52 U.S.C. § 30105 — Reports on convention financing

Page 109 TITLE 52—VOTING AND ELECTIONS § 30105 Subsec. (a)(2), (3). Pub. L. 93–443, § 204(a)(2), added pars. (2) and (3). Subsec. (b)(5). Pub. L. 93–443, § 204(b)(1), required in- formation respecting guarantors. Subsec. (b)(8). Pub. L. 93–443, § 204(b)(2), required the report to disclose the total receipts less transfers be- tween political committees which support the same candidate and which do not support more than one can- didate. Subsec. (b)(9), (10). Pub. L. 93–443, § 204(b)(3), sub- stituted ‘‘identification’’ for ‘‘full name and mailing address (occupation and the principal place of business, if any)’’ in pars. (9) and (10). Subsec. (b)(11). Pub. L. 93–443, § 204(b)(4), required the report to disclose the total expenditures less transfers between political committees which support the same candidate and which do not support more than one can- didate. Subsec. (b)(12). Pub. L. 93–443, §§ 204(b)(5), 208(c)(4)(B), required the report to include a statement as to the cir- cumstances and conditions under which any debt or ob- ligation is extinguished and the consideration therefor and substituted ‘‘Commission’’ for ‘‘supervisory offi- cer’’. Subsec. (b)(13). Pub. L. 93–443, § 208(c)(4)(B), sub- stituted ‘‘Commission’’ for ‘‘supervisory officer’’. Subsecs. (d), (e). Pub. L. 93–443, § 204(c), added subsec. (d) and incorporated provisions of former section 435 of this title in provisions designated as subsec. (e), sub- stituting ‘‘Commission’’ for ‘‘supervisory officer’’ therein. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110–81, title II, § 204(b), Sept. 14, 2007, 121 Stat. 746, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to reports filed under section 304 of the Federal Election Campaign Act [52 U.S.C. 30104] after the expi- ration of the 3-month period which begins on the date that the regulations required to be promulgated by the Federal Election Commission under section 304(i)(5) of such Act (as added by subsection (a)) become final.’’ Pub. L. 110–81, title II, § 215, Sept. 14, 2007, 121 Stat. 751, provided that: ‘‘Except as otherwise provided in sections 203, 204, 206, 211, 212, and 213, the amendments made by this title [see Tables for classification] shall apply with respect to registrations under the Lobbying Disclosure Act of 1995 [2 U.S.C. 1601 et seq.] having an effective date of January 1, 2008, or later and with re- spect to quarterly reports under that Act covering cal- endar quarters beginning on or after January 1, 2008.’’ EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–155 effective Nov. 6, 2002, except that amendment by sections 103(a), 201(a), 212, 304(b), 501, and 503 of Pub. L. 107–155 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 Date of 2002 Amendment; Regulations note under sec- tion 30101 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–346 applicable with re- spect to elections occurring after January 2001, see sec- tion 101(a) [title V, § 502(d)] of Pub. L. 106–346, set out as a note under section 30101 of this title. EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–58, title VI, § 639(b), Sept. 29, 1999, 113 Stat. 476, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall be effective for re- porting periods beginning after December 31, 2000.’’ Pub. L. 106–58, title VI, § 641(b), Sept. 29, 1999, 113 Stat. 477, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall become effective with respect to reporting periods beginning after De- cember 31, 2000.’’ EFFECTIVE DATE OF 1995 AMENDMENT Amendment by section 1(a) of Pub. L. 104–79 applica- ble with respect to reports for periods beginning after Dec. 31, 1996, see section 1(c) of Pub. L. 104–79, set out as a note under section 30102 of this title. Amendment by section 3(b) of Pub. L. 104–79 applica- ble with respect to reports, designations, and state- ments required to be filed after Dec. 31, 1995, see section 3(d) of Pub. L. 104–79, set out as a note under section 30102 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–187 effective Jan. 8, 1980, with subsec. (b) of this section applicable to authorized committees for President and Vice President in elec- tions occurring after Jan. 1, 1981, see section 301 of Pub. L. 96–187, set out as a note under section 30101 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–443 effective Jan. 1, 1975, see section 410(a) of Pub. L. 93–443, set out as a note under section 30101 of this title. RESPONSIBILITIES OF FEDERAL COMMUNICATIONS COMMISSION Pub. L. 107–155, title II, § 201(b), Mar. 27, 2002, 116 Stat. 90, provided that: ‘‘The Federal Communications Com- mission shall compile and maintain any information the Federal Election Commission may require to carry out section 304(f) of the Federal Election Campaign Act of 1971 [52 U.S.C. 30104(f)] (as added by subsection (a)), and shall make such information available to the pub- lic on the Federal Communication Commission’s website.’’ REPORT REQUIRED TO BE FILED BY JANUARY 31, 1975 Pub. L. 93–443, title II, § 204(e), Oct. 15, 1974, 88 Stat. 1278, provided that notwithstanding the amendment to this section as to the time to file reports, nothing in Pub. L. 93–443 [see Tables for classification] is to be construed as waiving the report required to be filed by Jan. 31, 1975 under the provisions of this section as in effect on Oct. 15, 1974, the date of enactment of Pub. L. 93–443. § 30105. Reports on convention financing Each committee or other organization which— (1) represents a State, or a political subdivi- sion thereof, or any group of persons, in deal- ing with officials of a national political party with respect to matters involving a conven- tion held in such State or political subdivision to nominate a candidate for the office of Presi- dent or Vice President, or (2) represents a national political party in