II 

115TH CONGRESS 

1ST SESSION S. 1640 

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

IN THE SENATE OF THE UNITED STATES 

JULY 26, 2017 

Mr. DURBIN (for himself, Ms. BALDWIN, Mr. BENNET, Mr. BLUMENTHAL, 

Mr. BOOKER, Mr. COONS, Ms. DUCKWORTH, Mr. FRANKEN, Mrs. GILLIBRAND, Mr. HEINRICH, Ms. HIRONO, Ms. KLOBUCHAR, Mr. LEAHY, Mr. 

MARKEY, Mr. MENENDEZ, Mr. MERKLEY, Mr. MURPHY, Mrs. MURRAY, 

Mr. PETERS, Mr. SANDERS, Mr. SCHATZ, Mrs. SHAHEEN, Mr. UDALL, 

Mr. VAN HOLLEN, 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. 


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TITLE I—FAIR ELECTIONS FINANCING OF SENATE ELECTION 

CAMPAIGNS 

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 fiVerDate Sep 11 2014 03:51 Aug 03, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1640.IS S1640

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1 nanced campaigns for election to the United States Senate 

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

3 undermine democracy in the United States by— 

4 (1) creating a culture that fosters actual or per5 ceived conflicts of interest by encouraging Senators 

6 to accept large campaign contributions from private 

7 interests that are directly affected by Federal legis8 lation; 

9 (2) diminishing or appearing to diminish Sen10 ators’ accountability to constituents by compelling 

11 legislators to be accountable to the major contribu12 tors who finance their election campaigns; 

13 (3) undermining the meaning of the right to 

14 vote by allowing monied interests to have a dis15 proportionate and unfair influence within the polit16 ical process; 

17 (4) imposing large, unwarranted costs on tax18 payers through legislative and regulatory distortions 

19 caused by unequal access to lawmakers for campaign 

20 contributors; 

21 (5) making it difficult for some qualified can22 didates to mount competitive Senate election cam23 paigns; 

24 (6) disadvantaging challengers and discouraging 

25 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 (52 

5 U.S.C. 30101 et seq.) is amended by adding at the end 

6 the 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 ‘‘(12) QUALIFYING MULTICANDIDATE POLIT5 ICAL COMMITTEE CONTRIBUTION.— 

6 ‘‘(A) IN GENERAL.—The term ‘qualifying 

7 multicandidate political committee contribution’ 

8 means any contribution to a candidate that is 

9 made from a qualified account of a multi10 candidate political committee (within the mean11 ing of section 315(a)(2)). 

12 ‘‘(B) QUALIFIED ACCOUNT.—For purposes 

13 of subparagraph (A), the term ‘qualified ac14 count’ means, with respect to a multicandidate 

15 political committee, a separate, segregated ac16 count of the committee that consists solely of 

17 contributions which meet the following require18 ments: 

19 ‘‘(i) All contributions to such account 

20 are made by individuals who are not pro21 hibited from making contributions under 

22 this Act. 

23 ‘‘(ii) The aggregate amount of con24 tributions from each individual to such ac25 count and all other accounts of the politVerDate Sep 11 2014 03:51 Aug 03, 2017 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1640.IS S1640

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1 ical committee do not exceed the amount 

2 described in paragraph (11)(C). 

3 ‘‘SEC. 502. FAIR ELECTIONS FUND. 

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

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

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

7 consist of the following amounts: 

8 ‘‘(1) APPROPRIATED AMOUNTS.— 

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

10 to the Fund. 

11 ‘‘(B) SENSE OF THE SENATE REGARDING

12 APPROPRIATIONS.—It is the sense of the Senate 

13 that— 

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

15 payment made to any person (other than a 

16 State or local government or a foreign na17 tion) who has a contract with the Govern18 ment of the United States in excess of 

19 $10,000,000 a tax equal to 0.50 percent of 

20 amount paid pursuant to each contract, ex21 cept that the aggregate tax on each con22 tract for any taxable year shall not exceed 

23 $500,000; and 

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

25 be appropriated to the Fund. 


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1 ‘‘(2) VOLUNTARY CONTRIBUTIONS.—Voluntary 

2 contributions to the Fund. 

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

4 into the Fund under— 

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

6 to contribution requirements); 

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

8 of allocations from the Fund); 

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

10 and 

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

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

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

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

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

16 portions of the Fund in obligations of the United States 

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

18 of the Internal Revenue Code of 1986. 

19 ‘‘(d) USE OF FUND.— 

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

21 shall be used to provide benefits to participating 

22 candidates as provided in subtitle C. 

23 ‘‘(2) INSUFFICIENT AMOUNTS.—Under regula24 tions established by the Commission, rules similar to 


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

2 Code shall apply. 

3 ‘‘Subtitle B—Eligibility and 

4 Certification 

5 ‘‘SEC. 511. ELIGIBILITY. 

6 ‘‘(a) IN GENERAL.—A candidate for Senator is eligi7 ble to receive an allocation from the Fund for any election 

8 if the candidate meets the following requirements: 

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

10 statement of intent to seek certification as a partici11 pating candidate under this title during the period 

12 beginning on the Fair Elections start date and end13 ing on the last day of the Fair Elections qualifying 

14 period. 

15 ‘‘(2) The candidate meets the qualifying con16 tribution requirements of section 512. 

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

18 Elections qualifying period, the candidate files with 

19 the Commission an affidavit signed by the candidate 

20 and the treasurer of the candidate’s principal cam21 paign committee declaring that the candidate— 

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

23 comply with the contribution and expenditure 

24 requirements of section 513; 


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1 ‘‘(B) if certified, will comply with the de2 bate requirements of section 514; 

3 ‘‘(C) if certified, will not run as a non4 participating candidate during such year in any 

5 election for the office that such candidate is 

6 seeking; and 

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

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

9 ‘‘(b) GENERAL ELECTION.—Notwithstanding sub10 section (a), a candidate shall not be eligible to receive an 

11 allocation from the Fund for a general election or a gen12 eral runoff election unless the candidate’s party nominated 

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

14 election or the candidate otherwise qualified to be on the 

15 ballot under State law. 

