I 

109TH CONGRESS 

2D SESSION H. R. 5374 

To amend the Federal Election Campaign Act of 1971 to ban soft money, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2006 

Mr. LINDER introduced the following bill; which was referred to the 

Committee on House Administration 

A BILL 

To amend the Federal Election Campaign Act of 1971 to 

ban soft money, 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. 

4 This Act may be cited as the ‘‘Ban it All, Ban it Now 

5 Act’’. 


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1 SEC. 2. EXPANSION OF CURRENT BAN ON USE OF SOFT 

2 MONEY BY POLITICAL PARTIES AND CAN3 DIDATES. 

4 (a) IN GENERAL.—Section 323 of the Federal Elec5 tion Campaign Act of 1971 (2 U.S.C. 441i) is amended 

6 to read as follows: 

7 ‘‘SEC. 323. SOFT MONEY OF POLITICAL PARTIES. 

8 ‘‘(a) NATIONAL COMMITTEES.— 

9 ‘‘(1) IN GENERAL.—A national committee of a 

10 political party (including a national congressional or 

11 Senatorial campaign committee of a political party) 

12 may not solicit, receive, or direct to another person 

13 a contribution, donation, or transfer of funds or any 

14 other thing of value, or spend any funds, that are 

15 not subject to the limitations, prohibitions, and re16 porting requirements of this Act. 

17 ‘‘(2) APPLICABILITY.—The prohibition estab18 lished by paragraph (1) applies— 

19 ‘‘(A) to any such national committee, any 

20 officer or agent acting on behalf of such a na21 tional committee, and any entity that is directly 

22 or indirectly established, financed, maintained, 

23 or controlled by such a national committee; and 

24 ‘‘(B) to all activities of such committee and 

25 the persons described in subparagraph (A), in26 cluding the construction or purchase of an ofVerDate Aug 31 2005 23:47 May 13, 2006 Jkt 049196 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5374.IH H5374

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1 fice building or facility, the influencing of the 

2 reapportionment decisions of a State, and the 

3 financing of litigation relating to the reappor4 tionment decisions of a State. 

5 ‘‘(b) STATE, DISTRICT, AND LOCAL COMMITTEES.— 

6 Any amount that is expended or disbursed for Federal 

7 election activity by a State, district, or local committee of 

8 a political party (including an entity that is directly or 

9 indirectly established, financed, maintained, or controlled 

10 by a State, district, or local committee of a political party 

11 and an officer or agent acting on behalf of such committee 

12 or entity), or by an association or similar group of can13 didates for State or local office or individuals holding 

14 State or local office, shall be made from funds subject to 

15 the limitations, prohibitions, and reporting requirements 

16 of this Act. 

17 ‘‘(c) FUNDRAISING COSTS.—An amount spent by a 

18 person described in subsection (a) or (b) to raise funds 

19 that are used, in whole or in part, for expenditures and 

20 disbursements for a Federal election activity shall be made 

21 from funds subject to the limitations, prohibitions, and re22 porting requirements of this Act. 

23 ‘‘(d) TAX-EXEMPT ORGANIZATIONS.—A national, 

24 State, district, or local committee of a political party (in25 cluding a national congressional or Senatorial campaign 


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1 committee of a political party), an entity that is directly 

2 or indirectly established, financed, maintained, or con3 trolled by any such national, State, district, or local com4 mittee or its agent, and an officer or agent acting on be5 half of any such party committee or entity, shall not solicit 

6 any funds for, or make or direct any donations to— 

7 ‘‘(1) an organization that is described in section 

8 501(c) of the Internal Revenue Code of 1986 and 

9 exempt from taxation under section 501(a) of such 

10 Code (or has submitted an application for deter11 mination of tax exempt status under such section) 

12 and that makes expenditures or disbursements in 

13 connection with an election for Federal office (in14 cluding expenditures or disbursements for Federal 

15 election activity); or 

16 ‘‘(2) an organization described in section 527 of 

17 such Code (other than a political committee, a State, 

18 district, or local committee of a political party, or 

19 the authorized campaign committee of a candidate 

20 for State or local office). 

