II 

112TH CONGRESS 

1ST SESSION S. 750 

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

IN THE SENATE OF THE UNITED STATES 

APRIL 6 (legislative day, APRIL 5), 2011 

Mr. DURBIN (for himself, Mrs. BOXER, Mr. CARDIN, Mr. FRANKEN, Mr. HARKIN, Mr. KERRY, Ms. KLOBUCHAR, Mr. LEAHY, Mr. MERKLEY, Ms. MIKULSKI, Mr. SANDERS, Mrs. SHAHEEN, and Mr. TESTER) introduced the 

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

Rules and Administration 

A BILL 

To reform the financing of Senate elections, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Fair Elections Now Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—FAIR ELECTIONS FINANCING OF SENATE ELECTION 

CAMPAIGNS 


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Subtitle A—Fair Elections Financing Program 

Sec. 101. Findings and declarations. 

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

Senate election campaigns. 

‘‘TITLE V—FAIR ELECTIONS FINANCING OF SENATE ELECTION 

CAMPAIGNS 

‘‘Subtitle A—General Provisions 

‘‘Sec. 501. Definitions. 

‘‘Sec. 502. Fair Elections Fund. 

‘‘Subtitle B—Eligibility and Certification 

‘‘Sec. 511. Eligibility. 

‘‘Sec. 512. Qualifying contribution requirement. 

‘‘Sec. 513. Contribution and expenditure requirements. 

‘‘Sec. 514. Debate requirement. 

‘‘Sec. 515. Certification. 

‘‘Subtitle C—Benefits 

‘‘Sec. 521. Benefits for participating candidates. 

‘‘Sec. 522. Allocations from the Fund. 

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

‘‘Sec. 524. Political advertising vouchers. 

‘‘Subtitle D—Administrative Provisions 

‘‘Sec. 531. Fair Elections Oversight Board. 

‘‘Sec. 532. Administration provisions. 

‘‘Sec. 533. Violations and penalties. 

Sec. 103. Prohibition on joint fundraising committees. 

Sec. 104. 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—MISCELLANEOUS PROVISIONS 

Sec. 401. Severability. 

Sec. 402. Effective date. 


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

4 Subtitle A—Fair Elections 

5 Financing Program 

6 SEC. 101. FINDINGS AND DECLARATIONS. 

7 (a) UNDERMINING OF DEMOCRACY BY CAMPAIGN

8 CONTRIBUTIONS FROM PRIVATE SOURCES.—The Senate 

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

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

12 undermine democracy in the United States by— 

13 (1) creating a culture that fosters actual or per14 ceived conflicts of interest by encouraging Senators 

15 to accept large campaign contributions from private 

16 interests that are directly affected by Federal legis17 lation; 

18 (2) diminishing or appearing to diminish Sen19 ators’ accountability to constituents by compelling 

20 legislators to be accountable to the major contribu21 tors who finance their election campaigns; 

22 (3) undermining the meaning of the right to 

23 vote by allowing monied interests to have a dis24 proportionate and unfair influence within the polit25 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 Senate election cam7 paigns; 

8 (6) disadvantaging challengers and discouraging 

9 competitive elections; and 

10 (7) burdening incumbents with a preoccupation 

11 with fundraising and thus decreasing the time avail12 able to carry out their public responsibilities. 

13 (b) ENHANCEMENT OF DEMOCRACY BY PROVIDING

14 ALLOCATIONS FROM THE FAIR ELECTIONS FUND.—The 

15 Senate finds and declares that providing the option of the 

16 replacement of large private campaign contributions with 

17 allocations from the Fair Elections Fund for all primary, 

18 runoff, and general elections to the Senate would enhance 

19 American democracy by— 

20 (1) reducing the actual or perceived conflicts of 

21 interest created by fully private financing of the elec22 tion campaigns of public officials and restoring pub23 lic confidence in the integrity and fairness of the 

24 electoral and legislative processes through a program 

25 which allows participating candidates to adhere to 


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1 substantially lower contribution limits for contribu2 tors with an assurance that there will be sufficient 

3 funds for such candidates to run viable electoral 

4 campaigns; 

5 (2) increasing the public’s confidence in the ac6 countability of Senators to the constituents who elect 

7 them, which derives from the program’s qualifying 

8 criteria to participate in the voluntary program and 

9 the conclusions that constituents may draw regard10 ing candidates who qualify and participate in the 

11 program; 

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

13 campaign contributions as a determinant of a citi14 zen’s influence within the political process by facili15 tating the expression of support by voters at every 

16 level of wealth, encouraging political participation, 

17 and incentivizing participation on the part of Sen18 ators through the matching of small dollar contribu19 tions; 

20 (4) potentially saving taxpayers billions of dol21 lars that may be (or that are perceived to be) cur22 rently allocated based upon legislative and regu23 latory agendas skewed by the influence of campaign 

24 contributions; 


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1 (5) creating genuine opportunities for all Amer2 icans to run for the Senate and encouraging more 

3 competitive elections; 

4 (6) encouraging participation in the electoral 

5 process by citizens of every level of wealth; and 

6 (7) freeing Senators from the incessant pre7 occupation with raising money, and allowing them 

8 more time to carry out their public responsibilities. 

