I
105TH CONGRESS
1ST SESSION
H. R. 2529
To amend the Federal Election Campaign Act of 1971 to require certain
disclosure and reports relating to polling by telephone or electronic device,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 23, 1997
Mr. PETRI introduced the following bill; which was referred to the Committee
on House Oversight, and in addition to the Committee on Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To amend the Federal Election Campaign Act of 1971 to
require certain disclosure and reports relating to polling
by telephone or electronic device, 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. DISCLOSURE AND REPORTS RELATING TO
POLLING BY TELEPHONE OR ELECTRONIC
DEVICE.
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:
‘‘DISCLOSURE AND REPORTS RELATING TO POLLING BY
TELEPHONE OR ELECTRONIC DEVICE
‘‘SEC. 323. (a) Any person who conducts a Federal
election poll by telephone or electronic device shall disclose
to each respondent the identity of the person paying the
expenses of the poll. The disclosure shall be made at the
end of the interview involved.
‘‘(b) In the case of any Federal election poll by tele-
phone or electronic device—
‘‘(1) if the results are not to be made public,
the person who conducts the poll shall report to the
Commission the total cost of the poll and all sources
of funds for the poll; and
‘‘(2) the person who conducts the poll shall re-
port to the Commission the total number of house-
holds contacted and include with such report a copy
of the poll questions.
‘‘(c) As used in this section, the term ‘Federal elec-
tion poll’ means a survey—
‘‘(1) in which the respondent is asked to state
a preference in a future election for Federal office;
and
‘‘(2) in which more than 1,200 households are
surveyed.’’.
SEC. 2. TAX CREDIT FOR CERTAIN POLITICAL CONTRIBU-
TIONS.
(a) IN GENERAL.—Subpart A of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of
1986 (relating to nonrefundable personal credits) is
amended by inserting after section 22 the following new
section:
‘‘SEC. 23. CREDIT FOR POLITICAL CONTRIBUTIONS.
‘‘(a) IN GENERAL.—In the case of an individual,
there shall be allowed as a credit against the tax imposed
by this chapter for the taxable year an amount equal to
one-half of all political contributions, and all newsletter
fund contributions, paid by the taxpayer during the tax-
able year.
‘‘(b) LIMITATIONS.—
‘‘(1) MAXIMUM CREDIT.—The credit allowed by
subsection (a) shall not exceed $100 ($200 in the
case of a joint return).
‘‘(2) VERIFICATION.—The credit allowed by
subsection (a) shall be allowed, with respect to any
political contribution or newsletter fund contribution,
only if such contribution is verified in such manner
as the Secretary shall prescribe by regulation.
‘‘(c) DEFINITIONS.—For purposes of this section—
‘‘(1) 
CANDIDATE.—The 
term 
‘candidate’
means, with respect to any Federal, State, or local
elective public office, an individual who—
‘‘(A) publicly announces before the close of
the calendar year following the calendar year in
which the political contribution is made that the
individual is a candidate for nomination or elec-
tion to such office; and
‘‘(B) meets the qualifications prescribed by
law to hold such office.
‘‘(2) NATIONAL POLITICAL PARTY.—The term
‘national political party’ means—
‘‘(A) in the case of political contributions
made during a taxable year of the taxpayer in
which the electors of President and Vice Presi-
dent are chosen, a political party presenting
candidates or electors for such offices on the of-
ficial election ballot of ten or more States; or
‘‘(B) in the case of political contributions
made during any other taxable year of the tax-
payer, a political party which met the qualifica-
tions described in subparagraph (A) in the last
preceding election of a President and Vice
President.
‘‘(3) NEWSLETTER
FUND.—The term ‘news-
letter fund’ means a fund described in section
527(g)(1).
