I 

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113TH CONGRESS 

1ST SESSION H. R. 269 

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

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 15, 2013 

Mr. YARMUTH (for himself, Ms. PINGREE of Maine, Mr. NOLAN, Mr. LARSON

of Connecticut, Mr. BLUMENAUER, Mr. CAPUANO, Ms. CHU, Mr. 

CICILLINE, Mr. COHEN, Mr. COOPER, Mrs. DAVIS of California, Mr. 

DEUTCH, Mr. ELLISON, Ms. ESHOO, Mr. GENE GREEN of Texas, Mr. 

GRIJALVA, Mr. HIMES, Mr. HOLT, Ms. EDDIE BERNICE JOHNSON of 

Texas, Mr. LANGEVIN, Mr. JONES, Ms. LEE of California, Mr. MAFFEI, 

Ms. MCCOLLUM, Mr. MCGOVERN, Mr. MICHAUD, Mr. GEORGE MILLER

of California, Mr. MORAN, Ms. NORTON, Mr. PETERS of Michigan, Mr. 

POLIS, Mr. PRICE of North Carolina, Mr. RANGEL, Mr. SARBANES, Ms. 

SCHAKOWSKY, Mr. SIRES, Mr. SMITH of Washington, Mr. TONKO, Ms. 

TSONGAS, Mr. VAN HOLLEN, Mr. WELCH, Ms. SLAUGHTER, Mr. SHERMAN, Ms. DELAURO, Mrs. NAPOLITANO, Mr. OWENS, Mr. MCDERMOTT, 

Ms. MATSUI, Ms. HAHN, Mr. WAXMAN, Mr. O’ROURKE, Ms. WILSON of 

Florida, and Mr. KIND) introduced the following bill; which was referred 

to the Committee on House Administration 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Fair Elections Now Act’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and declarations. 

TITLE I—FAIR ELECTIONS FINANCING OF HOUSE ELECTION 

CAMPAIGNS 

Sec. 101. Benefits and eligibility requirements for House candidates. 

‘‘TITLE V—FAIR ELECTIONS FINANCING OF HOUSE ELECTION 

CAMPAIGNS 

‘‘Subtitle A—Benefits 

‘‘Sec. 501. Benefits for participating candidates. 

‘‘Sec. 502. Allocations from the Fund. 

‘‘Sec. 503. Matching payments for certain small dollar contributions. 

‘‘Subtitle B—Eligibility and Certification 

‘‘Sec. 511. Eligibility. 

‘‘Sec. 512. Qualifying requirements. 

‘‘Sec. 513. Certification. 

‘‘Subtitle C—Requirements for Candidates Certified as Participating 

Candidates 

‘‘Sec. 521. Contribution, expenditure, and fundraising requirements. 

‘‘Sec. 522. Debate requirement. 

‘‘Sec. 523. Remitting unspent funds after election. 

‘‘Subtitle D—Administrative Provisions 

‘‘Sec. 531. Fair Elections Fund. 

‘‘Sec. 532. Fair Elections Oversight Board. 

‘‘Sec. 533. Administration by Commission. 

‘‘Sec. 534. Violations and penalties. 

‘‘Sec. 535. Election cycle defined. 

Sec. 102. Transfer of portion of civil money penalties into Fair Elections Fund. 

Sec. 103. Prohibiting use of contributions by participating candidates for purposes other than campaign for election. 

Sec. 104. Prohibition on joint fundraising committees. 

Sec. 105. Treatment of coordinated expenditures by political party committees 

on behalf of participating candidates. 

TITLE II—RESPONSIBILITIES OF THE FEDERAL ELECTION 

COMMISSION 

Sec. 201. Petition for certiorari. 


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Sec. 202. Filing by all candidates with Commission. 

Sec. 203. Electronic filing of FEC reports. 

TITLE III—MISCELLANEOUS PROVISIONS 

Sec. 301. Severability. 

Sec. 302. Effective date. 

1 SEC. 2. FINDINGS AND DECLARATIONS. 

2 (a) UNDERMINING OF DEMOCRACY BY CAMPAIGN

3 CONTRIBUTIONS FROM PRIVATE SOURCES.—The House 

4 of Representatives finds and declares that the current sys5 tem of privately financed campaigns for election to the 

6 House of Representatives has the capacity, and is often 

7 perceived by the public, to undermine democracy in the 

8 United States by— 

9 (1) creating a culture that fosters actual or per10 ceived conflicts of interest, by encouraging Members 

11 of the House to accept large campaign contributions 

12 from private interests that are directly affected by 

13 Federal legislation; 

14 (2) diminishing or appearing to diminish Mem15 bers’ accountability to constituents by compelling 

16 legislators to be accountable to the major contribu17 tors who finance their election campaigns; 

18 (3) undermining the meaning of the right to 

19 vote by allowing monied interests to have a dis20 proportionate and unfair influence within the polit21 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 Mar 15 2010 01:25 Jan 30, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H269.IH H269

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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 TITLE I—FAIR ELECTIONS FI12 NANCING OF HOUSE ELEC13 TION CAMPAIGNS 

14 SEC. 101. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR 

15 HOUSE CANDIDATES. 

16 The Federal Election Campaign Act of 1971 (2 

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

18 following: 

19 ‘‘TITLE V—FAIR ELECTIONS FI20 NANCING OF HOUSE ELEC21 TION CAMPAIGNS 

22 ‘‘Subtitle A—Benefits 

23 ‘‘SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES. 

24 ‘‘(a) IN GENERAL.—If a candidate for election to the 

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1 missioner to, the Congress is a participating candidate 

2 under this title with respect to an election for such office, 

3 the candidate shall be entitled to payments under this 

4 title, to be used only for authorized expenditures in con5 nection with the election. 

