II 

113TH CONGRESS 

2D SESSION S. 2023 

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

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 12, 2014 

Mr. DURBIN (for himself, Mrs. BOXER, Mr. BROWN, Mr. CARDIN, Mr. 

FRANKEN, Mrs. GILLIBRAND, Mr. HARKIN, Mr. HEINRICH, Ms. KLOBUCHAR, Mr. LEAHY, Mr. MENENDEZ, Mr. MARKEY, Mr. MERKLEY, Mr. 

MURPHY, Mr. SANDERS, Mrs. SHAHEEN, and Ms. WARREN) introduced 

the following bill; which was read twice and referred to the Committee 

on Finance 

A BILL 

To reform the financing of Senate 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: 

Sec. 1. Short title; table of contents. 

TITLE I—FAIR ELECTIONS FINANCING OF SENATE ELECTION 

CAMPAIGNS 


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Subtitle A—Fair Elections Financing Program 

Sec. 101. Findings and declarations. 

Sec. 102. Eligibility requirements and benefits of Fair Elections financing of 

Senate election campaigns. 

Sec. 103. Prohibition on joint fundraising committees. 

Sec. 104. Exception to limitation on coordinated expenditures by political party 

committees with participating candidates. 

TITLE II—IMPROVING VOTER INFORMATION 

Sec. 201. Broadcasts relating to all Senate 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 Senate candidates with Commission. 

Sec. 303. Electronic filing of FEC reports. 

TITLE IV—PARTICIPATION IN FUNDING OF ELECTIONS 

Sec. 401. Refundable tax credit for Senate campaign contributions. 

TITLE V—REVENUE PROVISIONS 

Sec. 501. Fair Elections Fund revenue. 

TITLE VI—MISCELLANEOUS PROVISIONS 

Sec. 601. Severability. 

Sec. 602. Effective date. 

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

4 Subtitle A—Fair Elections 

5 Financing Program 

6 SEC. 101. FINDINGS AND DECLARATIONS. 

7 (a) UNDERMINING OF DEMOCRACY BY CAMPAIGN

8 CONTRIBUTIONS FROM PRIVATE SOURCES.—The Senate 

9 finds and declares that the current system of privately fi10 nanced campaigns for election to the United States Senate 


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1 has the capacity, and is often perceived by the public, to 

2 undermine democracy in the United States by— 

3 (1) creating a culture that fosters actual or per4 ceived conflicts of interest by encouraging Senators 

5 to accept large campaign contributions from private 

6 interests that are directly affected by Federal legis7 lation; 

8 (2) diminishing or appearing to diminish Sen9 ators’ accountability to constituents by compelling 

10 legislators to be accountable to the major contribu11 tors who finance their election campaigns; 

12 (3) undermining the meaning of the right to 

13 vote by allowing monied interests to have a dis14 proportionate and unfair influence within the polit15 ical process; 

16 (4) imposing large, unwarranted costs on tax17 payers through legislative and regulatory distortions 

18 caused by unequal access to lawmakers for campaign 

19 contributors; 

20 (5) making it difficult for some qualified can21 didates to mount competitive Senate election cam22 paigns; 

23 (6) disadvantaging challengers and discouraging 

24 competitive elections; and 


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1 (7) burdening incumbents with a preoccupation 

2 with fundraising and thus decreasing the time avail3 able to carry out their public responsibilities. 

4 (b) ENHANCEMENT OF DEMOCRACY BY PROVIDING

5 ALLOCATIONS FROM THE FAIR ELECTIONS FUND.—The 

6 Senate finds and declares that providing the option of the 

7 replacement of large private campaign contributions with 

8 allocations from the Fair Elections Fund for all primary, 

9 runoff, and general elections to the Senate would enhance 

10 American democracy by— 

11 (1) reducing the actual or perceived conflicts of 

12 interest created by fully private financing of the elec13 tion campaigns of public officials and restoring pub14 lic confidence in the integrity and fairness of the 

15 electoral and legislative processes through a program 

16 which allows participating candidates to adhere to 

17 substantially lower contribution limits for contribu18 tors with an assurance that there will be sufficient 

19 funds for such candidates to run viable electoral 

20 campaigns; 

21 (2) increasing the public’s confidence in the ac22 countability of Senators to the constituents who elect 

23 them, which derives from the program’s qualifying 

24 criteria to participate in the voluntary program and 

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1 ing candidates who qualify and participate in the 

2 program; 

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

4 campaign contributions as a determinant of a citi5 zen’s influence within the political process by facili6 tating the expression of support by voters at every 

7 level of wealth, encouraging political participation, 

8 and incentivizing participation on the part of Sen9 ators through the matching of small dollar contribu10 tions; 

11 (4) potentially saving taxpayers billions of dol12 lars that may be (or that are perceived to be) cur13 rently allocated based upon legislative and regu14 latory agendas skewed by the influence of campaign 

15 contributions; 

16 (5) creating genuine opportunities for all Amer17 icans to run for the Senate and encouraging more 

18 competitive elections; 

19 (6) encouraging participation in the electoral 

20 process by citizens of every level of wealth; and 

21 (7) freeing Senators from the incessant pre22 occupation with raising money, and allowing them 

23 more time to carry out their public responsibilities. 


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1 SEC. 102. ELIGIBILITY REQUIREMENTS AND BENEFITS OF 

2 FAIR ELECTIONS FINANCING OF SENATE 

3 ELECTION CAMPAIGNS. 

4 The Federal Election Campaign Act of 1971 (2 

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

6 following: 

7 ‘‘TITLE V—FAIR ELECTIONS FI8 NANCING OF SENATE ELEC9 TION CAMPAIGNS 

10 ‘‘Subtitle A—General Provisions 

11 ‘‘SEC. 501. DEFINITIONS. 

12 ‘‘In this title: 

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

14 ‘allocation from the Fund’ means an allocation of 

15 money from the Fair Elections Fund to a partici16 pating candidate pursuant to section 522. 

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

18 Fair Elections Oversight Board established under 

19 section 531. 

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

21 The term ‘Fair Elections qualifying period’ means, 

22 with respect to any candidate for Senator, the pe23 riod— 

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

25 candidate files a statement of intent under sec26 tion 511(a)(1); and 


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1 ‘‘(B) ending on the date that is 30 days 

2 before— 

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

4 or 

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

6 not hold a primary election, the date pre7 scribed by State law as the last day to 

8 qualify for a position on the general elec9 tion ballot. 