21 ‘‘(e) FEDERAL CANDIDATES.— 

22 ‘‘(1) IN GENERAL.—A candidate, individual 

23 holding Federal office, agent of a candidate or an in24 dividual holding Federal office, or an entity directly 

25 or indirectly established, financed, maintained or 


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1 controlled by or acting on behalf of 1 or more can2 didates or individuals holding Federal office, shall 

3 not— 

4 ‘‘(A) solicit, receive, direct, transfer, or 

5 spend funds in connection with an election for 

6 Federal office, including funds for any Federal 

7 election activity, unless the funds are subject to 

8 the limitations, prohibitions, and reporting re9 quirements of this Act; or 

10 ‘‘(B) solicit, receive, direct, transfer, or 

11 spend funds in connection with any election 

12 other than an election for Federal office or dis13 burse funds in connection with such an election 

14 unless the funds— 

15 ‘‘(i) are not in excess of the amounts 

16 permitted with respect to contributions to 

17 candidates and political committees under 

18 paragraphs (1), (2), and (3) of section 

19 315(a); and 

20 ‘‘(ii) are not from sources prohibited 

21 by this Act from making contributions in 

22 connection with an election for Federal of23 fice. 

24 ‘‘(2) STATE LAW.—Paragraph (1) does not 

25 apply to the solicitation, receipt, or spending of 


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1 funds by an individual described in such paragraph 

2 who is also a candidate for a State or local office 

3 solely in connection with such election for State or 

4 local office if the solicitation, receipt, or spending of 

5 funds is permitted under State law and refers only 

6 to such State or local candidate, or to any other can7 didate for the State or local office sought by such 

8 candidate, or both. 

9 ‘‘(3) FUNDRAISING EVENTS.—Notwithstanding 

10 paragraph (1), a candidate or an individual holding 

11 Federal office may attend, speak, or be a featured 

12 guest at a fundraising event for a State, district, or 

13 local committee of a political party. 

14 ‘‘(4) LIMITATION APPLICABLE FOR PURPOSES

15 OF SOLICITATION OF DONATIONS BY INDIVIDUALS

16 TO CERTAIN ORGANIZATIONS.—In the case of the so17 licitation of funds by any person described in para18 graph (1) on behalf of any entity described in sub19 section (d) which is made specifically for funds to be 

20 used for activities described in clauses (i) and (ii) of 

21 section 301(20)(A), or made for any such entity 

22 which engages primarily in activities described in 

23 such clauses, the limitation applicable for purposes 

24 of a donation of funds by an individual shall be the 

25 limitation set forth in section 315(a)(1)(D). 


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1 ‘‘(f) STATE CANDIDATES.— 

2 ‘‘(1) IN GENERAL.—A candidate for State or 

3 local office, individual holding State or local office, 

4 or an agent of such a candidate or individual may 

5 not spend any funds for a communication described 

6 in section 301(20)(A)(iii) unless the funds are sub7 ject to the limitations, prohibitions, and reporting 

8 requirements of this Act. 

9 ‘‘(2) EXCEPTION FOR CERTAIN COMMUNICA10 TIONS.—Paragraph (1) shall not apply to an indi11 vidual described in such paragraph if the commu12 nication involved is in connection with an election for 

13 such State or local office and refers only to such in14 dividual or to any other candidate for the State or 

15 local office held or sought by such individual, or 

16 both.’’. 

17 (b) CONFORMING CERTAIN DEFINITIONS.— 

18 (1) FEDERAL ELECTION ACTIVITY.—Section 

19 301(20) of such Act (2 U.S.C. 431) is amended to 

20 read as follows: 

21 ‘‘(20) FEDERAL ELECTION ACTIVITY.— 

22 ‘‘(A) IN GENERAL.—The term ‘Federal 

23 election activity’ means— 

24 ‘‘(i) voter registration activity; 


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1 ‘‘(ii) voter identification, get-out-the2 vote activity, or generic campaign activity 

3 conducted in connection with an election in 

4 which a candidate for Federal office ap5 pears on the ballot (regardless of whether 

6 a candidate for State or local office also 

7 appears on the ballot); or 

8 ‘‘(iii) a public communication that re9 fers to a clearly identified candidate for 

10 Federal office (regardless of whether a 

11 candidate for State or local office is also 

12 mentioned or identified) and that promotes 

13 or supports a candidate for that office, or 

14 attacks or opposes a candidate for that of15 fice (regardless of whether the communica16 tion expressly advocates a vote for or 

17 against a candidate). 

