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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ban it All, Ban it Now 
Act’’. 
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SEC. 2. EXPANSION OF CURRENT BAN ON USE OF SOFT 
MONEY BY POLITICAL PARTIES AND CAN-
DIDATES. 
(a) IN GENERAL.—Section 323 of the Federal Elec-
tion Campaign Act of 1971 (2 U.S.C. 441i) is amended 
to read as follows: 
‘‘SEC. 323. SOFT MONEY OF POLITICAL PARTIES. 
‘‘(a) NATIONAL COMMITTEES.— 
‘‘(1) IN GENERAL.—A national committee of a 
political party (including a national congressional or 
Senatorial campaign committee of a political party) 
may not solicit, receive, or direct to another person 
a contribution, donation, or transfer of funds or any 
other thing of value, or spend any funds, that are 
not subject to the limitations, prohibitions, and re-
porting requirements of this Act. 
‘‘(2) APPLICABILITY.—The prohibition estab-
lished by paragraph (1) applies— 
‘‘(A) to any such national committee, any 
officer or agent acting on behalf of such a na-
tional committee, and any entity that is directly 
or indirectly established, financed, maintained, 
or controlled by such a national committee; and 
‘‘(B) to all activities of such committee and 
the persons described in subparagraph (A), in-
cluding the construction or purchase of an of-
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fice building or facility, the influencing of the 
reapportionment decisions of a State, and the 
financing of litigation relating to the reappor-
tionment decisions of a State. 
‘‘(b) STATE, DISTRICT, AND LOCAL COMMITTEES.— 
Any amount that is expended or disbursed for Federal 
election activity by a State, district, or local committee of 
a political party (including an entity that is directly or 
indirectly established, financed, maintained, or controlled 
by a State, district, or local committee of a political party 
and an officer or agent acting on behalf of such committee 
or entity), or by an association or similar group of can-
didates for State or local office or individuals holding 
State or local office, shall be made from funds subject to 
the limitations, prohibitions, and reporting requirements 
of this Act. 
‘‘(c) FUNDRAISING COSTS.—An amount spent by a 
person described in subsection (a) or (b) to raise funds 
that are used, in whole or in part, for expenditures and 
disbursements for a Federal election activity shall be made 
from funds subject to the limitations, prohibitions, and re-
porting requirements of this Act. 
‘‘(d) TAX-EXEMPT
ORGANIZATIONS.—A national, 
State, district, or local committee of a political party (in-
cluding a national congressional or Senatorial campaign 
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committee of a political party), an entity that is directly 
or indirectly established, financed, maintained, or con-
trolled by any such national, State, district, or local com-
mittee or its agent, and an officer or agent acting on be-
half of any such party committee or entity, shall not solicit 
any funds for, or make or direct any donations to— 
‘‘(1) an organization that is described in section 
501(c) of the Internal Revenue Code of 1986 and 
exempt from taxation under section 501(a) of such 
Code (or has submitted an application for deter-
mination of tax exempt status under such section) 
and that makes expenditures or disbursements in 
connection with an election for Federal office (in-
cluding expenditures or disbursements for Federal 
election activity); or 
‘‘(2) an organization described in section 527 of 
such Code (other than a political committee, a State, 
district, or local committee of a political party, or 
the authorized campaign committee of a candidate 
for State or local office). 
‘‘(e) FEDERAL CANDIDATES.— 
‘‘(1) IN
GENERAL.—A candidate, individual 
holding Federal office, agent of a candidate or an in-
dividual holding Federal office, or an entity directly 
or indirectly established, financed, maintained or 
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controlled by or acting on behalf of 1 or more can-
didates or individuals holding Federal office, shall 
not— 
‘‘(A) solicit, receive, direct, transfer, or 
spend funds in connection with an election for 
Federal office, including funds for any Federal 
election activity, unless the funds are subject to 
the limitations, prohibitions, and reporting re-
quirements of this Act; or 
‘‘(B) solicit, receive, direct, transfer, or 
spend funds in connection with any election 
other than an election for Federal office or dis-
burse funds in connection with such an election 
unless the funds— 
‘‘(i) are not in excess of the amounts 
permitted with respect to contributions to 
candidates and political committees under 
paragraphs (1), (2), and (3) of section 
315(a); and 
‘‘(ii) are not from sources prohibited 
by this Act from making contributions in 
connection with an election for Federal of-
fice. 
‘‘(2) STATE
LAW.—Paragraph (1) does not 
apply to the solicitation, receipt, or spending of 
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funds by an individual described in such paragraph 
who is also a candidate for a State or local office 
solely in connection with such election for State or 
local office if the solicitation, receipt, or spending of 
funds is permitted under State law and refers only 
to such State or local candidate, or to any other can-
didate for the State or local office sought by such 
candidate, or both. 
‘‘(3) FUNDRAISING EVENTS.—Notwithstanding 
paragraph (1), a candidate or an individual holding 
Federal office may attend, speak, or be a featured 
guest at a fundraising event for a State, district, or 
local committee of a political party. 
‘‘(4) LIMITATION APPLICABLE FOR PURPOSES 
OF SOLICITATION OF DONATIONS BY INDIVIDUALS 
TO CERTAIN ORGANIZATIONS.—In the case of the so-
licitation of funds by any person described in para-
graph (1) on behalf of any entity described in sub-
section (d) which is made specifically for funds to be 
used for activities described in clauses (i) and (ii) of 
section 301(20)(A), or made for any such entity 
which engages primarily in activities described in 
such clauses, the limitation applicable for purposes 
of a donation of funds by an individual shall be the 
limitation set forth in section 315(a)(1)(D). 
