52 U.S.C. § 30120 — Publication and distribution of state-

Page 136 TITLE 52—VOTING AND ELECTIONS § 30119 CODIFICATION Section was formerly classified to section 441b of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classi- fication of such sections prior to their editorial reclas- sification to this title. CONSTITUTIONALITY For information regarding the constitutionality of this section, formerly classified to section 441b of Title 2, The Congress, see the Table of Laws Held Unconsti- tutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitu- tion.congress.gov. PRIOR PROVISIONS A prior section 316 of Pub. L. 92–225 was renumbered section 312, and is classified to section 30113 of this title. Another prior section 316 of Pub. L. 92–225 was renum- bered section 311, and is classified to section 30111 of this title. AMENDMENTS 2002—Subsec. (b)(2). Pub. L. 107–155, §§ 203(a), 214(d), substituted ‘‘ ‘contribution or expenditure’ includes a contribution or expenditure, as those terms are defined in section 431 of this title, and also includes’’ for ‘‘ ‘con- tribution or expenditure’ shall include’’ and inserted ‘‘or for any applicable electioneering communication’’ before ‘‘, but shall not include (A)’’. Subsec. (c). Pub. L. 107–155, § 203(b), added subsec. (c). Subsec. (c)(6). Pub. L. 107–155, § 204, added par. (6). 1980—Subsec. (b)(4)(B). Pub. L. 96–187, § 112(d), sub- stituted ‘‘It’’ for ‘‘it’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–155 effective Nov. 6, 2002, but not applicable with respect to runoff elections, re- counts, or election contests 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 Amend- ment; Regulations note under section 30101 of this title. 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. § 30119. Contributions by Government contrac- tors (a) Prohibition It shall be unlawful for any person— (1) who enters into any contract with the United States or any department or agency thereof either for the rendition of personal services or furnishing any material, supplies, or equipment to the United States or any de- partment or agency thereof or for selling any land or building to the United States or any department or agency thereof, if payment for the performance of such contract or payment for such material, supplies, equipment, land, or building is to be made in whole or in part from funds appropriated by the Congress, at any time between the commencement of nego- tiations for and the later of (A) the completion of performance under; or (B) the termination of negotiations for, such contract or fur- nishing of material, supplies, equipment, land, or buildings, directly or indirectly to make any contribution of money or other things of value, or to promise expressly or impliedly to make any such contribution to any political party, committee, or candidate for public of- fice or to any person for any political purpose or use; or (2) knowingly to solicit any such contribu- tion from any such person for any such pur- pose during any such period. (b) Separate segregated funds This section does not prohibit or make unlaw- ful the establishment or administration of, or the solicitation of contributions to, any sepa- rate segregated fund by any corporation, labor organization, membership organization, cooper- ative, or corporation without capital stock for the purpose of influencing the nomination for election, or election, of any person to Federal office, unless the provisions of section 30118 of this title prohibit or make unlawful the estab- lishment or administration of, or the solicita- tion of contributions to, such fund. Each specific prohibition, allowance, and duty applicable to a corporation, labor organization, or separate seg- regated fund under section 30118 of this title ap- plies to a corporation, labor organization, or separate segregated fund to which this sub- section applies. (c) ‘‘Labor organization’’ defined For purposes of this section, the term ‘‘labor organization’’ has the meaning given it by sec- tion 30118(b)(1) of this title. (Pub. L. 92–225, title III, § 317, formerly § 322, as added Pub. L. 94–283, title I, § 112(2), May 11, 1976, 90 Stat. 492; renumbered § 317, Pub. L. 96–187, title I, § 105(5), Jan. 8, 1980, 93 Stat. 1354.) Editorial Notes REFERENCES IN TEXT Section 30118 of this title, referred to in subsecs. (b) and (c), was in the original ‘‘section 321’’ meaning sec- tion 321 of Pub. L. 92–225 which is classified to section 30123 of this title. In view of the renumbering of section 321 as section 316 by section 105(5) of Pub. L. 96–187, the reference has been translated as reading ‘‘section 316’’ to reflect the probable intent of Congress. CODIFICATION Section was formerly classified to section 441c of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 317 of Pub. L. 92–225 was renumbered section 313, and is classified to section 30114 of this title. Another prior section 317 of Pub. L. 92–225 was renum- bered section 312, and is classified to section 30113 of this title. § 30120. Publication and distribution of state- ments and solicitations (a) Identification of funding and authorizing sources Whenever a political committee makes a dis- bursement for the purpose of financing any com- munication through any broadcasting