52 U.S.C. § 30122 — Contributions in name of another pro-

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.) 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