6 ‘‘(b) TYPES OF PAYMENTS.—The payments to which 

7 a participating candidate is entitled under this section 

8 consist of— 

9 ‘‘(1) allocations from the Fair Elections Fund, 

10 as provided in section 502; and 

11 ‘‘(2) payments from the Fair Elections Fund to 

12 match certain small dollar contributions, as provided 

13 in section 503. 

14 ‘‘SEC. 502. ALLOCATIONS FROM THE FUND. 

15 ‘‘(a) AMOUNT OF ALLOCATIONS.— 

16 ‘‘(1) PRIMARY ELECTION ALLOCATION; INITIAL

17 ALLOCATION.—Except as provided in paragraph (6), 

18 the Commission shall make an allocation from the 

19 Fair Elections Fund established under section 531 

20 to a candidate who is certified as a participating 

21 candidate with respect to a primary election in an 

22 amount equal to 40 percent of the base amount. 

23 ‘‘(2) PRIMARY RUNOFF ELECTION ALLOCA24 TION.—The Commission shall make an allocation 

25 from the Fund to a candidate who is certified as a 


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1 participating candidate with respect to a primary 

2 runoff election in an amount equal to 25 percent of 

3 the amount the participating candidate was eligible 

4 to receive under this section for the primary election. 

5 ‘‘(3) GENERAL ELECTION ALLOCATION.—Ex6 cept as provided in paragraph (6), the Commission 

7 shall make an allocation from the Fund to a can8 didate who is certified as a participating candidate 

9 with respect to a general election in an amount 

10 equal to 60 percent of the base amount. 

11 ‘‘(4) GENERAL RUNOFF ELECTION ALLOCA12 TION.—The Commission shall make an allocation 

13 from the Fund to a candidate who is certified as a 

14 participating candidate with respect to a general 

15 runoff election in an amount equal to 25 percent of 

16 the base amount. 

17 ‘‘(5) RECOUNT ALLOCATION.—If the appro18 priate State or local election official conducts a re19 count of an election, the Commission shall make an 

20 allocation from the Fund to a participating can21 didate for expenses relating to the recount in an 

22 amount equal to 25 percent of the amount the par23 ticipating candidate was eligible to receive under this 

24 section for the election involved. 

25 ‘‘(6) UNCONTESTED ELECTIONS.— 


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1 ‘‘(A) IN GENERAL.—In the case of a pri2 mary or general election that is an uncontested 

3 election, the Commission shall make an alloca4 tion from the Fund to a participating candidate 

5 for such election in an amount equal to 25 per6 cent of the allocation for that election with re7 spect to such candidate. 

8 ‘‘(B) UNCONTESTED ELECTION DE9 FINED.—For purposes of this subparagraph, an 

10 election is uncontested if not more than 1 can11 didate has campaign funds (including payments 

12 from the Fund) in an amount equal to or great13 er than 10 percent of the allocation a candidate 

14 would be entitled to receive under this section 

15 for that election (determined without regard to 

16 this paragraph). 

17 ‘‘(b) BASE AMOUNT.—The base amount is an amount 

18 equal to 80 percent of the national average disbursements 

19 of the cycle by winning candidates for the office of Rep20 resentative in, or Delegate or Resident Commissioner to, 

21 the Congress in the last 2 election cycles. 

22 ‘‘(c) TIMING; METHOD OF PAYMENT.— 

23 ‘‘(1) TIMING.—The Commission shall make the 

24 allocations required under subsection (a) to a par25 ticipating candidate— 


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1 ‘‘(A) in the case of amounts provided 

2 under subsection (a)(1), not later than 48 hours 

3 after the date on which such candidate is cer4 tified as a participating candidate under section 

5 513; 

6 ‘‘(B) in the case of a general election, not 

7 later than 48 hours after— 

8 ‘‘(i) the date of the certification of the 

9 results of the primary election or the pri10 mary runoff election; or 

11 ‘‘(ii) in any case in which there is no 

12 primary election, the date the candidate 

13 qualifies to be placed on the ballot; 

14 ‘‘(C) in the case of a primary runoff elec15 tion or a general runoff election, not later than 

16 48 hours after the certification of the results of 

17 the primary election or the general election, as 

18 the case may be; and 

19 ‘‘(D) in the case of a recount allocation, 

20 not later than 48 hours after the appropriate 

21 State or local election official orders the holding 

22 of the recount. 

23 ‘‘(2) METHOD OF PAYMENT.—The Commission 

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1 didates under this section through the use of an 

2 electronic funds exchange or a debit card. 

3 ‘‘SEC. 503. MATCHING PAYMENTS FOR CERTAIN SMALL 

4 DOLLAR CONTRIBUTIONS. 

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

6 each participating candidate an amount equal to 500 per7 cent of the amount of qualified small dollar contributions 

8 received by the candidate from individuals who are resi9 dents of the State in which such participating candidate 

10 is seeking election. 

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

12 this section shall be the greater of— 

13 ‘‘(1) 300 percent of the allocation under para14 graphs (1) through (4) of section 502(a) for that 

15 election with respect to such candidate; or 

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

17 by the Commission under section 532(c)(2). 

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

19 make payments under this section not later than 2 busi20 ness days after the receipt of a report made under sub21 section (d). 

22 ‘‘(d) REPORTS.— 

23 ‘‘(1) IN GENERAL.—Each participating can24 didate shall file reports of receipts of qualified small 


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1 dollar contributions at such times and in such man2 ner as the Commission may by regulations prescribe. 

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

4 under this subsection shall disclose— 

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

6 dollar contribution received by the candidate; 

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

8 dollar contribution received by the candidate 

9 from a resident of the State in which the can10 didate is seeking election; and 

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

12 each individual who made a qualified small dol13 lar contribution to the candidate. 