station, newspaper, magazine, outdoor advertising facil- ity, mailing, or any other type of general public Page 137 TITLE 52—VOTING AND ELECTIONS § 30120 1 So in original. The word ‘‘or’’ probably should appear at the end of par. (2). political advertising, or whenever any person makes a disbursement for the purpose of financ- ing communications expressly advocating the election or defeat of a clearly identified can- didate, or solicits any contribution through any broadcasting station, newspaper, magazine, out- door advertising facility, mailing, or any other type of general public political advertising or makes a disbursement for an electioneering communication (as defined in section 30104(f)(3) of this title), such communication— (1) if paid for and authorized by a candidate, an authorized political committee of a can- didate, or its agents, shall clearly state that the communication has been paid for by such authorized political committee, or 1 (2) if paid for by other persons but author- ized by a candidate, an authorized political committee of a candidate, or its agents, shall clearly state that the communication is paid for by such other persons and authorized by such authorized political committee; 1 (3) if not authorized by a candidate, an au- thorized political committee of a candidate, or its agents, shall clearly state the name and permanent street address, telephone number, or World Wide Web address of the person who paid for the communication and state that the communication is not authorized by any can- didate or candidate’s committee. (b) Charge for newspaper or magazine space No person who sells space in a newspaper or magazine to a candidate or to the agent of a candidate, for use in connection with such can- didate’s campaign, may charge any amount for such space which exceeds the amount charged for comparable use of such space for other pur- poses. (c) Specification Any printed communication described in sub- section (a) shall— (1) be of sufficient type size to be clearly readable by the recipient of the communica- tion; (2) be contained in a printed box set apart from the other contents of the communica- tion; and (3) be printed with a reasonable degree of color contrast between the background and the printed statement. (d) Additional requirements (1) Communications by candidates or author- ized persons (A) By radio Any communication described in para- graph (1) or (2) of subsection (a) which is transmitted through radio shall include, in addition to the requirements of that para- graph, an audio statement by the candidate that identifies the candidate and states that the candidate has approved the communica- tion. (B) By television Any communication described in para- graph (1) or (2) of subsection (a) which is transmitted through television shall in- clude, in addition to the requirements of that paragraph, a statement that identifies the candidate and states that the candidate has approved the communication. Such statement— (i) shall be conveyed by— (I) an unobscured, full-screen view of the candidate making the statement, or (II) the candidate in voice-over, accom- panied by a clearly identifiable photo- graphic or similar image of the can- didate; and (ii) shall also appear in writing at the end of the communication in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds. (2) Communications by others Any communication described in paragraph (3) of subsection (a) which is transmitted through radio or television shall include, in addition to the requirements of that para- graph, in a clearly spoken manner, the fol- lowing audio statement: ‘‘lllll is respon- sible for the content of this advertising.’’ (with the blank to be filled in with the name of the political committee or other person paying for the communication and the name of any connected organization of the payor). If transmitted through television, the statement shall be conveyed by an unobscured, full- screen view of a representative of the political committee or other person making the state- ment, or by a representative of such political committee or other person in voice-over, and shall also appear in a clearly readable manner with a reasonable degree of color contrast be- tween the background and the printed state- ment, for a period of at least 4 seconds. (Pub. L. 92–225, title III, § 318, formerly § 323, as added Pub. L. 94–283, title I, § 112(2), May 11, 1976, 90 Stat. 493; renumbered § 318 and amended Pub. L. 96–187, title I, §§ 105(5), 111, Jan. 8, 1980, 93 Stat. 1354, 1365; Pub. L. 107–155, title III, § 311, Mar. 27, 2002, 116 Stat. 105.) Editorial Notes CODIFICATION Section was formerly classified to section 441d of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classi- fication of such sections prior to their editorial reclas- sification to this title. PRIOR PROVISIONS A prior section 318 of Pub. L. 92–225 was classified to section 439b of Title 2, The Congress, prior to repeal by Pub. L. 96–187. Another prior section 318 of Pub. L. 92–225 was renum- bered section 313, and is classified to section 30114 of this title. AMENDMENTS 2002—Subsec. (a). Pub. L. 107–155, § 311(1)(A)(iv), which directed insertion of ‘‘or makes a disbursement for an electioneering communication (as defined in section 