9 SEC. 102. ELIGIBILITY REQUIREMENTS AND BENEFITS OF 

10 FAIR ELECTIONS FINANCING OF SENATE 

11 ELECTION CAMPAIGNS. 

12 The Federal Election Campaign Act of 1971 (2 

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

14 following: 

15 ‘‘TITLE V—FAIR ELECTIONS FI16 NANCING OF SENATE ELEC17 TION CAMPAIGNS 

18 ‘‘Subtitle A—General Provisions 

19 ‘‘SEC. 501. DEFINITIONS. 

20 ‘‘In this title: 

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

22 ‘allocation from the Fund’ means an allocation of 

23 money from the Fair Elections Fund to a partici24 pating candidate pursuant to section 522. 


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

2 Fair Elections Oversight Board established under 

3 section 531. 

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

5 The term ‘Fair Elections qualifying period’ means, 

6 with respect to any candidate for Senator, the pe7 riod— 

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

9 candidate files a statement of intent under sec10 tion 511(a)(1); and 

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

12 before— 

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

14 or 

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

16 not hold a primary election, the date pre17 scribed by State law as the last day to 

18 qualify for a position on the general elec19 tion ballot. 

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

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

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

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

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

25 hold a primary election, the date prescribed by 


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1 State law as the last day to qualify for a posi2 tion on the general election ballot. 

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

4 Elections Fund established by section 502. 

5 ‘‘(6) IMMEDIATE FAMILY.—The term ‘imme6 diate family’ means, with respect to any candidate— 

7 ‘‘(A) the candidate’s spouse; 

8 ‘‘(B) a child, stepchild, parent, grand9 parent, brother, half-brother, sister, or half-sis10 ter of the candidate or the candidate’s spouse; 

11 and 

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

13 subparagraph (B). 

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

15 ‘matching contribution’ means a matching payment 

16 provided to a participating candidate for qualified 

17 small dollar contributions, as provided under section 

18 523. 

19 ‘‘(8) NONPARTICIPATING CANDIDATE.—The 

20 term ‘nonparticipating candidate’ means a candidate 

21 for Senator who is not a participating candidate. 

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

23 ‘participating candidate’ means a candidate for Sen24 ator who is certified under section 515 as being eli25 gible to receive an allocation from the Fund. 


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

2 ‘qualifying contribution’ means, with respect to a 

3 candidate, a contribution that— 

4 ‘‘(A) is in an amount that is— 

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

6 the amount determined by the Commission 

7 under section 531; and 

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

9 $100 or the amount determined by the 

10 Commission under section 531; 

11 ‘‘(B) is made by an individual— 

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

13 which such Candidate is seeking election; 

14 and 

15 ‘‘(ii) who is not otherwise prohibited 

16 from making a contribution under this Act; 

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

18 qualifying period; and 

19 ‘‘(D) meets the requirements of section 

20 512(b). 

21 ‘‘(11) QUALIFIED SMALL DOLLAR CONTRIBU22 TION.—The term ‘qualified small dollar contribution’ 

23 means, with respect to a candidate, any contribution 

24 (or series of contributions)— 


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

2 (or does not include a qualifying contribution); 

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

4 is not prohibited from making a contribution 

5 under this Act; and 

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

7 not exceed the greater of— 

8 ‘‘(i) $100 per election; or 

9 ‘‘(ii) the amount per election deter10 mined by the Commission under section 

11 531. 

12 ‘‘SEC. 502. FAIR ELECTIONS FUND. 

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

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

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

16 consist of the following amounts: 

17 ‘‘(1) APPROPRIATED AMOUNTS.— 

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

19 to the Fund. 

20 ‘‘(B) SENSE OF THE SENATE REGARDING

21 APPROPRIATIONS.—It is the sense of the Senate 

22 that— 

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

24 payment made to any person (other than a 

25 State or local government or a foreign naVerDate Mar 15 2010 05:28 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S750.IS S750

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1 tion) who has contracts with the Govern2 ment of the United States in excess of 

3 $10,000,000 a tax equal to 0.50 percent of 

4 amount paid pursuant to such contracts, 

5 except that the aggregate tax for any per6 son for any taxable year shall not exceed 

7 $500,000; and 

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

9 be appropriated to the Fund. 

10 ‘‘(2) VOLUNTARY CONTRIBUTIONS.—Voluntary 

11 contributions to the Fund. 

