I 
112TH CONGRESS 
1ST SESSION H. R. 1404 
To reform the financing of House elections, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 6, 2011 
Mr. LARSON of Connecticut (for himself, Ms. PINGREE of Maine, Mr. JONES, 
Ms. BALDWIN, Mr. BRALEY of Iowa, Mr. BUTTERFIELD, Mr. CAPUANO, 
Mr. COHEN, Mr. CONYERS, Mr. COOPER, Mr. COURTNEY, Mrs. DAVIS of 
California, Ms. DELAURO, Mr. DOYLE, Ms. EDWARDS, Mr. ELLISON, Ms. 
ESHOO, Mr. FILNER, Mr. GRIJALVA, Mr. HEINRICH, Mr. HINCHEY, Ms. 
HIRONO, Mr. HOLT, Mr. HONDA, Mr. ISRAEL, Mr. JACKSON of Illinois, 
Mr. KUCINICH, Ms. LEE of California, Mr. LEWIS of Georgia, Mr. 
LOEBSACK, Mr. LUJA´N, Ms. MATSUI, Mr. MCDERMOTT, Mr. GEORGE 
MILLER of California, Mr. MURPHY of Connecticut, Mr. NADLER, Mr. 
OLVER, Mr. POLIS, Mr. ROTHMAN of New Jersey, Mr. SARBANES, Ms. 
SCHAKOWSKY, Mr. SHERMAN, Mr. STARK, Mr. TONKO, Ms. TSONGAS, 
Ms. WOOLSEY, and Mr. YARMUTH) introduced the following bill; which 
was referred to the Committee on House Administration 
A BILL 
To reform the financing of House elections, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Fair Elections Now Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings and declarations. 
TITLE I—FAIR ELECTIONS FINANCING OF HOUSE ELECTION 
CAMPAIGNS 
Sec. 101. Benefits and eligibility requirements for House candidates. 
‘‘TITLE V—FAIR ELECTIONS FINANCING OF HOUSE ELECTION 
CAMPAIGNS 
‘‘Subtitle A—Benefits 
‘‘Sec. 501. Benefits for participating candidates. 
‘‘Sec. 502. Allocations from the Fund. 
‘‘Sec. 503. Matching payments for certain small dollar contributions. 
‘‘Subtitle B—Eligibility and Certification 
‘‘Sec. 511. Eligibility. 
‘‘Sec. 512. Qualifying requirements. 
‘‘Sec. 513. Certification. 
‘‘Subtitle C—Requirements for Candidates Certified as Participating 
Candidates 
‘‘Sec. 521. Contribution, expenditure, and fundraising requirements. 
‘‘Sec. 522. Debate requirement. 
‘‘Sec. 523. Remitting unspent funds after election. 
‘‘Subtitle D—Administrative Provisions 
‘‘Sec. 531. Fair Elections Fund. 
‘‘Sec. 532. Fair Elections Oversight Board. 
‘‘Sec. 533. Administration by Commission. 
‘‘Sec. 534. Violations and penalties. 
‘‘Sec. 535. Election cycle defined. 
Sec. 102. Transfer of portion of civil money penalties into Fair Elections Fund. 
Sec. 103. Prohibiting use of contributions by participating candidates for pur-
poses other than campaign for election. 
Sec. 104. Prohibition on joint fundraising committees. 
Sec. 105. Treatment of coordinated expenditures by political party committees 
on behalf of participating candidates. 
TITLE II—RESPONSIBILITIES OF THE FEDERAL ELECTION 
COMMISSION 
Sec. 201. Petition for certiorari. 
Sec. 202. Filing by all candidates with Commission. 
Sec. 203. Electronic filing of FEC reports. 
TITLE III—MISCELLANEOUS PROVISIONS 
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Sec. 301. Severability. 
Sec. 302. Effective date. 
SEC. 2. FINDINGS AND DECLARATIONS. 
(a) UNDERMINING OF DEMOCRACY BY CAMPAIGN 
CONTRIBUTIONS FROM PRIVATE SOURCES.—The House 
of Representatives finds and declares that the current sys-
tem of privately financed campaigns for election to the 
House of Representatives has the capacity, and is often 
perceived by the public, to undermine democracy in the 
United States by— 
(1) creating a culture that fosters actual or per-
ceived conflicts of interest, by encouraging Members 
of the House to accept large campaign contributions 
from private interests that are directly affected by 
Federal legislation; 
(2) diminishing or appearing to diminish Mem-
bers’ accountability to constituents by compelling 
legislators to be accountable to the major contribu-
tors who finance their election campaigns; 
(3) undermining the meaning of the right to 
vote by allowing monied interests to have a dis-
proportionate and unfair influence within the polit-
ical process; 
(4) imposing large, unwarranted costs on tax-
payers through legislative and regulatory distortions 
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caused by unequal access to lawmakers for campaign 
contributors; 
(5) making it difficult for some qualified can-
didates to mount competitive House election cam-
paigns; 
(6) disadvantaging challengers and discouraging 
competitive elections, because large campaign con-
tributors tend to donate their money to incumbent 
Members, thus causing House elections to be less 
competitive; and 
(7) burdening incumbents with a preoccupation 
with fundraising and thus decreasing the time avail-
able to carry out their public responsibilities. 
