52 U.S.C. § 30101 — Definitions

Page 89 TITLE 52—VOTING AND ELECTIONS § 30101 The Rehabilitation Act of 1973, referred to in subsec. (a)(6), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. CODIFICATION Section was formerly classified to section 15545 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Subtitle III—Federal Campaign Finance CHAPTER 301—FEDERAL ELECTION CAMPAIGNS SUBCHAPTER I—DISCLOSURE OF FEDERAL CAMPAIGN FUNDS Sec. 30101. Definitions. 30102. Organization of political committees. 30103. Registration of political committees. 30104. Reporting requirements. 30105. Reports on convention financing. 30106. Federal Election Commission. 30107. Powers of Commission. 30108. Advisory opinions. 30109. Enforcement. 30110. Judicial review. 30111. Administrative provisions. 30112. Maintenance of website of election reports. 30113. Statements filed with State officers; ‘‘appro- priate State’’ defined; duties of State offi- cers; waiver of duplicate filing requirement for States with electronic access. 30114. Use of contributed amounts for certain pur- poses. 30115. Authorization of appropriations. 30116. Limitations on contributions and expendi- tures. 30117. Modification of certain limits for House can- didates in response to personal fund expend- itures of opponents. 30118. Contributions or expenditures by national banks, corporations, or labor organizations. 30119. Contributions by Government contractors. 30120. Publication and distribution of statements and solicitations. 30121. Contributions and donations by foreign na- tionals. 30122. Contributions in name of another prohibited. 30123. Limitation on contribution of currency. 30124. Fraudulent misrepresentation of campaign authority. 30125. Soft money of political parties. 30126. Prohibition of contributions by minors. SUBCHAPTER II—GENERAL PROVISIONS 30141. Extension of credit by regulated industries; regulations. 30142. Prohibition against use of certain Federal funds for election activities. 30143. State laws affected. 30144. Partial invalidity. 30145. Period of limitations. 30146. Collection and use of conference fees. SUBCHAPTER I—DISCLOSURE OF FEDERAL CAMPAIGN FUNDS § 30101. Definitions When used in this Act: (1) The term ‘‘election’’ means— (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party which has authority to nominate a can- didate; (C) a primary election held for the selection of delegates to a national nominating conven- tion of a political party; and (D) a primary election held for the expres- sion of a preference for the nomination of indi- viduals for election to the office of President. (2) The term ‘‘candidate’’ means an individual who seeks nomination for election, or election, to Federal office, and for purposes of this para- graph, an individual shall be deemed to seek nomination for election, or election— (A) if such individual has received contribu- tions aggregating in excess of $5,000 or has made expenditures aggregating in excess of $5,000; or (B) if such individual has given his or her consent to another person to receive contribu- tions or make expenditures on behalf of such individual and if such person has received such contributions aggregating in excess of $5,000 or has made such expenditures aggregating in ex- cess of $5,000. (3) The term ‘‘Federal office’’ means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Com- missioner to, the Congress. (4) The term ‘‘political committee’’ means— (A) any committee, club, association, or other group of persons which receives con- tributions aggregating in excess of $1,000 dur- ing a calendar year or which makes expendi- tures aggregating in excess of $1,000 during a calendar year; or (B) any separate segregated fund established under the provisions of section 30118(b) of this title; or (C) any local committee of a political party which receives contributions aggregating in excess of $5,000 during a calendar year, or makes payments exempted from the definition of contribution or expenditure as defined in paragraphs (8) and (9) aggregating in excess of $5,000 during a calendar year, or makes con- tributions aggregating in excess of $1,000 dur- ing a calendar year or makes expenditures ag- gregating in excess of $1,000 during a calendar year. (5) The term ‘‘principal campaign committee’’ means a political committee designated and au- thorized by a candidate under section 30102(e)(1) of this title. (6) The term ‘‘authorized committee’’ means the principal campaign committee or any other political committee authorized by a candidate under section 30102(e)(1) of this title to receive contributions or make expenditures on behalf of such candidate. (7) The term ‘‘connected organization’’ means any organization which is not a political com- mittee but which directly or indirectly estab- lishes, administers or financially supports a po- litical committee. (8)(A) The term ‘‘contribution’’ includes— (i) any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of influencing any election for Federal office; or Page 90 TITLE 52—VOTING AND ELECTIONS § 30101 (ii) the payment by any person of compensa- tion for the personal services of another per- son which are rendered to a political com- mittee without