16 ‘‘SEC. 512. QUALIFYING CONTRIBUTION REQUIREMENT. 

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

18 the requirement of this section if, during the Fair Elec19 tions qualifying period, the candidate obtains— 

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

21 to the greater of— 

22 ‘‘(A) the sum of— 

23 ‘‘(i) 2,000; plus 


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1 ‘‘(ii) 500 for each congressional dis2 trict in the State with respect to which the 

3 candidate is seeking election; or 

4 ‘‘(B) the amount determined by the Com5 mission under section 531; and 

6 ‘‘(2) a total dollar amount of qualifying con7 tributions equal to the greater of— 

8 ‘‘(A) 10 percent of the amount of the allo9 cation such candidate would be entitled to re10 ceive for the primary election under section 

11 522(c)(1) (determined without regard to para12 graph (5) thereof) if such candidate were a par13 ticipating candidate; or 

14 ‘‘(B) the amount determined by the Com15 mission under section 531. 

16 ‘‘(b) REQUIREMENTS RELATING TO RECEIPT OF

17 QUALIFYING CONTRIBUTION.—Each qualifying contribu18 tion— 

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

20 check, money order, debit card, credit card, or elec21 tronic payment account; 

22 ‘‘(2) shall be accompanied by a signed state23 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) qualifying multicandidate political 

14 committee contributions; 

15 ‘‘(D) allocations from the Fund under sec16 tion 522; 

17 ‘‘(E) matching contributions under section 

18 523; and 

19 ‘‘(F) vouchers provided to the candidate 

20 under section 524; 

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

22 other than from— 

23 ‘‘(A) qualifying contributions; 

24 ‘‘(B) qualified small dollar contributions; 


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1 ‘‘(C) qualifying multicandidate political 

2 committee contributions; 

3 ‘‘(D) allocations from the Fund under sec4 tion 522; 

5 ‘‘(E) matching contributions under section 

6 523; and 

7 ‘‘(F) vouchers provided to the candidate 

8 under section 524; and 

9 ‘‘(3) makes no expenditures from personal 

10 funds or the funds of any immediate family member 

11 (other than funds received through qualified small 

12 dollar contributions and qualifying contributions). 

13 For purposes of this subsection, a payment made by a po14 litical party in coordination with a participating candidate 

15 shall not be treated as a contribution to or as an expendi16 ture made by the participating candidate. 

17 ‘‘(b) CONTRIBUTIONS FOR LEADERSHIP PACS, 

18 ETC.—A political committee of a participating candidate 

19 which is not an authorized committee of such candidate 

20 may accept contributions other than contributions de21 scribed in subsection (a)(1) from any person if— 

22 ‘‘(1) the aggregate contributions from such per23 son for any calendar year do not exceed $150; and 


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1 ‘‘(2) no portion of such contributions is dis2 bursed in connection with the campaign of the par3 ticipating candidate. 

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

5 candidate shall not be treated as having failed to meet 

6 the requirements of this section if any contributions that 

7 are not qualified small dollar contributions, qualifying con8 tributions, qualifying multicandidate political committee 

9 contributions, or contributions that meet the requirements 

10 of subsection (b) and that are accepted before the date 

11 the candidate files a statement of intent under section 

12 511(a)(1) are— 

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

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

15 the Fund. 

16 ‘‘SEC. 514. DEBATE REQUIREMENT. 

17 ‘‘A candidate for Senator meets the requirements of 

18 this section if the candidate participates in at least— 

19 ‘‘(1) 1 public debate before the primary election 

20 with other participating candidates and other willing 

21 candidates from the same party and seeking the 

22 same nomination as such candidate; and 

23 ‘‘(2) 2 public debates before the general election 

24 with other participating candidates and other willing 


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1 candidates seeking the same office as such can2 didate. 

3 ‘‘SEC. 515. CERTIFICATION. 

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

5 candidate for Senator files an affidavit under section 

6 511(a)(3), the Commission shall— 

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

8 participating candidate; and 

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

10 determination. 

11 ‘‘(b) REVOCATION OF CERTIFICATION.— 

12 ‘‘(1) IN GENERAL.—The Commission may re13 voke a certification under subsection (a) if— 

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

15 on the ballot at any time after the date of cer16 tification; or 

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

18 with the requirements of this title, including 

19 any regulatory requirements prescribed by the 

20 Commission. 

21 ‘‘(2) REPAYMENT OF BENEFITS.—If certifi22 cation is revoked under paragraph (1), the candidate 

23 shall repay to the Fund an amount equal to the 

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1 est (at a rate determined by the Commission) on any 

2 such amount received. 

3 ‘‘Subtitle C—Benefits 

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

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

6 to which a candidate is certified as a participating can7 didate, such candidate shall be entitled to— 

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

9 obligate to make expenditures with respect to such 

10 election, as provided in section 522; 

11 ‘‘(2) matching contributions, as provided in sec12 tion 523; and 

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

14 broadcasts of political advertisements, as provided in 

15 section 524. 

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

17 THE FUND.—Allocations from the Fund received by a par18 ticipating candidate under section 522 and matching con19 tributions under section 523 may only be used for cam20 paign-related costs. 

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

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

23 that is 45 days after an election in which the partici24 pating candidate appeared on the ballot, such par25 ticipating candidate shall remit to the Commission 


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1 for deposit in the Fund an amount equal to the less2 er of— 

3 ‘‘(A) the amount of money in the can4 didate’s campaign account; or 

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

6 Fund received by the candidate under section 

7 522 and the matching contributions received by 

8 the candidate under section 523. 