(b) ENHANCEMENT OF DEMOCRACY BY PROVIDING 
ALLOCATIONS FROM THE FAIR ELECTIONS FUND.—The 
House of Representatives finds and declares that pro-
viding the option of the replacement of large private cam-
paign contributions with allocations from the Fair Elec-
tions Fund for all primary, runoff, and general elections 
to the House of Representatives would enhance American 
democracy by— 
(1) reducing the actual or perceived conflicts of 
interest created by fully private financing of the elec-
tion campaigns of public officials and restoring pub-
lic confidence in the integrity and fairness of the 
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electoral and legislative processes through a program 
which allows participating candidates to adhere to 
substantially lower contribution limits for contribu-
tors with an assurance that there will be sufficient 
funds for such candidates to run viable electoral 
campaigns; 
(2) increasing the public’s confidence in the ac-
countability of Members to the constituents who 
elect them, which derives from the program’s quali-
fying criteria to participate in the voluntary program 
and the conclusions that constituents may draw re-
garding candidates who qualify and participate in 
the program; 
(3) helping to reduce the ability to make large 
campaign contributions as a determinant of a citi-
zen’s influence within the political process by facili-
tating the expression of support by voters at every 
level of wealth, encouraging political participation, 
incentivizing participation on the part of Members 
through the matching of small dollar contributions; 
(4) potentially saving taxpayers billions of dol-
lars that may be (or that are perceived to be) cur-
rently allocated based upon legislative and regu-
latory agendas skewed by the influence of campaign 
contributions; 
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(5) creating genuine opportunities for all Amer-
icans to run for the House of Representatives and 
encouraging more competitive elections; 
(6) encouraging participation in the electoral 
process by citizens of every level of wealth; and 
(7) freeing Members from the incessant pre-
occupation with raising money, and allowing them 
more time to carry out their public responsibilities. 
TITLE I—FAIR ELECTIONS FI-
NANCING OF HOUSE ELEC-
TION CAMPAIGNS 
SEC. 101. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR 
HOUSE CANDIDATES. 
The Federal Election Campaign Act of 1971 (2 
U.S.C. 431 et seq.) is amended by adding at the end the 
following: 
‘‘TITLE V—FAIR ELECTIONS FI-
NANCING OF HOUSE ELEC-
TION CAMPAIGNS 
‘‘Subtitle A—Benefits 
‘‘SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES. 
‘‘(a) IN GENERAL.—If a candidate for election to the 
office of Representative in, or Delegate or Resident Com-
missioner to, the Congress is a participating candidate 
under this title with respect to an election for such office, 
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the candidate shall be entitled to payments under this 
title, to be used only for authorized expenditures in con-
nection with the election. 
‘‘(b) TYPES OF PAYMENTS.—The payments to which 
a participating candidate is entitled under this section 
consist of— 
‘‘(1) allocations from the Fair Elections Fund, 
as provided in section 502; and 
‘‘(2) payments from the Fair Elections Fund to 
match certain small dollar contributions, as provided 
in section 503. 
‘‘SEC. 502. ALLOCATIONS FROM THE FUND. 
‘‘(a) AMOUNT OF ALLOCATIONS.— 
‘‘(1) PRIMARY ELECTION ALLOCATION; INITIAL 
ALLOCATION.—Except as provided in paragraph (6), 
the Commission shall make an allocation from the 
Fair Elections Fund established under section 531 
to a candidate who is certified as a participating 
candidate with respect to a primary election in an 
amount equal to 40 percent of the base amount. 
‘‘(2) PRIMARY
RUNOFF
ELECTION
ALLOCA-
TION.—The Commission shall make an allocation 
from the Fund to a candidate who is certified as a 
participating candidate with respect to a primary 
runoff election in an amount equal to 25 percent of 
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the amount the participating candidate was eligible 
to receive under this section for the primary election. 