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

15 this subsection shall be made no more frequently 

16 than— 

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

18 is 90 days before the date of the election; 

19 ‘‘(B) once every week after the period de20 scribed in subparagraph (A) and until the date 

21 that is 21 days before the election; and 

22 ‘‘(C) once every day after the period de23 scribed in subparagraph (B). 

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

25 Commission may not prescribe any regulations with 


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1 respect to reporting under this subsection with re2 spect to any election after the date that is 180 days 

3 before the date of such election. 

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

5 written explanation with respect to any denial of any pay6 ment under this section and shall provide for the oppor7 tunity for review and reconsideration within 5 business 

8 days of such denial. 

9 ‘‘(f) QUALIFIED SMALL DOLLAR CONTRIBUTION DE10 FINED.—The term ‘qualified small dollar contribution’ 

11 means, with respect to a participating candidate, any con12 tribution (or a series of contributions)— 

13 ‘‘(1) which is not a qualifying contribution (or 

14 does not include a qualifying contribution); 

15 ‘‘(2) which is made by an individual who is not 

16 prohibited from making a contribution under this 

17 Act; and 

18 ‘‘(3) the aggregate amount of which does not 

19 exceed the greater of— 

20 ‘‘(A) $100 per election; or 

21 ‘‘(B) the amount determined by the Fair 

22 Elections Oversight Board under section 

23 532(c)(2). 


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1 ‘‘Subtitle B—Eligibility and 

2 Certification 

3 ‘‘SEC. 511. ELIGIBILITY. 

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

5 Representative in, or Delegate or Resident Commissioner 

6 to, the Congress is eligible to be certified as a participating 

7 candidate under this title with respect to an election if 

8 the candidate meets the following requirements: 

9 ‘‘(1) During the election cycle for the office in10 volved, the candidate files with the Commission a 

11 statement of intent to seek certification as a partici12 pating candidate. 

13 ‘‘(2) The candidate meets the qualifying re14 quirements of section 512. 

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

16 Elections qualifying period, the candidate files with 

17 the Commission an affidavit signed by the candidate 

18 and the treasurer of the candidate’s principal cam19 paign committee declaring that the candidate— 

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

21 comply with the contribution and expenditure 

22 requirements of section 521; 

23 ‘‘(B) if certified, will comply with the de24 bate requirements of section 522; 


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1 ‘‘(C) if certified, will run only as a partici2 pating candidate for all elections for the office 

3 that such candidate is seeking during the elec4 tion cycle; and 

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

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

7 ‘‘(b) GENERAL ELECTION.—Notwithstanding sub8 section (a), a candidate shall not be eligible to receive an 

9 allocation from the Fund for a general election or a gen10 eral runoff election unless the candidate’s party nominated 

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

12 election or the candidate is otherwise qualified to be on 

13 the ballot under State law. 

14 ‘‘(c) FAIR ELECTIONS QUALIFYING PERIOD DE15 FINED.—The term ‘Fair Elections qualifying period’ 

16 means, with respect to any candidate for the office of Rep17 resentative in, or Delegate or Resident Commissioner to, 

18 the Congress, the 120-day period (during the election cycle 

19 for such office) which begins on the date on which the 

20 candidate files a statement of intent under section 

21 511(a)(1), except that such period may not continue after 

22 the date that is 60 days before— 

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

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

25 a primary election, the date prescribed by State law 


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1 as the last day to qualify for a position on the gen2 eral election ballot. 

3 ‘‘SEC. 512. QUALIFYING REQUIREMENTS. 

4 ‘‘(a) RECEIPT OF QUALIFYING CONTRIBUTIONS.—A 

5 candidate for the office of Representative in, or Delegate 

6 or Resident Commissioner to, the Congress meets the re7 quirement of this section if, during the Fair Elections 

8 qualifying period described in section 511(c), the can9 didate obtains— 

10 ‘‘(1) a single qualifying contribution from a 

11 number of individuals equal to or greater than the 

12 lesser of— 

13 ‘‘(A) .25% of the voting age population of 

14 the State involved (as reported in the most re15 cent decennial census), or 

16 ‘‘(B) 1,500; and 

17 ‘‘(2) a total dollar amount of qualifying con18 tributions equal to or greater than $50,000. 

19 ‘‘(b) REQUIREMENTS RELATING TO RECEIPT OF

20 QUALIFYING CONTRIBUTION.—Each qualifying contribu21 tion— 

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

23 check, money order, debit card, credit card, or elec24 tronic payment account; 


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1 ‘‘(2) shall be accompanied by a signed state2 ment containing— 

3 ‘‘(A) the contributor’s name and the con4 tributor’s address in the State in which the pri5 mary residence of the contributor is located; 

6 and 

7 ‘‘(B) an oath declaring that the contrib8 utor— 

9 ‘‘(i) understands that the purpose of 

10 the qualifying contribution is to show sup11 port for the candidate so that the can12 didate may qualify for Fair Elections fi13 nancing; 

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

15 or her own name and from his or her own 

16 funds; 

17 ‘‘(iii) has made the contribution will18 ingly; and 

19 ‘‘(iv) has not received any thing of 

20 value in return for the contribution; and 

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

22 sent to the contributor with a copy kept by the can23 didate for the Commission and a copy kept by the 

24 candidate for the election authorities in the State 


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1 with respect to which the candidate is seeking elec2 tion. 

3 ‘‘(c) VERIFICATION OF QUALIFYING CONTRIBU4 TIONS.—The Commission shall establish procedures for 

5 the auditing and verification of qualifying contributions to 

6 ensure that such contributions meet the requirements of 

7 this section. 

8 ‘‘(d) PROHIBITING PAYMENT ON COMMISSION BASIS

9 OF INDIVIDUALS COLLECTING QUALIFYING CONTRIBU10 TIONS.—No person may be paid a commission on a per 

11 qualifying contribution basis for collecting qualifying con12 tributions. 