making arrangements for the convention of such party held to nominate a candidate for the office of President or Vice President, shall, within 60 days following the end of the convention (but not later than 20 days prior to the date on which presidential and vice-presi- dential electors are chosen), file with the Com- mission a full and complete financial statement, in such form and detail as it may prescribe, of the sources from which it derived its funds, and the purpose for which such funds were expended. (Pub. L. 92–225, title III, § 305, formerly § 307, Feb. 7, 1972, 86 Stat. 16; Pub. L. 93–443, title II, § 208(c)(6), Oct. 15, 1974, 88 Stat. 1286; renumbered § 305 and amended Pub. L. 96–187, title I, §§ 105(2), 112(a), Jan. 8, 1980, 93 Stat. 1354, 1366.) Page 110 TITLE 52—VOTING AND ELECTIONS § 30106 Editorial Notes CODIFICATION Section was formerly classified to section 437 of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 305 of Pub. L. 92–225 was classified to section 435 of Title 2, The Congress, prior to repeal by Pub. L. 96–187. AMENDMENTS 1980—Pub. L. 96–187 substituted ‘‘60’’ and ‘‘20’’ for ‘‘sixty’’ and ‘‘twenty’’, respectively, and struck out ‘‘Federal Election’’ before ‘‘Commission’’. 1974—Pub. L. 93–443 substituted ‘‘Federal Election Commission’’ and ‘‘it’’ for ‘‘Comptroller General of the United States’’ and ‘‘he’’, respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96–187, set out as a note under section 30101 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–443 effective Jan. 1, 1975, see section 410(a) of Pub. L. 93–443, set out as a note under section 30101 of this title. § 30106. Federal Election Commission (a) Establishment; membership; term of office; vacancies; qualifications; compensation; chairman and vice chairman (1) There is established a commission to be known as the Federal Election Commission. The Commission is composed of the Secretary of the Senate and the Clerk of the House of Represent- atives or their designees, ex officio and without the right to vote, and 6 members appointed by the President, by and with the advice and con- sent of the Senate. No more than 3 members of the Commission appointed under this paragraph may be affiliated with the same political party. (2)(A) Members of the Commission shall serve for a single term of 6 years, except that of the members first appointed— (i) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1977; (ii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1979; and (iii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1981. (B) A member of the Commission may serve on the Commission after the expiration of his or her term until his or her successor has taken of- fice as a member of the Commission. (C) An individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed only for the unex- pired term of the member he or she succeeds. (D) Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appoint- ment. (3) Members shall be chosen on the basis of their experience, integrity, impartiality, and good judgment and members (other than the Secretary of the Senate and the Clerk of the House of Representatives) shall be individuals who, at the time appointed to the Commission, are not elected or appointed officers or employ- ees in the executive, legislative, or judicial branch of the Federal Government. Such mem- bers of the Commission shall not engage in any other business, vocation, or employment. Any individual who is engaging in any other busi- ness, vocation, or employment at the time of his or her appointment to the Commission shall ter- minate or liquidate such activity no later than 90 days after such appointment. (4) Members of the Commission (other than the Secretary of the Senate and the Clerk of the House of Representatives) shall receive com- pensation equivalent to the compensation paid at level IV of the Executive Schedule (5 U.S.C. 5315). (5) The Commission shall elect a chairman and a vice chairman from among its members (other than the Secretary of the Senate and the Clerk of the House of Representatives) for a term of one year. A member may serve as chairman only once during any term of office to which such member is appointed. The chairman and the vice chairman shall not be affiliated with the same political party. The vice chairman shall act as chairman in the absence or disability of the chairman or in the event of a vacancy in such office. (b) Administration, enforcement, and formula- tion of policy; exclusive jurisdiction of civil enforcement; Congressional authorities or functions with respect to elections for Fed- eral office (1) The Commission shall administer, seek to obtain compliance with, and formulate policy with respect to, this Act and chapter 95 and chapter 96 of title 26. The Commission shall have exclusive jurisdiction with respect to the civil enforcement of such provisions. (2) Nothing in this Act shall be construed to limit, restrict, or diminish any investigatory, informational, oversight, supervisory, or dis- ciplinary authority or function of the Congress or any committee of the Congress with respect to elections for Federal office. (c) Voting requirements; delegation of authori- ties All decisions of the Commission with respect to the exercise of its duties and powers under the provisions of this Act shall be made by a majority vote of the members of the Commis- sion. A member of the Commission may not del- egate to any person his or her vote or any deci- sionmaking authority or duty vested in the Commission by the provisions of this Act, ex- cept that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to take any action in accord- ance with paragraph (6), (7), (8), or (9) of section 30107(a) of this title or with chapter 95 or chap- ter 96 of title 26. (d) Meetings The Commission shall meet at least once each month and also at the call of any member.