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

10 who qualifies to be on the ballot for a primary run11 off election, a general election, or a general runoff 

12 election, the amounts described in paragraph (1) 

13 may be retained by the candidate and used in such 

14 subsequent election. 

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

16 ‘‘(a) IN GENERAL.—The Commission shall make allo17 cations from the Fund under section 521(a)(1) to a par18 ticipating candidate— 

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

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

21 date on which such candidate is certified as a par22 ticipating candidate under section 515; 

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

24 than 48 hours after— 


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1 ‘‘(A) the date of the certification of the re2 sults of the primary election or the primary 

3 runoff election; or 

4 ‘‘(B) in any case in which there is no pri5 mary election, the date the candidate qualifies 

6 to be placed on the ballot; and 

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

8 a general runoff election, not later than 48 hours 

9 after the certification of the results of the primary 

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

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

12 distribute funds available to participating candidates 

13 under this section through the use of an electronic funds 

14 exchange or a debit card. 

15 ‘‘(c) AMOUNTS.— 

16 ‘‘(1) PRIMARY ELECTION ALLOCATION; INITIAL

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

18 the Commission shall make an allocation from the 

19 Fund for a primary election to a participating can20 didate in an amount equal to 67 percent of the base 

21 amount with respect to such participating candidate. 

22 ‘‘(2) PRIMARY RUNOFF ELECTION ALLOCA23 TION.—The Commission shall make an allocation 

24 from the Fund for a primary runoff election to a 

25 participating candidate in an amount equal to 25 


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1 percent of the amount the participating candidate 

2 was eligible to receive under this section for the pri3 mary election. 

4 ‘‘(3) GENERAL ELECTION ALLOCATION.—Ex5 cept as provided in paragraph (5), the Commission 

6 shall make an allocation from the Fund for a gen7 eral election to a participating candidate in an 

8 amount equal to the base amount with respect to 

9 such candidate. 

10 ‘‘(4) GENERAL RUNOFF ELECTION ALLOCA11 TION.—The Commission shall make an allocation 

12 from the Fund for a general runoff election to a par13 ticipating candidate in an amount equal to 25 per14 cent of the base amount with respect to such can15 didate. 

16 ‘‘(5) UNCONTESTED ELECTIONS.— 

17 ‘‘(A) IN GENERAL.—In the case of a pri18 mary or general election that is an uncontested 

19 election, the Commission shall make an alloca20 tion from the Fund to a participating candidate 

21 for such election in an amount equal to 25 per22 cent of the allocation which such candidate 

23 would be entitled to under this section for such 

24 election if this paragraph did not apply. 


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1 ‘‘(B) UNCONTESTED ELECTION DE2 FINED.—For purposes of this subparagraph, an 

3 election is uncontested if not more than 1 can4 didate has campaign funds (including payments 

5 from the Fund) in an amount equal to or great6 er than 10 percent of the allocation a partici7 pating candidate would be entitled to receive 

8 under this section for such election if this para9 graph did not apply. 

10 ‘‘(d) BASE AMOUNT.— 

11 ‘‘(1) IN GENERAL.—Except as otherwise pro12 vided in this subsection, the base amount for any 

13 candidate is an amount equal to the greater of— 

14 ‘‘(A) the sum of— 

15 ‘‘(i) $750,000; plus 

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

17 district in the State with respect to which 

18 the candidate is seeking election; or 

19 ‘‘(B) the amount determined by the Com20 mission under section 531. 

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

22 after 2021— 

23 ‘‘(A) each dollar amount under paragraph 

24 (1)(A) shall be increased by the percent dif25 ference between the price index (as defined in 


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1 section 315(c)(2)(A)) for the 12 months pre2 ceding the beginning of such calendar year and 

3 the price index for calendar year 2020; 

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

5 remain in effect for the 2-year period beginning 

6 on the first day following the date of the last 

7 general election in the year preceding the year 

8 in which the amount is increased and ending on 

9 the date of the next general election; and 

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

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

12 such amount shall be rounded to the nearest 

13 multiple of $100. 

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

15 DOLLAR CONTRIBUTIONS. 

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

17 each participating candidate an amount equal to 600 per18 cent of the amount of qualified small dollar contributions 

19 received by the candidate from individuals who are resi20 dents of the State in which such participating candidate 

21 is seeking election after the date on which such candidate 

22 is certified under section 515. 

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

24 subsection (a) with respect to any candidate shall not ex25 ceed the greater of— 


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1 ‘‘(1) 400 percent of the allocation such can2 didate is entitled to receive for such election under 

3 section 522 (determined without regard to sub4 section (c)(5) thereof); or 

5 ‘‘(2) the percentage of such allocation deter6 mined by the Commission under section 531. 

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

8 make payments under this section not later than 2 busi9 ness days after the receipt of a report made under sub10 section (d). 

11 ‘‘(d) REPORTS.— 

12 ‘‘(1) IN GENERAL.—Each participating can13 didate shall file reports of receipts of qualified small 

14 dollar contributions at such times and in such man15 ner as the Commission may by regulations prescribe. 

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

17 under this subsection shall disclose— 

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

19 dollar contribution received by the candidate; 

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

21 dollar contribution received by the candidate 

22 from a resident of the State in which the can23 didate is seeking election; and 


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

2 each individual who made a qualified small dol3 lar contribution to the candidate. 

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

5 this subsection shall be made no more frequently 

6 than— 

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

8 is 90 days before the date of the election; 

9 ‘‘(B) once every week after the period de10 scribed in subparagraph (A) and until the date 

11 that is 21 days before the election; and 

12 ‘‘(C) once every day after the period de13 scribed in subparagraph (B). 

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

15 Commission may not prescribe any regulations with 

16 respect to reporting under this subsection with re17 spect to any election after the date that is 180 days 

18 before the date of such election. 