13 ‘‘(e) QUALIFYING CONTRIBUTION DEFINED.—In this 

14 section, the term ‘qualifying contribution’ means, with re15 spect to a candidate, a contribution that— 

16 ‘‘(1) is in an amount that is— 

17 ‘‘(A) not less than the greater of $5 or the 

18 amount determined by the Commission under 

19 section 532(c)(2), and 

20 ‘‘(B) not more than the greater of $100 or 

21 the amount determined by the Commission 

22 under section 532(c)(2); 

23 ‘‘(2) is made by an individual— 


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1 ‘‘(A) who has a primary residence in the 

2 State in which such Candidate is seeking elec3 tion, and 

4 ‘‘(B) who is not otherwise prohibited from 

5 making a contribution under this Act; 

6 ‘‘(3) is made during the Fair Elections quali7 fying period described in section 511(c); and 

8 ‘‘(4) meets the requirements of subsection (b). 

9 ‘‘SEC. 513. CERTIFICATION. 

10 ‘‘(a) DEADLINE AND NOTIFICATION.— 

11 ‘‘(1) IN GENERAL.—Not later than 5 days after 

12 a candidate files an affidavit under section 

13 511(a)(3), the Commission shall— 

14 ‘‘(A) determine whether or not the can15 didate meets the requirements for certification 

16 as a participating candidate; 

17 ‘‘(B) if the Commission determines that 

18 the candidate meets such requirements, certify 

19 the candidate as a participating candidate; and 

20 ‘‘(C) notify the candidate of the Commis21 sion’s determination. 

22 ‘‘(2) DEEMED CERTIFICATION FOR ALL ELEC23 TIONS IN ELECTION CYCLE.—If the Commission cer24 tifies a candidate as a participating candidate with 

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1 volved, the Commissioner shall be deemed to have 

2 certified the candidate as a participating candidate 

3 with respect to all subsequent elections of the elec4 tion cycle. 

5 ‘‘(b) REVOCATION OF CERTIFICATION.— 

6 ‘‘(1) IN GENERAL.—The Commission may re7 voke a certification under subsection (a) if— 

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

9 on the ballot at any time after the date of cer10 tification (other than a candidate certified as a 

11 participating candidate with respect to a pri12 mary election who fails to qualify to appear on 

13 the ballot for a subsequent election in that elec14 tion cycle); or 

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

16 with the requirements of this title, including 

17 any regulatory requirements prescribed by the 

18 Commission. 

19 ‘‘(2) REPAYMENT OF BENEFITS.—If certifi20 cation is revoked under paragraph (1), the candidate 

21 shall repay to the Fair Elections Fund established 

22 under section 531 an amount equal to the value of 

23 benefits received under this title with respect to the 

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1 mined by the Commission) on any such amount re2 ceived. 

3 ‘‘(c) PARTICIPATING CANDIDATE DEFINED.—In this 

4 title, a ‘participating candidate’ means a candidate for the 

5 office of Representative in, or Delegate or Resident Com6 missioner to, the Congress who is certified under this sec7 tion as eligible to receive benefits under this title. 

8 ‘‘Subtitle C—Requirements for Can9 didates Certified as Partici10 pating Candidates 

11 ‘‘SEC. 521. CONTRIBUTION, EXPENDITURE, AND FUND12 RAISING REQUIREMENTS. 

13 ‘‘(a) CONTRIBUTIONS.— 

14 ‘‘(1) PERMITTED SOURCES OF CONTRIBU15 TIONS.—Except as provided in subsection (c), a can16 didate who is certified as a participating candidate 

17 with respect to an election shall, with respect to all 

18 elections occurring during the election cycle for the 

19 office involved, accept no contributions from any 

20 source (including an unexpended contribution re21 ceived by the candidate with respect to a previous 

22 election or a contribution made by any political com23 mittee or multicandidate committee) other than— 

24 ‘‘(A) qualifying contributions described in 

25 section 512; 


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1 ‘‘(B) qualified small dollar contributions 

2 described in section 503; 

3 ‘‘(C) allocations under section 502; and 

4 ‘‘(D) payments under section 503. 

5 ‘‘(2) CONTRIBUTIONS FOR LEADERSHIP AND

6 RELATED PACS.—A political committee of a partici7 pating candidate which is not an authorized com8 mittee of such candidate may accept contributions 

9 other than contributions described in paragraph (1) 

10 from any person if— 

11 ‘‘(A) the aggregate amount of the con12 tributions from such person for any election 

13 during the election cycle does not exceed $100; 

14 and 

15 ‘‘(B) no portion of such contributions is 

16 disbursed in connection with the campaign of 

17 the participating candidate. 

18 ‘‘(b) EXPENDITURES.— 

19 ‘‘(1) PERMITTED SOURCES FOR EXPENDI20 TURES.—Except as provided in subsection (c), a 

21 candidate who is certified as a participating can22 didate with respect to an election shall, with respect 

23 to all elections occurring during the election cycle for 

24 the office involved— 


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1 ‘‘(A) make no expenditures from any 

2 amounts other than— 

3 ‘‘(i) qualifying contributions described 

4 in section 512; 

5 ‘‘(ii) qualified small dollar contribu6 tions described in section 503; 

7 ‘‘(iii) allocations under section 502; 

8 and 

9 ‘‘(iv) payments under section 503; and 

10 ‘‘(B) make no expenditures from personal 

11 funds or the funds of any immediate family 

12 member of the candidate (other than funds re13 ceived through qualified small dollar contribu14 tions and qualifying contributions). 

