I 

111TH CONGRESS 

1ST SESSION H. R. 1826 

To reform the financing of House elections, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 31, 2009 

Mr. LARSON of Connecticut (for himself, Mr. NADLER of New York, Ms. PINGREE of Maine, Mr. JONES, Mr. PLATTS, Mr. COOPER, Mr. HOLT, Mr. 

COHEN, Mr. HEINRICH, Mr. POLIS of Colorado, Ms. EDWARDS of Maryland, Mr. CAPUANO, and Mr. DOYLE) introduced the following bill; which 

was referred to the Committee on House Administration, and in addition 

to the Committees on Energy and Commerce and Ways and Means, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To reform the financing of House elections, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Fair Elections Now Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

TITLE I—FAIR ELECTIONS FINANCING OF HOUSE ELECTION 

CAMPAIGNS 

Sec. 101. Findings and declarations. 

Sec. 102. Eligibility requirements and benefits of fair elections financing of 

House election campaigns. 

‘‘TITLE V—FAIR ELECTIONS FINANCING OF HOUSE ELECTION 

CAMPAIGNS 

‘‘Subtitle A—General Provisions 

‘‘Sec. 501. Definitions. 

‘‘Sec. 502. Fair Elections Fund. 

‘‘Subtitle B—Eligibility and Certification 

‘‘Sec. 511. Eligibility. 

‘‘Sec. 512. Qualifying contribution requirement. 

‘‘Sec. 513. Contribution and expenditure requirements. 

‘‘Sec. 514. Debate requirement. 

‘‘Sec. 515. Certification. 

‘‘Subtitle C—Benefits 

‘‘Sec. 521. Benefits for participating candidates. 

‘‘Sec. 522. Allocations from the Fund. 

‘‘Sec. 523. Matching payments for qualified small dollar contributions. 

‘‘Sec. 524. Political advertising vouchers. 

‘‘Subtitle D—Administrative Provisions 

‘‘Sec. 531. Fair Elections Oversight Board. 

‘‘Sec. 532. Administration provisions. 

‘‘Sec. 533. Violations and penalties. 

Sec. 103. Prohibition on joint fundraising committees. 

Sec. 104. Limitation on coordinated expenditures by political party committees 

with participating candidates. 

Sec. 105. Deposit of proceeds from recovered spectrum auctions. 

Sec. 106. Designation of overpayments as contributions to Fair Elections Fund. 

TITLE II—IMPROVING VOTER INFORMATION 

Sec. 201. Broadcasts relating to all House candidates. 

Sec. 202. Broadcast rates for participating candidates. 

Sec. 203. FCC to prescribe standardized form for reporting candidate campaign 

ads. 

TITLE III—RESPONSIBILITIES OF THE FEDERAL ELECTION 

COMMISSION 

Sec. 301. Petition for certiorari. 

Sec. 302. Filing by all candidates with Commission. 

Sec. 303. Electronic filing of FEC reports. 

TITLE IV—MISCELLANEOUS PROVISIONS 


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Sec. 401. Severability. 

Sec. 402. Effective date. 

1 TITLE I—FAIR ELECTIONS FI2 NANCING OF HOUSE ELEC3 TION CAMPAIGNS 

4 SEC. 101. FINDINGS AND DECLARATIONS. 

5 (a) UNDERMINING OF DEMOCRACY BY CAMPAIGN

6 CONTRIBUTIONS FROM PRIVATE SOURCES.—The House 

7 of Representatives finds and declares that the current sys8 tem of privately financed campaigns for election to the 

9 House of Representatives has the capacity, and is often 

10 perceived by the public, to undermine democracy in the 

11 United States by— 

12 (1) creating a culture that fosters actual or per13 ceived conflicts of interest, by encouraging Members 

14 of the House to accept large campaign contributions 

15 from private interests that are directly affected by 

16 Federal legislation; 

17 (2) diminishing or appearing to diminish Mem18 bers’ accountability to constituents by compelling 

19 legislators to be accountable to the major contribu20 tors who finance their election campaigns; 

21 (3) undermining the meaning of the right to 

22 vote by allowing monied interests to have a dis23 proportionate and unfair influence within the polit24 ical process; 


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1 (4) imposing large, unwarranted costs on tax2 payers through legislative and regulatory distortions 

3 caused by unequal access to lawmakers for campaign 

4 contributors; 

5 (5) making it difficult for some qualified can6 didates to mount competitive House election cam7 paigns; 

8 (6) disadvantaging challengers and discouraging 

9 competitive elections, because large campaign con10 tributors tend to donate their money to incumbent 

11 Members, thus causing House elections to be less 

12 competitive; and 

13 (7) burdening incumbents with a preoccupation 

14 with fundraising and thus decreasing the time avail15 able to carry out their public responsibilities. 

16 (b) ENHANCEMENT OF DEMOCRACY BY PROVIDING

17 ALLOCATIONS FROM THE FAIR ELECTIONS FUND.—The 

18 House of Representatives finds and declares that pro19 viding the option of the replacement of large private cam20 paign contributions with allocations from the Fair Elec21 tions Fund for all primary, runoff, and general elections 

22 to the House of Representatives would enhance American 

23 democracy by— 

24 (1) reducing the actual or perceived conflicts of 

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1 tion campaigns of public officials and restoring pub2 lic confidence in the integrity and fairness of the 

3 electoral and legislative processes through a program 

4 which allows participating candidates to adhere to 

5 substantially lower contribution limits for contribu6 tors with an assurance that there will be sufficient 

7 funds for such candidates to run viable electoral 

8 campaigns; 

9 (2) increasing the public’s confidence in the ac10 countability of Members to the constituents who 

11 elect them, which derives from the program’s quali12 fying criteria to participate in the voluntary program 

13 and the conclusions that constituents may draw re14 garding candidates who qualify and participate in 

15 the program; 

16 (3) helping to reduce the ability to make large 

17 campaign contributions as a determinant of a citi18 zen’s influence within the political process by facili19 tating the expression of support by voters at every 

20 level of wealth, encouraging political participation, 

21 incentivizing participation on the part of Members 

22 through the matching of small dollar contributions; 

23 (4) potentially saving taxpayers billions of dol24 lars that may be (or that are perceived to be) cur25 rently allocated based upon legislative and reguVerDate Nov 24 2008 22:34 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1826.IH H1826

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1 latory agendas skewed by the influence of campaign 

2 contributions; 

3 (5) creating genuine opportunities for all Amer4 icans to run for the House of Representatives and 

5 encouraging more competitive elections; 

6 (6) encouraging participation in the electoral 

7 process by citizens of every level of wealth; and 

8 (7) freeing Members from the incessant pre9 occupation with raising money, and allowing them 

10 more time to carry out their public responsibilities. 

11 SEC. 102. ELIGIBILITY REQUIREMENTS AND BENEFITS OF 

12 FAIR ELECTIONS FINANCING OF HOUSE 

13 ELECTION CAMPAIGNS. 

14 The Federal Election Campaign Act of 1971 (2 

15 U.S.C. 431 et seq.) is amended by adding at the end the 

16 following: 

17 ‘‘TITLE V—FAIR ELECTIONS FI18 NANCING OF HOUSE ELEC19 TION CAMPAIGNS 

20 ‘‘Subtitle A—General Provisions 

21 ‘‘SEC. 501. DEFINITIONS. 

22 ‘‘In this title: 

23 ‘‘(1) ALLOCATION FROM THE FUND.—The term 

24 ‘allocation from the Fund’ means an allocation of 


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1 money from the Fair Elections Fund to a partici2 pating candidate pursuant to section 522. 

3 ‘‘(2) BOARD.—The term ‘Board’ means the 

4 Fair Elections Oversight Board established under 

5 section 531. 

