52 U.S.C. § 30117 — Modification of certain limits for House

Page 132 TITLE 52—VOTING AND ELECTIONS § 30117 1 See References in Text note below. translated as ‘‘title 26’’ thus requiring no change in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–235, div. N, § 101(c), Dec. 16, 2014, 128 Stat. 2773, provided that: ‘‘The amendments made by this section [amending this section] shall apply with re- spect to funds that are solicited, received, transferred, or spent on or after the date of the enactment of this section [Dec. 16, 2014].’’ EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–155, title III, § 307(e), Mar. 27, 2002, 116 Stat. 103, provided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to contributions made on or after January 1, 2003.’’ Amendment by Pub. L. 107–155 effective Nov. 6, 2002, except that amendments by sections 102 and 307 of the Act applicable with respect to contributions made on or after Jan. 1, 2003, and amendments by sections 202, 213, 214(a), 304(a), 316, and 319(b) of the Act not applica- ble with respect to runoff elections, recounts, or elec- tion 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 Amendment; Regulations note under section 30101 of this title. REGULATIONS BY THE FEDERAL ELECTION COMMISSION Pub. L. 107–155, title II, § 214(c), Mar. 27, 2002, 116 Stat. 95, provided that: ‘‘The Federal Election Commission shall promulgate new regulations on coordinated com- munications paid for by persons other than candidates, authorized committees of candidates, and party com- mittees. The regulations shall not require agreement or formal collaboration to establish coordination. In addi- tion to any subject determined by the Commission, the regulations shall address— ‘‘(1) payments for the republication of campaign materials; ‘‘(2) payments for the use of a common vendor; ‘‘(3) payments for communications directed or made by persons who previously served as an em- ployee of a candidate or a political party; and ‘‘(4) payments for communications made by a per- son after substantial discussion about the commu- nication with a candidate or a political party.’’ § 30117. Modification of certain limits for House candidates in response to personal fund ex- penditures of opponents (a) Availability of increased limit (1) In general Subject to paragraph (3), if the opposition personal funds amount with respect to a can- didate for election to the office of Representa- tive in, or Delegate or Resident Commissioner to, the Congress exceeds $350,000— (A) the limit under subsection (a)(1)(A) 1 with respect to the candidate shall be tri- pled; (B) the limit under subsection (a)(3) 1 shall not apply with respect to any contribution made with respect to the candidate if the contribution is made under the increased limit allowed under subparagraph (A) during a period in which the candidate may accept such a contribution; and (C) the limits under subsection (d) 1 with respect to any expenditure by a State or na- tional committee of a political party on be- half of the candidate shall not apply. (2) Determination of opposition personal funds amount (A) In general The opposition personal funds amount is an amount equal to the excess (if any) of— (i) the greatest aggregate amount of ex- penditures from personal funds (as defined in subsection (b)(1)) that an opposing can- didate in the same election makes; over (ii) the aggregate amount of expendi- tures from personal funds made by the candidate with respect to the election. (B) Special rule for candidate’s campaign funds (i) In general For purposes of determining the aggre- gate amount of expenditures from personal funds under subparagraph (A), such amount shall include the gross receipts ad- vantage of the candidate’s authorized com- mittee. (ii) Gross receipts advantage For purposes of clause (i), the term ‘‘gross receipts advantage’’ means the ex- cess, if any, of— (I) the aggregate amount of 50 percent of gross receipts of a candidate’s author- ized committee during any election cycle (not including contributions from per- sonal funds of the candidate) that may be expended in connection with the elec- tion, as determined on June 30 and De- cember 31 of the year preceding the year in which a general election is held, over (II) the aggregate amount of 50 percent of gross receipts of the opposing can- didate’s authorized committee during any election cycle (not including con- tributions from personal funds of the candidate) that may be expended in con- nection with the election, as determined on June 30 and December 31 of the year preceding the year in which a general election is held. (3) Time to accept contributions under in- creased limit (A) In general Subject to subparagraph (B), a candidate and the candidate’s authorized committee shall not accept any contribution, and a party committee shall not make any expend- iture, under the increased limit under para- graph (1)— (i) until the candidate has received noti- fication of the opposition personal funds amount under subsection (b)(1); and (ii) to the extent that such contribution, when added to the aggregate amount of contributions previously accepted and party expenditures previously made under the increased limits under this subsection