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

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

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

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

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

15 hold a primary election, the date prescribed by 

16 State law as the last day to qualify for a posi17 tion on the general election ballot. 

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

19 Elections Fund established by section 502. 

20 ‘‘(6) IMMEDIATE FAMILY.—The term ‘imme21 diate family’ means, with respect to any candidate— 

22 ‘‘(A) the candidate’s spouse; 

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1 ter of the candidate or the candidate’s spouse; 

2 and 

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

4 subparagraph (B). 

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

6 ‘matching contribution’ means a matching payment 

7 provided to a participating candidate for qualified 

8 small dollar contributions, as provided under section 

9 523. 

10 ‘‘(8) NONPARTICIPATING CANDIDATE.—The 

11 term ‘nonparticipating candidate’ means a candidate 

12 for Senator who is not a participating candidate. 

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

14 ‘participating candidate’ means a candidate for Sen15 ator who is certified under section 515 as being eli16 gible to receive an allocation from the Fund. 

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

18 ‘qualifying contribution’ means, with respect to a 

19 candidate, a contribution that— 

20 ‘‘(A) is in an amount that is— 

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

22 the amount determined by the Commission 

23 under section 531; and 


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

2 $150 or the amount determined by the 

3 Commission under section 531; 

4 ‘‘(B) is made by an individual— 

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

6 which such candidate is seeking election; 

7 and 

8 ‘‘(ii) who is not otherwise prohibited 

9 from making a contribution under this Act; 

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

11 qualifying period; and 

12 ‘‘(D) meets the requirements of section 

13 512(b). 

14 ‘‘(11) QUALIFIED SMALL DOLLAR CONTRIBU15 TION.—The term ‘qualified small dollar contribution’ 

16 means, with respect to a candidate, any contribution 

17 (or series of contributions)— 

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

19 (or does not include a qualifying contribution); 

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

21 is not prohibited from making a contribution 

22 under this Act; and 

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

24 not exceed the greater of— 

25 ‘‘(i) $150 per election; or 


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1 ‘‘(ii) the amount per election deter2 mined by the Commission under section 

3 531. 

4 ‘‘SEC. 502. FAIR ELECTIONS FUND. 

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

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

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

8 consist of the following amounts: 

9 ‘‘(1) APPROPRIATED AMOUNTS.— 

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

11 to the Fund. 

12 ‘‘(B) SENSE OF THE SENATE REGARDING

13 APPROPRIATIONS.—It is the sense of the Senate 

14 that— 

15 ‘‘(i) there should be imposed on any 

16 payment made to any person (other than a 

17 State or local government or a foreign na18 tion) who has contracts with the Govern19 ment of the United States in excess of 

20 $10,000,000 a tax equal to 0.50 percent of 

21 amount paid pursuant to such contracts, 

22 except that the aggregate tax for any per23 son for any taxable year shall not exceed 

24 $500,000; and 


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1 ‘‘(ii) the revenue from such tax should 

2 be appropriated to the Fund. 

3 ‘‘(2) VOLUNTARY CONTRIBUTIONS.—Voluntary 

4 contributions to the Fund. 

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

6 into the Fund under— 

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

8 to contribution requirements); 

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

10 of allocations from the Fund); 

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

12 and 

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

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

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

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

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

18 portions of the Fund in obligations of the United States 

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

20 of the Internal Revenue Code of 1986. 

21 ‘‘(d) USE OF FUND.— 

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

23 shall be used to provide benefits to participating 

24 candidates as provided in subtitle C. 


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1 ‘‘(2) INSUFFICIENT AMOUNTS.—Under regula2 tions established by the Commission, rules similar to 

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

4 Code shall apply. 

5 ‘‘Subtitle B—Eligibility and 

6 Certification 

7 ‘‘SEC. 511. ELIGIBILITY. 

8 ‘‘(a) IN GENERAL.—A candidate for Senator is eligi9 ble to receive an allocation from the Fund for any election 

10 if the candidate meets the following requirements: 

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

12 statement of intent to seek certification as a partici13 pating candidate under this title during the period 

14 beginning on the Fair Elections start date and end15 ing on the last day of the Fair Elections qualifying 

16 period. 

17 ‘‘(2) The candidate meets the qualifying con18 tribution requirements of section 512. 

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

20 Elections qualifying period, the candidate files with 

21 the Commission an affidavit signed by the candidate 

22 and the treasurer of the candidate’s principal cam23 paign committee declaring that the candidate— 


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

2 comply with the contribution and expenditure 

3 requirements of section 513; 

4 ‘‘(B) if certified, will comply with the de5 bate requirements of section 514; 

6 ‘‘(C) if certified, will not run as a non7 participating candidate during such year in any 

8 election for the office that such candidate is 

9 seeking; and 

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

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

12 ‘‘(b) GENERAL ELECTION.—Notwithstanding sub13 section (a), a candidate shall not be eligible to receive an 

14 allocation from the Fund for a general election or a gen15 eral runoff election unless the candidate’s party nominated 

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

17 election or the candidate otherwise qualified to be on the 

18 ballot under State law. 

19 ‘‘SEC. 512. QUALIFYING CONTRIBUTION REQUIREMENT. 

20 ‘‘(a) IN GENERAL.—A candidate for Senator meets 

21 the requirement of this section if, during the Fair Elec22 tions qualifying period, the candidate obtains— 

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

24 to the greater of— 

25 ‘‘(A) the sum of— 


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1 ‘‘(i) 2,000; plus 

2 ‘‘(ii) 500 for each congressional dis3 trict in the State with respect to which the 

4 candidate is seeking election; or 

5 ‘‘(B) the amount determined by the Com6 mission under section 531; and 

7 ‘‘(2) a total dollar amount of qualifying con8 tributions equal to the greater of— 

9 ‘‘(A) 10 percent of the amount of the allo10 cation such candidate would be entitled to re11 ceive for the primary election under section 

12 522(c)(1) (determined without regard to para13 graph (5) thereof) if such candidate were a par14 ticipating candidate; or 

15 ‘‘(B) the amount determined by the Com16 mission under section 531. 

17 ‘‘(b) REQUIREMENTS RELATING TO RECEIPT OF

18 QUALIFYING CONTRIBUTION.—Each qualifying contribu19 tion— 

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

21 check, money order, debit card, credit card, or elec22 tronic payment account; 

23 ‘‘(2) shall be accompanied by a signed state24 ment containing— 


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1 ‘‘(A) the contributor’s name and the con2 tributor’s address in the State in which the con3 tributor is registered to vote; and 

4 ‘‘(B) an oath declaring that the contrib5 utor— 

6 ‘‘(i) understands that the purpose of 

7 the qualifying contribution is to show sup8 port for the candidate so that the can9 didate may qualify for Fair Elections fi10 nancing; 

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

12 or her own name and from his or her own 

13 funds; 

14 ‘‘(iii) has made the contribution will15 ingly; and 

16 ‘‘(iv) has not received anything of 

17 value in return for the contribution; and 

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

19 sent to the contributor with a copy kept by the can20 didate for the Commission and a copy kept by the 

21 candidate for the election authorities in the State 

22 with respect to which the candidate is seeking elec23 tion. 