charge for any purpose. (B) The term ‘‘contribution’’ does not in- clude— (i) the value of services provided without compensation by any individual who volun- teers on behalf of a candidate or political com- mittee; (ii) the use of real or personal property, in- cluding a church or community room used on a regular basis by members of a community for noncommercial purposes, and the cost of invitations, food, and beverages, voluntarily provided by an individual to any candidate or any political committee of a political party in rendering voluntary personal services on the individual’s residential premises or in the church or community room for candidate-re- lated or political party-related activities, to the extent that the cumulative value of such invitations, food, and beverages provided by such individual on behalf of any single can- didate does not exceed $1,000 with respect to any single election, and on behalf of all polit- ical committees of a political party does not exceed $2,000 in any calendar year; (iii) the sale of any food or beverage by a vendor for use in any candidate’s campaign or for use by or on behalf of any political com- mittee of a political party at a charge less than the normal comparable charge, if such charge is at least equal to the cost of such food or beverage to the vendor, to the extent that the cumulative value of such activity by such vendor on behalf of any single candidate does not exceed $1,000 with respect to any sin- gle election, and on behalf of all political com- mittees of a political party does not exceed $2,000 in any calendar year; (iv) any unreimbursed payment for travel expenses made by any individual on behalf of any candidate or any political committee of a political party, to the extent that the cumu- lative value of such activity by such indi- vidual on behalf of any single candidate does not exceed $1,000 with respect to any single election, and on behalf of all political commit- tees of a political party does not exceed $2,000 in any calendar year; (v) the payment by a State or local com- mittee of a political party of the costs of prep- aration, display, or mailing or other distribu- tion incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply to any cost incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in news- papers, magazines, or similar types of general public political advertising; (vi) any payment made or obligation in- curred by a corporation or a labor organiza- tion which, under section 30118(b) of this title, would not constitute an expenditure by such corporation or labor organization; (vii) any loan of money by a State bank, a federally chartered depository institution, or a depository institution the deposits or ac- counts of which are insured by the Federal De- posit Insurance Corporation, Federal Savings and Loan Insurance Corporation, or the Na- tional Credit Union Administration, other than any overdraft made with respect to a checking or savings account, made in accord- ance with applicable law and in the ordinary course of business, but such loan— (I) shall be considered a loan by each en- dorser or guarantor, in that proportion of the unpaid balance that each endorser or guarantor bears to the total number of en- dorsers or guarantors; (II) shall be made on a basis which assures repayment, evidenced by a written instru- ment, and subject to a due date or amortiza- tion schedule; and (III) shall bear the usual and customary in- terest rate of the lending institution; (viii) any legal or accounting services ren- dered to or on behalf of— (I) any political committee of a political party if the person paying for such services is the regular employer of the person ren- dering such services and if such services are not attributable to activities which directly further the election of any designated can- didate to Federal office; or (II) an authorized committee of a can- didate or any other political committee, if the person paying for such services is the regular employer of the individual rendering such services and if such services are solely for the purpose of ensuring compliance with this Act or chapter 95 or chapter 96 of title 26, but amounts paid or incurred by the regular employer for such legal or accounting services shall be reported in accordance with section 30104(b) of this title by the committee receiv- ing such services; (ix) the payment by a State or local com- mittee of a political party of the costs of cam- paign materials (such as pins, bumper stick- ers, handbills, brochures, posters, party tab- loids, and yard signs) used by such committee in connection with volunteer activities on be- half of nominees of such party: Provided, That— (1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, news- paper, magazine, billboard, direct mail, or similar type of general public communica- tion or political advertising; (2) such payments are made from contribu- tions subject to the limitations and prohibi- tions of this Act; and (3) such payments are not made from con- tributions designated to be spent on behalf of a particular candidate or particular can- didates; (x) the payment by a candidate, for nomina- tion or election to any public office (including State or local office), or authorized committee of a candidate, of the costs of campaign mate- rials which include information on or ref- erenced to any other candidate and which are used in connection with volunteer activities Page 91 TITLE 52—VOTING AND ELECTIONS § 30101 (including pins, bumper stickers, handbills, brochures, posters, and yard signs, but not in- cluding the use of broadcasting, newspapers, magazines, billboards, direct mail, or similar types of general public communication or po- litical advertising): Provided, That such pay- ments are made from contributions subject to the limitations and prohibitions of this Act; (xi) the payment by a State or local com- mittee of a political party of the costs of voter registration and get-out-the-vote activities conducted by such committee on behalf of nominees of such party for President and Vice President: Provided, That— (1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, news- paper, magazine, billboard, direct mail, or similar type of general public communica- tion or political advertising; (2) such payments are made from contribu- tions subject to the limitations and prohibi- tions of this Act; and (3) such payments are not made from con- tributions designated to be spent on behalf of a particular candidate or candidates; (xii) payments made by a candidate or the authorized committee of a candidate as a con- dition of ballot access and payments received by any political party committee as a condi- tion of ballot access; (xiii) any honorarium (within the meaning of section 30125 of this title); and (xiv) any loan of money derived from an ad- vance on a candidate’s brokerage account, credit card, home equity line of credit, or other line of credit available to the candidate, if such loan is made in accordance with appli- cable law and under commercially reasonable terms and if the person making such loan makes loans derived from an advance on the candidate’s brokerage account, credit card, home equity line of credit, or other line of credit in the normal course of the person’s business. (9)(A) The term ‘‘expenditure’’ includes— (i) any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made by any person for the purpose of influencing any election for Federal office; and (ii) a written contract, promise, or agree- ment to make an expenditure. (B) The term ‘‘expenditure’’ does not include— (i) any news story, commentary, or editorial distributed through the facilities of any broad- casting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; (ii) nonpartisan activity designed to encour- age individuals to vote or to register to vote; (iii) any communication by any membership organization or corporation to its members, stockholders, or executive or administrative personnel, if such membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election, or election, of any individual to Fed- eral office, except that the costs incurred by a membership organization (including a labor organization) or by a corporation directly at- tributable to a communication expressly advo- cating the election or defeat of a clearly iden- tified candidate (other than a communication primarily devoted to subjects other than the express advocacy of the election or defeat of a clearly identified candidate), shall, if such costs exceed $2,000 for any election, be re- ported to the Commission in accordance with section 30104(a)(4)(A)(i) of this title, and in ac- cordance with section 30104(a)(4)(A)(ii) of this title with respect to any general election; (iv) the payment by a State or local com- mittee of a political party of the costs of prep- aration, display, or mailing or other distribu- tion incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply to costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in news- papers, magazines, or similar types of general public political advertising; (v) any payment made or obligation incurred by a corporation or a labor organization which, under section 30118(b) of this title, would not constitute an expenditure by such corporation or labor organization; (vi) any costs incurred by an authorized committee or candidate in connection with the solicitation of contributions on behalf of such candidate, except that this clause shall not apply with respect to costs incurred by an authorized committee of a candidate in excess of an amount equal to 20 percent of the ex- penditure limitation applicable to such can- didate under section 30116(b) of this title, but all such costs shall be reported in accordance with section 30104(b) of this title; (vii) the payment of compensation for legal or accounting services— (I) rendered to or on behalf of any political committee of a political party if the person paying for such services is the regular em- ployer of the individual rendering such serv- ices, and if such services are not attrib- utable to activities which directly further the election of any designated candidate to Federal office; or (II) rendered to or on behalf of a candidate or political committee if the person paying for such services is the regular employer of the individual rendering such services, and if such services are solely for the purpose