52 U.S.C. § 30125 — Soft money of political parties

Page 139 TITLE 52—VOTING AND ELECTIONS § 30125 Editorial Notes CODIFICATION Section was formerly classified to section 441f of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 320 of Pub. L. 92–225 was renumbered section 315, and is classified to section 30116 of this title. Another prior section 320 of Pub. L. 92–225 was classi- fied to section 441 of Title 2, The Congress, prior to re- peal by Pub. L. 94–283. Another prior section 320 of Pub. L. 92–225 was renum- bered section 314, and is classified to section 30115 of this title. § 30123. Limitation on contribution of currency No person shall make contributions of cur- rency of the United States or currency of any foreign country to or for the benefit of any can- didate which, in the aggregate, exceed $100, with respect to any campaign of such candidate for nomination for election, or for election, to Fed- eral office. (Pub. L. 92–225, title III, § 321, formerly § 326, as added Pub. L. 94–283, title I, § 112(2), May 11, 1976, 90 Stat. 494; renumbered § 321, Pub. L. 96–187, title I, § 105(5), Jan. 8, 1980, 93 Stat. 1354.) Editorial Notes CODIFICATION Section was formerly classified to section 441g of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 321 of Pub. L. 92–225 was renumbered section 316, and is classified to section 30118 of this title. Another prior section 321 of Pub. L. 92–225 was renum- bered section 320, and was classified to section 441 of Title 2, The Congress, prior to repeal by Pub. L. 94–283. § 30124. Fraudulent misrepresentation of cam- paign authority (a) In general No person who is a candidate for Federal office or an employee or agent of such a candidate shall— (1) fraudulently misrepresent himself or any committee or organization under his control as speaking or writing or otherwise acting for or on behalf of any other candidate or political party or employee or agent thereof on a mat- ter which is damaging to such other candidate or political party or employee or agent there- of; or (2) willfully and knowingly participate in or conspire to participate in any plan, scheme, or design to violate paragraph (1). (b) Fraudulent solicitation of funds No person shall— (1) fraudulently misrepresent the person as speaking, writing, or otherwise acting for or on behalf of any candidate or political party or employee or agent thereof for the purpose of soliciting contributions or donations; or (2) willfully and knowingly participate in or conspire to participate in any plan, scheme, or design to violate paragraph (1). (Pub. L. 92–225, title III, § 322, formerly § 327, as added Pub. L. 94–283, title I, § 112(2), May 11, 1976, 90 Stat. 494; renumbered § 322, Pub. L. 96–187, title I, § 105(5), Jan. 8, 1980, 93 Stat. 1354; amend- ed Pub. L. 107–155, title III, § 309, Mar. 27, 2002, 116 Stat. 104.) Editorial Notes CODIFICATION Section was formerly classified to section 441h of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 322 of Pub. L. 92–225 was renumbered section 317, and is classified to section 30119 of this title. AMENDMENTS 2002—Pub. L. 107–155 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–155 effective Nov. 6, 2002, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under sec- tion 30101 of this title. § 30125. Soft money of political parties (a) National committees (1) In general A national committee of a political party (including a national congressional campaign committee of a political party) may not so- licit, 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, prohi- bitions, and reporting requirements of this Act. (2) Applicability The prohibition established by paragraph (1) applies to any such national committee, any officer or agent acting on behalf of such a na- tional committee, and any entity that is di- rectly or indirectly established, financed, maintained, or controlled by such a national committee. (b) State, district, and local committees (1) In general Except as provided in paragraph (2), an amount that is expended or disbursed for Fed- eral election activity by a State, district, or local committee of a political party (including an entity that is directly or indirectly estab- lished, financed, maintained, or controlled by a State, district, or local committee of a polit- ical party and an officer or agent acting on be- half of such committee or entity), or by an as- sociation or similar group of candidates for State or local office or of individuals holding State or local office, shall be made from funds subject to the limitations, prohibitions, and reporting requirements of this Act. (2) Applicability (A) In general Notwithstanding clause (i) or (ii) of sec- tion 30101(20)(A) of this title, and subject to Page 140 TITLE 52—VOTING AND ELECTIONS § 30125 subparagraph (B), paragraph (1) shall not apply to any amount expended or disbursed by a State, district, or local committee of a