15 ‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.— 

16 In paragraph (1)(B), the term ‘immediate family’ 

17 means, with respect to a candidate— 

18 ‘‘(A) the candidate’s spouse; 

19 ‘‘(B) a child, stepchild, parent, grand20 parent, brother, half-brother, sister, or half-sis21 ter of the candidate or the candidate’s spouse; 

22 and 

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

24 subparagraph (B). 

25 ‘‘(c) EXCEPTIONS.— 


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1 ‘‘(1) EXCEPTION FOR CONTRIBUTIONS RE2 CEIVED PRIOR TO FILING OF STATEMENT OF IN3 TENT.—A candidate who has accepted contributions 

4 that are not qualified small dollar contributions, 

5 qualifying contributions, or contributions described 

6 in paragraph (a)(2) prior to the date the candidate 

7 files a statement of intent under section 511(a)(1) 

8 is not in violation of subsection (a), but only if all 

9 such contributions are— 

10 ‘‘(A) returned to the contributor; 

11 ‘‘(B) submitted to the Commission for de12 posit in the Fair Elections Fund established 

13 under section 531; or 

14 ‘‘(C) spent in accordance with paragraph 

15 (2). 

16 ‘‘(2) EXCEPTION FOR EXPENDITURES MADE

17 PRIOR TO FILING OF STATEMENT OF INTENT.—If a 

18 candidate has made expenditures prior to the date 

19 the candidate files a statement of intent under sec20 tion 511(a)(1) that the candidate is prohibited from 

21 making under subsection (b), the candidate is not in 

22 violation of such subsection if the aggregate amount 

23 of the prohibited expenditures is less than 20 per24 cent of the amount of an initial allocation to a can25 didate under section 502(a)(1). 


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1 ‘‘(3) EXCEPTION FOR CAMPAIGN SURPLUSES

2 FROM A PREVIOUS ELECTION.—Notwithstanding 

3 paragraph (1), unexpended contributions received by 

4 the candidate or an authorized committee of the 

5 candidate with respect to a previous election may be 

6 retained, but only if the candidate places the funds 

7 in escrow and refrains from raising additional funds 

8 for or spending funds from that account during the 

9 election cycle in which a candidate is a participating 

10 candidate. 

11 ‘‘(4) EXCEPTION FOR CONTRIBUTIONS RE12 CEIVED BEFORE THE EFFECTIVE DATE OF THIS

13 TITLE.—Contributions received and expenditures 

14 made by the candidate or an authorized committee 

15 of the candidate prior to the effective date of this 

16 title shall not constitute a violation of subsection (a) 

17 or (b). Unexpended contributions shall be treated 

18 the same as campaign surpluses under paragraph 

19 (3), and expenditures made shall count against the 

20 limit in paragraph (2). 

21 ‘‘(d) SPECIAL RULE FOR COORDINATED PARTY EX22 PENDITURES.—For purposes of this section, a payment 

23 made by a political party in coordination with a partici24 pating candidate shall not be treated as a contribution to 

25 or as an expenditure made by the participating candidate. 


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1 ‘‘SEC. 522. DEBATE REQUIREMENT. 

2 ‘‘A candidate who is certified as a participating can3 didate with respect to an election shall, during the election 

4 cycle for the office involved, participate in at least— 

5 ‘‘(1) 1 public debate before the primary election 

6 with other participating candidates and other willing 

7 candidates from the same party and seeking the 

8 same nomination as such candidate; and 

9 ‘‘(2) 2 public debates before the general election 

10 with other participating candidates and other willing 

11 candidates seeking the same office as such can12 didate. 

13 ‘‘SEC. 523. REMITTING UNSPENT FUNDS AFTER ELECTION. 

14 ‘‘(a) IN GENERAL.—Not later than the date that is 

15 60 days after the last election for which a candidate cer16 tified as a participating candidate qualifies to be on the 

17 ballot during the election cycle involved, such participating 

18 candidate shall remit to the Commission for deposit in the 

19 Fair Elections Fund established under section 531 an 

20 amount equal to the lesser of— 

21 ‘‘(1) the amount of money in the candidate’s 

22 campaign account; or 

23 ‘‘(2) the sum of the allocations received by the 

24 candidate under section 502 and the payments re25 ceived by the candidate under section 503. 


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1 ‘‘(b) EXCEPTION FOR EXPENDITURES INCURRED

2 BUT NOT PAID AS OF DATE OF REMITTANCE.— 

3 ‘‘(1) IN GENERAL.—Subject to subsection (a), a 

4 candidate may withhold from the amount required to 

5 be remitted under paragraph (1) of such subsection 

6 the amount of any authorized expenditures which 

7 were incurred in connection with the candidate’s 

8 campaign but which remain unpaid as of the dead9 line applicable to the candidate under such sub10 section, except that any amount withheld pursuant 

11 to this paragraph shall be remitted to the Commis12 sion not later than 120 days after the date of the 

13 election to which such subsection applies. 

14 ‘‘(2) DOCUMENTATION REQUIRED.—A can15 didate may withhold an amount of an expenditure 

16 pursuant to paragraph (1) only if the candidate sub17 mits documentation of the expenditure and the 

18 amount to the Commission not later than the dead19 line applicable to the candidate under subsection (a). 

20 ‘‘Subtitle D—Administrative 

21 Provisions 

22 ‘‘SEC. 531. FAIR ELECTIONS FUND. 

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

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


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

2 consist of the following amounts: 

3 ‘‘(1) APPROPRIATED AMOUNTS.—Amounts ap4 propriated to the Fund, including trust fund 

5 amounts appropriated pursuant to applicable provi6 sions of the Internal Revenue Code of 1986. 

7 ‘‘(2) VOLUNTARY CONTRIBUTIONS.—Voluntary 

8 contributions to the Fund. 

