3) and 9012(b)

— with public funds, 26 U.S.C. §§ 9004(c)(2), 9007(b)(4), 9012(c)(1), 

9033(c)(2), 9038(b)(2) and 9042(b)(1) 

Documentation of, 26 U.S.C. §§ 9003(a) and 9033(a)

Exceeding payments from public funds, 26 U.S.C. §§ 9007(b)(2) and 9012(a) 

Kickbacks and illegal payments in connection with, 26 U.S.C. §§ 9012(e) and 

9042(d)

Limitations on incurring, 26 U.S.C. §§ 9003(b)(1) and (c)(1) and 9035(a); 52 

U.S.C. § 30116(b)(1)(A)

Public funds used for, 26 U.S.C. § 9012(c)(1)

When incurred, 26 U.S.C. §§ 9002(11) and 9032(9)

See also: EXPENDITURES; PUBLIC FUNDING OF PRESIDENTIAL 

GENERAL ELECTIONS; PUBLIC FUNDING OF PRESIDENTIAL 

PRIMARY ELECTIONS

RECEIPTS

Recordkeeping, 52 U.S.C. § 30102(c) 

Reporting, 52 U.S.C. § 30104(b)(2) and (3)

See also: CONTRIBUTIONS; TRANSFERS

RECORDKEEPING 

Accounting for

— contributions, 52 U.S.C. § 30102(b) and (c)

— disbursements, 52 U.S.C. § 30102(c)(5)

Best efforts to comply with requirements, 52 U.S.C. § 30102(i) 
Index

223

RECORDKEEPING, continued

Campaign depository

— see: DEPOSITORY

Copies of reports filed, requirement to keep, 52 U.S.C. § 30102(d) 

Identification, definition, 52 U.S.C. § 30101(13)

Petty cash fund, 52 U.S.C. § 30102(h)(2)

Preservation of records by committee, 52 U.S.C. § 30102(d) 

Treasurer’s duties concerning

— accounting for contributions and disbursements, 52 U.S.C. § 30102(c)

— preservation of records and copies of reports, 52 U.S.C. § 30102(d)

REGULATIONS

See: RULES AND REGULATIONS

REPAYMENT OF PUBLIC FUNDS 

By

— convention committee, 26 U.S.C. § 9008(h)

— Presidential general election committee, 26 U.S.C. § 9007(b)

— Presidential primary election committee, 26 U.S.C. § 9038(b) 

Commission report to Congress, 26 U.S.C. § 9039(a)(3) 

Deposits of, 26 U.S.C. §§ 9007(d) and 9038(d)

Determinations, 26 U.S.C. §§ 9036(b) and 9038(b) and (c)

Matching funds, unexpended balance of, 26 U.S.C. § 9038(b)(3)

Notification of Commission determination regarding, 26 U.S.C. §§ 9007(b), 

9008(h) and 9038(b) and (c)

Of contributions accepted, 26 U.S.C. § 9007(b)(3)

Of nonqualified campaign expenses, 26 U.S.C. §§ 9007(b)(4) and 9038(b)(2)

Of public funds in excess of entitlement, 26 U.S.C. § 9038(b)(1) 

Recovery of, through judicial proceedings, 26 U.S.C. §§ 9010(b) and 9040(b)

Review of determination by court, 26 U.S.C. §§ 9011 and 9041

Time limit for notification, 26 U.S.C. §§ 9007(c) and 9038(c)

REPORTING

Best efforts to comply with requirements, 52 U.S.C. § 30102(i)

Bundled contributions received from lobbyist/registrant, 52 U.S.C. § 30104(i) 

Cash on hand, 52 U.S.C. § 30104(b)(1)

Changes to Statement of Organization, 52 U.S.C. § 30103(c) 

Contents of, 52 U.S.C. § 30104(b)

Contributions made, 52 U.S.C. § 30104(b)(4)(H) and (6)(B)(i)
Index

224

REPORTING, continued

Contributions received, 52 U.S.C. § 30104(b)(2)(A)–(D), (3)(A) and (B), and (7), 

and (i)

Convention financing report, 52 U.S.C. § 30105

Cumulative basis, 52 U.S.C. § 30104(a)(7)

Debts and obligations, 52 U.S.C. § 30104(b)(8)

Disbursements, 52 U.S.C. § 30104(a)(1), (b)(4)–(6), (e) and (f)

— by national party committees, 52 U.S.C. § 30104(e)(1)

— by state or local party committees, 52 U.S.C. § 30104(e)(2)-(4) 