6 ‘‘(3) FAIR ELECTIONS QUALIFYING PERIOD.— 

7 The term ‘Fair Elections qualifying period’ means, 

8 with respect to any candidate for the office of Rep9 resentative in, or Delegate or Resident Commis10 sioner to, the Congress, the period— 

11 ‘‘(A) beginning on the date on which the 

12 candidate files a statement of intent under sec13 tion 511(a)(1); and 

14 ‘‘(B) ending on the date that is 60 days 

15 before— 

16 ‘‘(i) the date of the primary election; 

17 or 

18 ‘‘(ii) in the case of a State that does 

19 not hold a primary election, the date pre20 scribed by State law as the last day to 

21 qualify for a position on the general elec22 tion ballot. 

23 ‘‘(4) FAIR ELECTIONS START DATE.—The term 

24 ‘Fair Elections start date’ means, with respect to 

25 any candidate, the date that is 180 days before— 


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1 ‘‘(A) the date of the primary election; or 

2 ‘‘(B) in the case of a State that does not 

3 hold a primary election, the date prescribed by 

4 State law as the last day to qualify for a posi5 tion on the general election ballot. 

6 ‘‘(5) FUND.—The term ‘Fund’ means the Fair 

7 Elections Fund established by section 502. 

8 ‘‘(6) IMMEDIATE FAMILY.—The term ‘imme9 diate family’ means, with respect to any candidate— 

10 ‘‘(A) the candidate’s spouse; 

11 ‘‘(B) a child, stepchild, parent, grand12 parent, brother, half-brother, sister, or half-sis13 ter of the candidate or the candidate’s spouse; 

14 and 

15 ‘‘(C) the spouse of any person described in 

16 subparagraph (B). 

17 ‘‘(7) MATCHING CONTRIBUTION.—The term 

18 ‘matching contribution’ means a matching payment 

19 provided to a participating candidate for qualified 

20 small dollar contributions, as provided under section 

21 523. 

22 ‘‘(8) NONPARTICIPATING CANDIDATE.—The 

23 term ‘nonparticipating candidate’ means a candidate 

24 for the office of Representative in, or Delegate or 


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1 Resident Commissioner to, the Congress who is not 

2 a participating candidate. 

3 ‘‘(9) PARTICIPATING CANDIDATE.—The term 

4 ‘participating candidate’ means a candidate for the 

5 office of Representative in, or Delegate or Resident 

6 Commissioner to, the Congress who is certified 

7 under section 515 as being eligible to receive an allo8 cation from the Fund. 

9 ‘‘(10) QUALIFYING CONTRIBUTION.—The term 

10 ‘qualifying contribution’ means, with respect to a 

11 candidate, a contribution that— 

12 ‘‘(A) is in an amount that is— 

13 ‘‘(i) not less than the greater of $5 or 

14 the amount determined by the Commission 

15 under section 531; and 

16 ‘‘(ii) not more than the greater of 

17 $100 or the amount determined by the 

18 Commission under section 531. 

19 ‘‘(B) is made by an individual— 

20 ‘‘(i) who is a resident of the State in 

21 which such Candidate is seeking election; 

22 and 

23 ‘‘(ii) who is not otherwise prohibited 

24 from making a contribution under this Act; 


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1 ‘‘(C) is made during the Fair Elections 

2 qualifying period; and 

3 ‘‘(D) meets the requirements of section 

4 512(b). 

5 ‘‘(11) QUALIFIED SMALL DOLLAR CONTRIBU6 TION.—The term ‘qualified small dollar contribution’ 

7 means, with respect to a candidate, any contribution 

8 (or a series of contributions)— 

9 ‘‘(A) which is not a qualifying contribution 

10 (or does not include a qualifying contribution); 

11 ‘‘(B) which is made by an individual who 

12 is not prohibited from making a contribution 

13 under this Act; and 

14 ‘‘(C) the aggregate amount of which does 

15 not exceed the greater of— 

16 ‘‘(i) $100 per election; or 

17 ‘‘(ii) the amount determined by the 

18 Commission under section 531. 

19 ‘‘SEC. 502. FAIR ELECTIONS FUND. 

20 ‘‘(a) ESTABLISHMENT.—There is established in the 

21 Treasury a fund to be known as the ‘Fair Elections Fund’. 

22 ‘‘(b) AMOUNTS HELD BY FUND.—The Fund shall 

23 consist of the following amounts: 

24 ‘‘(1) APPROPRIATED AMOUNTS.— 


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1 ‘‘(A) IN GENERAL.—Amounts appropriated 

2 to the Fund, including trust fund amounts ap3 propriated pursuant to applicable provisions of 

4 the Internal Revenue Code of 1986. 

5 ‘‘(B) PROCEEDS FROM RECOVERED SPEC6 TRUM AUCTIONS.—Amounts deposited pursuant 

7 to section 309(j)(8)(E)(ii)(II) of the Commu8 nications Act of 1934. 

9 ‘‘(C) DESIGNATIONS OF OVERPAYMENTS

10 AS CONTRIBUTIONS.—Amounts appropriated to 

11 the Fund equivalent to the amounts of the over12 payments of tax to which designations under 

13 section 6097 of the Internal Revenue Code of 

14 1986 apply. 

15 ‘‘(2) VOLUNTARY CONTRIBUTIONS.—Voluntary 

16 contributions to the Fund. 

17 ‘‘(3) OTHER DEPOSITS.—Amounts deposited 

18 into the Fund under— 

19 ‘‘(A) section 513(c) (relating to exceptions 

20 to contribution requirements); 

21 ‘‘(B) section 521(c) (relating to remittance 

22 of allocations from the Fund); 

23 ‘‘(C) section 533 (relating to violations); 

24 and 

25 ‘‘(D) any other section of this Act. 


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1 ‘‘(4) INVESTMENT RETURNS.—Interest on, and 

2 the proceeds from, the sale or redemption of, any 

3 obligations held by the Fund under subsection (c). 

4 ‘‘(c) INVESTMENT.—The Commission shall invest 

5 portions of the Fund in obligations of the United States 

6 in the same manner as provided under section 9602(b) 

7 of the Internal Revenue Code of 1986. 

8 ‘‘(d) USE OF FUND.— 

9 ‘‘(1) IN GENERAL.—The sums in the Fund 

10 shall be used to provide benefits to participating 

11 candidates as provided in subtitle C. 

12 ‘‘(2) INSUFFICIENT AMOUNTS.—Under regula13 tions established by the Commission, rules similar to 

14 the rules of section 9006(c) of the Internal Revenue 

15 Code shall apply. 

16 ‘‘Subtitle B—Eligibility and 

17 Certification 

18 ‘‘SEC. 511. ELIGIBILITY. 

19 ‘‘(a) IN GENERAL.—A candidate for the office of 

20 Representative in, or Delegate or Resident Commissioner 

21 to, the Congress is eligible to receive an allocation from 

22 the Fund for any election if the candidate meets the fol23 lowing requirements: 

24 ‘‘(1) The candidate files with the Commission a 

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1 pating candidate under this title during the period 

2 beginning on the Fair Elections start date and end3 ing on the last day of the Fair Elections qualifying 

4 period. 

5 ‘‘(2) The candidate meets the qualifying con6 tribution requirements of section 512. 

7 ‘‘(3) Not later than the last day of the Fair 

8 Elections qualifying period, the candidate files with 

9 the Commission an affidavit signed by the candidate 

10 and the treasurer of the candidate’s principal cam11 paign committee declaring that the candidate— 

12 ‘‘(A) has complied and, if certified, will 

13 comply with the contribution and expenditure 

14 requirements of section 513; 

15 ‘‘(B) if certified, will comply with the de16 bate requirements of section 514; 

17 ‘‘(C) if certified, will not run as a non18 participating candidate during such year in any 

19 election for the office that such candidate is 

20 seeking; and 

21 ‘‘(D) has either qualified or will take steps 

22 to qualify under State law to be on the ballot. 

23 ‘‘(b) GENERAL ELECTION.—Notwithstanding sub24 section (a), a candidate shall not be eligible to receive an 

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1 eral runoff election unless the candidate’s party nominated 

2 the candidate to be placed on the ballot for the general 

3 election or the candidate otherwise qualified to be on the 

4 ballot under State law. 