434(f)(3) of this title)’’ after ‘‘public political adver- Page 138 TITLE 52—VOTING AND ELECTIONS § 30121 tising’’ in introductory provisions, was executed by making the insertion after those words the second time appearing, to reflect the probable intent of Congress. Pub. L. 107–155, § 311(1)(A)(i)–(iii), in introductory pro- visions, substituted ‘‘Whenever a political committee makes a disbursement for the purpose of financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising, or whenever any person makes a disburse- ment’’ for ‘‘Whenever any person makes an expendi- ture’’ and struck out ‘‘direct’’ before ‘‘mailing,’’ the second time appearing. Subsec. (a)(3). Pub. L. 107–155, § 311(1)(B), inserted ‘‘and permanent street address, telephone number, or World Wide Web address’’ after ‘‘name’’. Subsecs. (c), (d). Pub. L. 107–155, § 311(2), added sub- secs. (c) and (d). 1980—Subsec. (a). Pub. L. 96–187, § 111, designated ex- isting provisions as subsec. (a), and in revising text, provided for solicitation of contributions; prescribed three categories of communications: (1) paid for and authorized by the candidate, (2) paid for by others but authorized by the candidate, and (3) not authorized by the candidate for prior two categories where (1) author- ized and (2) not authorized by the candidate; struck out requirement for statement in accordance with regula- tions of Commission and in a conspicuous manner; and struck out from the communication not authorized by the candidate statement of name of affiliated or con- nected organization required to be disclosed under sec- tion 433 (b)(2) of this title. Subsec. (b). Pub. L. 96–187, § 111, added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–155 effective Nov. 6, 2002, but not applicable with respect to runoff elections, re- counts, or election contests 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 Amend- ment; Regulations note under section 30101 of this title. 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. § 30121. Contributions and donations by foreign nationals (a) Prohibition It shall be unlawful for— (1) a foreign national, directly or indirectly, to make— (A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election; (B) a contribution or donation to a com- mittee of a political party; or (C) an expenditure, independent expendi- ture, or disbursement for an electioneering communication (within the meaning of sec- tion 30104(f)(3) of this title); or (2) a person to solicit, accept, or receive a contribution or donation described in subpara- graph (A) or (B) of paragraph (1) from a foreign national. (b) ‘‘Foreign national’’ defined As used in this section, the term ‘‘foreign na- tional’’ means— (1) a foreign principal, as such term is de- fined by section 611(b) of title 22, except that the term ‘‘foreign national’’ shall not include any individual who is a citizen of the United States; or (2) an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101(a)(22) of title 8) and who is not lawfully admitted for perma- nent residence, as defined by section 1101(a)(20) of title 8. (Pub. L. 92–225, title III, § 319, formerly § 324, as added Pub. L. 94–283, title I, § 112(2), May 11, 1976, 90 Stat. 493; renumbered § 319, Pub. L. 96–187, title I, § 105(5), Jan. 8, 1980, 93 Stat. 1354; amend- ed Pub. L. 107–155, title III, §§ 303, 317, Mar. 27, 2002, 116 Stat. 96, 109.) Editorial Notes CODIFICATION Section was formerly classified to section 441e of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 319 of Pub. L. 92–225 was renumbered section 314, and is classified to section 30115 of this title. Another prior section 319 of Pub. L. 92–225 was renum- bered section 318, and was classified to section 439b of Title 2, The Congress, prior to repeal by Pub. L. 96–187. AMENDMENTS 2002—Pub. L. 107–155, § 303(1), substituted ‘‘Contribu- tions and donations by foreign nationals’’ for ‘‘Con- tributions by foreign nationals’’ in section catchline. Subsec. (a). Pub. L. 107–155, § 303(2), added subsec. (a) and struck out former subsec. (a) which read as follows: ‘‘It shall be unlawful for a foreign national directly or through any other person to make any contribution of money or other thing of value, or to promise expressly or impliedly to make any such contribution, in connec- tion with an election to any political office or in con- nection with any primary election, convention, or cau- cus held to select candidates for any political office; or for any person to solicit, accept, or receive any such contribution from a foreign national.’’ Subsec. (b)(2). Pub. L. 107–155, § 317, inserted ‘‘or a na- tional of the United States (as defined in section 1101(a)(22) of title 8)’’ after ‘‘United States’’. 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. § 30122. Contributions in name of another pro- hibited No person shall make a contribution in the name of another person or knowingly permit his name to be used to effect such a contribution, and no person shall knowingly accept a con- tribution made by one person in the name of an- other person. (Pub. L. 92–225, title III, § 320, formerly § 325, as added Pub. L. 94–283, title I, § 112(2), May 11, 1976, 90 Stat. 494; renumbered § 320, Pub. L. 96–187, title I, § 105(5), Jan. 8, 1980, 93 Stat. 1354.)