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

20 written explanation with respect to any denial of any pay21 ment under this section and shall provide the opportunity 

22 for review and reconsideration within 5 business days of 

23 such denial. 


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1 ‘‘SEC. 524. POLITICAL ADVERTISING VOUCHERS. 

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

3 and administer a voucher program for the purchase of 

4 airtime on broadcasting stations for political advertise5 ments in accordance with the provisions of this section. 

6 ‘‘(b) CANDIDATES.—The Commission shall only dis7 burse vouchers under the program established under sub8 section (a) to participants certified pursuant to section 

9 515 who have agreed in writing to keep and furnish to 

10 the Commission such records, books, and other informa11 tion as it may require. 

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

13 vouchers to each candidate certified under subsection (b) 

14 in an aggregate amount equal to the greater of— 

15 ‘‘(1) $100,000 multiplied by the number of con16 gressional districts in the State with respect to 

17 which such candidate is running for office; or 

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

19 under section 531. 

20 ‘‘(d) USE.— 

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

22 the Commission under this section may be used only 

23 for the purchase of broadcast airtime for political 

24 advertisements relating to a general election for the 

25 office of Senate by the participating candidate to 

26 which the vouchers were disbursed, except that— 


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1 ‘‘(A) a candidate may exchange vouchers 

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

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

4 only to purchase broadcast airtime for political 

5 advertisements for generic party advertising (as 

6 defined by the Commission in regulations), to 

7 support candidates for State or local office in a 

8 general election, or to support participating 

9 candidates of the party in a general election for 

10 Federal office, but only if it discloses the value 

11 of the voucher used as an expenditure under 

12 section 315(d). 

13 ‘‘(2) EXCHANGE WITH POLITICAL PARTY COM14 MITTEE.— 

15 ‘‘(A) IN GENERAL.—A participating can16 didate who receives a voucher under this section 

17 may transfer the right to use all or a portion 

18 of the value of the voucher to a committee of 

19 the political party of which the individual is a 

20 candidate (or, in the case of a participating 

21 candidate who is not a member of any political 

22 party, to a committee of the political party of 

23 that candidate’s choice) in exchange for money 

24 in an amount equal to the cash value of the 

25 voucher or portion exchanged. 


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1 ‘‘(B) CONTINUATION OF CANDIDATE OBLI2 GATIONS.—The transfer of a voucher, in whole 

3 or in part, to a political party committee under 

4 this paragraph does not release the candidate 

5 from any obligation under the agreement made 

6 under subsection (b) or otherwise modify that 

7 agreement or its application to that candidate. 

8 ‘‘(C) PARTY COMMITTEE OBLIGATIONS.— 

9 Any political party committee to which a vouch10 er or portion thereof is transferred under sub11 paragraph (A)— 

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

13 with such requirements as the Commission 

14 may establish, for the receipt of the vouch15 er; and 

16 ‘‘(ii) may not use the transferred 

17 voucher or portion thereof for any purpose 

18 other than a purpose described in para19 graph (1)(B). 

20 ‘‘(D) VOUCHER AS A CONTRIBUTION

21 UNDER FECA.—If a candidate transfers a 

22 voucher or any portion thereof to a political 

23 party committee under subparagraph (A)— 

24 ‘‘(i) the value of the voucher or por25 tion thereof transferred shall be treated as 


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1 a contribution from the candidate to the 

2 committee, and from the committee to the 

3 candidate, for purposes of sections 302 

4 and 304; 

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

6 provide to the candidate only funds subject 

7 to the prohibitions, limitations, and report8 ing requirements of title III of this Act; 

9 and 

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

11 ‘voucher exchange’, shall not be considered 

12 a contribution for the purposes of sections 

13 315 and 513. 

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

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

16 the Commission under this section shall have a value 

17 in dollars, redeemable upon presentation to the 

18 Commission, together with such documentation and 

19 other information as the Commission may require, 

20 for the purchase of broadcast airtime for political 

21 advertisements in accordance with this section. 

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

23 shall accept vouchers in payment for the purchase of 

24 broadcast airtime for political advertisements in ac25 cordance with this section. 


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1 ‘‘(3) REDEMPTION.—The Commission shall re2 deem vouchers accepted by broadcasting stations 

3 under paragraph (2) upon presentation, subject to 

4 such documentation, verification, accounting, and 

5 application requirements as the Commission may im6 pose to ensure the accuracy and integrity of the 

7 voucher redemption system. 

8 ‘‘(4) EXPIRATION.— 

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

10 be used to pay for broadcast airtime for polit11 ical advertisements to be broadcast before mid12 night on the day before the date of the Federal 

13 election in connection with which it was issued 

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

15 purpose. 

16 ‘‘(B) EXCEPTION FOR POLITICAL PARTY

17 COMMITTEES.—A voucher held by a political 

18 party committee may be used to pay for broad19 cast airtime for political advertisements to be 

20 broadcast before midnight on December 31st of 

21 the odd-numbered year following the year in 

22 which the voucher was issued by the Commis23 sion. 

24 ‘‘(5) VOUCHER AS EXPENDITURE UNDER

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


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1 airtime constitutes an expenditure as defined in sec2 tion 301(9)(A). 

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

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

5 ‘broadcasting station’ has the meaning given that 

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

7 Act of 1934. 

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

9 party’ means a major party or a minor party as de10 fined in section 9002 (3) or (4) of the Internal Rev11 enue Code of 1986 (26 U.S.C. 9002 (3) or (4)). 

12 ‘‘Subtitle D—Administrative 

13 Provisions 

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

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

16 the Federal Election Commission an entity to be known 

17 as the ‘Fair Elections Oversight Board’. 