5 ‘‘SEC. 512. QUALIFYING CONTRIBUTION REQUIREMENT. 

6 ‘‘(a) IN GENERAL.—A candidate for the office of 

7 Representative in, or Delegate or Resident Commissioner 

8 to, the Congress meets the requirement of this section if, 

9 during the Fair Elections qualifying period, the candidate 

10 obtains— 

11 ‘‘(1) a number of qualifying contributions equal 

12 to or greater than 1,500; and 

13 ‘‘(2) a total dollar amount of qualifying con14 tributions equal to or greater than $50,000. 

15 ‘‘(b) REQUIREMENTS RELATING TO RECEIPT OF

16 QUALIFYING CONTRIBUTION.—Each qualifying contribu17 tion— 

18 ‘‘(1) may be made by means of a personal 

19 check, money order, debit card, credit card, or elec20 tronic payment account; 

21 ‘‘(2) shall be accompanied by a signed state22 ment containing— 

23 ‘‘(A) the contributor’s name and the con24 tributor’s address in the State in which the con25 tributor is registered to vote; 


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1 ‘‘(B) an oath declaring that the contrib2 utor— 

3 ‘‘(i) understands that the purpose of 

4 the qualifying contribution is to show sup5 port for the candidate so that the can6 didate may qualify for Fair Elections fi7 nancing; 

8 ‘‘(ii) is making the contribution in his 

9 or her own name and from his or her own 

10 funds; 

11 ‘‘(iii) has made the contribution will12 ingly; and 

13 ‘‘(iv) has not received anything of 

14 value in return for the contribution; and 

15 ‘‘(3) shall be acknowledged by a receipt that is 

16 sent to the contributor with a copy kept by the can17 didate for the Commission and a copy kept by the 

18 candidate for the election authorities in the State 

19 with respect to which the candidate is seeking elec20 tion; and 

21 ‘‘(c) VERIFICATION OF QUALIFYING CONTRIBU22 TIONS.—The Commission shall establish procedures for 

23 the auditing and verification of qualifying contributions to 

24 ensure that such contributions meet the requirements of 

25 this section. 


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1 ‘‘SEC. 513. CONTRIBUTION AND EXPENDITURE REQUIRE2 MENTS. 

3 ‘‘(a) GENERAL RULE.—A candidate for the office of 

4 Representative in, or Delegate or Resident Commissioner 

5 to, the Congress meets the requirements of this section 

6 if, during the election cycle of the candidate, the can7 didate— 

8 ‘‘(1) except as provided in subsection (b), ac9 cepts no contributions other than— 

10 ‘‘(A) qualifying contributions; 

11 ‘‘(B) qualified small dollar contributions; 

12 ‘‘(C) allocations from the Fund under sec13 tion 522; 

14 ‘‘(D) matching contributions under section 

15 523; and 

16 ‘‘(E) vouchers provided to the candidate 

17 under section 524; 

18 ‘‘(2) makes no expenditures from any amounts 

19 other than from— 

20 ‘‘(A) qualifying contributions; 

21 ‘‘(B) qualified small dollar contributions; 

22 ‘‘(C) allocations from the Fund under sec23 tion 522; 

24 ‘‘(D) matching contributions under section 

25 523; and 


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1 ‘‘(E) vouchers provided to the candidate 

2 under section 524; and 

3 ‘‘(3) makes no expenditures from personal 

4 funds or the funds of any immediate family member 

5 (other than funds received through qualified small 

6 dollar contributions and qualifying contributions). 

7 For purposes of this subsection, a payment made by a po8 litical party in coordination with a participating candidate 

9 shall not be treated as a contribution to or as an expendi10 ture made by the participating candidate. 

11 ‘‘(b) CONTRIBUTIONS FOR LEADERSHIP PACS, 

12 ETC.—A political committee of a participating candidate 

13 which is not an authorized committee of such candidate 

14 may accept contributions other than contributions de15 scribed in subsection (a)(1) from any person if— 

16 ‘‘(1) the aggregate contributions from such per17 son for any calendar year do not exceed $100; and 

18 ‘‘(2) no portion of such contributions is dis19 bursed in connection with the campaign of the par20 ticipating candidate. 

21 ‘‘(c) EXCEPTION.—Notwithstanding subsection (a), a 

22 candidate shall not be treated as having failed to meet 

23 the requirements of this section if any contributions that 

24 are not qualified small dollar contributions, qualifying con25 tributions, or contributions that meet the requirements of 


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1 subsection (b) and that are accepted before the date the 

2 candidate files a statement of intent under section 

3 511(a)(1) are— 

4 ‘‘(1) returned to the contributor; or 

5 ‘‘(2) submitted to the Commission for deposit in 

6 the Fund. 

7 ‘‘SEC. 514. DEBATE REQUIREMENT. 

8 ‘‘A candidate for the office of Representative in, or 

9 Delegate or Resident Commissioner to, the Congress 

10 meets the requirements of this section if the candidate 

11 participates in at least— 

12 ‘‘(1) 1 public debate before the primary election 

13 with other participating candidates and other willing 

14 candidates from the same party and seeking the 

15 same nomination as such candidate; and 

16 ‘‘(2) 2 public debates before the general election 

17 with other participating candidates and other willing 

18 candidates seeking the same office as such can19 didate. 

20 ‘‘SEC. 515. CERTIFICATION. 

21 ‘‘(a) IN GENERAL.—Not later than 5 days after a 

22 candidate files an affidavit under section 511(a)(3), the 

23 Commission shall— 

24 ‘‘(1) certify whether or not the candidate is a 

25 participating candidate; and 


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1 ‘‘(2) notify the candidate of the Commission’s 

2 determination. 

3 ‘‘(b) REVOCATION OF CERTIFICATION.— 

4 ‘‘(1) IN GENERAL.—The Commission may re5 voke a certification under subsection (a) if— 

6 ‘‘(A) a candidate fails to qualify to appear 

7 on the ballot at any time after the date of cer8 tification; or 

9 ‘‘(B) a candidate otherwise fails to comply 

10 with the requirements of this title, including 

11 any regulatory requirements prescribed by the 

12 Commission. 

13 ‘‘(2) REPAYMENT OF BENEFITS.—If certifi14 cation is revoked under paragraph (1), the candidate 

15 shall repay to the Fund an amount equal to the 

16 value of benefits received under this title plus inter17 est (at a rate determined by the Commission) on any 

18 such amount received. 

19 ‘‘Subtitle C—Benefits 

20 ‘‘SEC. 521. BENEFITS FOR PARTICIPATING CANDIDATES. 

21 ‘‘(a) IN GENERAL.—For each election with respect 

22 to which a candidate is certified as a participating can23 didate, such candidate shall be entitled to— 


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1 ‘‘(1) an allocation from the Fund to make or 

2 obligate to make expenditures with respect to such 

3 election, as provided in section 522; 

4 ‘‘(2) matching contributions, as provided in sec5 tion 523; and 

6 ‘‘(3) for the general election, vouchers for 

7 broadcasts of political advertisements, as provided in 

8 section 524. 

9 ‘‘(b) RESTRICTION ON USES OF ALLOCATIONS FROM

10 THE FUND.—Allocations from the Fund received by a par11 ticipating candidate under sections 522 and matching con12 tributions under section 523 may only be used for cam13 paign-related costs. 

14 ‘‘(c) REMITTING ALLOCATIONS FROM THE FUND.— 

15 ‘‘(1) IN GENERAL.—Not later than the date 

16 that is 45 days after an election in which the partici17 pating candidate appeared on the ballot, such par18 ticipating candidate shall remit to the Commission 

19 for deposit in the Fund an amount equal to the less20 er of— 

21 ‘‘(A) the amount of money in the can22 didate’s campaign account; or 

23 ‘‘(B) the sum of the allocations from the 

24 Fund received by the candidate under section 


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1 522 and the matching contributions received by 

2 the candidate under section 523. 