18 ‘‘(B) EXCLUDED ACTIVITY.—The term 

19 ‘Federal election activity’ does not include an 

20 amount expended or disbursed by a State, dis21 trict, or local committee of a political party 

22 for— 

23 ‘‘(i) a public communication that re24 fers solely to a clearly identified candidate 

25 for State or local office, if the communicaVerDate Aug 31 2005 23:47 May 13, 2006 Jkt 049196 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5374.IH H5374

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1 tion is not a Federal election activity de2 scribed in subparagraph (A)(i) or (ii); 

3 ‘‘(ii) a contribution to a candidate for 

4 State or local office, provided the contribu5 tion is not designated or used to pay for a 

6 Federal election activity described in sub7 paragraph (A); or 

8 ‘‘(iii) the costs of grassroots campaign 

9 materials, including buttons, bumper stick10 ers, and yard signs, that name or depict 

11 only a candidate for State or local office.’’. 

12 (2) MASS MAILING.—Section 301(23) of such 

13 Act (2 U.S.C. 431(23)) is amended by striking ‘‘30- 

14 day period’’ and inserting ‘‘1-year period’’. 

15 (3) TELEPHONE BANK.—Section 301(24) of 

16 such Act (2 U.S.C. 431(24)) is amended by striking 

17 ‘‘30-day period’’ and inserting ‘‘1-year period’’. 

18 SEC. 3. BAN ON USE OF SOFT MONEY BY CORPORATIONS 

19 AND LABOR ORGANIZATIONS FOR NON20 PARTISAN VOTER REGISTRATION AND GET21 OUT-THE-VOTE ACTIVITIES. 

22 Section 316(b)(2) of the Federal Election Campaign 

23 Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by striking 

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1 paigns’’ and all that follows through ‘‘and (C)’’ and insert2 ing ‘‘and (B)’’. 

3 SEC. 4. BAN ON USE OF SOFT MONEY FOR GET-OUT-THE4 VOTE ACTIVITIES BY CERTAIN ORGANIZA5 TIONS. 

6 Title III of the Federal Election Campaign Act of 

7 1971 (2 U.S.C. 431 et seq.) is amended by adding at the 

8 end the following new section: 

9 ‘‘BAN ON USE OF NONFEDERAL FUNDS FOR GET-OUT10 THE-VOTE ACTIVITIES BY CERTAIN ORGANIZATIONS

11 ‘‘SEC. 325. (a) IN GENERAL.—Any amount expended 

12 or disbursed for get-out-the-vote activities by any organi13 zation described in subsection (b) shall be made from 

14 amounts subject to the limitations, prohibitions, and re15 porting requirements of this Act. 

16 ‘‘(b) ORGANIZATIONS DESCRIBED.—An organization 

17 described in this subsection is— 

18 ‘‘(1) an organization that is described in section 

19 501(c)(3) or 501(c)(4) of the Internal Revenue Code 

20 of 1986 and exempt from taxation under section 

21 501(a) of such Code (or has submitted an applica22 tion for determination of tax exempt status under 

23 such section); or 

24 ‘‘(2) an organization described in section 527 of 

25 such Code (other than a State, district, or local com26 mittee of a political party, a candidate for State or 


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1 local office, or the authorized campaign committee of 

2 a candidate for State or local office).’’. 

3 SEC. 5. BAN ON USE OF SOFT MONEY FOR ANY PARTISAN 

4 VOTER REGISTRATION ACTIVITIES. 

5 Title III of the Federal Election Campaign Act of 

6 1971 (2 U.S.C. 431 et seq.), as amended by section 4, 

7 is further amended by adding at the end the following new 

8 section: 

9 ‘‘BAN ON USE OF NONFEDERAL FUNDS FOR PARTISAN

10 VOTER REGISTRATION ACTIVITIES

11 ‘‘SEC. 326. No person may expend or disburse any 

12 funds for partisan voter registration activity which are not 

13 subject to the limitations, prohibitions, and reporting re14 quirements of this Act.’’. 

15 SEC. 6. EFFECTIVE DATE. 

16 The amendments made by this Act shall apply with 

17 respect to elections occurring after December 2006. 

Æ 


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