of ensuring compliance with this Act or chap- ter 95 or chapter 96 of title 26, but amounts paid or incurred by the regular employer for such legal or accounting services shall be reported in accordance with section 30104(b) of this title by the committee receiv- ing such services; (viii) the payment by a State or local com- mittee of a political party of the costs of cam- paign materials (such as pins, bumper stick- ers, handbills, brochures, posters, party tab- loids, and yard signs) used by such committee in connection with volunteer activities on be- Page 92 TITLE 52—VOTING AND ELECTIONS § 30101 half of nominees of such party: Provided, That— (1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, news- paper, magazine, billboard, direct mail, or similar type of general public communica- tion or political advertising; (2) such payments are made from contribu- tions subject to the limitations and prohibi- tions of this Act; and (3) such payments are not made from con- tributions designated to be spent on behalf of a particular candidate or particular can- didates; (ix) the payment by a State or local com- mittee of a political party of the costs of voter registration and get-out-the-vote activities conducted by such committee on behalf of nominees of such party for President and Vice President: Provided, That— (1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, news- paper, magazine, billboard, direct mail, or similar type of general public communica- tion or political advertising; (2) such payments are made from contribu- tions subject to the limitations and prohibi- tions of this Act; and (3) such payments are not made from con- tributions designated to be spent on behalf of a particular candidate or candidates; and (x) payments received by a political party committee as a condition of ballot access which are transferred to another political party committee or the appropriate State offi- cial. (10) The term ‘‘Commission’’ means the Fed- eral Election Commission. (11) The term ‘‘person’’ includes an individual, partnership, committee, association, corpora- tion, labor organization, or any other organiza- tion or group of persons, but such term does not include the Federal Government or any author- ity of the Federal Government. (12) The term ‘‘State’’ means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. (13) The term ‘‘identification’’ means— (A) in the case of any individual, the name, the mailing address, and the occupation of such individual, as well as the name of his or her employer; and (B) in the case of any other person, the full name and address of such person. (14) The term ‘‘national committee’’ means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to- day operation of such political party at the na- tional level, as determined by the Commission. (15) The term ‘‘State committee’’ means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level, as determined by the Commission. (16) The term ‘‘political party’’ means an asso- ciation, committee, or organization which nomi- nates a candidate for election to any Federal of- fice whose name appears on the election ballot as the candidate of such association, committee, or organization. (17) INDEPENDENT EXPENDITURE.—The term ‘‘independent expenditure’’ means an expendi- ture by a person— (A) expressly advocating the election or de- feat of a clearly identified candidate; and (B) that is not made in concert or coopera- tion with or at the request or suggestion of such candidate, the candidate’s authorized po- litical committee, or their agents, or a polit- ical party committee or its agents. (18) The term ‘‘clearly identified’’ means that— (A) the name of the candidate involved ap- pears; (B) a photograph or drawing of the candidate appears; or (C) the identity of the candidate is apparent by unambiguous reference. (19) The term ‘‘Act’’ means the Federal Elec- tion Campaign Act of 1971 as amended. (20) FEDERAL ELECTION ACTIVITY.— (A) IN GENERAL.—The term ‘‘Federal election activity’’ means— (i) voter registration activity during the period that begins on the date that is 120 days before the date a regularly scheduled Federal election is held and ends on the date of the election; (ii) voter identification, get-out-the-vote activity, or generic campaign activity con- ducted in connection with an election in which a candidate for Federal office appears on the ballot (regardless of whether a can- didate for State or local office also appears on the ballot); (iii) a public communication that refers to a clearly identified candidate for Federal of- fice (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 op- poses a candidate for that office (regardless of whether the communication expressly ad- vocates a vote for or against a candidate); or (iv) services provided during any month by an employee of a State, district, or local committee of a political party who spends more than 25 percent of that individual’s compensated time during that month on ac- tivities in connection with a Federal elec- tion. (B) EXCLUDED ACTIVITY.