24 ‘‘(c) VERIFICATION OF QUALIFYING CONTRIBU25 TIONS.—The Commission shall establish procedures for 


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1 the auditing and verification of qualifying contributions to 

2 ensure that such contributions meet the requirements of 

3 this section. 

4 ‘‘SEC. 513. CONTRIBUTION AND EXPENDITURE REQUIRE5 MENTS. 

6 ‘‘(a) GENERAL RULE.—A candidate for Senator 

7 meets the requirements of this section if, during the elec8 tion cycle of the candidate, the candidate— 

9 ‘‘(1) except as provided in subsection (b), ac10 cepts no contributions other than— 

11 ‘‘(A) qualifying contributions; 

12 ‘‘(B) qualified small dollar contributions; 

13 ‘‘(C) allocations from the Fund under sec14 tion 522; 

15 ‘‘(D) matching contributions under section 

16 523; and 

17 ‘‘(E) vouchers provided to the candidate 

18 under section 524; 

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

20 other than from— 

21 ‘‘(A) qualifying contributions; 

22 ‘‘(B) qualified small dollar contributions; 

23 ‘‘(C) allocations from the Fund under sec24 tion 522; 


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1 ‘‘(D) matching contributions under section 

2 523; and 

3 ‘‘(E) vouchers provided to the candidate 

4 under section 524; and 

5 ‘‘(3) makes no expenditures from personal 

6 funds or the funds of any immediate family member 

7 (other than funds received through qualified small 

8 dollar contributions and qualifying contributions). 

9 For purposes of this subsection, a payment made by a po10 litical party in coordination with a participating candidate 

11 shall not be treated as a contribution to or as an expendi12 ture made by the participating candidate. 

13 ‘‘(b) CONTRIBUTIONS FOR LEADERSHIP PACS, 

14 ETC.—A political committee of a participating candidate 

15 which is not an authorized committee of such candidate 

16 may accept contributions other than contributions de17 scribed in subsection (a)(1) from any person if— 

18 ‘‘(1) the aggregate contributions from such per19 son for any calendar year do not exceed $150; and 

20 ‘‘(2) no portion of such contributions is dis21 bursed in connection with the campaign of the par22 ticipating candidate. 

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

24 candidate shall not be treated as having failed to meet 

25 the requirements of this section if any contributions that 


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1 are not qualified small dollar contributions, qualifying con2 tributions, or contributions that meet the requirements of 

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

4 candidate files a statement of intent under section 

5 511(a)(1) are— 

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

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

8 the Fund. 

9 ‘‘SEC. 514. DEBATE REQUIREMENT. 

10 ‘‘A candidate for Senator meets the requirements of 

11 this section if the candidate 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 for Senator files an affidavit under section 

23 511(a)(3), the 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 section 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. 

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

10 ‘‘(a) IN GENERAL.—The Commission shall make allo11 cations from the Fund under section 521(a)(1) to a par12 ticipating candidate— 

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

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

15 date on which such candidate is certified as a par16 ticipating candidate under section 515; 

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

18 than 48 hours after— 

19 ‘‘(A) the date of the certification of the re20 sults of the primary election or the primary 

21 runoff election; or 

22 ‘‘(B) in any case in which there is no pri23 mary election, the date the candidate qualifies 

24 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 67 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 

25 shall make an allocation from the Fund for a genVerDate Mar 15 2010 00:28 Feb 19, 2014 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S2023.IS S2023

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1 eral election to a participating candidate in an 

2 amount equal to the base amount with respect to 

3 such 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 which such candidate 

17 would be entitled to under this section for such 

18 election if this paragraph did not apply. 

19 ‘‘(B) UNCONTESTED ELECTION DE20 FINED.—For purposes of this subparagraph, an 

21 election is uncontested if not more than 1 can22 didate has campaign funds (including payments 

23 from the Fund) in an amount equal to or great24 er than 10 percent of the allocation a partici25 pating candidate would be entitled to receive 


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1 under this section for such election if this para2 graph did not apply. 

3 ‘‘(d) BASE AMOUNT.— 

4 ‘‘(1) IN GENERAL.—Except as otherwise pro5 vided in this subsection, the base amount for any 

6 candidate is an amount equal to the greater of— 

7 ‘‘(A) the sum of— 

8 ‘‘(i) $750,000; plus 

9 ‘‘(ii) $150,000 for each congressional 

10 district in the State with respect to which 

11 the candidate is seeking election; or 

12 ‘‘(B) the amount determined by the Com13 mission under section 531. 

14 ‘‘(2) INDEXING.—In each even-numbered year 

15 after 2015— 

16 ‘‘(A) each dollar amount under paragraph 

17 (1)(A) shall be increased by the percent dif18 ference between the price index (as defined in 

19 section 315(c)(2)(A)) for the 12 months pre20 ceding the beginning of such calendar year and 

21 the price index for calendar year 2014; 

22 ‘‘(B) each dollar amount so increased shall 

23 remain in effect for the 2-year period beginning 

24 on the first day following the date of the last 

25 general election in the year preceding the year 


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1 in which the amount is increased and ending on 

2 the date of the next general election; and 

3 ‘‘(C) if any amount after adjustment under 

4 subparagraph (A) is not a multiple of $100, 

5 such amount shall be rounded to the nearest 

6 multiple of $100. 

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 600 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 after the date on which such candidate 

15 is certified under section 515. 

16 ‘‘(b) LIMITATION.—The aggregate payments under 

17 subsection (a) with respect to any candidate shall not ex18 ceed the greater of— 

19 ‘‘(1) 400 percent of the allocation such can20 didate is entitled to receive for such election under 

21 section 522 (determined without regard to sub22 section (c)(5) thereof); or 

23 ‘‘(2) the percentage of such allocation deter24 mined by the Commission under section 531. 


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

2 make payments under this section not later than 2 busi3 ness days after the receipt of a report made under sub4 section (d). 

5 ‘‘(d) REPORTS.— 

6 ‘‘(1) IN GENERAL.—Each participating can7 didate shall file reports of receipts of qualified small 

8 dollar contributions at such times and in such man9 ner as the Commission may by regulations prescribe. 

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

11 under this subsection shall disclose— 

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

13 dollar contribution received by the candidate; 

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

15 dollar contribution received by the candidate 

16 from a resident of the State in which the can17 didate is seeking election; and 

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

19 each individual who made a qualified small dol20 lar contribution to the candidate. 