Due dates for reports

— see: FILING STATEMENTS AND REPORTS 

Earmarked contributions, 52 U.S.C. § 30116(a)(8) 

Electioneering communications, 52 U.S.C. § 30104(f) 

Electronic

— see: ELECTRONIC FILING; FILING STATEMENTS AND REPORTS

Express advocacy communication by corporation/membership organization, 52 

U.S.C. § 30101(9)(B)(iii)

Failure to file reports, 52 U.S.C. §§ 30109(b) and 30111(a)(7) 

Fictitious names used in, 52 U.S.C. § 30111(a)(4)

Filing reports

— see: FILING STATEMENTS AND REPORTS 

Forms

— see: FORMS

Identification of contributors, definition, 52 U.S.C. § 30101(13) 

Inaugural committees, 36 U.S.C. § 510(b); 52 U.S.C. § 30104(h)

Independent expenditures

— index of, 52 U.S.C. § 30104(c)(3)

— last-minute, $1,000 or more, 52 U.S.C. § 30104(c), (d) and (g)(1), (3) 

and (4)

— last-minute, $10,000 or more, 52 U.S.C. § 30104(c), (d) and (g)(2)-(4)

— made by individuals and groups, 52 U.S.C. § 30104(c) and (d)

— made by political committees, 52 U.S.C. § 30104(b)(4)(iii) and 

(6)(B)(iii), (d) and (g)

Index of designations, reports and statements, required of Commission, 52 U.S.C. 

§ 30111(a)(6)(A)

Information taken from reports, restrictions on use, 52 U.S.C. § 30111(a)(4) 

Last-minute contributions of $1,000 or more, 52 U.S.C. § 30104(a)(6)

Legal or accounting services, 52 U.S.C. § 30101(8)(B)(viii) and (9)(B)(vii) 

“Levin” funds used for federal election activity, 52 U.S.C. § 30104(e)(2)
Index

225

REPORTING, continued

Manual published by Commission, 52 U.S.C. § 30111(a)(2)

Multicandidate committees, index to reports and statements, 52 U.S.C. § 

30111(a)(6)(B) and (C)

Preservation of reports

— by Commission, 52 U.S.C. § 30111(a)(5)

— by State officers, 52 U.S.C. § 30113(b)(2)

— by treasurer of political committee, 52 U.S.C. § 30102(d) 

Pseudonyms used in, 52 U.S.C. § 30111(a)(4)

Public availability of reports, 52 U.S.C. §§ 30104(a)(11)(B), (d)(2) and (i), 

30111(a) and 30113(b)(3)

Receipts, 52 U.S.C. § 30104(a)(1), (b)(2) and (3) 

Recordkeeping required

— see: RECORDKEEPING

Refunds of contributions, 52 U.S.C. § 30104(b)(4)(F) and (5)(E) 

Required reports

— from national party committees, 52 U.S.C. § 30104(a)(4)(B), (e)(1) and 

(i)

— from persons making electioneering communications, 52 U.S.C. §

30104(f)

— from persons making independent expenditures, 52 U.S.C. § 30104(c), 

(d) and (g)

— from principal campaign committees of House or Senate candidates, 52 

U.S.C. § 30104(a)(2) and (i)

— from principal campaign committees of Presidential and VicePresidential candidates, 52 U.S.C. § 30104(a)(3)

— from state or local party committees, 52 U.S.C. § 30104(a)(4), (e)(2) and 

(i)

— from unauthorized political committees, 52 U.S.C. § 30104(a)(4) and (i) 

Sale or use of information contained in reports, restriction on, 52 U.S.C. § 

30111(a)(4)

Signature of treasurer required, 52 U.S.C. §§ 30102(a)(1) and 30104(a)(11)(B) 

Software for, 52 U.S.C. § 30104(a)(12)

Special election reports, 52 U.S.C. § 30104(a)(9) 

Transfers of funds

— made by committee, 52 U.S.C. § 30104(b)(4)(B) and (C), and (5)(B) and 

(C)

— received by committee, 52 U.S.C. § 30104(b)(2)(E) and (F) and 

(b)(3)(C) and (D)

Treasurer’s duties concerning, 52 U.S.C. § 30104(a)(1)
Index

226

REPORTING, continued

Violations of laws concerning, penalties for, 52 U.S.C. § 30109(a)(4)(C) 

Waivers

— of quarterly report, 52 U.S.C. § 30104(a)(8)

— of special election report, 52 U.S.C. § 30104(a)(9)

See also: ELECTRONIC FILING; FILING STATEMENTS AND REPORTS

REPRESENTATIVE

See: CANDIDATE FOR REPRESENTATIVE, DELEGATE OR RESIDENT 

COMMISSIONER

RESIDENT COMMISSIONER

See: CANDIDATE FOR REPRESENTATIVE, DELEGATE OR RESIDENT 

COMMISSIONER

RULES AND REGULATIONS

Commission authority to prescribe, 26 U.S.C. §§ 9009(b) and 9039(b); 52 U.S.C. 