18 ‘‘(b) STRUCTURE AND MEMBERSHIP.— 

19 ‘‘(1) IN GENERAL.—The Board shall be com20 posed of 5 members appointed by the President by 

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

22 whom— 

23 ‘‘(A) 2 shall be appointed after consulta24 tion with the majority leader of the Senate; 


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1 ‘‘(B) 2 shall be appointed after consulta2 tion with the minority leader of the Senate; and 

3 ‘‘(C) 1 shall be appointed upon the rec4 ommendation of the members appointed under 

5 subparagraphs (A) and (B). 

6 ‘‘(2) QUALIFICATIONS.— 

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

8 individuals who are nonpartisan and, by reason 

9 of their education, experience, and attainments, 

10 exceptionally qualified to perform the duties of 

11 members of the Board. 

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

13 Board may be— 

14 ‘‘(i) an employee of the Federal Gov15 ernment; 

16 ‘‘(ii) a registered lobbyist; or 

17 ‘‘(iii) an officer or employee of a polit18 ical party or political campaign. 

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

20 appointed not later than 60 days after the date of 

21 the enactment of this Act. 

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

23 appointed for a term of 5 years. 

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

25 shall be filled not later than 30 calendar days after 


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

2 vacancy, in the same manner as the original ap3 pointment. The individual appointed to fill the va4 cancy shall serve only for the unexpired portion of 

5 the term for which the individual’s predecessor was 

6 appointed. 

7 ‘‘(6) CHAIRPERSON.—The Board shall des8 ignate a Chairperson from among the members of 

9 the Board. 

10 ‘‘(c) DUTIES AND POWERS.— 

11 ‘‘(1) ADMINISTRATION.— 

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

13 such duties and powers as the Commission may 

14 prescribe, including the power to administer the 

15 provisions of this title. 

16 ‘‘(2) REVIEW OF FAIR ELECTIONS FINANC17 ING.— 

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

19 election for Federal office, the Board shall con20 duct a comprehensive review of the Fair Elec21 tions financing program under this title, includ22 ing— 

23 ‘‘(i) the maximum dollar amount of 

24 qualified small dollar contributions under 

25 section 501(11); 


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1 ‘‘(ii) the maximum and minimum dol2 lar amounts for qualifying contributions 

3 under section 501(10); 

4 ‘‘(iii) the number and value of quali5 fying contributions a candidate is required 

6 to obtain under section 512 to qualify for 

7 allocations from the Fund; 

8 ‘‘(iv) the amount of allocations from 

9 the Fund that candidates may receive 

10 under section 522; 

11 ‘‘(v) the maximum amount of match12 ing contributions a candidate may receive 

13 under section 523; 

14 ‘‘(vi) the amount and usage of vouch15 ers under section 524; 

16 ‘‘(vii) the overall satisfaction of par17 ticipating candidates and the American 

18 public with the program; and 

19 ‘‘(viii) such other matters relating to 

20 financing of Senate campaigns as the 

21 Board determines are appropriate. 

22 ‘‘(B) CRITERIA FOR REVIEW.—In con23 ducting the review under subparagraph (A), the 

24 Board shall consider the following: 


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1 ‘‘(i) QUALIFYING CONTRIBUTIONS

2 AND QUALIFIED SMALL DOLLAR CON3 TRIBUTIONS.—The Board shall consider 

4 whether the number and dollar amount of 

5 qualifying contributions required and max6 imum dollar amount for such qualifying 

7 contributions and qualified small dollar 

8 contributions strikes a balance regarding 

9 the importance of voter involvement, the 

10 need to assure adequate incentives for par11 ticipating, and fiscal responsibility, taking 

12 into consideration the number of primary 

13 and general election participating can14 didates, the electoral performance of those 

15 candidates, program cost, and any other 

16 information the Board determines is ap17 propriate. 

18 ‘‘(ii) REVIEW OF PROGRAM BENE19 FITS.—The Board shall consider whether 

20 the totality of the amount of funds allowed 

21 to be raised by participating candidates 

22 (including through qualifying contributions 

23 and small dollar contributions), allocations 

24 from the Fund under section 522, match25 ing contributions under section 523, and 


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1 vouchers under section 524 are sufficient 

2 for voters in each State to learn about the 

3 candidates to cast an informed vote, taking 

4 into account the historic amount of spend5 ing by winning candidates, media costs, 

6 primary election dates, and any other in7 formation the Board determines is appro8 priate. 

9 ‘‘(C) ADJUSTMENT OF AMOUNTS.— 

10 ‘‘(i) IN GENERAL.—Based on the re11 view conducted under subparagraph (A), 

12 the Board shall provide for the adjust13 ments of the following amounts: 

14 ‘‘(I) The maximum dollar 

15 amount of qualified small dollar con16 tributions under section 501(11)(C). 

17 ‘‘(II) The maximum and min18 imum dollar amounts for qualifying 

19 contributions under section 

20 501(10)(A). 

21 ‘‘(III) The number and value of 

22 qualifying contributions a candidate is 

23 required to obtain under section 

24 512(a)(1). 


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1 ‘‘(IV) The base amount for can2 didates under section 522(d). 

3 ‘‘(V) The maximum amount of 

4 matching contributions a candidate 

5 may receive under section 523(b). 

6 ‘‘(VI) The dollar amount for 

7 vouchers under section 524(c). 

8 ‘‘(ii) REGULATIONS.—The Commis9 sion shall promulgate regulations providing 

10 for the adjustments made by the Board 

11 under clause (i). 

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

13 following any general election for Federal office, 

14 the Board shall submit a report to Congress on 

15 the review conducted under paragraph (1). 

16 Such report shall contain a detailed statement 

17 of the findings, conclusions, and recommenda18 tions of the Board based on such review. 

19 ‘‘(d) MEETINGS AND HEARINGS.— 

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

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

22 such testimony, and receive such evidence as the 

23 Board considers advisable to carry out the purposes 

24 of this Act. 


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

2 shall constitute a quorum for purposes of voting, but 

3 a quorum is not required for members to meet and 

4 hold hearings. 