—The term ‘‘Federal election activity’’ does not include an amount expended or disbursed by a State, district, or local committee of a political party for— (i) a public communication that refers solely to a clearly identified candidate for State or local office, if the communication is not a Federal election activity described in subparagraph (A)(i) or (ii); (ii) a contribution to a candidate for State or local office, provided the contribution is not designated to pay for a Federal election activity described in subparagraph (A); (iii) the costs of a State, district, or local political convention; and Page 93 TITLE 52—VOTING AND ELECTIONS § 30101 (iv) the costs of grassroots campaign mate- rials, including buttons, bumper stickers, and yard signs, that name or depict only a candidate for State or local office. (21) GENERIC CAMPAIGN ACTIVITY.—The term ‘‘generic campaign activity’’ means a campaign activity that promotes a political party and does not promote a candidate or non-Federal candidate. (22) PUBLIC COMMUNICATION.—The term ‘‘public communication’’ means a communication by means of any broadcast, cable, or satellite com- munication, newspaper, magazine, outdoor ad- vertising facility, mass mailing, or telephone bank to the general public, or any other form of general public political advertising. (23) MASS MAILING.—The term ‘‘mass mailing’’ means a mailing by United States mail or fac- simile of more than 500 pieces of mail matter of an identical or substantially similar nature within any 30-day period. (24) TELEPHONE BANK.—The term ‘‘telephone bank’’ means more than 500 telephone calls of an identical or substantially similar nature within any 30-day period. (25) ELECTION CYCLE.—For purposes of sections 30116(i) and 30117 of this title and paragraph (26), the term ‘‘election cycle’’ means the period be- ginning on the day after the date of the most re- cent election for the specific office or seat that a candidate is seeking and ending on the date of the next election for that office or seat. For pur- poses of the preceding sentence, a primary elec- tion and a general election shall be considered to be separate elections. (26) PERSONAL FUNDS.—The term ‘‘personal funds’’ means an amount that is derived from— (A) any asset that, under applicable State law, at the time the individual became a can- didate, the candidate had legal right of access to or control over, and with respect to which the candidate had— (i) legal and rightful title; or (ii) an equitable interest; (B) income received during the current elec- tion cycle of the candidate, including— (i) a salary and other earned income from bona fide employment; (ii) dividends and proceeds from the sale of the candidate’s stocks or other investments; (iii) bequests to the candidate; (iv) income from trusts established before the beginning of the election cycle; (v) income from trusts established by be- quest after the beginning of the election cycle of which the candidate is the bene- ficiary; (vi) gifts of a personal nature that had been customarily received by the candidate prior to the beginning of the election cycle; and (vii) proceeds from lotteries and similar legal games of chance; and (C) a portion of assets that are jointly owned by the candidate and the candidate’s spouse equal to the candidate’s share of the asset under the instrument of conveyance or owner- ship, but if no specific share is indicated by an instrument of conveyance or ownership, the value of 1⁄2 of the property. (Pub. L. 92–225, title III, § 301, Feb. 7, 1972, 86 Stat. 11; Pub. L. 93–443, title II, §§ 201(a), 208(c)(1), Oct. 15, 1974, 88 Stat. 1272, 1286; Pub. L. 94–283, title I, §§ 102, 115(d), (h), May 11, 1976, 90 Stat. 478, 495, 496; Pub. L. 96–187, title I, § 101, Jan. 8, 1980, 93 Stat. 1339; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 106–346, § 101(a) [title V, § 502(b)], Oct. 23, 2000, 114 Stat. 1356, 1356A–49; Pub. L. 107–155, title I, §§ 101(b), 103(b)(1), title II, § 211, title III, § 304(c), Mar. 27, 2002, 116 Stat. 85, 87, 92, 100.) Editorial Notes REFERENCES IN TEXT The Federal Election Campaign Act of 1971, as amended, referred to in par. (19), is Pub. L. 92–225, Feb. 7, 1972, 86 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 431 of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. Some section numbers ref- erenced in amendment notes below reflect the classi- fication of such sections prior to their editorial reclas- sification to this title. AMENDMENTS 2002—Par. (8)(B)(viii) to (xv). Pub. L. 107–155, § 103(b)(1), redesignated cls. (ix) to (xv) as (viii) to (xiv), respectively, and struck out former cl. (viii) which read as follows: ‘‘any gift, subscription, loan, advance, or de- posit of money or anything of value to a national or a State committee of a political party specifically des- ignated to defray any cost for construction or purchase of any office facility not acquired for the purpose of in- fluencing the election of any candidate in any par- ticular election for Federal office;’’. Par. (17). Pub. L. 107–155, § 211, added par. (17) and struck out former par. (17) which read as follows: ‘‘The term ‘independent expenditure’ means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with any candidate, or any authorized committee or agent of such candidate, and which is not made in concert with, or at the request or suggestion of, any candidate, or any authorized com- mittee or agent of such candidate.’’ Pars. (20) to (24). Pub. L. 107–155, § 101(b), added pars. (20) to (24). Pars. (25), (26). Pub. L. 107–155, § 304(c), added pars. (25) and (26). 2000—Par. (8)(B)(xv). Pub. L. 106–346 added cl. (xv). 1986—Pars. (8)(B)(ix)(II), (9)(A)(vii)(II). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Inter- nal Revenue Code of 1954’’, which for purposes of codi- fication was translated as ‘‘title 26’’ thus requiring no change in text. 1980—Pub. L. 96–187 changed the section designations from letters to numbers, and as so redesignated, sub- stantially redefined the terms applicable to the provi- sions of this Act. 1976—Subsec. (a)(2). Pub. L. 94–283, § 102(a), sub- stituted ‘‘party which has authority to nominate’’ for ‘‘party held to nominate’’. Subsec. (e)(2). Pub. L. 94–283, § 102(b), substituted ‘‘written contract, promise, or agreement,’’ for ‘‘con- tract, promise, or agreement, expressed or implied,’’. Subsec. (e)(4). Pub. L. 94–283, § 102(c), inserted provi- sions establishing an exception for legal or accounting services. Subsec. (e)(5). Pub. L. 94–283, §§ 102(d), (e), 115(d)(1), substituted ‘‘section 441b(b) of this title’’ for ‘‘the last paragraph of section 610 of title 18, United States Code’’ in cl. (F), added cls. (G), (H), and (I), and, in the provi- Page 94 TITLE 52—VOTING AND ELECTIONS § 30101 sions following cl. (I), substituted ‘‘person’’ for ‘‘indi- vidual’’. Subsec. (f)(4). Pub. L. 94–283, §§ 102(f), 115(d)(2), in- serted provisions in cl. (C) requiring the reporting to the Commission of costs directly attributable to a com- munication expressly advocating the election or defeat of a clearly identifiable candidate if those costs should exceed $2,000 per election, substituted ‘‘section 441b(b) of this title’’ for ‘‘the last paragraph of section 610 of title 18, United States Code’’ in cl. (H), and added cls. (I), (J), and (K). Subsec. (n). Pub. L. 94–283, § 115(h), substituted ‘‘sec- tion 432(e) (1) of this title’’ for ‘‘section 432(f)(1) of this title’’. Subsecs. (o) to (q). Pub. L. 94–283, § 102(g)(3), added subsecs. (o) to (q). 1974—Pub. L. 93–443, § 201(a)(1), inserted introductory reference to title IV of this Act, which for purposes of codification is translated as subchapter II of this chap- ter. Subsec. (a)(5). Pub. L. 93–443, § 201(a)(2), struck out from definition of ‘‘election’’ the election of delegates to a constitutional convention for proposing amend- ments to the Constitution of the United States. Subsec. (d). Pub. L. 93–443, § 201(a)(3), inserted ref- erence to ‘‘club,’’ before ‘‘association’’ and substituted ‘‘other group of persons’’ and ‘‘receives’’ for ‘‘organiza- tion’’ and ‘‘accepts’’. Subsec. (e). Pub. L. 93–443, § 201(a)(4), transferred the word ‘‘means’’ after introductory word ‘‘contribution’’ to become the initial word in pars. (1) to (4); in par. (1), incorporated existing provisions in provisions des- ignated subpars. (A) and (B), and deleted former provi- sions respecting contributions for the purpose of influ- encing the nomination for election, or election, of any person as a presidential election or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitu- tion of the United States; in par. (2), provided for ex- press or implied transactions; in par. (3), substitution of ‘‘funds received by a political committee which are transferred to such committee from another political committee or other source’’ for ‘‘a transfer of funds be- tween political committees’’; inserted at end of par. (4) the word ‘‘but’’; and added par. (5). Subsec. (f). Pub. L. 93–443, § 201(a)(5), transferred the word ‘‘means’’ following introductory word ‘‘expendi- ture’’ to become the initial word in pars. (1) to (3); in par. (1), incorporated existing provisions in provisions designated subpars. (A) to (C) and deleted end text reading ‘‘, or for the purpose of influencing the election of delegates to a constitutional convention for pro- posing amendments to the Constitution of the United States’’; in par. (2), provided for express or implied transactions; in par. (3), substituted ‘‘the transfer of funds by a political committee to another political committee; but’’ for ‘‘a transfer of funds between polit- ical committees’’; and added par. (4). Subsec. (g). Pub. L. 93–443, § 208(c)(1), substituted defi- nition of ‘‘Commission’’ for ‘‘supervisory officer’’. Subsecs. (j) to (n). Pub. L. 93–443, § 201(a)(6)–(8), added subsecs. (j) to (n). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT; REGULATIONS Pub. L. 107–155, title IV, § 402, Mar. 27, 2002, 116 Stat. 112, provided that: ‘‘(a) GENERAL EFFECTIVE DATE.— ‘‘(1) IN GENERAL.—Except as provided in the suc- ceeding provisions of this section, the effective date of this Act [see Tables for classification], and the amendments made by this Act, is November 6, 2002. ‘‘(2) MODIFICATION OF CONTRIBUTION LIMITS.—The amendments made by— ‘‘(A) section 102 [amending section 30116 of this title] shall apply with respect to contributions made on or after January 1, 2003; and ‘‘(B) section 307 [amending section 30116 of this title] shall take effect as provided in subsection (e) of such section [enacting provisions set out as a note under section 30116 of this title]. ‘‘(3) SEVERABILITY; EFFECTIVE DATES AND REGULA- TIONS; JUDICIAL REVIEW.