political party for an activity described in either such clause to the extent the amounts expended or disbursed for such activity are allocated (under regulations prescribed by the Commission) among amounts— (i) which consist solely of contributions subject to the limitations, prohibitions, and reporting requirements of this Act (other than amounts described in subpara- graph (B)(iii)); and (ii) other amounts which are not subject to the limitations, prohibitions, and re- porting requirements of this Act (other than any requirements of this subsection). (B) Conditions Subparagraph (A) shall only apply if— (i) the activity does not refer to a clearly identified candidate for Federal office; (ii) the amounts expended or disbursed are not for the costs of any broadcasting, cable, or satellite communication, other than a communication which refers solely to a clearly identified candidate for State or local office; (iii) the amounts expended or disbursed which are described in subparagraph (A)(ii) are paid from amounts which are donated in accordance with State law and which meet the requirements of subparagraph (C), except that no person (including any person established, financed, maintained, or controlled by such person) may donate more than $10,000 to a State, district, or local committee of a political party in a calendar year for such expenditures or dis- bursements; and (iv) the amounts expended or disbursed are made solely from funds raised by the State, local, or district committee which makes such expenditure or disbursement, and do not include any funds provided to such committee from— (I) any other State, local, or district committee of any State party, (II) the national committee of a polit- ical party (including a national congres- sional campaign committee of a political party), (III) any officer or agent acting on be- half of any committee described in sub- clause (I) or (II), or (IV) any entity directly or indirectly established, financed, maintained, or controlled by any committee described in subclause (I) or (II). (C) Prohibiting involvement of national par- ties, Federal candidates and office- holders, and State parties acting jointly Notwithstanding subsection (e) (other than subsection (e)(3)), amounts specifically au- thorized to be spent under subparagraph (B)(iii) meet the requirements of this sub- paragraph only if the amounts— (i) are not solicited, received, directed, transferred, or spent by or in the name of any person described in subsection (a) or (e); and (ii) are not solicited, received, or di- rected through fundraising activities con- ducted jointly by 2 or more State, local, or district committees of any political party or their agents, or by a State, local, or dis- trict committee of a political party on be- half of the State, local, or district com- mittee of a political party or its agent in one or more other States. (c) Fundraising costs An amount spent by a person described in sub- section (a) or (b) to raise funds that are used, in whole or in part, for expenditures and disburse- ments for a Federal election activity shall be made from funds subject to the limitations, pro- hibitions, and reporting requirements of this Act. (d) Tax-exempt organizations A national, State, district, or local committee of a political party (including a national con- gressional campaign committee of a political party), an entity that is directly or indirectly established, financed, maintained, or controlled by any such national, State, district, or local committee or its agent, and an officer or agent acting on behalf 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 sec- tion 501(c) of title 26 and exempt from taxation under section 501(a) of such title (or has sub- mitted an application for determination of tax exempt status under such section) and that makes expenditures or disbursements in con- nection 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 title (other than a political com- mittee, a State, district, or local committee of a political party, or the authorized campaign committee of a candidate for State or local of- fice). (e) Federal candidates (1) In general A candidate, individual holding Federal of- fice, agent of a candidate or an individual holding Federal office, or an entity directly or indirectly established, financed, maintained or controlled by or acting on behalf of 1 or more candidates or individuals holding Federal of- fice, 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 requirements 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 disburse funds in connection with such an election unless the funds— (i) are not in excess of the amounts per- mitted with respect to contributions to candidates and political committees under paragraphs (1), (2), and (3) of section 30116(a) of this title; and (ii) are not from sources prohibited by this Act from making contributions in Page 141 TITLE 52—VOTING