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

13 into the Fund under— 

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

15 to contribution requirements); 

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

17 of allocations from the Fund); 

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

19 and 

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

21 ‘‘(4) 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 C. 

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 shall apply. 

11 ‘‘Subtitle B—Eligibility and 

12 Certification 

13 ‘‘SEC. 511. ELIGIBILITY. 

14 ‘‘(a) IN GENERAL.—A candidate for Senator is eligi15 ble to receive an allocation from the Fund for any election 

16 if the candidate meets the following requirements: 

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

18 statement of intent to seek certification as a partici19 pating candidate under this title during the period 

20 beginning on the Fair Elections start date and end21 ing on the last day of the Fair Elections qualifying 

22 period. 

23 ‘‘(2) The candidate meets the qualifying con24 tribution requirements of section 512. 


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

2 Elections qualifying period, the candidate files with 

3 the Commission an affidavit signed by the candidate 

4 and the treasurer of the candidate’s principal cam5 paign committee declaring that the candidate— 

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

7 comply with the contribution and expenditure 

8 requirements of section 513; 

9 ‘‘(B) if certified, will comply with the de10 bate requirements of section 514; 

11 ‘‘(C) if certified, will not run as a non12 participating candidate during such year in any 

13 election for the office that such candidate is 

14 seeking; and 

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

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

17 ‘‘(b) GENERAL ELECTION.—Notwithstanding sub18 section (a), a candidate shall not be eligible to receive an 

19 allocation from the Fund for a general election or a gen20 eral runoff election unless the candidate’s party nominated 

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

22 election or the candidate otherwise qualified to be on the 

23 ballot under State law. 


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1 ‘‘SEC. 512. QUALIFYING CONTRIBUTION REQUIREMENT. 

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

3 the requirement of this section if, during the Fair Elec4 tions qualifying period, the candidate obtains— 

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

6 to the greater of— 

7 ‘‘(A) the sum of— 

8 ‘‘(i) 2,000; plus 

9 ‘‘(ii) 500 for each congressional dis10 trict in the State with respect to which the 

11 candidate is seeking election; or 

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

14 ‘‘(2) a total dollar amount of qualifying con15 tributions equal to the greater of— 

16 ‘‘(A) 10 percent of the amount of the allo17 cation such candidate would be entitled to re18 ceive for the primary election under section 

19 522(c)(1) (determined without regard to para20 graph (5) thereof) if such candidate were a par21 ticipating candidate; or 

22 ‘‘(B) the amount determined by the Com23 mission under section 531. 

24 ‘‘(b) REQUIREMENTS RELATING TO RECEIPT OF

25 QUALIFYING CONTRIBUTION.—Each qualifying contribu26 tion— 


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

2 check, money order, debit card, credit card, or elec3 tronic payment account; 

4 ‘‘(2) shall be accompanied by a signed state5 ment containing— 

6 ‘‘(A) the contributor’s name and the con7 tributor’s address in the State in which the con8 tributor is registered to vote; and 

9 ‘‘(B) an oath declaring that the contrib10 utor— 

11 ‘‘(i) understands that the purpose of 

12 the qualifying contribution is to show sup13 port for the candidate so that the can14 didate may qualify for Fair Elections fi15 nancing; 

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

17 or her own name and from his or her own 

18 funds; 

19 ‘‘(iii) has made the contribution will20 ingly; and 

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

22 value in return for the contribution; and 

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

24 sent to the contributor with a copy kept by the can25 didate for the Commission and a copy kept by the 


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1 candidate for the election authorities in the State 

2 with respect to which the candidate is seeking elec3 tion. 

4 ‘‘(c) VERIFICATION OF QUALIFYING CONTRIBU5 TIONS.—The Commission shall establish procedures for 

6 the auditing and verification of qualifying contributions to 

7 ensure that such contributions meet the requirements of 

8 this section. 

9 ‘‘SEC. 513. CONTRIBUTION AND EXPENDITURE REQUIRE10 MENTS. 

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

12 meets the requirements of this section if, during the elec13 tion cycle of the candidate, the candidate— 

14 ‘‘(1) except as provided in subsection (b), ac15 cepts no contributions other than— 

16 ‘‘(A) qualifying contributions; 

17 ‘‘(B) qualified small dollar contributions; 

18 ‘‘(C) allocations from the Fund under sec19 tion 522; 

20 ‘‘(D) matching contributions under section 

21 523; and 

22 ‘‘(E) vouchers provided to the candidate 

23 under section 524; 

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

25 other than from— 


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1 ‘‘(A) qualifying contributions; 

2 ‘‘(B) qualified small dollar contributions; 

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

5 ‘‘(D) matching contributions under section 

6 523; and 

7 ‘‘(E) 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 $100; 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, or contributions that meet the requirements of 

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

10 candidate files a statement of intent under section 

11 511(a)(1) are— 

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

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

14 the Fund. 