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‘‘(f) STATE CANDIDATES.— 
‘‘(1) IN GENERAL.—A candidate for State or 
local office, individual holding State or local office, 
or an agent of such a candidate or individual may 
not spend any funds for a communication described 
in section 301(20)(A)(iii) unless the funds are sub-
ject to the limitations, prohibitions, and reporting 
requirements of this Act. 
‘‘(2) EXCEPTION
FOR
CERTAIN
COMMUNICA-
TIONS.—Paragraph (1) shall not apply to an indi-
vidual described in such paragraph if the commu-
nication involved is in connection with an election for 
such State or local office and refers only to such in-
dividual or to any other candidate for the State or 
local office held or sought by such individual, or 
both.’’. 
(b) CONFORMING CERTAIN DEFINITIONS.— 
(1) FEDERAL
ELECTION
ACTIVITY.—Section 
301(20) of such Act (2 U.S.C. 431) is amended to 
read as follows: 
‘‘(20) FEDERAL ELECTION ACTIVITY.— 
‘‘(A) IN
GENERAL.—The term ‘Federal 
election activity’ means— 
‘‘(i) voter registration activity; 
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‘‘(ii) voter identification, get-out-the- 
vote activity, or generic campaign activity 
conducted in connection with an election in 
which a candidate for Federal office ap-
pears on the ballot (regardless of whether 
a candidate for State or local office also 
appears on the ballot); or 
‘‘(iii) a public communication that re-
fers to a clearly identified candidate for 
Federal office (regardless of whether a 
candidate for State or local office is also 
mentioned or identified) and that promotes 
or supports a candidate for that office, or 
attacks or opposes a candidate for that of-
fice (regardless of whether the communica-
tion expressly advocates a vote for or 
against a candidate). 
‘‘(B) EXCLUDED
ACTIVITY.—The term 
‘Federal election activity’ does not include an 
amount expended or disbursed by a State, dis-
trict, or local committee of a political party 
for— 
‘‘(i) a public communication that re-
fers solely to a clearly identified candidate 
for State or local office, if the communica-
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tion is not a Federal election activity de-
scribed in subparagraph (A)(i) or (ii); 
‘‘(ii) a contribution to a candidate for 
State or local office, provided the contribu-
tion is not designated or used to pay for a 
Federal election activity described in sub-
paragraph (A); or 
‘‘(iii) the costs of grassroots campaign 
materials, including buttons, bumper stick-
ers, and yard signs, that name or depict 
only a candidate for State or local office.’’. 
(2) MASS MAILING.—Section 301(23) of such 
Act (2 U.S.C. 431(23)) is amended by striking ‘‘30- 
day period’’ and inserting ‘‘1-year period’’. 
(3) TELEPHONE
BANK.—Section 301(24) of 
such Act (2 U.S.C. 431(24)) is amended by striking 
‘‘30-day period’’ and inserting ‘‘1-year period’’. 
SEC. 3. BAN ON USE OF SOFT MONEY BY CORPORATIONS 
AND 
LABOR 
ORGANIZATIONS 
FOR 
NON-
PARTISAN VOTER REGISTRATION AND GET- 
OUT-THE-VOTE ACTIVITIES. 
Section 316(b)(2) of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by striking 
‘‘(B) nonpartisan registration and get-out-the-vote cam-
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paigns’’ and all that follows through ‘‘and (C)’’ and insert-
ing ‘‘and (B)’’. 
SEC. 4. BAN ON USE OF SOFT MONEY FOR GET-OUT-THE- 
VOTE ACTIVITIES BY CERTAIN ORGANIZA-
TIONS. 
Title III of the Federal Election Campaign Act of 
1971 (2 U.S.C. 431 et seq.) is amended by adding at the 
end the following new section: 
‘‘BAN ON USE OF NONFEDERAL FUNDS FOR GET-OUT- 
THE-VOTE ACTIVITIES BY CERTAIN ORGANIZATIONS 
‘‘SEC. 325. (a) IN GENERAL.—Any amount expended 
or disbursed for get-out-the-vote activities by any organi-
zation described in subsection (b) shall be made from 
amounts subject to the limitations, prohibitions, and re-
porting requirements of this Act. 
‘‘(b) ORGANIZATIONS DESCRIBED.—An organization 
described in this subsection is— 
‘‘(1) an organization that is described in section 
501(c)(3) or 501(c)(4) of the Internal Revenue Code 
of 1986 and exempt from taxation under section 
501(a) of such Code (or has submitted an applica-
tion for determination of tax exempt status under 
such section); or 
‘‘(2) an organization described in section 527 of 
such Code (other than a State, district, or local com-
mittee of a political party, a candidate for State or 
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local office, or the authorized campaign committee of 
a candidate for State or local office).’’. 
SEC. 5. BAN ON USE OF SOFT MONEY FOR ANY PARTISAN 
VOTER REGISTRATION ACTIVITIES. 
Title III of the Federal Election Campaign Act of 
1971 (2 U.S.C. 431 et seq.), as amended by section 4, 
is further amended by adding at the end the following new 
section: 
‘‘BAN ON USE OF NONFEDERAL FUNDS FOR PARTISAN 
VOTER REGISTRATION ACTIVITIES 
‘‘SEC. 326. No person may expend or disburse any 
funds for partisan voter registration activity which are not 
subject to the limitations, prohibitions, and reporting re-
quirements of this Act.’’. 
SEC. 6. EFFECTIVE DATE. 
The amendments made by this Act shall apply with 
respect to elections occurring after December 2006. 
Æ 
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