9 ‘‘(3) TRANSFERS RESULTING FROM PAYMENT

10 OF CIVIL PENALTIES.—Amounts transferred into the 

11 Fund pursuant to section 309(a)(13). 

12 ‘‘(4) OTHER DEPOSITS.—Amounts deposited 

13 into the Fund under— 

14 ‘‘(A) section 521(a)(3) (relating to excep15 tions to contribution requirements); 

16 ‘‘(B) section 523 (relating to remittance of 

17 allocations from the Fund); 

18 ‘‘(C) section 534 (relating to violations); 

19 and 

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

21 ‘‘(5) INVESTMENT RETURNS.—Interest on, and 

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

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

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

25 portions of the Fund in obligations of the United States 


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

2 of the Internal Revenue Code of 1986. 

3 ‘‘(d) USE OF FUND.— 

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

5 shall be used to provide benefits to participating 

6 candidates as provided in subtitle A. 

7 ‘‘(2) INSUFFICIENT AMOUNTS.—Under regula8 tions established by the Commission, rules similar to 

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

10 Code of 1986 shall apply. 

11 ‘‘SEC. 532. FAIR ELECTIONS OVERSIGHT BOARD. 

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

13 the Federal Election Commission an entity to be known 

14 as the ‘Fair Elections Oversight Board’. 

15 ‘‘(b) STRUCTURE AND MEMBERSHIP.— 

16 ‘‘(1) IN GENERAL.—The Board shall be com17 posed of 5 members appointed by the President, of 

18 whom— 

19 ‘‘(A) 2 shall be appointed after consulta20 tion with the Majority Leader of the House of 

21 Representatives; 

22 ‘‘(B) 2 shall be appointed after consulta23 tion with the Minority Leader of the House of 

24 Representatives; and 


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1 ‘‘(C) 1 shall be appointed upon the rec2 ommendation of the members appointed under 

3 subparagraphs (A) and (B). 

4 ‘‘(2) QUALIFICATIONS.— 

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

6 individuals who are nonpartisan and, by reason 

7 of their education, experience, and attainments, 

8 exceptionally qualified to perform the duties of 

9 members of the Board. 

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

11 Board may be— 

12 ‘‘(i) an employee of the Federal Gov13 ernment; 

14 ‘‘(ii) a registered lobbyist or an indi15 vidual who was a registered lobbyist at any 

16 time during the 2-year period preceding 

17 appointment to the Board; or 

18 ‘‘(iii) an officer or employee of a polit19 ical party or political campaign. 

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

21 appointed not later than 60 days after the date of 

22 the enactment of this Act. 

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

24 appointed for a term of 5 years. 


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

2 shall be filled not later than 30 calendar days after 

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

4 vacancy, in the same manner as the original ap5 pointment. The individual appointed to fill the va6 cancy shall serve only for the unexpired portion of 

7 the term for which the individual’s predecessor was 

8 appointed. 

9 ‘‘(6) CHAIRPERSON.—The Board shall des10 ignate a Chairperson from among the members of 

11 the Board. 

12 ‘‘(c) DUTIES AND POWERS.— 

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

14 such duties and powers as the Commission may pre15 scribe, including the power to administer the provi16 sions of this title. 

17 ‘‘(2) REVIEW OF FAIR ELECTIONS FINANC18 ING.— 

19 ‘‘(A) IN GENERAL.—After each regularly 

20 scheduled general election for Federal office, 

21 the Board shall conduct a comprehensive review 

22 of the Fair Elections financing program under 

23 this title, including— 


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1 ‘‘(i) the maximum dollar amount of 

2 qualified small dollar contributions under 

3 section 503(f); 

4 ‘‘(ii) the maximum and minimum dol5 lar amounts for qualifying contributions 

6 under section 512(d); 

7 ‘‘(iii) the number and value of quali8 fying contributions a candidate is required 

9 to obtain under section 512(a) to be eligi10 ble for certification as a participating can11 didate; 

12 ‘‘(iv) the amount of allocations that 

13 candidates may receive under section 502; 

14 ‘‘(v) the maximum amount of pay15 ments a candidate may receive under sec16 tion 503; 

17 ‘‘(vi) the overall satisfaction of partici18 pating candidates and the American public 

19 with the program; and 

20 ‘‘(vii) such other matters relating to 

21 financing of House of Representatives 

22 campaigns as the Board determines are 

23 appropriate. 


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1 ‘‘(B) CRITERIA FOR REVIEW.—In con2 ducting the review under subparagraph (A), the 

3 Board shall consider the following: 

4 ‘‘(i) QUALIFYING CONTRIBUTIONS

5 AND QUALIFIED SMALL DOLLAR CON6 TRIBUTIONS.—The Board shall consider 

7 whether the number and dollar amount of 

8 qualifying contributions required and max9 imum dollar amount for such qualifying 

10 contributions and qualified small dollar 

11 contributions strikes a balance regarding 

12 the importance of voter involvement, the 

13 need to assure adequate incentives for par14 ticipating, and fiscal responsibility, taking 

15 into consideration the number of primary 

16 and general election participating can17 didates, the electoral performance of those 

18 candidates, program cost, and any other 

19 information the Board determines is ap20 propriate. 