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

22 this subsection shall be made no more frequently 

23 than— 

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

25 is 90 days before the date of the election; 


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1 ‘‘(B) once every week after the period de2 scribed in subparagraph (A) and until the date 

3 that is 21 days before the election; and 

4 ‘‘(C) once every day after the period de5 scribed in subparagraph (B). 

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

7 Commission may not prescribe any regulations with 

8 respect to reporting under this subsection with re9 spect to any election after the date that is 180 days 

10 before the date of such election. 

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

12 written explanation with respect to any denial of any pay13 ment under this section and shall provide the opportunity 

14 for review and reconsideration within 5 business days of 

15 such denial. 

16 ‘‘SEC. 524. POLITICAL ADVERTISING VOUCHERS. 

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

18 and administer a voucher program for the purchase of 

19 airtime on broadcasting stations for political advertise20 ments in accordance with the provisions of this section. 

21 ‘‘(b) CANDIDATES.—The Commission shall only dis22 burse vouchers under the program established under sub23 section (a) to participants certified pursuant to section 

24 515 who have agreed in writing to keep and furnish to 


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1 the Commission such records, books, and other informa2 tion as it may require. 

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

4 vouchers to each candidate certified under subsection (b) 

5 in an aggregate amount equal to the greater of— 

6 ‘‘(1) $100,000 multiplied by the number of con7 gressional districts in the State with respect to 

8 which such candidate is running for office; or 

9 ‘‘(2) the amount determined by the Commission 

10 under section 531. 

11 ‘‘(d) USE.— 

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

13 the Commission under this section may be used only 

14 for the purchase of broadcast airtime for political 

15 advertisements relating to a general election for the 

16 office of Senate by the participating candidate to 

17 which the vouchers were disbursed, except that— 

18 ‘‘(A) a candidate may exchange vouchers 

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

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

21 only to purchase broadcast airtime for political 

22 advertisements for generic party advertising (as 

23 defined by the Commission in regulations), to 

24 support candidates for State or local office in a 

25 general election, or to support participating 


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1 candidates of the party in a general election for 

2 Federal office, but only if it discloses the value 

3 of the voucher used as an expenditure under 

4 section 315(d). 

5 ‘‘(2) EXCHANGE WITH POLITICAL PARTY COM6 MITTEE.— 

7 ‘‘(A) IN GENERAL.—A participating can8 didate who receives a voucher under this section 

9 may transfer the right to use all or a portion 

10 of the value of the voucher to a committee of 

11 the political party of which the individual is a 

12 candidate (or, in the case of a participating 

13 candidate who is not a member of any political 

14 party, to a committee of the political party of 

15 that candidate’s choice) in exchange for money 

16 in an amount equal to the cash value of the 

17 voucher or portion exchanged. 

18 ‘‘(B) CONTINUATION OF CANDIDATE OBLI19 GATIONS.—The transfer of a voucher, in whole 

20 or in part, to a political party committee under 

21 this paragraph does not release the candidate 

22 from any obligation under the agreement made 

23 under subsection (b) or otherwise modify that 

24 agreement or its application to that candidate. 


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1 ‘‘(C) PARTY COMMITTEE OBLIGATIONS.— 

2 Any political party committee to which a vouch3 er or portion thereof is transferred under sub4 paragraph (A)— 

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

6 with such requirements as the Commission 

7 may establish, for the receipt of the vouch8 er; and 

9 ‘‘(ii) may not use the transferred 

10 voucher or portion thereof for any purpose 

11 other than a purpose described in para12 graph (1)(B). 

13 ‘‘(D) VOUCHER AS A CONTRIBUTION

14 UNDER FECA.—If a candidate transfers a 

15 voucher or any portion thereof to a political 

16 party committee under subparagraph (A)— 

17 ‘‘(i) the value of the voucher or por18 tion thereof transferred shall be treated as 

19 a contribution from the candidate to the 

20 committee, and from the committee to the 

21 candidate, for purposes of sections 302 

22 and 304; 

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

24 provide to the candidate only funds subject 

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1 ing requirements of title III of this Act; 

2 and 

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

4 ‘voucher exchange’, shall not be considered 

5 a contribution for the purposes of sections 

6 315 and 513. 

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

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

9 the Commission under this section shall have a value 

10 in dollars, redeemable upon presentation to the 

11 Commission, together with such documentation and 

12 other information as the Commission may require, 

13 for the purchase of broadcast airtime for political 

14 advertisements in accordance with this section. 

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

16 shall accept vouchers in payment for the purchase of 

17 broadcast airtime for political advertisements in ac18 cordance with this section. 

19 ‘‘(3) REDEMPTION.—The Commission shall re20 deem vouchers accepted by broadcasting stations 

21 under paragraph (2) upon presentation, subject to 

22 such documentation, verification, accounting, and 

23 application requirements as the Commission may im24 pose to ensure the accuracy and integrity of the 

25 voucher redemption system. 


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1 ‘‘(4) EXPIRATION.— 

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

3 be used to pay for broadcast airtime for polit4 ical advertisements to be broadcast before mid5 night on the day before the date of the Federal 

6 election in connection with which it was issued 

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

8 purpose. 

9 ‘‘(B) EXCEPTION FOR POLITICAL PARTY

10 COMMITTEES.—A voucher held by a political 

11 party committee may be used to pay for broad12 cast airtime for political advertisements to be 

13 broadcast before midnight on December 31st of 

14 the odd-numbered year following the year in 

15 which the voucher was issued by the Commis16 sion. 

17 ‘‘(5) VOUCHER AS EXPENDITURE UNDER

18 FECA.—The use of a voucher to purchase broadcast 

19 airtime constitutes an expenditure as defined in sec20 tion 301(9)(A). 

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

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

23 ‘broadcasting station’ has the meaning given that 

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

25 Act of 1934. 


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

2 party’ means a major party or a minor party as de3 fined in section 9002 (3) or (4) of the Internal Rev4 enue Code of 1986 (26 U.S.C. 9002 (3) or (4)). 

5 ‘‘Subtitle D—Administrative 

6 Provisions 

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

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

9 the Federal Election Commission an entity to be known 

10 as the ‘Fair Elections Oversight Board’. 

11 ‘‘(b) STRUCTURE AND MEMBERSHIP.— 

12 ‘‘(1) IN GENERAL.—The Board shall be com13 posed of 5 members appointed by the President by 

14 and with the advice and consent of the Senate, of 

15 whom— 

16 ‘‘(A) 2 shall be appointed after consulta17 tion with the majority leader of the Senate; 

18 ‘‘(B) 2 shall be appointed after consulta19 tion with the minority leader of the Senate; and 

20 ‘‘(C) 1 shall be appointed upon the rec21 ommendation of the members appointed under 

22 subparagraphs (A) and (B). 