3 ‘‘(2) EXCEPTION.—In the case of a candidate 

4 who qualifies to be on the ballot for a primary run5 off election, a general election, or a general runoff 

6 election, the amounts described in paragraph (1) 

7 may be retained by the candidate and used in such 

8 subsequent election, and paragraph (1) shall apply 

9 to the last applicable election in the election cycle. 

10 ‘‘SEC. 522. ALLOCATIONS FROM THE FUND. 

11 ‘‘(a) IN GENERAL.—The Commission shall make allo12 cations from the Fund under section 521(a)(1) to a par13 ticipating candidate— 

14 ‘‘(1) in the case of amounts provided under 

15 subsection (c)(1), not later than 48 hours after the 

16 date on which such candidate is certified as a par17 ticipating candidate under section 515; 

18 ‘‘(2) in the case of a general election, not later 

19 than 48 hours after— 

20 ‘‘(A) the date of the certification of the re21 sults of the primary election or the primary 

22 runoff election; or 

23 ‘‘(B) in any case in which there is no pri24 mary election, the date the candidate qualifies 

25 to be placed on the ballot; and 


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1 ‘‘(3) in the case of a primary runoff election or 

2 a general runoff election, not later than 48 hours 

3 after the certification of the results of the primary 

4 election or the general election, as the case may be. 

5 ‘‘(b) METHOD OF PAYMENT.—The Commission shall 

6 distribute funds available to participating candidates 

7 under this section through the use of an electronic funds 

8 exchange or a debit card. 

9 ‘‘(c) AMOUNTS.— 

10 ‘‘(1) PRIMARY ELECTION ALLOCATION; INITIAL

11 ALLOCATION.—Except as provided in paragraph (5), 

12 the Commission shall make an allocation from the 

13 Fund for a primary election to a participating can14 didate in an amount equal to 40 percent of the base 

15 amount with respect to such participating candidate. 

16 ‘‘(2) PRIMARY RUNOFF ELECTION ALLOCA17 TION.—The Commission shall make an allocation 

18 from the Fund for a primary runoff election to a 

19 participating candidate in an amount equal to 25 

20 percent of the amount the participating candidate 

21 was eligible to receive under this section for the pri22 mary election. 

23 ‘‘(3) GENERAL ELECTION ALLOCATION.—Ex24 cept as provided in paragraph (5), the Commission 

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1 eral election to a participating candidate in an 

2 amount equal to 60 percent of the base amount with 

3 respect to such participating candidate. 

4 ‘‘(4) GENERAL RUNOFF ELECTION ALLOCA5 TION.—The Commission shall make an allocation 

6 from the Fund for a general runoff election to a par7 ticipating candidate in an amount equal to 25 per8 cent of the base amount with respect to such can9 didate. 

10 ‘‘(5) UNCONTESTED ELECTIONS.— 

11 ‘‘(A) IN GENERAL.—In the case of a pri12 mary or general election that is an uncontested 

13 election, the Commission shall make an alloca14 tion from the Fund to a participating candidate 

15 for such election in an amount equal to 25 per16 cent of the allocation for that election with re17 spect to such candidate. 

18 ‘‘(B) UNCONTESTED ELECTION DE19 FINED.—For purposes of this subparagraph, an 

20 election is uncontested if not more than 1 can21 didate has campaign funds (including payments 

22 from the Fund) in an amount equal to or great23 er than 10 percent of the allocation a candidate 

24 would be entitled to receive under this section 


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1 for that election (determined without regard to 

2 this paragraph). 

3 ‘‘(d) BASE AMOUNT.—The base amount for any can4 didate is an amount equal to 80 percent of the national 

5 average spending of the cycle by winning candidates in the 

6 last two election cycles. 

7 ‘‘SEC. 523. MATCHING PAYMENTS FOR QUALIFIED SMALL 

8 DOLLAR CONTRIBUTIONS. 

9 ‘‘(a) IN GENERAL.—The Commission shall pay to 

10 each participating candidate an amount equal to 400 per11 cent of the amount of qualified small dollar contributions 

12 received by the candidate from individuals who are resi13 dents of the State in which such participating candidate 

14 is seeking election. 

15 ‘‘(b) LIMITATION.—The maximum payment under 

16 this section shall be the greater of— 

17 ‘‘(1) 200 percent of the allocation under para18 graphs (1) through (4) of subsection (c) for that 

19 election with respect to such candidate; or 

20 ‘‘(2) the percentage of the allocation determined 

21 by the Commission under section 531. 

22 ‘‘(c) TIME OF PAYMENT.—The Commission shall 

23 make payments under this section not later than 2 busi24 ness days after the receipt of a report made under sub25 section (d). 


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1 ‘‘(d) REPORTS.— 

2 ‘‘(1) IN GENERAL.—Each participating can3 didate shall file reports of receipts of qualified small 

4 dollar contributions at such times and in such man5 ner as the Commission may by regulations prescribe. 

6 ‘‘(2) CONTENTS OF REPORTS.—Each report 

7 under this subsection shall disclose— 

8 ‘‘(A) the amount of each qualified small 

9 dollar contribution received by the candidate; 

10 ‘‘(B) the amount of each qualified small 

11 dollar contribution received by the candidate 

12 from a resident of the State in which the can13 didate is seeking election; and 

14 ‘‘(C) the name, address, and occupation of 

15 each individual who made a qualified small dol16 lar contribution to the candidate. 

17 ‘‘(3) FREQUENCY OF REPORTS.—Reports under 

18 this subsection shall be made no more frequently 

19 than— 

20 ‘‘(A) once every month until the date that 

21 is 90 days before the date of the election; 

22 ‘‘(B) once every week after the period de23 scribed in subparagraph (A) and until the date 

24 that is 21 days before the election; and 


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1 ‘‘(C) once every day after the period de2 scribed in subparagraph (B). 

3 ‘‘(4) LIMITATION ON REGULATIONS.—The 

4 Commission may not prescribe any regulations with 

5 respect to reporting under this subsection with re6 spect to any election after the date that is 180 days 

7 before the date of such election. 

8 ‘‘(e) APPEALS.—The Commission shall provide a 

9 written explanation with respect to any denial of any pay10 ment under this section and shall provide for the oppor11 tunity for review and reconsideration within 5 business 

12 days of such denial. 

13 ‘‘SEC. 524. POLITICAL ADVERTISING VOUCHERS. 

14 ‘‘(a) IN GENERAL.—The Commission shall establish 

15 and administer a voucher program for the purchase of 

16 airtime on broadcasting stations for political advertise17 ments in accordance with the provisions of this section. 

18 ‘‘(b) CANDIDATES.—The Commission shall only dis19 burse vouchers under the program established under sub20 section (a) to participants certified pursuant to section 

21 515 who have agreed in writing to keep and furnish to 

22 the Commission such records, books, and other informa23 tion as it may require. 

24 ‘‘(c) AMOUNTS.—The Commission shall disburse 

25 vouchers to each candidate certified under subsection (b) 


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1 in the amount of $100,000 or the amount determined by 

2 the Commission under section 531. 

3 ‘‘(d) USE.— 

4 ‘‘(1) EXCLUSIVE USE.—Vouchers disbursed by 

5 the Commission under this section may be used only 

6 for the purchase of broadcast airtime for political 

7 advertisements relating to a general election for the 

8 office of Member of the House of Representatives 

9 (including a Delegate or Resident Commissioner to 

10 the Congress) by the participating candidate to 

11 which the vouchers were disbursed, except that— 

12 ‘‘(A) a candidate may exchange vouchers 

13 with a political party under paragraph (2); and 

14 ‘‘(B) a political party may use vouchers 

15 only to purchase broadcast airtime for political 

16 advertisements for generic party advertising (as 

17 defined by the Commission in regulations), to 

18 support candidates for State or local office in a 

19 general election, or to support participating 

20 candidates of the party in a general election for 

21 Federal office, but only if it discloses the value 

22 of the voucher used as an expenditure under 

23 section 315(d). 