‘‘(4) POLITICAL
CONTRIBUTION.—The term
‘political contribution’ means a contribution or gift
of money, or the fair market value of a contribution
or gift of property, to—
‘‘(A) an individual who is a candidate for
nomination or election to any Federal, State, or
local elective public office in any primary, gen-
eral, or special election, for use by such individ-
ual to further the candidacy of the individual
for nomination or election to such office;
‘‘(B) any committee, association, or organi-
zation (whether or not incorporated) organized
and operated exclusively for the purposes of in-
fluencing, or attempting to influence, the nomi-
nation or election of one or more individuals
who are candidates for nomination or election
to any Federal, State, or local elective public of-
fice, for use by such committee, association, or
organization to further the candidacy of such
individual or individuals for nomination or elec-
tion to such office;
‘‘(C) the national committee of a national
political party;
‘‘(D) the State committee of a national po-
litical party as designated by the national com-
mittee of such party; or
‘‘(E) a local committee of a national politi-
cal party as designated by the State committee
of such party designated under subparagraph
(D).
‘‘(5) STATE
AND
LOCAL.—The term ‘State’
means the various States and the District of Colum-
bia; and the term ‘local’ means a political subdivi-
sion or part thereof, or two or more political subdivi-
sions or parts thereof, of a State.
‘‘(d) CROSS REFERENCES.—
‘‘For transfer of appreciated property to a politi-
cal organization, see section 84.
‘‘For certain indirect contributions to political
parties, see section 276.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for subpart A of part IV of subchapter A of chapter
1 of such Code (relating to nonrefundable personal cred-
its) is amended by inserting after the item relating to sec-
tion 22 the following new item:
‘‘Sec. 23. Credit for political contributions.’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31 of the calendar year in which this Act is
enacted.
SEC. 3. PRESIDENTIAL CAMPAIGN FUND.
(a) REPEAL OF PROVISIONS CONCERNING PRESI-
DENTIAL CAMPAIGN FUND.—The following provisions of
such Code are hereby repealed:
(1) Part VIII of subchapter A of chapter 61 of
subtitle F of such Code (relating to designation of
income tax payments to Presidential Election Cam-
paign Fund).
(2) Subtitle H (relating to financing of Presi-
dential election campaigns).
(b) CONFORMING AMENDMENTS.—
(1) TABLE OF PARTS.—The table of parts of
subchapter A of chapter 61 of subtitle F of such
Code is amended by striking the item relating to
part VIII.
(2) TABLE OF SUBTITLES.—The table of sub-
titles of such Code is amended by striking the item
relating to subtitle H.
(c) EFFECTIVE DATES.—
(1) DESIGNATION OF INCOME TAX PAYMENTS
TO
FUND.—The amendment made by subsection
(a)(1) applies to taxable years beginning after De-
cember 31, 1998.
(2) FINANCING
OF
PRESIDENTIAL
ELECTION
CAMPAIGNS.—The amendment made by subsection
(a)(2) shall take effect on the date that is 2 years
after the date of the enactment of this Act, except
that no payment may be made from the Presidential
Election Campaign Fund or the Presidential Pri-
mary Matching Payment Account with respect to
any Presidential election occurring more than 2
years after the date of the enactment of this Act.
(d) AMOUNTS REMAINING
IN FUNDS.—The Sec-
retary of the Treasury shall deposit into the Treasury of
the United States as miscellaneous receipts any amounts
that remain, on the date that is 2 years after the date
of the enactment of this Act, in the Presidential Election
Campaign Fund or the Presidential Primary Matching
Payment Account.
SEC. 4. REQUIRING MAJORITY OF SENATE AND HOUSE OF
REPRESENTATIVES CANDIDATE FUNDS TO
COME FROM INDIVIDUALS RESIDING IN THE
STATE IN WHICH THE ELECTION IS HELD.
(a) IN GENERAL.—Section 315 of the Federal Elec-
tion Campaign Act of 1971 (2 U.S.C. 441a) is amended
by adding at the end the following new subsection:
‘‘(i)(1) A candidate for the office of Senator or Rep-
resentative in, or Delegate or Resident Commissioner to,