—Title IV [enacting provi- sions set out as notes under sections 30110 and 30144 of this title] shall take effect on the date of enact- ment of this Act [Mar. 27, 2002]. ‘‘(4) PROVISIONS NOT TO APPLY TO RUNOFF ELEC- TIONS.—Section 323(b) of the Federal Election Cam- paign Act of 1971 [52 U.S.C. 30125(b)] (as added by sec- tion 101(a)), section 103(a) [amending section 30104 of this title], title II [amending this section and sec- tions 30104, 30116, and 30118 of this title and enacting provisions set out as notes under sections 30104 and 30116 of this title], sections 304 [amending this section and sections 30104 and 30116 of this title] (including section 315(j) of Federal Election Campaign Act of 1971 [52 U.S.C. 30116(j)], as added by section 304(a)(2)), 305 [amending section 315 of Title 47, Telecommuni- cations, and enacting provisions set out as a note under section 315 of Title 47] (notwithstanding sub- section (c) of such section [enacting provisions set out as a note under section 315 of Title 47]), 311 [amending section 30120 of this title], 316 [amending section 30116 of this title], 318 [enacting section 30126 of this title], and 319 [enacting section 30117 of this title and amending section 30116 of this title], and title V [enacting section 30112 of this title and amending section 30104 of this title and section 315 of Title 47] (and the amendments made by such sections and titles) shall take effect on November 6, 2002, but shall not apply with respect to runoff elections, re- counts, or election contests resulting from elections held prior to such date. ‘‘(b) SOFT MONEY OF NATIONAL POLITICAL PARTIES.— ‘‘(1) IN GENERAL.—Except for subsection (b) of such section, section 323 of the Federal Election Campaign Act of 1971 [52 U.S.C. 30125] (as added by section 101(a)) shall take effect on November 6, 2002. ‘‘(2) TRANSITIONAL RULES FOR THE SPENDING OF SOFT MONEY OF NATIONAL POLITICAL PARTIES.— ‘‘(A) IN GENERAL.—Notwithstanding section 323(a) of the Federal Election Campaign Act of 1971 [52 U.S.C. 30125(a)] (as added by section 101(a)), if a na- tional committee of a political party described in such section (including any person who is subject to such section under paragraph (2) of such section), has received funds described in such section prior to November 6, 2002, the rules described in subpara- graph (B) shall apply with respect to the spending of the amount of such funds in the possession of such committee as of such date. ‘‘(B) USE OF EXCESS SOFT MONEY FUNDS.— ‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii), the national committee of a political party may use the amount described in subparagraph (A) prior to January 1, 2003, solely for the purpose of— ‘‘(I) retiring outstanding debts or obligations that were incurred solely in connection with an election held prior to November 6, 2002; or ‘‘(II) paying expenses or retiring outstanding debts or paying for obligations that were in- curred solely in connection with any runoff election, recount, or election contest resulting from an election held prior to November 6, 2002. ‘‘(ii) PROHIBITION ON USING SOFT MONEY FOR HARD MONEY EXPENSES, DEBTS, AND OBLIGATIONS.—A na- tional committee of a political party may not use the amount described in subparagraph (A) for any expenditure (as defined in section 301(9) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)) [now 52 U.S.C. 30101(9)]) or for retiring out- standing debts or obligations that were incurred for such an expenditure. ‘‘(iii) PROHIBITION OF BUILDING FUND USES.—A national committee of a political party may not use the amount described in subparagraph (A) for activities to defray the costs of the construction or purchase of any office building or facility. Page 95 TITLE 52—VOTING AND ELECTIONS § 30102 ‘‘(c) REGULATIONS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the Federal Election Commission shall promul- gate regulations to carry out this Act [see Tables for classification] and the amendments made by this Act that are under the Commission’s jurisdiction not later than 270 days after the date of enactment of this Act [Mar. 27, 2002]. ‘‘(2) SOFT MONEY OF POLITICAL PARTIES.—Not later than 90 days after the date of enactment of this Act, the Federal Election Commission shall promulgate regulations to carry out title I of this Act [enacting section 30125 of this title and amending this section and sections 30104, 30116, and 30143 of this title] and the amendments made by such title.’’ EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–346, § 101(a) [title V, § 502(d)], Oct. 23, 2000, 114 Stat. 1356, 1356A–50, provided that: ‘‘The amend- ments made by this section [amending this section and section 30104 of this title] shall apply with respect to elections occurring after January 2001.’’ EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–187, title III, § 301, Jan. 8, 1980, 93 Stat. 1368, provided that: ‘‘(a) Except as provided in subsection (b), the amend- ments made by this Act [see Tables for classification] are effective upon enactment [Jan. 8, 1980]. ‘‘(b) For authorized committees of candidates for President and Vice President, section 304(b) of the Fed- eral Election Campaign Act of 1971 [section 30104(b) of this title] shall be effective for elections occurring after January 1, 1981.’’ EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–443, title IV, § 410, Oct. 15, 1974, 88 Stat. 1304, provided that: ‘‘(a) Except as provided by subsection (b) and sub- section (c), the foregoing provisions of this Act [see Ta- bles for classification] shall become effective January 1, 1975. ‘‘(b) Section 104 [set out as a note under section 591 of Title 18, Crimes and Criminal Procedure] and the amendment made by section 301 [amending section 30143 of this title] shall become effective on the date of the enactment of this Act [Oct. 15, 1974]. ‘‘(c)(1) The amendments made by sections 403(a), 404, 405, 406, 408, and 409 [enacting sections 9031 to 9042, amending sections 276, 9002, 9003, 9004, 9005, 9006, 9007, 9008, 9009, 9010, 9011, and 9012, and repealing section 9021 of Title 26, Internal Revenue Code] shall apply with re- spect to taxable years beginning after December 31, 1974. ‘‘(2) The amendment made by section 407 [amending section 6012 of Title 26] shall apply with respect to tax- able years beginning after December 31, 1971.’’ EFFECTIVE DATE Pub. L. 92–225, title IV, § 408, formerly § 406, Feb. 7, 1972, 86 Stat. 20, as renumbered § 408 by Pub. L. 93–443, title III, § 302, Oct. 15, 1974, 88 Stat. 1289, provided that: ‘‘Except as provided in section 401 of this Act [section 30141 of this title], the provisions of this Act [see Tables for classification] shall become effective on December 31, 1971, or sixty days after the date of enactment of this Act [Feb. 7, 1972], whichever is later.’’ TRANSFER OF FUNCTIONS Federal Savings and Loan Insurance Corporation abolished and functions transferred, see Pub. L. 101–73, title IV, §§ 401–406, Aug. 9, 1989, 103 Stat. 354–363, set out as a note under section 1437 of Title 12, Banks and Banking. TRANSITION PROVISIONS Pub. L. 96–187, title III, § 303, Jan. 8, 1980, 93 Stat. 1368, provided that: ‘‘(a) The Federal Election Commission shall transmit to the Congress proposed rules and regulations nec- essary for the purpose of implementing the provisions of this Act [see Tables for classification], and the amendments made by this Act, prior to February 29, 1980. ‘‘(b) The provisions of section 311(d) of the Federal Election Campaign Act of 1971 [section 30111(d) of this title] allowing disapproval of rules and regulations by either House of Congress within 30 legislative days after receipt shall, with respect to rules and regula- tions required to be proposed under subsection (a) of this section, be deemed to allow such disapproval with- in 15 legislative days after receipt.’’ STUDY AND REPORT ON CLEAN MONEY CLEAN ELECTIONS LAWS Pub. L. 107–155, title III, § 310, Mar. 27, 2002, 116 Stat. 104, related to a study and report on clean money clean elections laws in Arizona and Maine. VOTING SYSTEM STUDY; REPORT TO CONGRESS; COST OF STUDY Pub. L. 96–187, title III, § 302, Jan. 8, 1980, 93 Stat. 1368, as amended by Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433, required the Federal Election Com- mission, with the cooperation and assistance of the Na- tional Institute of Standards and Technology, to con- duct a preliminary study of the future development of voluntary engineering and procedural performance standards for voting systems and report the results to Congress with certain recommendations. § 30102. Organization of political committees (a) Treasurer; vacancy; official authorizations Every political committee shall have a treas- urer. No contribution or expenditure shall be ac- cepted or made by or on behalf of a political committee during any period in which the office of treasurer is vacant. No expenditure shall be made for or on behalf of a political committee without the authorization of the treasurer or his or her designated agent. (b) Account of contributions; segregated funds (1) Every person who receives a contribution for an authorized political committee shall, no later than 10 days after receiving such contribu- tion, forward to the treasurer such contribution, and if the amount of the contribution is in ex- cess of $50 the name and address of the person making the contribution and the date of receipt. (2) Every person who receives a contribution for a political committee which is not an au- thorized committee shall— (A) if the amount of the contribution is $50 or less, forward to the treasurer such contribu- tion no later than 30 days after receiving the contribution; and (B) if the amount of the contribution is in excess of $50, forward to the treasurer such contribution, the name and address of the per- son making the contribution, and the date of receipt of the contribution, no later than 10 days after receiving the contribution. (3) All funds of a political committee shall be segregated from, and may not be commingled with, the personal funds of any individual. (c) Recordkeeping The treasurer of a political committee shall keep an account of— (1) all contributions received by or on behalf of such political committee;