‘‘(3) GENERAL
ELECTION
ALLOCATION.—Ex-
cept as provided in paragraph (6), the Commission 
shall make an allocation from the Fund to a can-
didate who is certified as a participating candidate 
with respect to a general election in an amount 
equal to 60 percent of the base amount. 
‘‘(4) GENERAL
RUNOFF
ELECTION
ALLOCA-
TION.—The Commission shall make an allocation 
from the Fund to a candidate who is certified as a 
participating candidate with respect to a general 
runoff election in an amount equal to 25 percent of 
the base amount. 
‘‘(5) RECOUNT
ALLOCATION.—If the appro-
priate State or local election official conducts a re-
count of an election, the Commission shall make an 
allocation from the Fund to a participating can-
didate for expenses relating to the recount in an 
amount equal to 25 percent of the amount the par-
ticipating candidate was eligible to receive under this 
section for the election involved. 
‘‘(6) UNCONTESTED ELECTIONS.— 
‘‘(A) IN GENERAL.—In the case of a pri-
mary or general election that is an uncontested 
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election, the Commission shall make an alloca-
tion from the Fund to a participating candidate 
for such election in an amount equal to 25 per-
cent of the allocation for that election with re-
spect to such candidate. 
‘‘(B) 
UNCONTESTED
ELECTION
DE-
FINED.—For purposes of this subparagraph, an 
election is uncontested if not more than 1 can-
didate has campaign funds (including payments 
from the Fund) in an amount equal to or great-
er than 10 percent of the allocation a candidate 
would be entitled to receive under this section 
for that election (determined without regard to 
this paragraph). 
‘‘(b) BASE AMOUNT.—The base amount is an amount 
equal to 80 percent of the national average disbursements 
of the cycle by winning candidates for the office of Rep-
resentative in, or Delegate or Resident Commissioner to, 
the Congress in the last 2 election cycles. 
‘‘(c) TIMING; METHOD OF PAYMENT.— 
‘‘(1) TIMING.—The Commission shall make the 
allocations required under subsection (a) to a par-
ticipating candidate— 
‘‘(A) in the case of amounts provided 
under subsection (a)(1), not later than 48 hours 
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after the date on which such candidate is cer-
tified as a participating candidate under section 
513; 
‘‘(B) in the case of a general election, not 
later than 48 hours after— 
‘‘(i) the date of the certification of the 
results of the primary election or the pri-
mary runoff election; or 
‘‘(ii) in any case in which there is no 
primary election, the date the candidate 
qualifies to be placed on the ballot; 
‘‘(C) in the case of a primary runoff elec-
tion or a general runoff election, not later than 
48 hours after the certification of the results of 
the primary election or the general election, as 
the case may be; and 
‘‘(D) in the case of a recount allocation, 
not later than 48 hours after the appropriate 
State or local election official orders the holding 
of the recount. 
‘‘(2) METHOD OF PAYMENT.—The Commission 
shall distribute funds available to participating can-
didates under this section through the use of an 
electronic funds exchange or a debit card. 
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‘‘SEC. 503. MATCHING PAYMENTS FOR CERTAIN SMALL 
DOLLAR CONTRIBUTIONS. 
‘‘(a) IN GENERAL.—The Commission shall pay to 
each participating candidate an amount equal to 500 per-
cent of the amount of qualified small dollar contributions 
received by the candidate from individuals who are resi-
dents of the State in which such participating candidate 
is seeking election. 
‘‘(b) LIMITATION.—The maximum payment under 
this section shall be the greater of— 
‘‘(1) 300 percent of the allocation under para-
graphs (1) through (4) of section 502(a) for that 
election with respect to such candidate; or 
‘‘(2) the percentage of the allocation determined 
by the Commission under section 532(c)(2). 
‘‘(c) TIME
OF PAYMENT.—The Commission shall 
make payments under this section not later than 2 busi-
ness days after the receipt of a report made under sub-
section (d). 
‘‘(d) REPORTS.— 
‘‘(1) IN
GENERAL.—Each participating can-
didate shall file reports of receipts of qualified small 
dollar contributions at such times and in such man-
ner as the Commission may by regulations prescribe. 
‘‘(2) CONTENTS
OF
REPORTS.—Each report 
under this subsection shall disclose— 
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‘‘(A) the amount of each qualified small 
dollar contribution received by the candidate; 
‘‘(B) the amount of each qualified small 
dollar contribution received by the candidate 
from a resident of the State in which the can-
didate is seeking election; and 
‘‘(C) the name, address, and occupation of 
each individual who made a qualified small dol-
lar contribution to the candidate. 