23 ‘‘(2) QUALIFICATIONS.— 

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

25 individuals who are nonpartisan and, by reason 


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1 of their education, experience, and attainments, 

2 exceptionally qualified to perform the duties of 

3 members of the Board. 

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

5 Board may be— 

6 ‘‘(i) an employee of the Federal Gov7 ernment; 

8 ‘‘(ii) a registered lobbyist; or 

9 ‘‘(iii) an officer or employee of a polit10 ical party or political campaign. 

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

12 appointed not later than 60 days after the date of 

13 the enactment of this Act. 

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

15 appointed for a term of 5 years. 

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

17 shall be filled not later than 30 calendar days after 

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

19 vacancy, in the same manner as the original ap20 pointment. The individual appointed to fill the va21 cancy shall serve only for the unexpired portion of 

22 the term for which the individual’s predecessor was 

23 appointed. 


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1 ‘‘(6) CHAIRPERSON.—The Board shall des2 ignate a Chairperson from among the members of 

3 the Board. 

4 ‘‘(c) DUTIES AND POWERS.— 

5 ‘‘(1) ADMINISTRATION.— 

6 ‘‘(A) IN GENERAL.—The Board shall have 

7 such duties and powers as the Commission may 

8 prescribe, including the power to administer the 

9 provisions of this title. 

10 ‘‘(2) REVIEW OF FAIR ELECTIONS FINANC11 ING.— 

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

13 election for Federal office, the Board shall con14 duct a comprehensive review of the Fair Elec15 tions financing program under this title, includ16 ing— 

17 ‘‘(i) the maximum dollar amount of 

18 qualified small dollar contributions under 

19 section 501(11); 

20 ‘‘(ii) the maximum and minimum dol21 lar amounts for qualifying contributions 

22 under section 501(10); 

23 ‘‘(iii) the number and value of quali24 fying contributions a candidate is required 


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1 to obtain under section 512 to qualify for 

2 allocations from the Fund; 

3 ‘‘(iv) the amount of allocations from 

4 the Fund that candidates may receive 

5 under section 522; 

6 ‘‘(v) the maximum amount of match7 ing contributions a candidate may receive 

8 under section 523; 

9 ‘‘(vi) the amount and usage of vouch10 ers under section 524; 

11 ‘‘(vii) the overall satisfaction of par12 ticipating candidates and the American 

13 public with the program; and 

14 ‘‘(viii) such other matters relating to 

15 financing of Senate campaigns as the 

16 Board determines are appropriate. 

17 ‘‘(B) CRITERIA FOR REVIEW.—In con18 ducting the review under subparagraph (A), the 

19 Board shall consider the following: 

20 ‘‘(i) QUALIFYING CONTRIBUTIONS

21 AND QUALIFIED SMALL DOLLAR CON22 TRIBUTIONS.—The Board shall consider 

23 whether the number and dollar amount of 

24 qualifying contributions required and max25 imum dollar amount for such qualifying 


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1 contributions and qualified small dollar 

2 contributions strikes a balance regarding 

3 the importance of voter involvement, the 

4 need to assure adequate incentives for par5 ticipating, and fiscal responsibility, taking 

6 into consideration the number of primary 

7 and general election participating can8 didates, the electoral performance of those 

9 candidates, program cost, and any other 

10 information the Board determines is ap11 propriate. 

12 ‘‘(ii) REVIEW OF PROGRAM BENE13 FITS.—The Board shall consider whether 

14 the totality of the amount of funds allowed 

15 to be raised by participating candidates 

16 (including through qualifying contributions 

17 and small dollar contributions), allocations 

18 from the Fund under section 522, match19 ing contributions under section 523, and 

20 vouchers under section 524 are sufficient 

21 for voters in each State to learn about the 

22 candidates to cast an informed vote, taking 

23 into account the historic amount of spend24 ing by winning candidates, media costs, 

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1 formation the Board determines is appro2 priate. 

3 ‘‘(C) ADJUSTMENT OF AMOUNTS.— 

4 ‘‘(i) IN GENERAL.—Based on the re5 view conducted under subparagraph (A), 

6 the Board shall provide for the adjust7 ments of the following amounts: 

8 ‘‘(I) the maximum dollar amount 

9 of qualified small dollar contributions 

10 under section 501(11)(C); 

11 ‘‘(II) the maximum and min12 imum dollar amounts for qualifying 

13 contributions under section 

14 501(10)(A); 

15 ‘‘(III) the number and value of 

16 qualifying contributions a candidate is 

17 required to obtain under section 

18 512(a)(1); 

19 ‘‘(IV) the base amount for can20 didates under section 522(d); 

21 ‘‘(V) the maximum amount of 

22 matching contributions a candidate 

23 may receive under section 523(b); and 

24 ‘‘(VI) the dollar amount for 

25 vouchers under section 524(c). 


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1 ‘‘(ii) REGULATIONS.—The Commis2 sion shall promulgate regulations providing 

3 for the adjustments made by the Board 

4 under clause (i). 

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

6 following any general election for Federal office, 

7 the Board shall submit a report to Congress on 

8 the review conducted under paragraph (1). 

9 Such report shall contain a detailed statement 

10 of the findings, conclusions, and recommenda11 tions of the Board based on such review. 

12 ‘‘(d) MEETINGS AND HEARINGS.— 

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

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

15 such testimony, and receive such evidence as the 

16 Board considers advisable to carry out the purposes 

17 of this Act. 

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

19 shall constitute a quorum for purposes of voting, but 

20 a quorum is not required for members to meet and 

21 hold hearings. 

22 ‘‘(e) REPORTS.—Not later than March 30, 2017, and 

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

24 Senate Committee on Rules and Administration a report 

25 documenting, evaluating, and making recommendations 


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1 relating to the administrative implementation and enforce2 ment of the provisions of this title. 

3 ‘‘(f) ADMINISTRATION.— 

4 ‘‘(1) COMPENSATION OF MEMBERS.— 

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

6 than the Chairperson, shall be paid at a rate 

7 equal to the daily equivalent of the minimum 

8 annual rate of basic pay prescribed for level IV 

9 of the Executive Schedule under section 5315 

10 of title 5, United States Code. 