15 ‘‘SEC. 514. DEBATE REQUIREMENT. 

16 ‘‘A candidate for Senator meets the requirements of 

17 this section if the candidate participates in at least— 

18 ‘‘(1) 1 public debate before the primary election 

19 with other participating candidates and other willing 

20 candidates from the same party and seeking the 

21 same nomination as such candidate; and 

22 ‘‘(2) 2 public debates before the general election 

23 with other participating candidates and other willing 

24 candidates seeking the same office as such can25 didate. 


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1 ‘‘SEC. 515. CERTIFICATION. 

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

3 candidate for Senator files an affidavit under section 

4 511(a)(3), the Commission shall— 

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

6 participating candidate; and 

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

8 determination. 

9 ‘‘(b) REVOCATION OF CERTIFICATION.— 

10 ‘‘(1) IN GENERAL.—The Commission may re11 voke a certification under subsection (a) if— 

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

13 on the ballot at any time after the date of cer14 tification; 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 Fund an amount equal to the 

22 value of benefits received under this title plus inter23 est (at a rate determined by the Commission) on any 

24 such amount received. 


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1 ‘‘Subtitle C—Benefits 

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

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

4 to which a candidate is certified as a participating can5 didate, such candidate shall be entitled to— 

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

7 obligate to make expenditures with respect to such 

8 election, as provided in section 522; 

9 ‘‘(2) matching contributions, as provided in sec10 tion 523; and 

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

12 broadcasts of political advertisements, as provided in 

13 section 524. 

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

15 THE FUND.—Allocations from the Fund received by a par16 ticipating candidate under sections 522 and matching con17 tributions under section 523 may only be used for cam18 paign-related costs. 

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

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

21 that is 45 days after an election in which the partici22 pating candidate appeared on the ballot, such par23 ticipating candidate shall remit to the Commission 

24 for deposit in the Fund an amount equal to the less25 er of— 


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1 ‘‘(A) the amount of money in the can2 didate’s campaign account; or 

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

4 Fund received by the candidate under section 

5 522 and the matching contributions received by 

6 the candidate under section 523. 

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

8 who qualifies to be on the ballot for a primary run9 off election, a general election, or a general runoff 

10 election, the amounts described in paragraph (1) 

11 may be retained by the candidate and used in such 

12 subsequent election. 

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

14 ‘‘(a) IN GENERAL.—The Commission shall make allo15 cations from the Fund under section 521(a)(1) to a par16 ticipating candidate— 

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

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

19 date on which such candidate is certified as a par20 ticipating candidate under section 515; 

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

22 than 48 hours after— 

23 ‘‘(A) the date of the certification of the re24 sults of the primary election or the primary 

25 runoff election; or 


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1 ‘‘(B) in any case in which there is no pri2 mary election, the date the candidate qualifies 

3 to be placed on the ballot; and 

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

5 a general runoff election, not later than 48 hours 

6 after the certification of the results of the primary 

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

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

9 distribute funds available to participating candidates 

10 under this section through the use of an electronic funds 

11 exchange or a debit card. 

12 ‘‘(c) AMOUNTS.— 

13 ‘‘(1) PRIMARY ELECTION ALLOCATION; INITIAL

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

15 the Commission shall make an allocation from the 

16 Fund for a primary election to a participating can17 didate in an amount equal to 67 percent of the base 

18 amount with respect to such participating candidate. 

19 ‘‘(2) PRIMARY RUNOFF ELECTION ALLOCA20 TION.—The Commission shall make an allocation 

21 from the Fund for a primary runoff election to a 

22 participating candidate in an amount equal to 25 

23 percent of the amount the participating candidate 

24 was eligible to receive under this section for the pri25 mary election. 


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1 ‘‘(3) GENERAL ELECTION ALLOCATION.—Ex2 cept as provided in paragraph (5), the Commission 

3 shall make an allocation from the Fund for a gen4 eral election to a participating candidate in an 

5 amount equal to the base amount with respect to 

6 such candidate. 

7 ‘‘(4) GENERAL RUNOFF ELECTION ALLOCA8 TION.—The Commission shall make an allocation 

9 from the Fund for a general runoff election to a par10 ticipating candidate in an amount equal to 25 per11 cent of the base amount with respect to such can12 didate. 

13 ‘‘(5) UNCONTESTED ELECTIONS.— 

14 ‘‘(A) IN GENERAL.—In the case of a pri15 mary or general election that is an uncontested 

16 election, the Commission shall make an alloca17 tion from the Fund to a participating candidate 

18 for such election in an amount equal to 25 per19 cent of the allocation which such candidate 

20 would be entitled to under this section for such 

21 election if this paragraph did not apply. 