‘‘(3) FREQUENCY OF REPORTS.—Reports under 
this subsection shall be made no more frequently 
than— 
‘‘(A) once every month until the date that 
is 90 days before the date of the election; 
‘‘(B) once every week after the period de-
scribed in subparagraph (A) and until the date 
that is 21 days before the election; and 
‘‘(C) once every day after the period de-
scribed in subparagraph (B). 
‘‘(4) 
LIMITATION
ON
REGULATIONS.—The 
Commission may not prescribe any regulations with 
respect to reporting under this subsection with re-
spect to any election after the date that is 180 days 
before the date of such election. 
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‘‘(e) APPEALS.—The Commission shall provide a 
written explanation with respect to any denial of any pay-
ment under this section and shall provide for the oppor-
tunity for review and reconsideration within 5 business 
days of such denial. 
‘‘(f) QUALIFIED SMALL DOLLAR CONTRIBUTION DE-
FINED.—The term ‘qualified small dollar contribution’ 
means, with respect to a participating candidate, any con-
tribution (or a series of contributions)— 
‘‘(1) which is not a qualifying contribution (or 
does not include a qualifying contribution); 
‘‘(2) which is made by an individual who is not 
prohibited from making a contribution under this 
Act; and 
‘‘(3) the aggregate amount of which does not 
exceed the greater of— 
‘‘(A) $100 per election; or 
‘‘(B) the amount determined by the Fair 
Elections 
Oversight 
Board 
under 
section 
532(c)(2). 
‘‘Subtitle B—Eligibility and 
Certification 
‘‘SEC. 511. ELIGIBILITY. 
‘‘(a) IN GENERAL.—A candidate for the office of 
Representative in, or Delegate or Resident Commissioner 
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to, the Congress is eligible to be certified as a participating 
candidate under this title with respect to an election if 
the candidate meets the following requirements: 
‘‘(1) During the election cycle for the office in-
volved, the candidate files with the Commission a 
statement of intent to seek certification as a partici-
pating candidate. 
‘‘(2) The candidate meets the qualifying re-
quirements of section 512. 
‘‘(3) Not later than the last day of the Fair 
Elections qualifying period, the candidate files with 
the Commission an affidavit signed by the candidate 
and the treasurer of the candidate’s principal cam-
paign committee declaring that the candidate— 
‘‘(A) has complied and, if certified, will 
comply with the contribution and expenditure 
requirements of section 521; 
‘‘(B) if certified, will comply with the de-
bate requirements of section 522; 
‘‘(C) if certified, will run only as a partici-
pating candidate for all elections for the office 
that such candidate is seeking during the elec-
tion cycle; and 
‘‘(D) has either qualified or will take steps 
to qualify under State law to be on the ballot. 
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‘‘(b) GENERAL ELECTION.—Notwithstanding sub-
section (a), a candidate shall not be eligible to receive an 
allocation from the Fund for a general election or a gen-
eral runoff election unless the candidate’s party nominated 
the candidate to be placed on the ballot for the general 
election or the candidate is otherwise qualified to be on 
the ballot under State law. 
‘‘(c) FAIR ELECTIONS QUALIFYING PERIOD DE-
FINED.—The term ‘Fair Elections qualifying period’ 
means, with respect to any candidate for the office of Rep-
resentative in, or Delegate or Resident Commissioner to, 
the Congress, the 120-day period (during the election cycle 
for such office) which begins on the date on which the 
candidate files a statement of intent under section 
511(a)(1), except that such period may not continue after 
the date that is 60 days before— 
‘‘(1) the date of the primary election; or 
‘‘(2) in the case of a State that does not hold 
a primary election, the date prescribed by State law 
as the last day to qualify for a position on the gen-
eral election ballot. 
‘‘SEC. 512. QUALIFYING REQUIREMENTS. 
‘‘(a) RECEIPT OF QUALIFYING CONTRIBUTIONS.—A 
candidate for the office of Representative in, or Delegate 
or Resident Commissioner to, the Congress meets the re-
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quirement of this section if, during the Fair Elections 
qualifying period described in section 511(c), the can-
didate obtains— 
‘‘(1) a single qualifying contribution from a 
number of individuals equal to or greater than the 
lesser of— 
‘‘(A) .25% of the voting age population of 
the State involved (as reported in the most re-
cent decennial census); or 
‘‘(B) 1,500; and 
‘‘(2) a total dollar amount of qualifying con-
tributions equal to or greater than $50,000. 