for the election cycle, exceeds 100 percent of the opposition personal funds amount. (B) Effect of withdrawal of an opposing can- didate A candidate and a candidate’s authorized committee shall not accept any contribution Page 133 TITLE 52—VOTING AND ELECTIONS § 30117 and a party shall not make any expenditure under the increased limit after the date on which an opposing candidate ceases to be a candidate to the extent that the amount of such increased limit is attributable to such an opposing candidate. (4) Disposal of excess contributions (A) In general The aggregate amount of contributions ac- cepted by a candidate or a candidate’s au- thorized committee under the increased limit under paragraph (1) and not otherwise expended in connection with the election with respect to which such contributions re- late shall, not later than 50 days after the date of such election, be used in the manner described in subparagraph (B). (B) Return to contributors A candidate or a candidate’s authorized committee shall return the excess contribu- tion to the person who made the contribu- tion. (b) Notification of expenditures from personal funds (1) In general (A) Definition of expenditure from personal funds In this paragraph, the term ‘‘expenditure from personal funds’’ means— (i) an expenditure made by a candidate using personal funds; and (ii) a contribution or loan made by a candidate using personal funds or a loan secured using such funds to the candidate’s authorized committee. (B) Declaration of intent Not later than the date that is 15 days after the date on which an individual be- comes a candidate for the office of Rep- resentative in, or Delegate or Resident Com- missioner to, the Congress, the candidate shall file a declaration stating the total amount of expenditures from personal funds that the candidate intends to make, or to obligate to make, with respect to the elec- tion that will exceed $350,000. (C) Initial notification Not later than 24 hours after a candidate described in subparagraph (B) makes or obli- gates to make an aggregate amount of ex- penditures from personal funds in excess of $350,000 in connection with any election, the candidate shall file a notification. (D) Additional notification After a candidate files an initial notifica- tion under subparagraph (C), the candidate shall file an additional notification each time expenditures from personal funds are made or obligated to be made in an aggre- gate amount that exceeds $10,000. Such noti- fication shall be filed not later than 24 hours after the expenditure is made. (E) Contents A notification under subparagraph (C) or (D) shall include— (i) the name of the candidate and the of- fice sought by the candidate; (ii) the date and amount of each expendi- ture; and (iii) the total amount of expenditures from personal funds that the candidate has made, or obligated to make, with respect to an election as of the date of the expend- iture that is the subject of the notifica- tion. (F) Place of filing Each declaration or notification required to be filed by a candidate under subpara- graph (C), (D), or (E) shall be filed with— (i) the Commission; and (ii) each candidate in the same election and the national party of each such can- didate. (2) Notification of disposal of excess contribu- tions In the next regularly scheduled report after the date of the election for which a candidate seeks nomination for election to, or election to, Federal office, the candidate or the can- didate’s authorized committee shall submit to the Commission a report indicating the source and amount of any excess contributions (as de- termined under subsection (a)) and the manner in which the candidate or the candidate’s au- thorized committee used such funds. (3) Enforcement For provisions providing for the enforcement of the reporting requirements under this sub- section, see section 30109 of this title. (Pub. L. 92–225, title III, § 315A, as added Pub. L. 107–155, title III, § 319(a), Mar. 27, 2002, 116 Stat. 109.) Editorial Notes REFERENCES IN TEXT Subsections (a)(1)(A), (3), and (d), referred to in sub- sec. (a)(1), probably mean subsections (a)(1)(A), (3), and (d) of section 30116 of this title. CODIFICATION Section was formerly classified to section 441a–1 of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. CONSTITUTIONALITY For information regarding the constitutionality of section 315A of Pub. L. 92–225, as added by section 319(a) of Pub. L. 107–155, 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. 