22 ‘‘(B) UNCONTESTED ELECTION DE23 FINED.—For purposes of this subparagraph, an 

24 election is uncontested if not more than 1 can25 didate has campaign funds (including payments 


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1 from the Fund) in an amount equal to or great2 er than 10 percent of the allocation a partici3 pating candidate would be entitled to receive 

4 under this section for such election if this para5 graph did not apply. 

6 ‘‘(d) BASE AMOUNT.— 

7 ‘‘(1) IN GENERAL.—Except as otherwise pro8 vided in this subsection, the base amount for any 

9 candidate is an amount equal to the greater of— 

10 ‘‘(A) the sum of— 

11 ‘‘(i) $750,000; plus 

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

13 district in the State with respect to which 

14 the candidate is seeking election; or 

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

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

18 after 2013— 

19 ‘‘(A) each dollar amount under paragraph 

20 (1)(A) shall be increased by the percent dif21 ference between the price index (as defined in 

22 section 315(c)(2)(A)) for the 12 months pre23 ceding the beginning of such calendar year and 

24 the price index for calendar year 2012; 


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

2 remain in effect for the 2-year period beginning 

3 on the first day following the date of the last 

4 general election in the year preceding the year 

5 in which the amount is increased and ending on 

6 the date of the next general election; and 

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

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

9 such amount shall be rounded to the nearest 

10 multiple of $100. 

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

12 DOLLAR CONTRIBUTIONS. 

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

14 each participating candidate an amount equal to 500 per15 cent of the amount of qualified small dollar contributions 

16 received by the candidate from individuals who are resi17 dents of the State in which such participating candidate 

18 is seeking election after the date on which such candidate 

19 is certified under section 515. 

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

21 subsection (a) with respect to any candidate shall not ex22 ceed the greater of— 

23 ‘‘(1) 300 percent of the allocation such can24 didate is entitled to receive for such election under 


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1 section 522 (determined without regard to sub2 section (c)(5) thereof); or 

3 ‘‘(2) the percentage of such allocation deter4 mined by the Commission under section 531. 

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

6 make payments under this section not later than 2 busi7 ness days after the receipt of a report made under sub8 section (d). 

9 ‘‘(d) REPORTS.— 

10 ‘‘(1) IN GENERAL.—Each participating can11 didate shall file reports of receipts of qualified small 

12 dollar contributions at such times and in such man13 ner as the Commission may by regulations prescribe. 

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

15 under this subsection shall disclose— 

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

17 dollar contribution received by the candidate; 

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

19 dollar contribution received by the candidate 

20 from a resident of the State in which the can21 didate is seeking election; and 

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

23 each individual who made a qualified small dol24 lar contribution to the candidate. 


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

2 this subsection shall be made no more frequently 

3 than— 

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

5 is 90 days before the date of the election; 

6 ‘‘(B) once every week after the period de7 scribed in subparagraph (A) and until the date 

8 that is 21 days before the election; and 

9 ‘‘(C) once every day after the period de10 scribed in subparagraph (B). 

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

12 Commission may not prescribe any regulations with 

13 respect to reporting under this subsection with re14 spect to any election after the date that is 180 days 

15 before the date of such election. 

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

17 written explanation with respect to any denial of any pay18 ment under this section and shall provide the opportunity 

19 for review and reconsideration within 5 business days of 

20 such denial. 

21 ‘‘SEC. 524. POLITICAL ADVERTISING VOUCHERS. 

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

23 and administer a voucher program for the purchase of 

24 airtime on broadcasting stations for political advertise25 ments in accordance with the provisions of this section. 


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1 ‘‘(b) CANDIDATES.—The Commission shall only dis2 burse vouchers under the program established under sub3 section (a) to participants certified pursuant to section 

4 515 who have agreed in writing to keep and furnish to 

5 the Commission such records, books, and other informa6 tion as it may require. 

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

8 vouchers to each candidate certified under subsection (b) 

9 in an aggregate amount equal to the greater of— 

10 ‘‘(1) $100,000 multiplied by the number of con11 gressional districts in the State with respect to 

12 which such candidate is running for office; or 

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

14 under section 531. 

15 ‘‘(d) USE.— 

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

17 the Commission under this section may be used only 

18 for the purchase of broadcast airtime for political 

19 advertisements relating to a general election for the 

20 office of Senate by the participating candidate to 

21 which the vouchers were disbursed, except that— 

22 ‘‘(A) a candidate may exchange vouchers 

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

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

25 only to purchase broadcast airtime for political 


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1 advertisements for generic party advertising (as 

2 defined by the Commission in regulations), to 

3 support candidates for State or local office in a 

4 general election, or to support participating 

5 candidates of the party in a general election for 

6 Federal office, but only if it discloses the value 

7 of the voucher used as an expenditure under 

8 section 315(d). 