‘‘(b) REQUIREMENTS RELATING
TO RECEIPT
OF 
QUALIFYING CONTRIBUTION.—Each qualifying contribu-
tion— 
‘‘(1) may be made by means of a personal 
check, money order, debit card, credit card, or elec-
tronic payment account; 
‘‘(2) shall be accompanied by a signed state-
ment containing— 
‘‘(A) the contributor’s name and the con-
tributor’s address in the State in which the pri-
mary residence of the contributor is located; 
‘‘(B) an oath declaring that the contrib-
utor— 
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‘‘(i) understands that the purpose of 
the qualifying contribution is to show sup-
port for the candidate so that the can-
didate may qualify for Fair Elections fi-
nancing; 
‘‘(ii) is making the contribution in his 
or her own name and from his or her own 
funds; 
‘‘(iii) has made the contribution will-
ingly; and 
‘‘(iv) has not received any thing of 
value in return for the contribution; and 
‘‘(3) shall be acknowledged by a receipt that is 
sent to the contributor with a copy kept by the can-
didate for the Commission and a copy kept by the 
candidate for the election authorities in the State 
with respect to which the candidate is seeking elec-
tion. 
‘‘(c) VERIFICATION
OF
QUALIFYING
CONTRIBU-
TIONS.—The Commission shall establish procedures for 
the auditing and verification of qualifying contributions to 
ensure that such contributions meet the requirements of 
this section. 
‘‘(d) PROHIBITING PAYMENT ON COMMISSION BASIS 
OF INDIVIDUALS COLLECTING QUALIFYING CONTRIBU-
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TIONS.—No person may be paid a commission on a per 
qualifying contribution basis for collecting qualifying con-
tributions. 
‘‘(e) QUALIFYING CONTRIBUTION DEFINED.—In this 
section, the term ‘qualifying contribution’ means, with re-
spect to a candidate, a contribution that— 
‘‘(1) is in an amount that is— 
‘‘(A) not less than the greater of $5 or the 
amount determined by the Commission under 
section 532(c)(2); and 
‘‘(B) not more than the greater of $100 or 
the amount determined by the Commission 
under section 532(c)(2); 
‘‘(2) is made by an individual— 
‘‘(A) who has a primary residence in the 
State in which such Candidate is seeking elec-
tion; and 
‘‘(B) who is not otherwise prohibited from 
making a contribution under this Act; 
‘‘(3) is made during the Fair Elections quali-
fying period described in section 511(c); and 
‘‘(4) meets the requirements of subsection (b). 
‘‘SEC. 513. CERTIFICATION. 
‘‘(a) DEADLINE AND NOTIFICATION.— 
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‘‘(1) IN GENERAL.—Not later than 5 days after 
a candidate files an affidavit under section 
511(a)(3), the Commission shall— 
‘‘(A) determine whether or not the can-
didate meets the requirements for certification 
as a participating candidate; 
‘‘(B) if the Commission determines that 
the candidate meets such requirements, certify 
the candidate as a participating candidate; and 
‘‘(C) notify the candidate of the Commis-
sion’s determination. 
‘‘(2) DEEMED CERTIFICATION FOR ALL ELEC-
TIONS IN ELECTION CYCLE.—If the Commission cer-
tifies a candidate as a participating candidate with 
respect to the first election of the election cycle in-
volved, the Commissioner shall be deemed to have 
certified the candidate as a participating candidate 
with respect to all subsequent elections of the elec-
tion cycle. 
‘‘(b) REVOCATION OF CERTIFICATION.— 
‘‘(1) IN GENERAL.—The Commission may re-
voke a certification under subsection (a) if— 
‘‘(A) a candidate fails to qualify to appear 
on the ballot at any time after the date of cer-
tification (other than a candidate certified as a 
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participating candidate with respect to a pri-
mary election who fails to qualify to appear on 
the ballot for a subsequent election in that elec-
tion cycle); or 
‘‘(B) a candidate otherwise fails to comply 
with the requirements of this title, including 
any regulatory requirements prescribed by the 
Commission. 
‘‘(2) REPAYMENT
OF
BENEFITS.—If certifi-
cation is revoked under paragraph (1), the candidate 
shall repay to the Fair Elections Fund established 
under section 531 an amount equal to the value of 
benefits received under this title with respect to the 
election cycle involved plus interest (at a rate deter-
mined by the Commission) on any such amount re-
ceived. 
‘‘(c) PARTICIPATING CANDIDATE DEFINED.—In this 
title, a ‘participating candidate’ means a candidate for the 
office of Representative in, or Delegate or Resident Com-
missioner to, the Congress who is certified under this sec-
tion as eligible to receive benefits under this title. 