11 ‘‘(B) CHAIRPERSON.—The Chairperson 

12 shall be paid at a rate equal to the daily equiva13 lent of the minimum annual rate of basic pay 

14 prescribed for level III of the Executive Sched15 ule under section 5314 of title 5, United States 

16 Code. 

17 ‘‘(2) PERSONNEL.— 

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

19 staff headed by an Executive Director. The Ex20 ecutive Director shall be paid at a rate equiva21 lent to a rate established for the Senior Execu22 tive Service under section 5382 of title 5, 

23 United States Code. 

24 ‘‘(B) STAFF APPOINTMENT.—With the ap25 proval of the Chairperson, the Executive DirecVerDate Mar 15 2010 00:28 Feb 19, 2014 Jkt 039200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S2023.IS S2023

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1 tor may appoint such personnel as the Execu2 tive Director and the Board determines to be 

3 appropriate. 

4 ‘‘(C) ACTUARIAL EXPERTS AND CONSULT5 ANTS.—With the approval of the Chairperson, 

6 the Executive Director may procure temporary 

7 and intermittent services under section 3109(b) 

8 of title 5, United States Code. 

9 ‘‘(D) DETAIL OF GOVERNMENT EMPLOY10 EES.—Upon the request of the Chairperson, the 

11 head of any Federal agency may detail, without 

12 reimbursement, any of the personnel of such 

13 agency to the Board to assist in carrying out 

14 the duties of the Board. Any such detail shall 

15 not interrupt or otherwise affect the civil service 

16 status or privileges of the Federal employee. 

17 ‘‘(E) OTHER RESOURCES.—The Board 

18 shall have reasonable access to materials, re19 sources, statistical data, and other information 

20 from the Library of Congress and other agen21 cies of the executive and legislative branches of 

22 the Federal Government. The Chairperson of 

23 the Board shall make requests for such access 

24 in writing when necessary. 


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

2 are authorized to be appropriated such sums as are nec3 essary to carry out the purposes of this subtitle. 

4 ‘‘SEC. 532. ADMINISTRATION PROVISIONS. 

5 ‘‘The Commission shall prescribe regulations to carry 

6 out the purposes of this title, including regulations— 

7 ‘‘(1) to establish procedures for— 

8 ‘‘(A) verifying the amount of valid quali9 fying contributions with respect to a candidate; 

10 ‘‘(B) effectively and efficiently monitoring 

11 and enforcing the limits on the raising of quali12 fied small dollar contributions; 

13 ‘‘(C) effectively and efficiently monitoring 

14 and enforcing the limits on the use of personal 

15 funds by participating candidates; 

16 ‘‘(D) monitoring the use of allocations 

17 from the Fund and matching contributions 

18 under this title through audits or other mecha19 nisms; and 

20 ‘‘(E) the administration of the voucher 

21 program under section 524; and 

22 ‘‘(2) regarding the conduct of debates in a man23 ner consistent with the best practices of States that 

24 provide public financing for elections. 


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1 ‘‘SEC. 533. VIOLATIONS AND PENALTIES. 

2 ‘‘(a) CIVIL PENALTY FOR VIOLATION OF CONTRIBU3 TION AND EXPENDITURE REQUIREMENTS.—If a can4 didate who has been certified as a participating candidate 

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

6 expenditure that is prohibited under section 513, the Com7 mission shall assess a civil penalty against the candidate 

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

9 of the contribution or expenditure. Any amounts collected 

10 under this subsection shall be deposited into the Fund. 

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

12 ELECTIONS FUND.— 

13 ‘‘(1) IN GENERAL.—If the Commission deter14 mines that any benefit made available to a partici15 pating candidate under this title was not used as 

16 provided for in this title or that a participating can17 didate has violated any of the dates for remission of 

18 funds contained in this title, the Commission shall 

19 so notify the candidate and the candidate shall pay 

20 to the Fund an amount equal to— 

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

22 remitted, as appropriate; and 

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

24 rate determined by the Commission). 

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

26 action by the Commission in accordance with this 


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1 subsection shall not preclude enforcement pro2 ceedings by the Commission in accordance with sec3 tion 309(a), including a referral by the Commission 

4 to the Attorney General in the case of an apparent 

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

6 SEC. 103. PROHIBITION ON JOINT FUNDRAISING COMMIT7 TEES. 

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

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

10 end the following new paragraph: 

11 ‘‘(6) No authorized committee of a participating 

12 candidate (as defined in section 501) may establish 

13 a joint fundraising committee with a political com14 mittee other than an authorized committee of a can15 didate.’’. 

16 SEC. 104. EXCEPTION TO LIMITATION ON COORDINATED 

17 EXPENDITURES BY POLITICAL PARTY COM18 MITTEES WITH PARTICIPATING CANDIDATES. 

19 Section 315(d) of the Federal Election Campaign Act 

20 of 1971 (2 U.S.C. 441a(d)) is amended— 

21 (1) in paragraph (3)(A), by striking ‘‘in the 

22 case of’’ and inserting ‘‘except as provided in para23 graph (5), in the case of’’; and 

24 (2) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(5)(A) The limitation under paragraph (3)(A) shall 

2 not apply with respect to any expenditure from a qualified 

3 political party-participating candidate coordinated expend4 iture fund. 

5 ‘‘(B) In this paragraph, the term ‘qualified political 

6 party-participating candidate coordinated expenditure 

7 fund’ means a fund established by the national committee 

8 of a political party, or a State committee of a political 

9 party, including any subordinate committee of a State 

10 committee, for purposes of making expenditures in connec11 tion with the general election campaign of a candidate for 

12 election to the office of Senator who is a participating can13 didate (as defined in section 501), that only accepts quali14 fied coordinated expenditure contributions. 

15 ‘‘(C) In this paragraph, the term ‘qualified coordi16 nated expenditure contribution’ means, with respect to the 

17 general election campaign of a candidate for election to 

18 the office of Senator who is a participating candidate (as 

19 defined in section 501), any contribution (or series of con20 tributions)— 

21 ‘‘(i) which is made by an individual who is not 

22 prohibited from making a contribution under this 

23 Act; and 

24 ‘‘(ii) the aggregate amount of which does not 

25 exceed $500 per election.’’. 


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1 TITLE II—IMPROVING VOTER 

2 INFORMATION 

3 SEC. 201. BROADCASTS RELATING TO ALL SENATE CAN4 DIDATES. 

5 (a) LOWEST UNIT CHARGE; NATIONAL COMMIT6 TEES.—Section 315(b) of the Communications Act of 

7 1934 (47 U.S.C. 315(b)) is amended— 

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

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

10 committee of a political party on behalf of such can11 didate in connection with such campaign,’’; and 

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

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

14 (1). 