AND ELECTIONS § 30126 connection with an election for Federal of- fice. (2) State law Paragraph (1) does not apply to the solicita- tion, receipt, or spending of funds by an indi- vidual described in such paragraph who is or was also a candidate for a State or local office solely in connection with such election for State or local office if the solicitation, re- ceipt, or spending of funds is permitted under State law and refers only to such State or local candidate, or to any other candidate for the State or local office sought by such can- didate, or both. (3) Fundraising events Notwithstanding paragraph (1) or subsection (b)(2)(C), a candidate or an individual holding Federal office may attend, speak, or be a fea- tured guest at a fundraising event for a State, district, or local committee of a political party. (4) Permitting certain solicitations (A) General solicitations Notwithstanding any other provision of this subsection, an individual described in paragraph (1) may make a general solicita- tion of funds on behalf of any organization that is described in section 501(c) of title 26 and exempt from taxation under section 501(a) of such title (or has submitted an ap- plication for determination of tax exempt status under such section) (other than an en- tity whose principal purpose is to conduct activities described in clauses (i) and (ii) of section 30101(20)(A) of this title) where such solicitation does not specify how the funds will or should be spent. (B) Certain specific solicitations In addition to the general solicitations permitted under subparagraph (A), an indi- vidual described in paragraph (1) may make a solicitation explicitly to obtain funds for carrying out the activities described in clauses (i) and (ii) of section 30101(20)(A) of this title, or for an entity whose principal purpose is to conduct such activities, if— (i) the solicitation is made only to indi- viduals; and (ii) the amount solicited from any indi- vidual during any calendar year does not exceed $20,000. (f) State candidates (1) In general A candidate for State or local office, indi- vidual holding State or local office, or an agent of such a candidate or individual may not spend any funds for a communication de- scribed in section 30101(20)(A)(iii) of this title unless the funds are subject to the limitations, prohibitions, and reporting requirements of this Act. (2) Exception for certain communications Paragraph (1) shall not apply to an indi- vidual described in such paragraph if the com- munication involved is in connection with an election for such State or local office and re- fers only to such individual or to any other candidate for the State or local office held or sought by such individual, or both. (Pub. L. 92–225, title III, § 323, as added Pub. L. 107–155, title I, § 101(a), Mar. 27, 2002, 116 Stat. 82.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means the Federal Elec- tion Campaign Act of 1971, as defined by section 30101 of this title. CODIFICATION Section was formerly classified to section 441i of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 323 of Pub. L. 92–225 was classified to section 441i of Title 2, The Congress, and related to ac- ceptance of excessive honorariums, prior to repeal by Pub. L. 102–90, title I, § 6(d), Aug. 14, 1991, 105 Stat. 451. Another prior section 323 of Pub. L. 92–225 was renum- bered section 318, and is classified to section 30120 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 6, 2002, except that subsec. (b) of this section not applicable with respect to runoff elections, recounts, or election contests resulting from elections held prior to Nov. 6, 2002, with transitional rules for the spending of soft money of national polit- ical parties, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 30101 of this title. § 30126. Prohibition of contributions by minors An individual who is 17 years old or younger shall not make a contribution to a candidate or a contribution or donation to a committee of a political party. (Pub. L. 92–225, title III, § 324, as added Pub. L. 107–155, title III, § 318, Mar. 27, 2002, 116 Stat. 109.) Editorial Notes CODIFICATION Section was formerly classified to section 441k of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. CONSTITUTIONALITY For information regarding the constitutionality of statute prohibiting persons ‘‘17 years old or younger’’ from contributing to candidates or political parties, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Anno- tated website, constitution.congress.gov. PRIOR PROVISIONS A prior section 324 of Pub. L. 92–225 was renumbered section 319, and is classified to section 30121 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 6, 2002, but not applicable with respect to runoff elections, recounts, or election con- tests resulting from elections held prior to Nov. 6, 2002, see section 402 of Pub. L. 107–155, set out as an Effective