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‘‘Subtitle C—Requirements for Can-
didates 
Certified 
as 
Partici-
pating Candidates 
‘‘SEC. 521. CONTRIBUTION, EXPENDITURE, AND FUND-
RAISING REQUIREMENTS. 
‘‘(a) CONTRIBUTIONS.— 
‘‘(1) PERMITTED
SOURCES
OF
CONTRIBU-
TIONS.—Except as provided in subsection (c), a can-
didate who is certified as a participating candidate 
with respect to an election shall, with respect to all 
elections occurring during the election cycle for the 
office involved, accept no contributions from any 
source (including an unexpended contribution re-
ceived by the candidate with respect to a previous 
election or a contribution made by any political com-
mittee or multicandidate committee) other than— 
‘‘(A) qualifying contributions described in 
section 512; 
‘‘(B) qualified small dollar contributions 
described in section 503; 
‘‘(C) allocations under section 502; and 
‘‘(D) payments under section 503. 
‘‘(2) CONTRIBUTIONS
FOR
LEADERSHIP
AND 
RELATED PACS.—A political committee of a partici-
pating candidate which is not an authorized com-
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‘‘(iv) payments under section 503; and 
‘‘(B) make no expenditures from personal 
funds or the funds of any immediate family 
member of the candidate (other than funds re-
ceived through qualified small dollar contribu-
tions and qualifying contributions). 
‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.— 
In paragraph (1)(B), the term ‘immediate family’ 
means, with respect to a candidate— 
‘‘(A) the candidate’s spouse; 
‘‘(B) a child, stepchild, parent, grand-
parent, brother, half-brother, sister, or half-sis-
ter of the candidate or the candidate’s spouse; 
and 
‘‘(C) the spouse of any person described in 
subparagraph (B). 
‘‘(c) EXCEPTIONS.— 
‘‘(1) EXCEPTION
FOR
CONTRIBUTIONS
RE-
CEIVED PRIOR TO FILING OF STATEMENT OF IN-
TENT.—A candidate who has accepted contributions 
that are not qualified small dollar contributions, 
qualifying contributions, or contributions described 
in paragraph (a)(2) prior to the date the candidate 
files a statement of intent under section 511(a)(1) 
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is not in violation of subsection (a), but only if all 
such contributions are— 
‘‘(A) returned to the contributor; 
‘‘(B) submitted to the Commission for de-
posit in the Fair Elections Fund established 
under section 531; or 
‘‘(C) spent in accordance with paragraph 
(2). 
‘‘(2) EXCEPTION
FOR
EXPENDITURES
MADE 
PRIOR TO FILING OF STATEMENT OF INTENT.—If a 
candidate has made expenditures prior to the date 
the candidate files a statement of intent under sec-
tion 511(a)(1) that the candidate is prohibited from 
making under subsection (b), the candidate is not in 
violation of such subsection if the aggregate amount 
of the prohibited expenditures is less than 20 per-
cent of the amount of an initial allocation to a can-
didate under section 502(a)(1). 
‘‘(3) EXCEPTION
FOR
CAMPAIGN
SURPLUSES 
FROM
A
PREVIOUS
ELECTION.—Notwithstanding 
paragraph (1), unexpended contributions received by 
the candidate or an authorized committee of the 
candidate with respect to a previous election may be 
retained, but only if the candidate places the funds 
in escrow and refrains from raising additional funds 
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for or spending funds from that account during the 
election cycle in which a candidate is a participating 
candidate. 
‘‘(4) EXCEPTION
FOR
CONTRIBUTIONS
RE-
CEIVED
BEFORE
THE
EFFECTIVE
DATE
OF
THIS 
TITLE.—Contributions received and expenditures 
made by the candidate or an authorized committee 
of the candidate prior to the effective date of this 
title shall not constitute a violation of subsection (a) 
or (b). Unexpended contributions shall be treated 
the same as campaign surpluses under paragraph 
(3), and expenditures made shall count against the 
limit in paragraph (2). 
‘‘(d) SPECIAL RULE FOR COORDINATED PARTY EX-
PENDITURES.—For purposes of this section, a payment 
made by a political party in coordination with a partici-
pating candidate shall not be treated as a contribution to 
or as an expenditure made by the participating candidate. 
‘‘SEC. 522. DEBATE REQUIREMENT. 
‘‘A candidate who is certified as a participating can-
didate with respect to an election shall, during the election 
cycle for the office involved, participate in at least— 
‘‘(1) 1 public debate before the primary election 
with other participating candidates and other willing 
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candidates from the same party and seeking the 
same nomination as such candidate; and 
‘‘(2) 2 public debates before the general election 
with other participating candidates and other willing 
candidates seeking the same office as such can-
didate. 