5 ‘‘(e) REPORTS.—Not later than March 30, 2019, and 

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

7 Senate Committee on Rules and Administration a report 

8 documenting, evaluating, and making recommendations 

9 relating to the administrative implementation and enforce10 ment of the provisions of this title. 

11 ‘‘(f) ADMINISTRATION.— 

12 ‘‘(1) COMPENSATION OF MEMBERS.— 

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

14 than the Chairperson, shall be paid at a rate 

15 equal to the daily equivalent of the minimum 

16 annual rate of basic pay prescribed for level IV 

17 of the Executive Schedule under section 5315 

18 of title 5, United States Code. 

19 ‘‘(B) CHAIRPERSON.—The Chairperson 

20 shall be paid at a rate equal to the daily equiva21 lent of the minimum annual rate of basic pay 

22 prescribed for level III of the Executive Sched23 ule under section 5314 of title 5, United States 

24 Code. 

25 ‘‘(2) PERSONNEL.— 


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

2 staff headed by an Executive Director. The Ex3 ecutive Director shall be paid at a rate equiva4 lent to a rate established for the Senior Execu5 tive Service under section 5382 of title 5, 

6 United States Code. 

7 ‘‘(B) STAFF APPOINTMENT.—With the ap8 proval of the Chairperson, the Executive Direc9 tor may appoint such personnel as the Execu10 tive Director and the Board determines to be 

11 appropriate. 

12 ‘‘(C) ACTUARIAL EXPERTS AND CONSULT13 ANTS.—With the approval of the Chairperson, 

14 the Executive Director may procure temporary 

15 and intermittent services under section 3109(b) 

16 of title 5, United States Code. 

17 ‘‘(D) DETAIL OF GOVERNMENT EMPLOY18 EES.—Upon the request of the Chairperson, the 

19 head of any Federal agency may detail, without 

20 reimbursement, any of the personnel of such 

21 agency to the Board to assist in carrying out 

22 the duties of the Board. Any such detail shall 

23 not interrupt or otherwise affect the civil service 

24 status or privileges of the Federal employee. 


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1 ‘‘(E) OTHER RESOURCES.—The Board 

2 shall have reasonable access to materials, re3 sources, statistical data, and other information 

4 from the Library of Congress and other agen5 cies of the executive and legislative branches of 

6 the Federal Government. The Chairperson of 

7 the Board shall make requests for such access 

8 in writing when necessary. 

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

10 are authorized to be appropriated such sums as are nec11 essary to carry out the purposes of this subtitle. 

12 ‘‘SEC. 532. ADMINISTRATION PROVISIONS. 

13 ‘‘The Commission shall prescribe regulations to carry 

14 out the purposes of this title, including regulations— 

15 ‘‘(1) to establish procedures for— 

16 ‘‘(A) verifying the amount of valid quali17 fying contributions with respect to a candidate; 

18 ‘‘(B) effectively and efficiently monitoring 

19 and enforcing the limits on the raising of quali20 fied small dollar contributions; 

21 ‘‘(C) monitoring the raising of qualifying 

22 multicandidate political committee contributions 

23 through effectively and efficiently monitoring 

24 and enforcing the limits on individual contribuVerDate Sep 11 2014 03:51 Aug 03, 2017 Jkt 069200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1640.IS S1640

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1 tions to qualified accounts of multicandidate po2 litical committees; 

3 ‘‘(D) effectively and efficiently monitoring 

4 and enforcing the limits on the use of personal 

5 funds by participating candidates; 

6 ‘‘(E) monitoring the use of allocations 

7 from the Fund and matching contributions 

8 under this title through audits or other mecha9 nisms; and 

10 ‘‘(F) the administration of the voucher 

11 program under section 524; and 

12 ‘‘(2) regarding the conduct of debates in a man13 ner consistent with the best practices of States that 

14 provide public financing for elections. 

15 ‘‘SEC. 533. VIOLATIONS AND PENALTIES. 

16 ‘‘(a) CIVIL PENALTY FOR VIOLATION OF CONTRIBU17 TION AND EXPENDITURE REQUIREMENTS.—If a can18 didate who has been certified as a participating candidate 

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

20 expenditure that is prohibited under section 513, the Com21 mission shall assess a civil penalty against the candidate 

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

23 of the contribution or expenditure. Any amounts collected 

24 under this subsection shall be deposited into the Fund. 


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

2 ELECTIONS FUND.— 

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

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

8 funds contained in this title, the Commission shall 

9 so notify the candidate and the candidate shall pay 

10 to the Fund an amount equal to— 

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

12 remitted, as appropriate; and 

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

14 rate determined by the Commission). 

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

16 action by the Commission in accordance with this 

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

20 to the Attorney General in the case of an apparent 

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


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

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

4 of 1971 (52 U.S.C. 30102(e)) is amended by adding at 

5 the end the following new paragraph: 

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

7 candidate (as defined in section 501) may establish 

8 a joint fundraising committee with a political com9 mittee other than an authorized committee of a can10 didate.’’. 

11 SEC. 104. EXCEPTION TO LIMITATION ON COORDINATED 

12 EXPENDITURES BY POLITICAL PARTY COM13 MITTEES WITH PARTICIPATING CANDIDATES. 

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

15 of 1971 (52 U.S.C. 30116(d)) is amended— 

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

17 case of’’ and inserting ‘‘except as provided in para18 graph (5), in the case of’’; and 

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

20 paragraph: 

21 ‘‘(6)(A) The limitation under paragraph (3)(A) shall 

22 not apply with respect to any expenditure from a qualified 

23 political party-participating candidate coordinated expend24 iture fund. 