§§ 30107(a)(8) and 30111(a)(8)

Congressional review of, 26 U.S.C. §§ 9009(c)(2) and 9039(c)(2); 52 U.S.C. § 

30111(d)(2)

Definition, 26 U.S.C. §§ 9009(c)(4) and 9039(c)(4); 52 U.S.C. § 30111(d)(4)

Explanation and justification of, 26 U.S.C. §§ 9009(c)(1) and 9039(c)(1); 52 

U.S.C. § 30111(d)(1)

Extension of credit, regulations by other federal departments and agencies, 52 

U.S.C. § 30141

Good faith reliance on, 52 U.S.C. § 30111(e)

IRS, mutual cooperation with Commission, 52 U.S.C. § 30111(f)

Procedures for proposing, 26 U.S.C. §§ 9009(c) and 9039(c); 52 U.S.C. §§ 

30108(b) and 30111(d)

SALE OR USE RESTRICTION

On information in reports to Commission, 52 U.S.C. § 30111(a)(4)

SECRETARY OF COMMERCE

Voting age population certified by, 52 U.S.C. § 30116(e)

SECRETARY OF LABOR

Adjustment to price index, certified by, 52 U.S.C. § 30116(c)(1)
Index

227

SECRETARY OF SENATE

Authority to procure technical services and to incur travel expenses, 52 U.S.C. § 

6656

Ex officio member of Commission, 52 U.S.C. § 30106(a)(1) 

SECRETARY OF STATE

See: STATE

SECRETARY OF TREASURY

Authority to withhold payments when Presidential Fund insufficient, 26 U.S.C. § 

9006(c)

Convention, role in public funding, 26 U.S.C. § 9008(a)

Establishment of Presidential Election Campaign Fund, 26 U.S.C. § 9006(a) 

Maintenance of Primary Matching Payment Account, 26 U.S.C. § 9037(a) 

Payments made by, to publicly funded candidates, 26 U.S.C. §§ 9006(b) and 

9037(b)

Repayments of public funds to, 26 U.S.C. §§ 9007(b) and (d) and 9038(b) and (d)

SECTION 501(c)(4) ORGANIZATION

Electioneering communications by, 52 U.S.C. § 30118(c)

— see also: ELECTIONEERING COMMUNICATIONS 

Definition, 26 U.S.C. § 501(c)(4); 52 U.S.C. § 30118(c)(4)

Separate segregated fund of

— see: SEPARATE SEGREGATED FUND 

Solicitations by party for restricted, 52 U.S.C. § 30125(d)(1)

See also: MEMBERSHIP ORGANIZATIONS/

COOPERATIVES/ CORPORATIONS WITHOUT CAPITAL STOCK

SENATORIAL CAMPAIGN COMMITTEE OF NATIONAL PARTY 

Limitation on contributions

— by committee, 52 U.S.C. § 30116(h)

— to committee, 52 U.S.C. § 30116(a)(1)(B) and (2)(B)

See also: NATIONAL PARTY COMMITTEE; PARTY COMMITTEE

SEPARATE SEGREGATED FUND

Affiliated with other committees, 52 U.S.C. § 30116(a)(5)

Connected organization of, 52 U.S.C. §§ 30101(7) and 30118(b)(2)(C) 
Index

228

SEPARATE SEGREGATED FUND, continued

Contributions

— made, limitations on, 52 U.S.C. § 30116(a)(1), (2) and (5)

— made using funds obtained by force or threat, prohibition, 52 U.S.C. § 

30118(b)(3)(A)

— received, limitations on, 52 U.S.C. § 30116(a)(1)(C), (2)(C) and (3)(B) 

Definition, 52 U.S.C. §§ 30101(4)(B) and 30118(b)(2)(C)

Electioneering communications by

— see: ELECTIONEERING COMMUNICATIONS 

Establishment and administration of, 52 U.S.C. § 30118(b)(2)(C) 