‘‘SEC. 523. REMITTING UNSPENT FUNDS AFTER ELECTION. 
‘‘(a) IN GENERAL.—Not later than the date that is 
60 days after the last election for which a candidate cer-
tified as a participating candidate qualifies to be on the 
ballot during the election cycle involved, such participating 
candidate shall remit to the Commission for deposit in the 
Fair Elections Fund established under section 531 an 
amount equal to the lesser of— 
‘‘(1) the amount of money in the candidate’s 
campaign account; or 
‘‘(2) the sum of the allocations received by the 
candidate under section 502 and the payments re-
ceived by the candidate under section 503. 
‘‘(b) EXCEPTION
FOR EXPENDITURES INCURRED 
BUT NOT PAID AS OF DATE OF REMITTANCE.— 
‘‘(1) IN GENERAL.—Subject to subsection (a), a 
candidate may withhold from the amount required to 
be remitted under paragraph (1) of such subsection 
the amount of any authorized expenditures which 
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were incurred in connection with the candidate’s 
campaign but which remain unpaid as of the dead-
line applicable to the candidate under such sub-
section, except that any amount withheld pursuant 
to this paragraph shall be remitted to the Commis-
sion not later than 120 days after the date of the 
election to which such subsection applies. 
‘‘(2) DOCUMENTATION
REQUIRED.—A can-
didate may withhold an amount of an expenditure 
pursuant to paragraph (1) only if the candidate sub-
mits documentation of the expenditure and the 
amount to the Commission not later than the dead-
line applicable to the candidate under subsection (a). 
‘‘Subtitle D—Administrative 
Provisions 
‘‘SEC. 531. FAIR ELECTIONS FUND. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Treasury a fund to be known as the ‘Fair Elections Fund’. 
‘‘(b) AMOUNTS HELD BY FUND.—The Fund shall 
consist of the following amounts: 
‘‘(1) APPROPRIATED AMOUNTS.—Amounts ap-
propriated to the Fund, including trust fund 
amounts appropriated pursuant to applicable provi-
sions of the Internal Revenue Code of 1986. 
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‘‘(2) VOLUNTARY CONTRIBUTIONS.—Voluntary 
contributions to the Fund. 
‘‘(3) TRANSFERS RESULTING FROM PAYMENT 
OF CIVIL PENALTIES.—Amounts transferred into the 
Fund pursuant to section 309(a)(13). 
‘‘(4) OTHER
DEPOSITS.—Amounts deposited 
into the Fund under— 
‘‘(A) section 521(a)(3) (relating to excep-
tions to contribution requirements); 
‘‘(B) section 523 (relating to remittance of 
allocations from the Fund); 
‘‘(C) section 534 (relating to violations); 
and 
‘‘(D) any other section of this Act. 
‘‘(5) INVESTMENT RETURNS.—Interest on, and 
the proceeds from, the sale or redemption of, any 
obligations held by the Fund under subsection (c). 
‘‘(c) INVESTMENT.—The Commission shall invest 
portions of the Fund in obligations of the United States 
in the same manner as provided under section 9602(b) 
of the Internal Revenue Code of 1986. 
‘‘(d) USE OF FUND.— 
‘‘(1) IN
GENERAL.—The sums in the Fund 
shall be used to provide benefits to participating 
candidates as provided in subtitle A. 
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‘‘(2) INSUFFICIENT AMOUNTS.—Under regula-
tions established by the Commission, rules similar to 
the rules of section 9006(c) of the Internal Revenue 
Code of 1986 shall apply. 
‘‘SEC. 532. FAIR ELECTIONS OVERSIGHT BOARD. 
‘‘(a) ESTABLISHMENT.—There is established within 
the Federal Election Commission an entity to be known 
as the ‘Fair Elections Oversight Board’. 
‘‘(b) STRUCTURE AND MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Board shall be com-
posed of 5 members appointed by the President, of 
whom— 
‘‘(A) 2 shall be appointed after consulta-
tion with the majority leader of the House of 
Representatives; 
‘‘(B) 2 shall be appointed after consulta-
tion with the minority leader of the House of 
Representatives; and 
‘‘(C) 1 shall be appointed upon the rec-
ommendation of the members appointed under 
subparagraphs (A) and (B). 
‘‘(2) QUALIFICATIONS.— 
‘‘(A) IN GENERAL.—The members shall be 
individuals who are nonpartisan and, by reason 
of their education, experience, and attainments, 
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exceptionally qualified to perform the duties of 
members of the Board. 