24 ‘‘(2) EXCHANGE WITH POLITICAL PARTY COM25 MITTEE.— 


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1 ‘‘(A) IN GENERAL.—A participating can2 didate who receives a voucher under this section 

3 may transfer the right to use all or a portion 

4 of the value of the voucher to a committee of 

5 the political party of which the individual is a 

6 candidate in exchange for money in an amount 

7 equal to the cash value of the voucher or por8 tion exchanged. 

9 ‘‘(B) CONTINUATION OF CANDIDATE OBLI10 GATIONS.—The transfer of a voucher, in whole 

11 or in part, to a political party committee under 

12 this paragraph does not release the candidate 

13 from any obligation under the agreement made 

14 under subsection (b) or otherwise modify that 

15 agreement or its application to that candidate. 

16 ‘‘(C) PARTY COMMITTEE OBLIGATIONS.— 

17 Any political party committee to which a vouch18 er or portion thereof is transferred under sub19 paragraph (A)— 

20 ‘‘(i) shall account fully, in accordance 

21 with such requirements as the Commission 

22 may establish, for the receipt of the vouch23 er; and 

24 ‘‘(ii) may not use the transferred 

25 voucher or portion thereof for any purpose 


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1 other than a purpose described in para2 graph (1)(B). 

3 ‘‘(D) VOUCHER AS A CONTRIBUTION.—If a 

4 candidate transfers a voucher or any portion 

5 thereof to a political party committee under 

6 subparagraph (A)— 

7 ‘‘(i) the value of the voucher or por8 tion thereof transferred shall be treated as 

9 a contribution from the candidate to the 

10 committee, and from the committee to the 

11 candidate, for purposes of sections 302 

12 and 304; 

13 ‘‘(ii) the committee may, in exchange, 

14 provide to the candidate only funds subject 

15 to the prohibitions, limitations, and report16 ing requirements of title III of this Act; 

17 and 

18 ‘‘(iii) the amount, if identified as a 

19 ‘voucher exchange’ shall not be considered 

20 a contribution for the purposes of sections 

21 315 and 513. 

22 ‘‘(e) VALUE; ACCEPTANCE; REDEMPTION.— 

23 ‘‘(1) VOUCHER.—Each voucher disbursed by 

24 the Commission under this section shall have a value 

25 in dollars, redeemable upon presentation to the 


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1 Commission, together with such documentation and 

2 other information as the Commission may require, 

3 for the purchase of broadcast airtime for political 

4 advertisements in accordance with this section. 

5 ‘‘(2) ACCEPTANCE.—A broadcasting station 

6 shall accept vouchers in payment for the purchase of 

7 broadcast airtime for political advertisements in ac8 cordance with this section. 

9 ‘‘(3) REDEMPTION.—The Commission shall re10 deem vouchers accepted by broadcasting stations 

11 under paragraph (2) upon presentation, subject to 

12 such documentation, verification, accounting, and 

13 application requirements as the Commission may im14 pose to ensure the accuracy and integrity of the 

15 voucher redemption system. 

16 ‘‘(4) EXPIRATION.— 

17 ‘‘(A) CANDIDATES.—A voucher may only 

18 be used to pay for broadcast airtime for polit19 ical advertisements to be broadcast before mid20 night on the day before the date of the Federal 

21 election in connection with which it was issued 

22 and shall be null and void for any other use or 

23 purpose. 

24 ‘‘(B) EXCEPTION FOR POLITICAL PARTY

25 COMMITTEES.—A voucher held by a political 


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1 party committee may be used to pay for broad2 cast airtime for political advertisements to be 

3 broadcast before midnight on December 31st of 

4 the odd-numbered year following the year in 

5 which the voucher was issued by the Commis6 sion. 

7 ‘‘(5) VOUCHER AS EXPENDITURE.—The use of 

8 a voucher to purchase broadcast airtime constitutes 

9 an expenditure as defined in section 301(9)(A). 

10 ‘‘(f) DEFINITIONS.—In this section: 

11 ‘‘(1) BROADCASTING STATION.—The term 

12 ‘broadcasting station’ has the meaning given that 

13 term by section 315(f)(1) of the Communications 

14 Act of 1934. 

15 ‘‘(2) POLITICAL PARTY.—The term ‘political 

16 party’ means a major party or a minor party as de17 fined in section 9002 (3) or (4) of the Internal Rev18 enue Code of 1986 (26 U.S.C. 9002 (3) or (4)). 

19 ‘‘Subtitle D—Administrative 

20 Provisions 

21 ‘‘SEC. 531. FAIR ELECTIONS OVERSIGHT BOARD. 

22 ‘‘(a) ESTABLISHMENT.—There is established within 

23 the Federal Election Commission an entity to be known 

24 as the ‘Fair Elections Oversight Board’. 

25 ‘‘(b) STRUCTURE AND MEMBERSHIP.— 


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1 ‘‘(1) IN GENERAL.—The Board shall be com2 posed of 5 members appointed by the President, of 

3 whom— 

4 ‘‘(A) 2 shall be appointed after consulta5 tion with the majority leader of the House of 

6 Representatives; 

7 ‘‘(B) 2 shall be appointed after consulta8 tion with the minority leader of the House of 

9 Representatives; and 

10 ‘‘(C) 1 shall be appointed upon the rec11 ommendation of the members appointed under 

12 subparagraphs (A) and (B). 

13 ‘‘(2) QUALIFICATIONS.— 

14 ‘‘(A) IN GENERAL.—The members shall be 

15 individuals who are nonpartisan and, by reason 

16 of their education, experience, and attainments, 

17 exceptionally qualified to perform the duties of 

18 members of the Board. 

19 ‘‘(B) PROHIBITION.—No member of the 

20 Board may be— 

21 ‘‘(i) an employee of the Federal Gov22 ernment; 

23 ‘‘(ii) a registered lobbyist; or 

24 ‘‘(iii) an officer or employee of a polit25 ical party or political campaign. 


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1 ‘‘(3) DATE.—Members of the Board shall be 

2 appointed not later than 60 days after the date of 

3 the enactment of this Act. 

4 ‘‘(4) TERMS.—A member of the Board shall be 

5 appointed for a term of 5 years. 

6 ‘‘(5) VACANCIES.—A vacancy on the Board 

7 shall be filled not later than 30 calendar days after 

8 the date on which the Board is given notice of the 

9 vacancy, in the same manner as the original ap10 pointment. The individual appointed to fill the va11 cancy shall serve only for the unexpired portion of 

12 the term for which the individual’s predecessor was 

13 appointed. 

14 ‘‘(6) CHAIRPERSON.—The Board shall des15 ignate a Chairperson from among the members of 

16 the Board. 

17 ‘‘(c) DUTIES AND POWERS.— 

18 ‘‘(1) ADMINISTRATION.—The Board shall have 

19 such duties and powers as the Commission may pre20 scribe, including the power to administer the provi21 sions of this title. 

22 ‘‘(2) REVIEW OF FAIR ELECTIONS FINANC23 ING.— 

24 ‘‘(A) IN GENERAL.—After each general 

25 election for Federal office, the Board shall conVerDate Nov 24 2008 22:34 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H1826.IH H1826

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1 duct a comprehensive review of the Fair Elec2 tions financing program under this title, includ3 ing— 

4 ‘‘(i) the maximum dollar amount of 

5 qualified small dollar contributions under 

6 section 501(11); 

7 ‘‘(ii) the maximum and minimum dol8 lar amounts for qualifying contributions 

9 under section 501(10); 

10 ‘‘(iii) the number and value of quali11 fying contributions a candidate is required 

12 to obtain under section 512 to qualify for 

13 allocations from the Fund; 

14 ‘‘(iv) the amount of allocations from 

15 the Fund that candidates may receive 

16 under section 522; 

17 ‘‘(v) the maximum amount of match18 ing contributions a candidate may receive 

19 under section 523; 

20 ‘‘(vi) the amount and usage of vouch21 ers under section 524; 

22 ‘‘(vii) the overall satisfaction of par23 ticipating candidates and the American 

24 public with the program; and 


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1 ‘‘(viii) such other matters relating to 

2 financing of House of Representatives 

3 campaigns as the Board determines are 

4 appropriate. 