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

26 party-participating candidate coordinated expenditure 


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1 fund’ means a fund established by the national committee 

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

3 party, including any subordinate committee of a State 

4 committee, for purposes of making expenditures in connec5 tion with the general election campaign of a candidate for 

6 election to the office of Senator who is a participating can7 didate (as defined in section 501), that only accepts quali8 fied coordinated expenditure contributions. 

9 ‘‘(C) In this paragraph, the term ‘qualified coordi10 nated expenditure contribution’ means, with respect to the 

11 general election campaign of a candidate for election to 

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

13 defined in section 501), any contribution (or series of con14 tributions)— 

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

16 prohibited from making a contribution under this 

17 Act; and 

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

19 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)(1) of the Communications Act of 

7 1934 (47 U.S.C. 315(b)(1)) is amended— 

8 (1) in the matter preceding subparagraph (A), 

9 by striking ‘‘to such office’’ and inserting the fol10 lowing: ‘‘to such office, or by a national committee 

11 of a political party on behalf of such candidate in 

12 connection with such campaign,’’; and 

13 (2) in subparagraph (A), by inserting ‘‘for 

14 preemptible use thereof’’ after ‘‘station’’. 

15 (b) PREEMPTION; AUDITS.—Section 315 of the Com16 munications Act of 1934 (47 U.S.C. 315) is amended— 

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

18 subsections (f) and (g), 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 or primary runoff election and the 60-day pe17 riod preceding a general or special election, the Commis18 sion shall conduct such audits as it deems necessary to 

19 ensure that each licensee to which this section applies is 

20 allocating television broadcast advertising time in accord21 ance with this section and section 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) TECHNICAL AND CONFORMING AMENDMENTS.— 

8 Section 315 of the Communications Act of 1934 (47 

9 U.S.C. 315) is amended— 

10 (1) in subsection (f), as redesignated by sub11 section (b)(1)— 

12 (A) in the matter preceding paragraph (1), 

13 by striking ‘‘For purposes of this section—’’ 

14 and inserting the following: ‘‘DEFINITIONS.— 

15 For purposes of this section:’’; 

16 (B) in paragraph (1)— 

17 (i) by striking ‘‘the term’’ and insert18 ing ‘‘BROADCASTING STATION.—The 

19 term’’; and 

20 (ii) by striking ‘‘; and’’ and inserting 

21 a period; and 

22 (C) in paragraph (2), by striking ‘‘the 

23 terms’’ and inserting ‘‘LICENSEE; STATION LI24 CENSEE.—The terms’’; and 


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1 (2) in subsection (g), as redesignated by sub2 section (b)(1), by striking ‘‘The Commission’’ and 

3 inserting ‘‘REGULATIONS.—The Commission’’. 

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

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

7 (47 U.S.C. 315(b)), as amended by section 201, is amend8 ed— 

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

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

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

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

13 of a participating candidate (as defined in section 

14 501(9) of the Federal Election Campaign Act of 

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

17 exceed 80 percent of the lowest charge described in 

18 paragraph (1)(A) during— 

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

20 primary or primary runoff election in which the 

21 candidate is opposed; and 

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

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


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

2 a candidate for Senate a rate card that discloses— 

3 ‘‘(A) the rate charged under this sub4 section; and 

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

6 determine the rate charged under this sub7 section.’’. 

8 SEC. 203. FCC TO PRESCRIBE STANDARDIZED FORM FOR 

9 REPORTING CANDIDATE CAMPAIGN ADS. 

10 (a) IN GENERAL.—Not later than 90 days after the 

11 date of enactment of this Act, the Federal Communica12 tions Commission shall initiate a rulemaking proceeding 

13 to establish a standardized form to be used by each broad14 casting station, as defined in section 315(f) of the Com15 munications Act of 1934 (47 U.S.C. 315(f)) (as redesig16 nated by section 201(b)(1)), to record and report the pur17 chase of advertising time by or on behalf of a candidate 

18 for nomination for election, or for election, to Federal elec19 tive office. 

20 (b) CONTENTS.—The form prescribed by the Federal 

21 Communications Commission under subsection (a) shall 

22 require a broadcasting station to report to the Federal 

23 Communications Commission and to the Federal Election 

24 Commission, at a minimum— 

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


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

4 (3) the name of the candidate who purchased 

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

7 office for which he or she is a candidate; 

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

9 number of the person responsible for purchasing 

10 broadcast political advertising for the candidate; 

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

13 a draft or final version; and 

14 (6) with respect to the advertisement— 

15 (A) the date and time of the broadcast; 

16 (B) the program in which the advertise17 ment was broadcast; and 

18 (C) the length of the broadcast airtime. 

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

20 subsection (a), the Federal Communications Commission 

21 shall require any broadcasting station required to file a 

22 report under this section that maintains an Internet 

23 website to make available a link to each such report on 

24 that website. 


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1 TITLE III—RESPONSIBILITIES 

2 OF THE FEDERAL ELECTION 

3 COMMISSION 

4 SEC. 301. PETITION FOR CERTIORARI. 

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

6 Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by in7 serting ‘‘(including a proceeding before the Supreme 

8 Court on certiorari)’’ after ‘‘appeal’’. 

9 SEC. 302. FILING BY SENATE CANDIDATES WITH COMMIS10 SION. 

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

12 of 1971 (52 U.S.C. 30102(g)) is amended to read as fol13 lows: 

14 ‘‘(g) FILING WITH THE COMMISSION.—All des15 ignations, statements, and reports required to be 

16 filed under this Act shall be filed with the Commis17 sion.’’. 

18 SEC. 303. ELECTRONIC FILING OF FEC REPORTS. 

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

20 Act of 1971 (52 U.S.C. 30104(a)(11)) is amended— 

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

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

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

24 file such designation, statement, or report in elec25 tronic form accessible by computers.’’; 


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

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

4 (3) by striking subparagraph (D). 