‘‘(B) PROHIBITION.—No member of the 
Board may be— 
‘‘(i) an employee of the Federal Gov-
ernment; 
‘‘(ii) a registered lobbyist or an indi-
vidual who was a registered lobbyist at any 
time during the 2-year period preceding 
appointment to the Board; or 
‘‘(iii) an officer or employee of a polit-
ical party or political campaign. 
‘‘(3) DATE.—Members of the Board shall be 
appointed not later than 60 days after the date of 
the enactment of this Act. 
‘‘(4) TERMS.—A member of the Board shall be 
appointed for a term of 5 years. 
‘‘(5) VACANCIES.—A vacancy on the Board 
shall be filled not later than 30 calendar days after 
the date on which the Board is given notice of the 
vacancy, in the same manner as the original ap-
pointment. The individual appointed to fill the va-
cancy shall serve only for the unexpired portion of 
the term for which the individual’s predecessor was 
appointed. 
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‘‘(6) CHAIRPERSON.—The Board shall des-
ignate a Chairperson from among the members of 
the Board. 
‘‘(c) DUTIES AND POWERS.— 
‘‘(1) ADMINISTRATION.—The Board shall have 
such duties and powers as the Commission may pre-
scribe, including the power to administer the provi-
sions of this title. 
‘‘(2) REVIEW
OF
FAIR
ELECTIONS
FINANC-
ING.— 
‘‘(A) IN GENERAL.—After each regularly 
scheduled general election for Federal office, 
the Board shall conduct a comprehensive review 
of the Fair Elections financing program under 
this title, including— 
‘‘(i) the maximum dollar amount of 
qualified small dollar contributions under 
section 503(f); 
‘‘(ii) the maximum and minimum dol-
lar amounts for qualifying contributions 
under section 512(d); 
‘‘(iii) the number and value of quali-
fying contributions a candidate is required 
to obtain under section 512(a) to be eligi-
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ble for certification as a participating can-
didate; 
‘‘(iv) the amount of allocations that 
candidates may receive under section 502; 
‘‘(v) the maximum amount of pay-
ments a candidate may receive under sec-
tion 503; 
‘‘(vi) the overall satisfaction of partici-
pating candidates and the American public 
with the program; and 
‘‘(vii) such other matters relating to 
financing of House of Representatives 
campaigns as the Board determines are 
appropriate. 
‘‘(B) CRITERIA
FOR
REVIEW.—In con-
ducting the review under subparagraph (A), the 
Board shall consider the following: 
‘‘(i) 
QUALIFYING
CONTRIBUTIONS 
AND
QUALIFIED
SMALL
DOLLAR
CON-
TRIBUTIONS.—The Board shall consider 
whether the number and dollar amount of 
qualifying contributions required and max-
imum dollar amount for such qualifying 
contributions and qualified small dollar 
contributions strikes a balance regarding 
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the importance of voter involvement, the 
need to assure adequate incentives for par-
ticipating, and fiscal responsibility, taking 
into consideration the number of primary 
and general election participating can-
didates, the electoral performance of those 
candidates, program cost, and any other 
information the Board determines is ap-
propriate. 
‘‘(ii) REVIEW
OF
PROGRAM
BENE-
FITS.—The Board shall consider whether 
the totality of the amount of funds allowed 
to be raised by participating candidates 
(including through qualifying contributions 
and small dollar contributions), allocations 
under section 502, and payments under 
section 503 are sufficient for voters in each 
State to learn about the candidates to cast 
an informed vote, taking into account the 
historic amount of spending by winning 
candidates, media costs, primary election 
dates, and any other information the 
Board determines is appropriate. 
‘‘(C) ADJUSTMENT OF AMOUNTS.— 
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‘‘(i) IN GENERAL.—Based on the re-
view conducted under subparagraph (A), 
the Board shall provide for the adjust-
ments of the following amounts: 
‘‘(I) the maximum dollar amount 
of qualified small dollar contributions 
under section 503(f); 
‘‘(II) the maximum and min-
imum dollar amounts for qualifying 
contributions under section 512(d); 
‘‘(III) the number and value of 
qualifying contributions a candidate is 
required to obtain under section 
512(a) to be eligible for certification 
as a participating candidate; 
‘‘(IV) the base amount for can-
didates under section 502(b); and 
‘‘(V) the maximum amount of 
matching contributions a candidate 
may receive under section 503(b). 
‘‘(ii) REGULATIONS.—The Commis-
sion shall promulgate regulations providing 
for the adjustments made by the Board 
under clause (i). 
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