Government contractors may establish, 52 U.S.C. § 30119(b) 

Independent expenditures by

— see: INDEPENDENT EXPENDITURES

Name of, 52 U.S.C. § 30102(e)(5) 

Reporting by

— see: ELECTRONIC FILING; FILING STATEMENTS AND 

REPORTS; REPORTING

Restricted class of, 52 U.S.C. § 30118(b)(4)(A) 

Solicitations

— by membership organization/cooperative/corporation without capital 

stock, 52 U.S.C. § 30118(b)(4)(C)

— costs of, paid by connected organization, 52 U.S.C. § 30118(b)(2)(C)

— guidelines for, 52 U.S.C. § 30118(b)(3) and (4)

— methods for, made available to labor organization, 52 U.S.C. § 

30118(b)(5) and (6)

— notice to solicitee, 52 U.S.C. § 30118(b)(3)(B) and (C)

— restricted class, 52 U.S.C. § 30118(b)(4)(A) and (7)

— trade association, 52 U.S.C. § 30118(b)(4)(D)

— twice-yearly, 52 U.S.C. § 30118(b)(3)(B) 

Status as political committee, 52 U.S.C. § 30101(4)(B) 

Status under tax law, 26 U.S.C. § 527

Transmittal of contributions to, 52 U.S.C. § 30102(b)(2)

Voluntary nature of contributions to, 52 U.S.C. § 30118(b)(3)(A)

SLATE CARD/SAMPLE BALLOT

Not a contribution, 52 U.S.C. § 30101(8)(B)(v) 

Not an expenditure, 52 U.S.C. § 30101(9)(B)(iv)

“SOFT MONEY”

See: FUNDRAISING; LOCAL PARTY COMMITTEE; NATIONAL PARTY 

COMMITTEE; PARTY COMMITTEE; STATE PARTY COMMITTEE
Index

229

SOLICITATION

See: FUNDRAISING; PARTY COMMITTEE; SEPARATE SEGREGATED 

FUND

STATE

Definition, 52 U.S.C. § 30101(12)

Duties of State election officers/Secretaries of State, 52 U.S.C. § 30113(b)

Filing reports and statements with, 52 U.S.C. § 30113(a)

Filing waiver for States with electronic access, 52 U.S.C. § 30113(c)

Laws regarding federal election, preempted by Act, 52 U.S.C. § 30143(a)

Office, candidate for

— see: CANDIDATE FOR NONFEDERAL OFFICE

STATE PARTY COMMITTEE

Building of, funding construction or purchase, 52 U.S.C. § 30143(b) 

Contributions

— made by, limitations on, 52 U.S.C. § 30116(a)(2), (4) and (5)

— received by, limitations on, 52 U.S.C. § 30116(a)(1)(D), (2)(C), (3)(B) 

and (7)(B)(ii)

— separate limit from national party committee, 52 U.S.C. § 30116(a)(5)(B)

— see also: FUNDRAISING; CONTRIBUTIONS 

Coordinated expenditures, authority to make, 52 U.S.C. § 30116(d)

— see also: COORDINATED PARTY EXPENDITURES 

Criteria for multicandidate committee status, 52 U.S.C. § 30116(a)(4) 

Definition, 52 U.S.C. § 30101(15)

Exempt activities conducted by

— campaign materials, 52 U.S.C. § 30101(8)(B)(ix) and (9)(B)(viii)

— slate card/sample ballot, 52 U.S.C. § 30101(8)(B)(v) and (9)(B)(iv)

— voter registration drives for Presidential campaigns, 52 U.S.C. §

30101(8)(B)(xi) and (9)(B)(ix)

Federal election activity conducted by, 52 U.S.C. § 30101(20)

— see also: FEDERAL ELECTION ACTIVITY; “LEVIN” FUNDS 

Fundraising for

— see: FUNDRAISING 

“Levin” funds, 52 U.S.C. § 30125(b)(2)

— see also: FEDERAL ELECTION ACTIVITY; “LEVIN” FUNDS

See also: PARTY COMMITTEE

STATEMENT OF ORGANIZATION, 52 U.S.C. § 30103
Index

230

STATUTE OF LIMITATIONS 

Civil, 28 U.S.C. § 2462

Criminal, 52 U.S.C. § 30145

SURFACE TRANSPORTATION BOARD 

Regulations on extension of credit, 52 U.S.C. § 30143

TAX CHECK-OFF

Designation by individuals to Presidential Election Campaign Fund, 26 U.S.C. § 

6096 (Appendix)