21 ‘‘(ii) REVIEW OF PROGRAM BENE22 FITS.—The Board shall consider whether 

23 the totality of the amount of funds allowed 

24 to be raised by participating candidates 

25 (including through qualifying contributions 


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1 and small dollar contributions), allocations 

2 under section 502, and payments under 

3 section 503 are sufficient for voters in each 

4 State to learn about the candidates to cast 

5 an informed vote, taking into account the 

6 historic amount of spending by winning 

7 candidates, media costs, primary election 

8 dates, and any other information the 

9 Board determines is appropriate. 

10 ‘‘(C) ADJUSTMENT OF AMOUNTS.— 

11 ‘‘(i) IN GENERAL.—Based on the re12 view conducted under subparagraph (A), 

13 the Board shall provide for the adjust14 ments of the following amounts: 

15 ‘‘(I) the maximum dollar amount 

16 of qualified small dollar contributions 

17 under section 503(f); 

18 ‘‘(II) the maximum and min19 imum dollar amounts for qualifying 

20 contributions under section 512(d); 

21 ‘‘(III) the number and value of 

22 qualifying contributions a candidate is 

23 required to obtain under section 

24 512(a) to be eligible for certification 

25 as a participating candidate; 


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1 ‘‘(IV) the base amount for can2 didates under section 502(b); and 

3 ‘‘(V) the maximum amount of 

4 matching contributions a candidate 

5 may receive under section 503(b). 

6 ‘‘(ii) REGULATIONS.—The Commis7 sion shall promulgate regulations providing 

8 for the adjustments made by the Board 

9 under clause (i). 

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

11 following any general election for Federal office, 

12 the Board shall submit a report to Congress on 

13 the review conducted under paragraph (1). 

14 Such report shall contain a detailed statement 

15 of the findings, conclusions, and recommenda16 tions of the Board based on such review. 

17 ‘‘(d) MEETINGS AND HEARINGS.— 

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

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

20 such testimony, and receive such evidence as the 

21 Board considers advisable to carry out the purposes 

22 of this Act. 

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

24 shall constitute a quorum for purposes of voting, but 


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1 a quorum is not required for members to meet and 

2 hold hearings. 

3 ‘‘(e) REPORTS.—Not later than March 30, 2014, and 

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

5 Committee on House Administration of the House of Rep6 resentatives a report documenting, evaluating, and making 

7 recommendations relating to the administrative implemen8 tation and enforcement of the provisions of this title. 

9 ‘‘(f) ADMINISTRATION.— 

10 ‘‘(1) COMPENSATION OF MEMBERS.— 

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

12 than the Chairperson, shall be paid at a rate 

13 equal to the daily equivalent of the minimum 

14 annual rate of basic pay prescribed for level IV 

15 of the Executive Schedule under section 5315 

16 of title 5, United States Code. 

17 ‘‘(B) CHAIRPERSON.—The Chairperson 

18 shall be paid at a rate equal to the daily equiva19 lent of the minimum annual rate of basic pay 

20 prescribed for level III of the Executive Sched21 ule under section 5314 of title 5, United States 

22 Code. 

23 ‘‘(2) PERSONNEL.— 

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

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1 ecutive Director shall be paid at a rate equiva2 lent to a rate established for the Senior Execu3 tive Service under section 5382 of title 5, 

4 United States Code. 

5 ‘‘(B) STAFF APPOINTMENT.—With the ap6 proval of the Chairperson, the Executive Direc7 tor may appoint such personnel as the Execu8 tive Director and the Board determines to be 

9 appropriate. 

10 ‘‘(C) EXPERTS AND CONSULTANTS.—With 

11 the approval of the Chairperson, the Executive 

12 Director may procure temporary and intermit13 tent services under section 3109(b) of title 5, 

14 United States Code. 

15 ‘‘(D) DETAIL OF GOVERNMENT EMPLOY16 EES.—Upon the request of the Chairperson, the 

17 head of any Federal agency may detail, without 

18 reimbursement, any of the personnel of such 

19 agency to the Board to assist in carrying out 

20 the duties of the Board. Any such detail shall 

21 not interrupt or otherwise affect the civil service 

22 status or privileges of the Federal employee. 

23 ‘‘(E) OTHER RESOURCES.—The Board 

24 shall have reasonable access to materials, re25 sources, statistical data, and other information 


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1 from the Library of Congress and other agen2 cies of the executive and legislative branches of 

3 the Federal Government. The Chairperson of 

4 the Board shall make requests for such access 

5 in writing when necessary. 

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

7 are authorized to be appropriated such sums as are nec8 essary to carry out the purposes of this subtitle. 

9 ‘‘SEC. 533. ADMINISTRATION BY COMMISSION. 

10 ‘‘The Commission shall prescribe regulations to carry 

11 out the purposes of this title, including regulations— 

12 ‘‘(1) to establish procedures for— 

13 ‘‘(A) verifying the amount of valid quali14 fying contributions with respect to a candidate; 

15 ‘‘(B) effectively and efficiently monitoring 

16 and enforcing the limits on the raising of quali17 fied small dollar contributions; 

18 ‘‘(C) effectively and efficiently monitoring 

19 and enforcing the limits on the use of personal 

20 funds by participating candidates; and 

21 ‘‘(D) monitoring the use of allocations 

22 from the Fair Elections Fund established under 

23 section 531 and matching contributions under 

this title through audits of not fewer than 1 24 ⁄3 of 


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1 all participating candidates or other mecha2 nisms; and 

3 ‘‘(2) regarding the conduct of debates in a man4 ner consistent with the best practices of States that 

5 provide public financing for elections. 

6 ‘‘SEC. 534. VIOLATIONS AND PENALTIES. 

7 ‘‘(a) CIVIL PENALTY FOR VIOLATION OF CONTRIBU8 TION AND EXPENDITURE REQUIREMENTS.—If a can9 didate who has been certified as a participating candidate 

10 accepts a contribution or makes an expenditure that is 

11 prohibited under section 521, the Commission shall assess 

12 a civil penalty against the candidate in an amount that 

13 is not more than 3 times the amount of the contribution 

14 or expenditure. Any amounts collected under this sub15 section shall be deposited into the Fair Elections Fund 

16 established under section 531. 