5 ‘‘(B) CRITERIA FOR REVIEW.—In con6 ducting the review under subparagraph (A), the 

7 Board shall consider the following: 

8 ‘‘(i) QUALIFYING CONTRIBUTIONS

9 AND QUALIFIED SMALL DOLLAR CON10 TRIBUTIONS.—The Board shall consider 

11 whether the number and dollar amount of 

12 qualifying contributions required and max13 imum dollar amount for such qualifying 

14 contributions and qualified small dollar 

15 contributions strikes a balance regarding 

16 the importance of voter involvement, the 

17 need to assure adequate incentives for par18 ticipating, and fiscal responsibility, taking 

19 into consideration the number of primary 

20 and general election participating can21 didates, the electoral performance of those 

22 candidates, program cost, and any other 

23 information the Board determines is ap24 propriate. 


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1 ‘‘(ii) REVIEW OF PROGRAM BENE2 FITS.—The Board shall consider whether 

3 the totality of the amount of funds allowed 

4 to be raised by participating candidates 

5 (including through qualifying contributions 

6 and small dollar contributions), allocations 

7 from the Fund under sections 522, match8 ing contributions under section 523, and 

9 vouchers under section 524 are sufficient 

10 for voters in each State to learn about the 

11 candidates to cast an informed vote, taking 

12 into account the historic amount of spend13 ing by winning candidates, media costs, 

14 primary election dates, and any other in15 formation the Board determines is appro16 priate. 

17 ‘‘(C) ADJUSTMENT OF AMOUNTS.— 

18 ‘‘(i) IN GENERAL.—Based on the re19 view conducted under subparagraph (A), 

20 the Board shall provide for the adjust21 ments of the following amounts: 

22 ‘‘(I) the maximum dollar amount 

23 of qualified small dollar contributions 

24 under section 501(11)(C); 


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1 ‘‘(II) the maximum and min2 imum dollar amounts for qualifying 

3 contributions under section 

4 501(10)(A); 

5 ‘‘(III) the number and value of 

6 qualifying contributions a candidate is 

7 required to obtain under section 

8 512(a)(1); 

9 ‘‘(IV) the base amount for can10 didates under section 522(d); 

11 ‘‘(V) the maximum amount of 

12 matching contributions a candidate 

13 may receive under section 523(b); and 

14 ‘‘(VI) the dollar amount for 

15 vouchers under section 524(c). 

16 ‘‘(ii) REGULATIONS.—The Commis17 sion shall promulgate regulations providing 

18 for the adjustments made by the Board 

19 under clause (i). 

20 ‘‘(D) REPORT.—Not later than March 30 

21 following any general election for Federal office, 

22 the Board shall submit a report to Congress on 

23 the review conducted under paragraph (1). 

24 Such report shall contain a detailed statement 


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1 of the findings, conclusions, and recommenda2 tions of the Board based on such review. 

3 ‘‘(d) MEETINGS AND HEARINGS.— 

4 ‘‘(1) MEETINGS.—The Board may hold such 

5 hearings, sit and act at such times and places, take 

6 such testimony, and receive such evidence as the 

7 Board considers advisable to carry out the purposes 

8 of this Act. 

9 ‘‘(2) QUORUM.—Three members of the Board 

10 shall constitute a quorum for purposes of voting, but 

11 a quorum is not required for members to meet and 

12 hold hearings. 

13 ‘‘(e) REPORTS.—Not later than March 30, 2011, and 

14 every 2 years thereafter, the Board shall submit to the 

15 Committee on House Administration of the House of Rep16 resentatives a report documenting, evaluating, and making 

17 recommendations relating to the administrative implemen18 tation and enforcement of the provisions of this title. 

19 ‘‘(f) ADMINISTRATION.— 

20 ‘‘(1) COMPENSATION OF MEMBERS.— 

21 ‘‘(A) IN GENERAL.—Each member, other 

22 than the Chairperson, shall be paid at a rate 

23 equal to the daily equivalent of the minimum 

24 annual rate of basic pay prescribed for level IV 


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1 of the Executive Schedule under section 5315 

2 of title 5, United States Code. 

3 ‘‘(B) CHAIRPERSON.—The Chairperson 

4 shall be paid at a rate equal to the daily equiva5 lent of the minimum annual rate of basic pay 

6 prescribed for level III of the Executive Sched7 ule under section 5314 of title 5, United States 

8 Code. 

9 ‘‘(2) PERSONNEL.— 

10 ‘‘(A) DIRECTOR.—The Board shall have a 

11 staff headed by an Executive Director. The Ex12 ecutive Director shall be paid at a rate equiva13 lent to a rate established for the Senior Execu14 tive Service under section 5382 of title 5, 

15 United States Code. 

16 ‘‘(B) STAFF APPOINTMENT.—With the ap17 proval of the Chairperson, the Executive Direc18 tor may appoint such personnel as the Execu19 tive Director and the Board determines to be 

20 appropriate. 

21 ‘‘(C) ACTUARIAL EXPERTS AND CONSULT22 ANTS.—With the approval of the Chairperson, 

23 the Executive Director may procure temporary 

24 and intermittent services under section 3109(b) 

25 of title 5, United States Code. 


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1 ‘‘(D) DETAIL OF GOVERNMENT EMPLOY2 EES.—Upon the request of the Chairperson, the 

3 head of any Federal agency may detail, without 

4 reimbursement, any of the personnel of such 

5 agency to the Board to assist in carrying out 

6 the duties of the Board. Any such detail shall 

7 not interrupt or otherwise affect the civil service 

8 status or privileges of the Federal employee. 

9 ‘‘(E) OTHER RESOURCES.—The Board 

10 shall have reasonable access to materials, re11 sources, statistical data, and other information 

12 from the Library of Congress and other agen13 cies of the executive and legislative branches of 

14 the Federal Government. The Chairperson of 

15 the Board shall make requests for such access 

16 in writing when necessary. 

17 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as are nec19 essary to carry out the purposes of this subtitle. 

20 ‘‘SEC. 532. ADMINISTRATION PROVISIONS. 

21 ‘‘The Commission shall prescribe regulations to carry 

22 out the purposes of this title, including regulations— 

23 ‘‘(1) to establish procedures for— 

24 ‘‘(A) verifying the amount of valid quali25 fying contributions with respect to a candidate; 


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1 ‘‘(B) effectively and efficiently monitoring 

2 and enforcing the limits on the raising of quali3 fied small dollar contributions; 

4 ‘‘(C) effectively and efficiently monitoring 

5 and enforcing the limits on the use of personal 

6 funds by participating candidates; 

7 ‘‘(D) monitoring the use of allocations 

8 from the Fund and matching contributions 

9 under this title through audits or other mecha10 nisms; and 

11 ‘‘(E) the administration of the voucher 

12 program under section 524; and 

13 ‘‘(2) regarding the conduct of debates in a man14 ner consistent with the best practices of States that 

15 provide public financing for elections. 

16 ‘‘SEC. 533. VIOLATIONS AND PENALTIES. 

17 ‘‘(a) CIVIL PENALTY FOR VIOLATION OF CONTRIBU18 TION AND EXPENDITURE REQUIREMENTS.—If a can19 didate who has been certified as a participating candidate 

20 under section 515(a) accepts a contribution or makes an 

21 expenditure that is prohibited under section 513, the Com22 mission shall assess a civil penalty against the candidate 

23 in an amount that is not more than 3 times the amount 

24 of the contribution or expenditure. Any amounts collected 

25 under this subsection shall be deposited into the Fund. 