9 ‘‘(2) EXCHANGE WITH POLITICAL PARTY COM10 MITTEE.— 

11 ‘‘(A) IN GENERAL.—A participating can12 didate who receives a voucher under this section 

13 may transfer the right to use all or a portion 

14 of the value of the voucher to a committee of 

15 the political party of which the individual is a 

16 candidate (or, in the case of a participating 

17 candidate who is not a member of any political 

18 party, to a committee of the political party of 

19 that candidate’s choice) in exchange for money 

20 in an amount equal to the cash value of the 

21 voucher or portion exchanged. 

22 ‘‘(B) CONTINUATION OF CANDIDATE OBLI23 GATIONS.—The transfer of a voucher, in whole 

24 or in part, to a political party committee under 

25 this paragraph does not release the candidate 


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1 from any obligation under the agreement made 

2 under subsection (b) or otherwise modify that 

3 agreement or its application to that candidate. 

4 ‘‘(C) PARTY COMMITTEE OBLIGATIONS.— 

5 Any political party committee to which a vouch6 er or portion thereof is transferred under sub7 paragraph (A)— 

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

9 with such requirements as the Commission 

10 may establish, for the receipt of the vouch11 er; and 

12 ‘‘(ii) may not use the transferred 

13 voucher or portion thereof for any purpose 

14 other than a purpose described in para15 graph (1)(B). 

16 ‘‘(D) VOUCHER AS A CONTRIBUTION

17 UNDER FECA.—If a candidate transfers a 

18 voucher or any portion thereof to a political 

19 party committee under subparagraph (A)— 

20 ‘‘(i) the value of the voucher or por21 tion thereof transferred shall be treated as 

22 a contribution from the candidate to the 

23 committee, and from the committee to the 

24 candidate, for purposes of sections 302 

25 and 304; 


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

2 provide to the candidate only funds subject 

3 to the prohibitions, limitations, and report4 ing requirements of title III of this Act; 

5 and 

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

7 ‘voucher exchange’, shall not be considered 

8 a contribution for the purposes of sections 

9 315 and 513. 

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

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

12 the Commission under this section shall have a value 

13 in dollars, redeemable upon presentation to the 

14 Commission, together with such documentation and 

15 other information as the Commission may require, 

16 for the purchase of broadcast airtime for political 

17 advertisements in accordance with this section. 

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

19 shall accept vouchers in payment for the purchase of 

20 broadcast airtime for political advertisements in ac21 cordance with this section. 

22 ‘‘(3) REDEMPTION.—The Commission shall re23 deem vouchers accepted by broadcasting stations 

24 under paragraph (2) upon presentation, subject to 

25 such documentation, verification, accounting, and 


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1 application requirements as the Commission may im2 pose to ensure the accuracy and integrity of the 

3 voucher redemption system. 

4 ‘‘(4) EXPIRATION.— 

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

6 be used to pay for broadcast airtime for polit7 ical advertisements to be broadcast before mid8 night on the day before the date of the Federal 

9 election in connection with which it was issued 

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

11 purpose. 

12 ‘‘(B) EXCEPTION FOR POLITICAL PARTY

13 COMMITTEES.—A voucher held by a political 

14 party committee may be used to pay for broad15 cast airtime for political advertisements to be 

16 broadcast before midnight on December 31st of 

17 the odd-numbered year following the year in 

18 which the voucher was issued by the Commis19 sion. 

20 ‘‘(5) VOUCHER AS EXPENDITURE UNDER

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

22 airtime constitutes an expenditure as defined in sec23 tion 301(9)(A). 

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


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

2 ‘broadcasting station’ has the meaning given that 

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

4 Act of 1934. 

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

6 party’ means a major party or a minor party as de7 fined in section 9002 (3) or (4) of the Internal Rev8 enue Code of 1986 (26 U.S.C. 9002 (3) or (4)). 

9 ‘‘Subtitle D—Administrative 

10 Provisions 

11 ‘‘SEC. 531. 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 by 

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

19 whom— 

20 ‘‘(A) 2 shall be appointed after consulta21 tion with the majority leader of the Senate; 

22 ‘‘(B) 2 shall be appointed after consulta23 tion with the minority leader of the Senate; 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 

15 ‘‘(iii) an officer or employee of a polit16 ical party or political campaign. 

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

18 appointed not later than 60 days after the date of 

19 the enactment of this Act. 

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

21 appointed for a term of 5 years. 

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

23 shall be filled not later than 30 calendar days after 

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

25 vacancy, in the same manner as the original apVerDate Mar 15 2010 05:28 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S750.IS S750

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1 pointment. The individual appointed to fill the va2 cancy shall serve only for the unexpired portion of 

3 the term for which the individual’s predecessor was 

4 appointed. 

5 ‘‘(6) CHAIRPERSON.—The Board shall des6 ignate a Chairperson from among the members of 

7 the Board. 