5 TITLE IV—PARTICIPATION IN 

6 FUNDING OF ELECTIONS 

7 SEC. 401. REFUNDABLE TAX CREDIT FOR SENATE CAM8 PAIGN CONTRIBUTIONS. 

9 (a) IN GENERAL.—Subpart C of part IV of sub10 chapter A of chapter 1 of the Internal Revenue Code of 

11 1986 (relating to refundable credits) is amended by insert12 ing after section 36B the following new section: 

13 ‘‘SEC. 36C. CREDIT FOR SENATE CAMPAIGN CONTRIBU14 TIONS. 

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

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

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

18 qualified My Voice Federal Senate campaign contributions 

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

20 ‘‘(b) LIMITATIONS.— 

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

22 qualified My Voice Federal Senate campaign con23 tributions taken into account under subsection (a) 

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

25 amount in the case of a joint return). 


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1 ‘‘(2) LIMITATION ON CONTRIBUTIONS TO FED2 ERAL SENATE CANDIDATES.—No credit shall be al3 lowed under this section to any taxpayer for any tax4 able year if such taxpayer made aggregate contribu5 tions in excess of $300 during the taxable year to— 

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

7 or 

8 ‘‘(B) any political committee established 

9 and maintained by a national political party. 

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

11 shall be allowed under this section to any taxpayer 

12 unless the taxpayer provides the Secretary with such 

13 information as the Secretary may require to verify 

14 the taxpayer’s eligibility for the credit and the 

15 amount of the credit for the taxpayer. 

16 ‘‘(c) QUALIFIED MY VOICE FEDERAL SENATE CON17 TRIBUTIONS.—For purposes of this section, the term ‘My 

18 Voice Federal Senate campaign contribution’ means any 

19 contribution of cash by an individual to a Federal Senate 

20 candidate or to a political committee established and 

21 maintained by a national political party if such contribu22 tion is not prohibited under the Federal Election Cam23 paign Act of 1971. 

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

25 of this section— 


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

2 candidate’ means any candidate for election to the 

3 office of Senator. 

4 ‘‘(2) TREATMENT OF AUTHORIZED COMMIT5 TEES.—Any contribution made to an authorized 

6 committee of a Federal Senate candidate shall be 

7 treated as made to such candidate. 

8 ‘‘(e) INFLATION ADJUSTMENT.— 

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

10 year beginning after 2019, the $50 amount under 

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

12 equal to— 

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

14 ‘‘(B) the cost-of-living adjustment deter15 mined under section 1(f)(3) for the calendar 

16 year in which the taxable year begins, deter17 mined by substituting ‘calendar year 2018’ for 

18 ‘calendar year 1992’ in subparagraph (B) 

19 thereof. 

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

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

22 such amount shall be rounded to the nearest mul23 tiple of $5.’’. 

24 (b) CONFORMING AMENDMENTS.— 


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

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

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

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

5 ‘‘36B,’’. 

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

7 IV of subchapter A of chapter 1 of the Internal Rev8 enue Code of 1986 is amended by inserting after the 

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

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

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

11 designee, shall ensure that the credit for contributions to 

12 Federal Senate candidates allowed under section 36C of 

13 the Internal Revenue Code of 1986, as added by this sec14 tion, may be claimed on Forms 1040EZ and 1040A. 

15 (d) ADMINISTRATION.—At the request of the Sec16 retary of the Treasury, the Federal Election Commission 

17 shall provide the Secretary of the Treasury with such in18 formation and other assistance as the Secretary may rea19 sonably require to administer the credit allowed under sec20 tion 36C of the Internal Revenue Code of 1986, as added 

21 by this section. 

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

23 this section shall apply to taxable years beginning after 

24 December 31, 2018. 


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1 TITLE V—REVENUE PROVISIONS 

2 SEC. 501. FAIR ELECTIONS FUND REVENUE. 

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

4 1986 is amended by inserting after chapter 36 the fol5 lowing new chapter: 

6 ‘‘CHAPTER 37—TAX ON PAYMENTS PURSU7 ANT TO CERTAIN GOVERNMENT CON8 TRACTS 

‘‘Sec. 4501. Imposition of tax. 

9 ‘‘SEC. 4501. IMPOSITION OF TAX. 

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

11 payment made to a qualified person pursuant to a contract 

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

13 0.50 percent of the amount paid. 

14 ‘‘(b) LIMITATION.—The aggregate amount of tax im15 posed per contract under subsection (a) for any calendar 

16 year shall not exceed $500,000. 

17 ‘‘(c) QUALIFIED PERSON.—For purposes of this sec18 tion, the term ‘qualified person’ means any person 

19 which— 

20 ‘‘(1) is not a State or local government, a for21 eign nation, or an organization described in section 

22 501(c)(3) which is exempt from taxation under sec23 tion 501(a), and 


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1 ‘‘(2) has a contract with the Government of the 

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

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

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

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

6 the sense of the Senate that amounts equivalent to the 

7 revenue generated by the tax imposed under this chapter 

8 should be appropriated for the financing of a Fair Elec9 tions Fund and used for the public financing of Senate 

10 elections.’’. 

11 (b) CONFORMING AMENDMENT.—The table of chap12 ters of the Internal Revenue Code of 1986 is amended by 

13 inserting after the item relating to chapter 36 the fol14 lowing: 

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

CONTRACTS’’. 

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

16 this section shall apply to contracts entered into after the 

17 date of the enactment of this Act. 

18 TITLE VI—MISCELLANEOUS 

19 PROVISIONS 

20 SEC. 601. SEVERABILITY. 

21 If any provision of this Act or amendment made by 

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

23 to any person or circumstance, is held to be unconstitu24 tional, the remainder of this Act and amendments made 


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

2 amendment to any person or circumstance, shall not be 

3 affected by the holding. 

4 SEC. 602. EFFECTIVE DATE. 

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

6 and the amendments made by this Act shall take effect 

7 on January 1, 2019. 

Æ 


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