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1 ‘‘(b) REPAYMENT FOR IMPROPER USE OF FAIR

2 ELECTIONS FUND.— 

3 ‘‘(1) IN GENERAL.—If the Commission deter4 mines that any benefit made available to a partici5 pating candidate under this title was not used as 

6 provided for in this title or that a participating can7 didate has violated any of the dates for remission of 

8 funds contained in this title, the Commission shall 

9 so notify the candidate and the candidate shall pay 

10 to the Fund an amount equal to— 

11 ‘‘(A) the amount of benefits so used or not 

12 remitted, as appropriate; and 

13 ‘‘(B) interest on any such amounts (at a 

14 rate determined by the Commission). 

15 ‘‘(2) OTHER ACTION NOT PRECLUDED.—Any 

16 action by the Commission in accordance with this 

17 subsection shall not preclude enforcement pro18 ceedings by the Commission in accordance with sec19 tion 309(a), including a referral by the Commission 

20 to the Attorney General in the case of an apparent 

21 knowing and willful violation of this title.’’. 


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1 SEC. 103. PROHIBITION ON JOINT FUNDRAISING COMMIT2 TEES. 

3 Section 302(e) of the Federal Election Campaign Act 

4 of 1971 (2 U.S.C. 432(e)) is amended by adding at the 

5 end the following new paragraph: 

6 ‘‘(6) No authorized committee of a candidate 

7 may establish a joint fundraising committee with a 

8 political committee other than an authorized com9 mittee of a candidate.’’. 

10 SEC. 104. LIMITATION ON COORDINATED EXPENDITURES 

11 BY POLITICAL PARTY COMMITTEES WITH 

12 PARTICIPATING CANDIDATES. 

13 (a) IN GENERAL.—Section 315(d)(3) of the Federal 

14 Election Campaign Act of 1971 (2 U.S.C. 441a(d)) is 

15 amended— 

16 (1) by redesignating subparagraphs (A) and 

17 (B) as subparagraphs (B) and (C), respectively; and 

18 (2) by inserting before subparagraph (B), as re19 designated by paragraph (1), the following new sub20 paragraph: 

21 ‘‘(A) in the case of a candidate for election 

22 to the office of Representative in, or Delegate 

23 or Resident Commissioner to, the Congress who 

24 is a participating candidate (as defined in sec25 tion 501), the lesser of— 


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1 ‘‘(i) 10 percent of the allocation from 

2 the Fair Elections Fund that the partici3 pating candidate is eligible to receive for 

4 the general election under section 522(c); 

5 or 

6 ‘‘(ii) the amount which would (but for 

7 this subparagraph) apply with respect to 

8 such candidate under subparagraph (B);’’. 

9 (b) CONFORMING AMENDMENT.—Section 315(d)(3) 

10 of such Act (2 U.S.C. 441a(d)(3)) is amended— 

11 (1) in subparagraph (B) (as redesignated by 

12 subsection (a)), by inserting ‘‘who is not a partici13 pating candidate (as so defined)’’ after ‘‘only one 

14 Representative’’; and 

15 (2) in subparagraph (C) (as redesignated by 

16 subsection (a)), by inserting ‘‘who is not a partici17 pating candidate (as so defined)’’ after ‘‘any other 

18 State’’. 

19 SEC. 105. DEPOSIT OF PROCEEDS FROM RECOVERED SPEC20 TRUM AUCTIONS. 

21 Section 309(j)(8)(E)(ii) of the Communications Act 

22 of 1934 (47 U.S.C. 309(j)(8)(E)(ii)) is amended— 

23 (1) by striking ‘‘deposited in’’ and inserting the 

24 following: ′′deposited as follows: 


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1 ‘‘(I) 90 percent of such proceeds 

2 deposited in’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(II) 10 percent of such proceeds 

5 deposited in the Fair Elections Fund 

6 established under section 502 of the 

7 Federal Election Campaign Act of 

8 1971.’’. 

9 SEC. 106. DESIGNATION OF OVERPAYMENTS AS CONTRIBU10 TIONS TO FAIR ELECTIONS FUND. 

11 (a) IN GENERAL.—Subchapter A of chapter 61 of the 

12 Internal Revenue Code of 1986 is amended by adding at 

13 the end the following new part: 

14 ‘‘PART IX—DESIGNATION OF OVERPAYMENTS AS 

15 CONTRIBUTIONS TO FAIR ELECTIONS FUND 

‘‘Sec. 6097. Designation. 

16 ‘‘SEC. 6097. DESIGNATION. 

17 ‘‘(a) IN GENERAL.—Every individual (other than a 

18 nonresident alien) whose income tax liability for the tax19 able year is $10 or more may designate that $10 shall 

20 be paid over to the Fair Elections Fund in accordance 

21 with the provisions of section 502 of the Federal Election 

22 Campaign Act of 1971. In the case of a joint return of 

23 husband and wife having an income tax liability of $20 


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1 or more, each spouse may designate that $10 shall be paid 

2 to the fund. 

3 ‘‘(b) DEFINITIONS.—For purposes of this section— 

4 ‘‘(1) FAIR ELECTIONS FUND.—The term ‘Fair 

5 Elections Fund’ means the fund established by sec6 tion 502 of the Federal Election Campaign Act of 

7 1971. 

8 ‘‘(2) INCOME TAX LIABILITY.—The term ‘in9 come tax liability’ has the meaning given such term 

10 by section 6096(b). 

11 ‘‘(c) MANNER AND TIME OF DESIGNATION.—A des12 ignation under subsection (a) may be made with respect 

13 to any taxable year— 

14 ‘‘(1) at the time of filing the return of the tax 

15 imposed by chapter 1 for such taxable year, or 

16 ‘‘(2) at any other time (after the time of filing 

17 the return of the tax imposed by chapter 1 for such 

18 taxable year) specified in regulations prescribed by 

19 the Secretary. 

20 Such designation shall be made in such manner as the 

21 Secretary prescribes by regulations except that such des22 ignation shall be made either on the first page of the re23 turn or on the page bearing the taxpayer’s signature. 

24 ‘‘(d) OVERPAYMENTS TREATED AS REFUNDED.— 

25 For purposes of this title, any portion of an overpayment 


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1 of tax designated under subsection (a) shall be treated as 

2 being refunded to the taxpayer as of the last date pre3 scribed for filing the return of tax imposed by chapter 1 

4 (determined without regard to extensions).’’. 

5 (b) CLERICAL AMENDMENT.—The table of parts for 

6 subchapter A of chapter 61 of such Code is amended by 

7 adding at the end the following new item: 

‘‘PART IX. DESIGNATION OF OVERPAYMENTS AS CONTRIBUTIONS TO FAIR

ELECTIONS FUND’’. 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply to taxable years ending after the 

10 date of the enactment of this Act. 

11 TITLE II—IMPROVING VOTER 

12 INFORMATION 

13 SEC. 201. BROADCASTS RELATING TO ALL HOUSE CAN14 DIDATES. 

15 (a) LOWEST UNIT CHARGE; NATIONAL COMMIT16 TEES.—Section 315(b) of the Communications Act of 

17 1934 (47 U.S.C. 315(b)) is amended— 

18 (1) by striking ‘‘to such office’’ in paragraph 

19 (1) and inserting ‘‘to such office, or by a national 

20 committee of a political party on behalf of such can21 didate in connection with such campaign,’’; and 

22 (2) by inserting ‘‘for pre-emptible use thereof’’ 

23 after ‘‘station’’ in subparagraph (A) of paragraph 

24 (1). 