8 ‘‘(c) DUTIES AND POWERS.— 

9 ‘‘(1) ADMINISTRATION.— 

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

11 such duties and powers as the Commission may 

12 prescribe, including the power to administer the 

13 provisions of this title. 

14 ‘‘(2) REVIEW OF FAIR ELECTIONS FINANC15 ING.— 

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

17 election for Federal office, the Board shall con18 duct a comprehensive review of the Fair Elec19 tions financing program under this title, includ20 ing— 

21 ‘‘(i) the maximum dollar amount of 

22 qualified small dollar contributions under 

23 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 sections 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 amount 

15 of qualified small dollar contributions 

16 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); and 

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, 2012, 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) effectively and efficiently monitoring 

22 and enforcing the limits on the use of personal 

23 funds by participating candidates; 

24 ‘‘(D) monitoring the use of allocations 

25 from the Fund and matching contributions 


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1 under this title through audits or other mecha2 nisms; and 

3 ‘‘(E) the administration of the voucher 

4 program under section 524; and 

5 ‘‘(2) regarding the conduct of debates in a man6 ner consistent with the best practices of States that 

7 provide public financing for elections. 

8 ‘‘SEC. 533. VIOLATIONS AND PENALTIES. 

9 ‘‘(a) CIVIL PENALTY FOR VIOLATION OF CONTRIBU10 TION AND EXPENDITURE REQUIREMENTS.—If a can11 didate who has been certified as a participating candidate 

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

13 expenditure that is prohibited under section 513, the Com14 mission shall assess a civil penalty against the candidate 

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

16 of the contribution or expenditure. Any amounts collected 

17 under this subsection shall be deposited into the Fund. 

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

19 ELECTIONS FUND.— 

20 ‘‘(1) IN GENERAL.—If the Commission deter21 mines that any benefit made available to a partici22 pating candidate under this title was not used as 

23 provided for in this title or that a participating can24 didate has violated any of the dates for remission of 

25 funds contained in this title, the Commission shall 


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1 so notify the candidate and the candidate shall pay 

2 to the 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. 103. PROHIBITION ON JOINT FUNDRAISING COMMIT15 TEES. 

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

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

18 end the following new paragraph: 

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

20 candidate (as defined in section 501) may establish 

21 a joint fundraising committee with a political com22 mittee other than an authorized committee of a can23 didate.’’. 


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1 SEC. 104. EXCEPTION TO LIMITATION ON COORDINATED 

2 EXPENDITURES BY POLITICAL PARTY COM3 MITTEES WITH PARTICIPATING CANDIDATES. 

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

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

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

7 case of’’ and inserting ‘‘except as provided in para8 graph (5), in the case of’’; and 

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

10 paragraph: 

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

12 not apply with respect to any expenditure from a qualified 

13 political party-participating candidate coordinated expend14 iture fund. 

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

16 party-participating candidate coordinated expenditure 

17 fund’ means a fund established by the national committee 

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

19 party, including any subordinate committee of a State 

20 committee, for purposes of making expenditures in connec21 tion with the general election campaign of a candidate for 

22 election to the office of Senator who is a participating can23 didate (as defined in section 501), that only accepts quali24 fied coordinated expenditure contributions. 

25 ‘‘(C) In this paragraph, the term ‘qualified coordi26 nated expenditure contribution’ means, with respect to the 


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1 general election campaign of a candidate for election to 

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

3 defined in section 501), any contribution (or series of con4 tributions)— 

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

6 prohibited from making a contribution under this 

7 Act; and 

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

9 exceed $500 per election.’’. 

10 TITLE II—IMPROVING VOTER 

11 INFORMATION 

12 SEC. 201. BROADCASTS RELATING TO ALL SENATE CAN13 DIDATES. 

14 (a) LOWEST UNIT CHARGE; NATIONAL COMMIT15 TEES.—Section 315(b) of the Communications Act of 

16 1934 (47 U.S.C. 315(b)) is amended— 

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

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

19 committee of a political party on behalf of such can20 didate in connection with such campaign,’’; and 

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

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

23 (1). 

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

25 (47 U.S.C. 315) is amended— 


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

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

3 them to follow the existing subsection (e); 

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

5 as subsection (c); and 

6 (3) by inserting after subsection (c) (as redesig7 nated by paragraph (2)) the following: 

8 ‘‘(d) PREEMPTION.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), and notwithstanding the requirements of 

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

12 the use of a broadcasting station by a legally quali13 fied candidate for Senate who has purchased and 

14 paid for such use. 

15 ‘‘(2) CIRCUMSTANCES BEYOND CONTROL OF LI16 CENSEE.—If a program to be broadcast by a broad17 casting station is preempted because of cir18 cumstances beyond the control of the station, any 

19 candidate or party advertising spot scheduled to be 

20 broadcast during that program shall be treated in 

21 the same fashion as a comparable commercial adver22 tising spot. 