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

18 ELECTIONS FUND.— 

19 ‘‘(1) IN GENERAL.—If the Commission deter20 mines that any benefit made available to a partici21 pating candidate was not used as provided for in 

22 this title or that a participating candidate has vio23 lated any of the dates for remission of funds con24 tained in this title, the Commission shall so notify 


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1 the candidate and the candidate shall pay to the 

2 Fund an amount equal to— 

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

4 remitted, as appropriate; and 

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

6 rate determined by the Commission). 

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

8 action by the Commission in accordance with this 

9 subsection shall not preclude enforcement pro10 ceedings by the Commission in accordance with sec11 tion 309(a), including a referral by the Commission 

12 to the Attorney General in the case of an apparent 

13 knowing and willful violation of this title. 

14 ‘‘SEC. 535. ELECTION CYCLE DEFINED. 

15 ‘‘In this title, the term ‘election cycle’ means, with 

16 respect to an election for the office of Representative in, 

17 or Delegate or Resident Commissioner to, the Congress, 

18 the period beginning on the day after the date of the most 

19 recent general election for that office (or, if the general 

20 election resulted in a runoff election, the date of the runoff 

21 election) and ending on the date of the next general elec22 tion for that office (or, if the general election resulted in 

23 a runoff election, the date of the runoff election).’’. 


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1 SEC. 102. TRANSFER OF PORTION OF CIVIL MONEY PEN2 ALTIES INTO FAIR ELECTIONS FUND. 

3 Section 309(a) of the Federal Election Campaign Act 

4 of 1971 (2 U.S.C. 437g(a)) is amended by adding at the 

5 end the following new paragraph: 

6 ‘‘(13) Upon receipt in the General Fund of the Treas7 ury of any payment attributable to a civil money penalty 

8 imposed under this subsection, there shall be transferred 

9 to the Fair Elections Fund established under section 531 

10 an amount equal to 50 percent of the amount of such pay11 ment.’’. 

12 SEC. 103. PROHIBITING USE OF CONTRIBUTIONS BY PAR13 TICIPATING CANDIDATES FOR PURPOSES 

14 OTHER THAN CAMPAIGN FOR ELECTION. 

15 Section 313 of the Federal Election Campaign Act 

16 of 1971 (2 U.S.C. 439a) is amended by adding at the end 

17 the following new subsection: 

18 ‘‘(d) RESTRICTIONS ON PERMITTED USES OF FUNDS

19 BY CANDIDATES RECEIVING FAIR ELECTIONS FINANC20 ING.—Notwithstanding paragraphs (2), (3), or (4) of sub21 section (a), if a candidate for election for the office of Rep22 resentative in, or Delegate or Resident Commissioner to, 

23 the Congress is certified as a participating candidate 

24 under title V with respect to the election, any contribution 

25 which the candidate is permitted to accept under such title 


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1 may be used only for authorized expenditures in connec2 tion with the candidate’s campaign for such office.’’. 

3 SEC. 104. PROHIBITION ON JOINT FUNDRAISING COMMIT4 TEES. 

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

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

7 end the following new paragraph: 

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

9 may establish a joint fundraising committee with a 

10 political committee other than an authorized com11 mittee of a candidate.’’. 

12 SEC. 105. TREATMENT OF COORDINATED EXPENDITURES 

13 BY POLITICAL PARTY COMMITTEES ON BE14 HALF OF PARTICIPATING CANDIDATES. 

15 (a) REVISION OF LIMITATIONS.—Section 315(d)(3) 

16 of the Federal Election Campaign Act of 1971 (2 U.S.C. 

17 441a(d)) is amended— 

18 (1) by redesignating subparagraphs (A) and 

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

20 (2) by inserting before subparagraph (B), as re21 designated by paragraph (1), the following new sub22 paragraph: 

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

24 to the office of Representative in, or Delegate 

25 or Resident Commissioner to, the Congress who 


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1 is certified as a participating candidate under 

2 title V, the lesser of— 

3 ‘‘(i) 10 percent of the allocation that 

4 the participating candidate is eligible to re5 ceive for the general election under section 

6 502(a); or 

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

8 this subparagraph) apply with respect to 

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

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

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

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

13 subsection (a)), by inserting ‘‘who is not certified as 

14 a participating candidate under title V’’ after ‘‘only 

15 one Representative’’; and 

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

17 subsection (a)), by inserting ‘‘who is not certified as 

18 a participating candidate under title V’’ after ‘‘any 

19 other State’’. 

20 TITLE II—RESPONSIBILITIES OF 

21 THE FEDERAL ELECTION 

22 COMMISSION 

23 SEC. 201. PETITION FOR CERTIORARI. 

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

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1 ing ‘‘(including a proceeding before the Supreme Court on 

2 certiorari)’’ after ‘‘appeal’’. 

3 SEC. 202. FILING BY ALL CANDIDATES WITH COMMISSION. 

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

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

6 ‘‘(g) FILING WITH THE COMMISSION.—All des7 ignations, statements, and reports required to be 

8 filed under this Act shall be filed with the Commis9 sion.’’. 

10 SEC. 203. ELECTRONIC FILING OF FEC REPORTS. 

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

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

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

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

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

16 file such designation, statement, or report in elec17 tronic form accessible by computers.’’; 

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

19 hours’’ and all that follows through ‘‘filed electroni20 cally)’’ and inserting ‘‘24 hours’’; and 

21 (3) by striking subparagraph (D). 


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1 TITLE III—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 301. SEVERABILITY. 

4 If any provision of this Act or amendment made by 

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

6 to any person or circumstance, is held to be unconstitu7 tional, the remainder of this Act and amendments made 

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

9 amendment to any person or circumstance, shall not be 

10 affected by the holding. 

11 SEC. 302. EFFECTIVE DATE. 

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

13 and the amendments made by this Act shall take effect 

14 on January 1, 2014. 

Æ 


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