Establishment of Presidential Election Campaign Fund, 26 U.S.C. § 9006(a)

See also: PRESIDENTIAL ELECTION CAMPAIGN FUND

TAX EXEMPT ORGANIZATION

See: INTERNAL REVENUE SERVICE; MEMBERSHIP ORGANIZATIONS /

COOPERATIVES / CORPORATIONS WITHOUT CAPITAL STOCK; 

SECTION 501(c)(4) ORGANIZATION

TRADE ASSOCIATION

Authorization for solicitation, 52 U.S.C. § 30118(b)(4)(D)

Communications other than solicitations, 52 U.S.C. §§ 30101(9)(B)(iii) and 

30118(b)(2)(A)

Solicitation by, 52 U.S.C. § 30118(b)(2)(C), (3)(C) and (D)

See also: CORPORATIONS/LABOR ORGANIZATIONS/NATIONAL BANKS; 

SEPARATE SEGREGATED FUND

TRANSFERS 

Between

— affiliated principal campaign committees, 52 U.S.C. § 30116(a)(5)(C)

— committees involved in joint fundraising, 52 U.S.C. § 30116(a)(5)(A)

— party committees, 52 U.S.C. § 30116(a)(4) and (d)

— principal campaign committees of publicly funded candidate, prohibited, 

52 U.S.C. § 30116(a)(5)(C)(iii)

Defined as contribution, 26 U.S.C. § 9032(4)(C) 

Of

— authority to make coordinated party expenditures, 52 U.S.C. § 

30116(d)(4)(C)

— campaign funds to party, 52 U.S.C. § 30114(a)(4)

— joint fundraising proceeds, 52 U.S.C. § 30116(a)(5)(A)
Index

231

TRAVEL EXPENSES

Air travel restrictions, 52 U.S.C. § 30114(c)

Unreimbursed, not a contribution, 52 U.S.C. § 30101(8)(B)(iv)

TREASURER OF POLITICAL COMMITTEE 

Best efforts made, 52 U.S.C. § 30102(i)

Listed on Statement of Organization, 52 U.S.C. § 30103(b)(4) 

Required for political committees, 52 U.S.C. § 30102(a) 

Responsibilities of

— filing reports, 52 U.S.C. § 30104(a)(1)

— recordkeeping, 52 U.S.C. § 30102(c) and (d)

— signing reports, 52 U.S.C. § 30104(a)(1) 

Vacancy in office, 52 U.S.C. § 30102(a)

TREASURY, SECRETARY OF

See: SECRETARY OF TREASURY

UNAUTHORIZED COMMITTEE

See: MULTICANDIDATE COMMITTEE; NATIONAL PARTY COMMITTEE; 

NONCONNECTED COMMITTEE; PARTY COMMITTEE; STATE 

PARTY COMMITTEE

VIOLATIONS

See: ENFORCEMENT

VOLUNTEER ACTIVITY 

Exemptions for

— campaign materials used in connection with volunteer activities, 52 

U.S.C. § 30101(8)(B)(ix) and (9)(B)(viii)

— food, beverages and invitations for home event, 52 U.S.C. § 

30101(8)(B)(ii)

— real or personal property, 52 U.S.C. § 30101(8)(B)(ii)

— services volunteered by individual, 26 U.S.C. § 9032(4)(E)(i); 52 U.S.C. 

§ 30101(8)(B)(i)

— travel expenses, unreimbursed, 52 U.S.C. § 30101(8)(B)(iv)

— use of residential premises, church or community room, 52 U.S.C. §

30101(8)(B)(ii)

VOTER DRIVES

Exemptions for

— conducted by State or local party committees for Presidential campaigns, 

52 U.S.C. § 30101(8)(B)(xi) and (9)(B)(ix)
Index

232

VOTER DRIVES, continued

Exemptions for, continued

— nonpartisan, conducted by corporations and labor organizations, 52 

U.S.C. § 30118(b)(2)(B)

— nonpartisan activities designed to register voters, 52 U.S.C. §

30101(9)(B)(ii)

Federal election activity

— defined as, 52 U.S.C. § 30101(20)(A)(i)-(iv)

— reporting of, 52 U.S.C. § 30104(e)(2)

VOTING AGE POPULATION

Definition, 52 U.S.C. § 30116(e) and (i)(1)(B)(ii)

Expenditure limitations based on, 52 U.S.C. § 30116(b)(1)(A), (d) and (g)

Published by Secretary of Commerce, 52 U.S.C. § 30116(e)