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1 (b) PREEMPTION; AUDITS.—Section 315 of such Act 

2 (47 U.S.C. 315) is amended— 

3 (1) by redesignating subsections (f) and (g) as 

4 subsections (e) and (f), respectively and moving 

5 them to follow the existing subsection (e); 

6 (2) by redesignating the existing subsection (e) 

7 as subsection (c); and 

8 (3) by inserting after subsection (c) (as redesig9 nated by paragraph (2)) the following: 

10 ‘‘(d) PREEMPTION.— 

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), and notwithstanding the requirements of 

13 subsection (b)(1)(A), a licensee shall not preempt 

14 the use of a broadcasting station by a legally quali15 fied candidate for the office of Representative in, or 

16 Delegate or Resident Commissioner to, the Congress 

17 who has purchased and paid for such use. 

18 ‘‘(2) CIRCUMSTANCES BEYOND CONTROL OF LI19 CENSEE.—If a program to be broadcast by a broad20 casting station is preempted because of cir21 cumstances beyond the control of the station, any 

22 candidate or party advertising spot scheduled to be 

23 broadcast during that program shall be treated in 

24 the same fashion as a comparable commercial adver25 tising spot. 


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1 ‘‘(e) AUDITS.—During the 30-day period preceding 

2 a primary election and the 60-day period preceding a gen3 eral election, the Commission shall conduct such audits 

4 as it deems necessary to ensure that each broadcaster to 

5 which this section applies is allocating television broadcast 

6 advertising time in accordance with this section and sec7 tion 312.’’. 

8 (c) REVOCATION OF LICENSE FOR FAILURE TO PER9 MIT ACCESS.—Section 312(a)(7) of the Communications 

10 Act of 1934 (47 U.S.C. 312(a)(7)) is amended— 

11 (1) by striking ‘‘or repeated’’; 

12 (2) by inserting ‘‘or cable system’’ after ‘‘broad13 casting station’’; and 

14 (3) by striking ‘‘his candidacy’’ and inserting 

15 ‘‘the candidacy of the candidate, under the same 

16 terms, conditions, and business practices as apply to 

17 the most favored advertiser of the licensee’’. 

18 (d) STYLISTIC AMENDMENTS.—Section 315 of such 

19 Act (47 U.S.C. 315) is amended— 

20 (1) by striking ‘‘the’’ in subsection (f)(1), as re21 designated by subsection (b)(1), and inserting 

22 ‘‘BROADCASTING STATION.—’’; 

23 (2) by striking ‘‘the’’ in subsection (f)(2), as re24 designated by subsection (b)(1), and inserting ‘‘LI25 CENSEE; STATION LICENSEE.—’’; and 


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1 (3) by inserting ‘‘REGULATIONS.—’’ in sub2 section (g), as redesignated by subsection (b)(1), be3 fore ‘‘The Commission’’. 

4 SEC. 202. BROADCAST RATES FOR PARTICIPATING CAN5 DIDATES. 

6 Section 315(b) of the Communications Act of 1934 

7 (47 U.S.C. 315(b)), as amended by section 201(a), is 

8 amended— 

9 (1) in paragraph (1)(A), by striking ‘‘paragraph 

10 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(3) PARTICIPATING CANDIDATES.—In the case 

13 of a participating candidate (as defined under sec14 tion 501(9) of the Federal Election Campaign Act of 

15 1971), the charges made for the use of any broad16 casting station for a television broadcast shall not 

17 exceed 80 percent of the lowest charge described in 

18 paragraph (1)(A) during— 

19 ‘‘(A) the 45 days preceding the date of a 

20 primary or primary runoff election in which the 

21 candidate is opposed; and 

22 ‘‘(B) the 60 days preceding the date of a 

23 general or special election in which the can24 didate is opposed. 


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1 ‘‘(4) RATE CARDS.—A licensee shall provide to 

2 a candidate for Representative in, or Delegate or 

3 Resident Commissioner to, the Congress a rate card 

4 that discloses— 

5 ‘‘(A) the rate charged under this sub6 section; and 

7 ‘‘(B) the method that the licensee uses to 

8 determine the rate charged under this sub9 section.’’. 

10 SEC. 203. FCC TO PRESCRIBE STANDARDIZED FORM FOR 

11 REPORTING CANDIDATE CAMPAIGN ADS. 

12 (a) IN GENERAL.—Within 90 days after the date of 

13 enactment of this Act, the Federal Communications Com14 mission shall initiate a rulemaking proceeding to establish 

15 a standardized form to be used by broadcasting stations, 

16 as defined in section 315(f)(1) of the Communications Act 

17 of 1934 (47 U.S.C. 315(f)(1)), to record and report the 

18 purchase of advertising time by or on behalf of a candidate 

19 for nomination for election, or for election, to Federal elec20 tive office. 

21 (b) CONTENTS.—The form prescribed by the Com22 mission under subsection (a) shall require, broadcasting 

23 stations to report to the Commission and to the Federal 

24 Election Commission, at a minimum— 

25 (1) the station call letters and mailing address; 


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1 (2) the name and telephone number of the sta2 tion’s sales manager (or individual with responsi3 bility for advertising sales); 

4 (3) the name of the candidate who purchased 

5 the advertising time, or on whose behalf the adver6 tising time was purchased, and the Federal elective 

7 office for which he or she is a candidate; 

8 (4) the name, mailing address, and telephone 

9 number of the person responsible for purchasing 

10 broadcast political advertising for the candidate; 

11 (5) notation as to whether the purchase agree12 ment for which the information is being reported is 

13 a draft or final version; and 

14 (6) the following information about the adver15 tisement: 

16 (A) The date and time of the broadcast. 

17 (B) The program in which the advertise18 ment was broadcast. 

19 (C) The length of the broadcast airtime. 

20 (c) INTERNET ACCESS.—In its rulemaking under 

21 subsection (a), the Commission shall require any broad22 casting station required to file a report under this section 

23 that maintains an Internet website to make available a 

24 link to such reports on that website. 


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1 TITLE III—RESPONSIBILITIES 

2 OF THE FEDERAL ELECTION 

3 COMMISSION 

4 SEC. 301. PETITION FOR CERTIORARI. 

5 Section 307(a)(6) of the Federal Election Campaign 

6 Act of 1971 (2 U.S.C. 437d(a)(6)) is amended by insert7 ing ‘‘(including a proceeding before the Supreme Court on 

8 certiorari)’’ after ‘‘appeal’’. 

9 SEC. 302. FILING BY ALL CANDIDATES WITH COMMISSION. 

10 Section 302(g) of the Federal Election Campaign Act 

11 of 1971 (2 U.S.C. 432(g)) is amended to read as follows: 

12 ‘‘(g) FILING WITH THE COMMISSION.—All des13 ignations, statements, and reports required to be 

14 filed under this Act shall be filed with the Commis15 sion.’’. 

16 SEC. 303. ELECTRONIC FILING OF FEC REPORTS. 

17 Section 304(a)(11) of the Federal Election Campaign 

18 Act of 1971 (2 U.S.C. 434(a)(11)) is amended— 

19 (1) in subparagraph (A), by striking ‘‘under 

20 this Act—’’ and all that follows and inserting 

21 ‘‘under this Act shall be required to maintain and 

22 file such designation, statement, or report in elec23 tronic form accessible by computers.’’; 


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1 (2) in subparagraph (B), by striking ‘‘48 

2 hours’’ and all that follows through ‘‘filed electroni3 cally)’’ and inserting ‘‘24 hours’’; and 

4 (3) by striking subparagraph (D). 

5 TITLE IV—MISCELLANEOUS 

6 PROVISIONS 

7 SEC. 401. SEVERABILITY. 

8 If any provision of this Act or amendment made by 

9 this Act, or the application of a provision or amendment 

10 to any person or circumstance, is held to be unconstitu11 tional, the remainder of this Act and amendments made 

12 by this Act, and the application of the provisions and 

13 amendment to any person or circumstance, shall not be 

14 affected by the holding. 

15 SEC. 402. EFFECTIVE DATE. 

16 Except as otherwise provided for in this Act, this Act 

17 and the amendments made by this Act shall take effect 

18 on January 1, 2011. 

Æ 


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