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

24 a primary election and the 60-day period preceding a gen25 eral election, the Commission shall conduct such audits 


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1 as it deems necessary to ensure that each broadcaster to 

2 which this section applies is allocating television broadcast 

3 advertising time in accordance with this section and sec4 tion 312.’’. 

5 (c) REVOCATION OF LICENSE FOR FAILURE TO PER6 MIT ACCESS.—Section 312(a)(7) of the Communications 

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

8 (1) by striking ‘‘or repeated’’; 

9 (2) by inserting ‘‘or cable system’’ after ‘‘broad10 casting station’’; and 

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

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

13 terms, conditions, and business practices as apply to 

14 the most favored advertiser of the licensee’’. 

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

16 Act (47 U.S.C. 315) is amended— 

17 (1) by striking ‘‘the’’ in subsection (e)(1), as re18 designated by subsection (b)(1), and inserting 

19 ‘‘BROADCASTING STATION.—’’; 

20 (2) by striking ‘‘the’’ in subsection (e)(2), as re21 designated by subsection (b)(1), and inserting ‘‘LI22 CENSEE; STATION LICENSEE.—’’; and 

23 (3) by inserting ‘‘REGULATIONS.—’’ in sub24 section (f), as redesignated by subsection (b)(1), be25 fore ‘‘The Commission’’. 


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1 SEC. 202. BROADCAST RATES FOR PARTICIPATING CAN2 DIDATES. 

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

4 (47 U.S.C. 315(b)), as amended by subsection (a), is 

5 amended— 

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

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

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

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

10 of a participating candidate (as defined under sec11 tion 501(9) of the Federal Election Campaign Act of 

12 1971), the charges made for the use of any broad13 casting station for a television broadcast shall not 

14 exceed 80 percent of the lowest charge described in 

15 paragraph (1)(A) during— 

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

17 primary or primary runoff election in which the 

18 candidate is opposed; and 

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

20 general or special election in which the can21 didate is opposed. 

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

23 a candidate for Senate a rate card that discloses— 

24 ‘‘(A) the rate charged under this sub25 section; and 


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

2 determine the rate charged under this sub3 section.’’. 

4 SEC. 203. FCC TO PRESCRIBE STANDARDIZED FORM FOR 

5 REPORTING CANDIDATE CAMPAIGN ADS. 

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

7 enactment of this Act, the Federal Communications Com8 mission shall initiate a rulemaking proceeding to establish 

9 a standardized form to be used by broadcasting stations, 

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

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

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

13 for nomination for election, or for election, to Federal elec14 tive office. 

15 (b) CONTENTS.—The form prescribed by the Com16 mission under subsection (a) shall require, broadcasting 

17 stations to report to the Commission and to the Federal 

18 Election Commission, at a minimum— 

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

20 (2) the name and telephone number of the sta21 tion’s sales manager (or individual with responsi22 bility for advertising sales); 

23 (3) the name of the candidate who purchased 

24 the advertising time, or on whose behalf the adverVerDate Mar 15 2010 21:57 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S750.IS S750

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1 tising time was purchased, and the Federal elective 

2 office for which he or she is a candidate; 

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

4 number of the person responsible for purchasing 

5 broadcast political advertising for the candidate; 

6 (5) notation as to whether the purchase agree7 ment for which the information is being reported is 

8 a draft or final version; and 

9 (6) the following information about the adver10 tisement: 

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

12 (B) The program in which the advertise13 ment was broadcast. 

14 (C) The length of the broadcast airtime. 

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

16 subsection (a), the Commission shall require any broad17 casting station required to file a report under this section 

18 that maintains an Internet website to make available a 

19 link to such reports on that website. 

20 TITLE III—RESPONSIBILITIES 

21 OF THE FEDERAL ELECTION 

22 COMMISSION 

23 SEC. 301. PETITION FOR CERTIORARI. 

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

25 Act of 1971 (2 U.S.C. 437d(a)(6)) is amended by insertVerDate Mar 15 2010 05:28 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S750.IS S750

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

2 certiorari)’’ after ‘‘appeal’’. 

3 SEC. 302. FILING BY SENATE CANDIDATES WITH COMMIS4 SION. 

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

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

7 ‘‘(g) FILING WITH THE COMMISSION.—All des8 ignations, statements, and reports required to be 

9 filed under this Act shall be filed with the Commis10 sion.’’. 

11 SEC. 303. ELECTRONIC FILING OF FEC REPORTS. 

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

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

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

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

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

17 file such designation, statement, or report in elec18 tronic form accessible by computers.’’; 

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

20 hours’’ and all that follows through ‘‘filed electroni21 cally)’’ and inserting ‘‘24 hours’’; and 

22 (3) by striking subparagraph (D). 


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1 TITLE IV—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 401. 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. 402. 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, 2012. 

Æ 


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