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

16 (47 U.S.C. 315) is amended— 

17 (1) by redesignating subsections (c) and (d) as 

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

19 them to follow the existing subsection (e); 

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

21 as subsection (c); and 

22 (3) by inserting after subsection (c) (as redesig23 nated by paragraph (2)) the following: 

24 ‘‘(d) PREEMPTION.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), and notwithstanding the requirements of 

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

4 the use of a broadcasting station by a legally quali5 fied candidate for Senate who has purchased and 

6 paid for such use. 

7 ‘‘(2) CIRCUMSTANCES BEYOND CONTROL OF LI8 CENSEE.—If a program to be broadcast by a broad9 casting station is preempted because of cir10 cumstances beyond the control of the station, any 

11 candidate or party advertising spot scheduled to be 

12 broadcast during that program shall be treated in 

13 the same fashion as a comparable commercial adver14 tising spot. 

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

16 a primary election and the 60-day period preceding a gen17 eral election, the Commission shall conduct such audits 

18 as it deems necessary to ensure that each broadcaster to 

19 which this section applies is allocating television broadcast 

20 advertising time in accordance with this section and sec21 tion 312.’’. 

22 (c) REVOCATION OF LICENSE FOR FAILURE TO PER23 MIT ACCESS.—Section 312(a)(7) of the Communications 

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

25 (1) by striking ‘‘or repeated’’; 


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1 (2) by inserting ‘‘or cable system’’ after ‘‘broad2 casting station’’; and 

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

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

5 terms, conditions, and business practices as apply to 

6 the most favored advertiser of the licensee’’. 

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

8 Act (47 U.S.C. 315) is amended— 

9 (1) by striking ‘‘the’’ in subsection (e)(1), as re10 designated by subsection (b)(1), and inserting 

11 ‘‘BROADCASTING STATION.—’’; 

12 (2) by striking ‘‘the’’ in subsection (e)(2), as re13 designated by subsection (b)(1), and inserting ‘‘LI14 CENSEE; STATION LICENSEE.—’’; and 

15 (3) by inserting ‘‘REGULATIONS.—’’ in sub16 section (f), as redesignated by subsection (b)(1), be17 fore ‘‘The Commission’’. 

18 SEC. 202. BROADCAST RATES FOR PARTICIPATING CAN19 DIDATES. 

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

21 (47 U.S.C. 315(b)), as amended by subsection (a), is 

22 amended— 

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

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

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


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

2 of a participating candidate (as defined under sec3 tion 501(9) of the Federal Election Campaign Act of 

4 1971), the charges made for the use of any broad5 casting station for a television broadcast shall not 

6 exceed 80 percent of the lowest charge described in 

7 paragraph (1)(A) during— 

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

9 primary or primary runoff election in which the 

10 candidate is opposed; and 

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

12 general or special election in which the can13 didate is opposed. 

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

15 a candidate for Senate a rate card that discloses— 

16 ‘‘(A) the rate charged under this sub17 section; and 

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

19 determine the rate charged under this sub20 section.’’. 

21 SEC. 203. FCC TO PRESCRIBE STANDARDIZED FORM FOR 

22 REPORTING CANDIDATE CAMPAIGN ADS. 

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

24 enactment of this Act, the Federal Communications Com25 mission shall initiate a rulemaking proceeding to establish 


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1 a standardized form to be used by broadcasting stations, 

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

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

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

5 for nomination for election, or for election, to Federal elec6 tive office. 

7 (b) CONTENTS.—The form prescribed by the Com8 mission under subsection (a) shall require, broadcasting 

9 stations to report to the Commission and to the Federal 

10 Election Commission, at a minimum— 

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

12 (2) the name and telephone number of the sta13 tion’s sales manager (or individual with responsi14 bility for advertising sales); 

15 (3) the name of the candidate who purchased 

16 the advertising time, or on whose behalf the adver17 tising time was purchased, and the Federal elective 

18 office for which he or she is a candidate; 

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

20 number of the person responsible for purchasing 

21 broadcast political advertising for the candidate; 

22 (5) notation as to whether the purchase agree23 ment for which the information is being reported is 

24 a draft or final version; and 


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1 (6) the following information about the adver2 tisement: 

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

4 (B) The program in which the advertise5 ment was broadcast. 

6 (C) The length of the broadcast airtime. 

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

8 subsection (a), the Commission shall require any broad9 casting station required to file a report under this section 

10 that maintains an Internet website to make available a 

11 link to such reports on that website. 

12 TITLE III—RESPONSIBILITIES 

13 OF THE FEDERAL ELECTION 

14 COMMISSION 

15 SEC. 301. PETITION FOR CERTIORARI. 

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

17 Act of 1971 (2 U.S.C. 437d(a)(6)) is amended by insert18 ing ‘‘(including a proceeding before the Supreme Court on 

19 certiorari)’’ after ‘‘appeal’’. 

20 SEC. 302. FILING BY SENATE CANDIDATES WITH COMMIS21 SION. 

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

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

24 ‘‘(g) FILING WITH THE COMMISSION.—All des25 ignations, statements, and reports required to be 


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1 filed under this Act shall be filed with the Commis2 sion.’’. 

3 SEC. 303. ELECTRONIC FILING OF FEC REPORTS. 

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

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

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

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

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

9 file such designation, statement, or report in elec10 tronic form accessible by computers.’’; 

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

12 hours’’ and all that follows through ‘‘filed electroni13 cally)’’ and inserting ‘‘24 hours’’; and 

14 (3) by striking subparagraph (D). 

15 TITLE IV—PARTICIPATION IN 

16 FUNDING OF ELECTIONS 

17 SEC. 401. REFUNDABLE TAX CREDIT FOR SENATE CAM18 PAIGN CONTRIBUTIONS. 

19 (a) IN GENERAL.—Subpart C of part IV of sub20 chapter A of chapter 1 of the Internal Revenue Code of 

21 1986 (relating to refundable credits) is amended by insert22 ing after section 36B the following new section: 


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1 ‘‘SEC. 36C. CREDIT FOR SENATE CAMPAIGN CONTRIBU2 TIONS. 

3 ‘‘(a) IN GENERAL.—In the case of an individual, 

4 there shall be allowed as a credit against the tax imposed 

5 by this subtitle an amount equal to 50 percent of the 

6 qualified My Voice Federal Senate campaign contributions 

7 paid or incurred by the taxpayer during the taxable year. 

8 ‘‘(b) LIMITATIONS.— 

9 ‘‘(1) DOLLAR LIMITATION.—The amount of 

10 qualified My Voice Federal Senate campaign con11 tributions taken into account under subsection (a) 

12 for the taxable year shall not exceed $50 (twice such 

13 amount in the case of a joint return). 