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 Date of 2002 Amendment; Regulations note under sec- tion 30101 of this title. Page 134 TITLE 52—VOTING AND ELECTIONS § 30118 1 See References in Text note below. § 30118. Contributions or expenditures by na- tional banks, corporations, or labor organiza- tions (a) In general It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expenditure in connection with any election to any political office, or in connection with any primary elec- tion or political convention or caucus held to se- lect candidates for any political office, or for any corporation whatever, or any labor organi- zation, to make a contribution or expenditure in connection with any election at which presi- dential and vice presidential electors or a Sen- ator or Representative in, or a Delegate or Resi- dent Commissioner to, Congress are to be voted for, or in connection with any primary election or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person knowingly to accept or receive any con- tribution prohibited by this section, or any offi- cer or any director of any corporation or any na- tional bank or any officer of any labor organiza- tion to consent to any contribution or expendi- ture by the corporation, national bank, or labor organization, as the case may be, prohibited by this section. (b) Definitions; particular activities prohibited or allowed (1) For the purposes of this section the term ‘‘labor organization’’ means any organization of any kind, or any agency or employee representa- tion committee or plan, in which employees par- ticipate and which exists for the purpose, in whole or in part, of dealing with employers con- cerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. (2) For purposes of this section and section 79l(h) of title 15,1 the term ‘‘contribution or ex- penditure’’ includes a contribution or expendi- ture, as those terms are defined in section 30101 of this title, and also includes any direct or indi- rect payment, distribution, loan, advance, de- posit, or gift of money, or any services, or any- thing of value (except a loan of money by a na- tional or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business) to any can- didate, campaign committee, or political party or organization, in connection with any election to any of the offices referred to in this section or for any applicable electioneering communica- tion, but shall not include (A) communications by a corporation to its stockholders and execu- tive or administrative personnel and their fami- lies or by a labor organization to its members and their families on any subject; (B) non- partisan registration and get-out-the-vote cam- paigns by a corporation aimed at its stock- holders and executive or administrative per- sonnel and their families, or by a labor organiza- tion aimed at its members and their families; and (C) the establishment, administration, and solicitation of contributions to a separate seg- regated fund to be utilized for political purposes by a corporation, labor organization, member- ship organization, cooperative, or corporation without capital stock. (3) It shall be unlawful— (A) for such a fund to make a contribution or expenditure by utilizing money or anything of value secured by physical force, job dis- crimination, financial reprisals, or the threat of force, job discrimination, or financial re- prisal; or by dues, fees, or other moneys re- quired as a condition of membership in a labor organization or as a condition of employment, or by moneys obtained in any commercial transaction; (B) for any person soliciting an employee for a contribution to such a fund to fail to inform such employee of the political purposes of such fund at the time of such solicitation; and (C) for any person soliciting an employee for a contribution to such a fund to fail to inform such employee, at the time of such solicita- tion, of his right to refuse to so contribute without any reprisal. (4)(A) Except as provided in subparagraphs (B), (C), and (D), it shall be unlawful— (i) for a corporation, or a separate seg- regated fund established by a corporation, to solicit contributions to such a fund from any person other than its stockholders and their families and its executive or administrative personnel and their families, and (ii) for a labor organization, or a separate segregated fund established by a labor organi- zation, to solicit contributions to such a fund from any person other than its members and their families. (B) It shall not be unlawful under this section for a corporation, a labor organization, or a sep- arate segregated fund established by such cor- poration or such labor organization, to make 2 written solicitations for contributions during the calendar year from any stockholder, execu- tive or administrative personnel, or employee of a corporation or the families of such persons. A solicitation under this subparagraph may be made only by mail addressed to stockholders, executive or administrative personnel, or em- ployees at their residence and shall be so de- signed that the corporation, labor organization, or separate segregated fund conducting such so- licitation cannot determine who makes a con- tribution of $50 or less as a result of such solici- tation and who does not make such a contribu- tion. (C) This paragraph shall not prevent a mem- bership organization, cooperative, or corpora- tion without capital stock, or a separate seg- regated fund established by a membership orga- nization, cooperative, or corporation without capital stock, from soliciting contributions to such a fund from members of such organization, cooperative, or corporation without capital stock. (D) This paragraph shall not prevent a trade association or a separate segregated fund estab- lished by a trade association from soliciting contributions from the stockholders and execu- tive or administrative personnel of the member corporations of such trade association and the