14 ‘‘(2) LIMITATION ON CONTRIBUTIONS TO FED15 ERAL SENATE CANDIDATES.—No credit shall be al16 lowed under this section to any taxpayer for any tax17 able year if such taxpayer made aggregate contribu18 tions in excess of $300 during the taxable year to— 

19 ‘‘(A) any single Federal Senate candidate, 

20 or 

21 ‘‘(B) any political committee established 

22 and maintained by a national political party. 

23 ‘‘(3) PROVISION OF INFORMATION.—No credit 

24 shall be allowed under this section to any taxpayer 

25 unless the taxpayer provides the Secretary with such 

26 information as the Secretary may require to verify 


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1 the taxpayer’s eligibility for the credit and the 

2 amount of the credit for the taxpayer. 

3 ‘‘(c) QUALIFIED MY VOICE FEDERAL SENATE CON4 TRIBUTIONS.—For purposes of this section, the term ‘My 

5 Voice Federal Senate campaign contribution’ means any 

6 contribution of cash by an individual to a Federal Senate 

7 candidate or to a political committee established and 

8 maintained by a national political party if such contribu9 tion is not prohibited under the Federal Election Cam10 paign Act of 1971. 

11 ‘‘(d) FEDERAL SENATE CANDIDATE.—For purposes 

12 of this section— 

13 ‘‘(1) IN GENERAL.—The term ‘Federal Senate 

14 candidate’ means any candidate for election to the 

15 office of Senator. 

16 ‘‘(2) TREATMENT OF AUTHORIZED COMMIT17 TEES.—Any contribution made to an authorized 

18 committee of a Federal Senate candidate shall be 

19 treated as made to such candidate. 

20 ‘‘(e) INFLATION ADJUSTMENT.— 

21 ‘‘(1) IN GENERAL.—In the case of a taxable 

22 year beginning after 2017, the $50 amount under 

23 subsection (b)(1) shall be increased by an amount 

24 equal to— 

25 ‘‘(A) such dollar amount, multiplied by 


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1 ‘‘(B) the cost-of-living adjustment deter2 mined under section 1(f)(3) for the calendar 

3 year in which the taxable year begins, deter4 mined by substituting ‘calendar year 2016’ for 

5 ‘calendar year 1992’ in subparagraph (B) 

6 thereof. 

7 ‘‘(2) ROUNDING.—If any amount as adjusted 

8 under subparagraph (A) is not a multiple of $5, 

9 such amount shall be rounded to the nearest mul10 tiple of $5.’’. 

11 (b) CONFORMING AMENDMENTS.— 

12 (1) Section 6211(b)(4)(A) of such Code is 

13 amended by inserting ‘‘36C,’’ after ‘‘36B,’’. 

14 (2) Section 1324(b)(2) of title 31, United 

15 States Code, is amended by inserting ‘‘36C,’’ after 

16 ‘‘36B,’’. 

17 (3) The table of sections for subpart C of part 

18 IV of subchapter A of chapter 1 of the Internal Rev19 enue Code of 1986 is amended by inserting after the 

20 item relating to section 36B the following new item: 

‘‘Sec. 36C. Credit for Senate campaign contributions.’’. 

21 (c) FORMS.—The Secretary of the Treasury, or his 

22 designee, shall ensure that the credit for contributions to 

23 Federal Senate candidates allowed under section 36C of 

24 the Internal Revenue Code of 1986, as added by this sec25 tion, may be claimed on Forms 1040EZ and 1040A. 


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1 (d) ADMINISTRATION.—At the request of the Sec2 retary of the Treasury, the Federal Election Commission 

3 shall provide the Secretary of the Treasury with such in4 formation and other assistance as the Secretary may rea5 sonably require to administer the credit allowed under sec6 tion 36C of the Internal Revenue Code of 1986, as added 

7 by this section. 

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

9 this section shall apply to taxable years beginning after 

10 December 31, 2016. 

11 TITLE V—REVENUE PROVISIONS 

12 SEC. 501. FAIR ELECTIONS FUND REVENUE. 

13 (a) IN GENERAL.—The Internal Revenue Code of 

14 1986 is amended by inserting after chapter 36 the fol15 lowing new chapter: 

16 ‘‘CHAPTER 37—TAX ON PAYMENTS PURSU17 ANT TO CERTAIN GOVERNMENT CON18 TRACTS 

‘‘Sec. 4501. Imposition of tax. 

19 ‘‘SEC. 4501. IMPOSITION OF TAX. 

20 ‘‘(a) TAX IMPOSED.—There is hereby imposed on any 

21 payment made to a qualified person pursuant to a contract 

22 with the Government of the United States a tax equal to 

23 0.50 percent of the amount paid. 


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1 ‘‘(b) LIMITATION.—The aggregate amount of tax im2 posed under subsection (a) for any calendar year shall not 

3 exceed $500,000. 

4 ‘‘(c) QUALIFIED PERSON.—For purposes of this sec5 tion, the term ‘qualified person’ means any person 

6 which— 

7 ‘‘(1) is not a State or local government, a for8 eign nation, or an organization described in section 

9 501(c)(3) which is exempt from taxation under sec10 tion 501(a), and 

11 ‘‘(2) has contracts with the Government of the 

12 United States with a value in excess of $10,000,000. 

13 ‘‘(d) PAYMENT OF TAX.—The tax imposed by this 

14 section shall be paid by the person receiving such payment. 

15 ‘‘(e) USE OF REVENUE GENERATED BY TAX.—It is 

16 the sense of the Senate that amounts equivalent to the 

17 revenue generated by the tax imposed under this chapter 

18 should be appropriated for the financing of a Fair Elec19 tions Fund and used for the public financing of Senate 

20 elections.’’. 

21 (b) CONFORMING AMENDMENT.—The table of chap22 ters of the Internal Revenue Code of 1986 is amended by 

23 inserting after the item relating to chapter 36 the fol24 lowing: 

‘‘CHAPTER 37—TAX ON PAYMENTS PURSUANT TO CERTAIN GOVERNMENT

CONTRACTS’’. 


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

2 this section shall apply to contracts entered into after the 

3 date of the enactment of this Act. 

4 TITLE VI—MISCELLANEOUS 

5 PROVISIONS 

6 SEC. 601. SEVERABILITY. 

7 If any provision of this Act or amendment made by 

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

9 to any person or circumstance, is held to be unconstitu10 tional, the remainder of this Act and amendments made 

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

12 amendment to any person or circumstance, shall not be 

13 affected by the holding. 

14 SEC. 602. EFFECTIVE DATE. 

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

16 and the amendments made by this Act shall take effect 

17 on January 1, 2017. 

Æ 


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