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52 U.S.C. § 30116 — Limitations on contributions and ex-
Federal law — U.S. Code and appendices · legal_authorities
Page 126
TITLE 52—VOTING AND ELECTIONS
§ 30115
1 See References in Text note below.
CODIFICATION
Section was formerly classified to section 439a of
Title 2, The Congress, prior to editorial reclassification
and renumbering as this section.
PRIOR PROVISIONS
A prior section 313 of Pub. L. 92–225 was classified to
section 439a of Title 2, The Congress, and also related
to use of contributed amounts for certain purposes,
prior to repeal by Pub. L. 107–155, title III, § 301, Mar. 27,
2002, 116 Stat. 95.
Another prior section 313 of Pub. L. 92–225 was renum-
bered section 309, and is classified to section 30109 of
this title.
Another prior section 313 of Pub. L. 92–225 was renum-
bered section 308, and is classified to section 30108 of
this title.
AMENDMENTS
2007—Subsec. (c). Pub. L. 110–81 added subsec. (c).
2004—Subsec. (a)(5), (6). Pub. L. 108–447, which di-
rected the amendment of section 312a(a) of the Federal
Election Campaign Act of 1971 by adding pars. (5) and
(6), was executed by making the amendments to this
section, which is section 313 of the Federal Election
Campaign Act of 1971, to reflect the probable intent of
Congress.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2007 AMENDMENT
Pub. L. 110–81, title VI, § 601(b), Sept. 14, 2007, 121 Stat.
775, provided that: ‘‘The amendment made by sub-
section (a) [amending this section] shall apply with re-
spect to flights taken on or after the date of the enact-
ment of this Act [Sept. 14, 2007].’’
EFFECTIVE DATE
Section effective 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.
§ 30115. Authorization of appropriations
There are authorized to be appropriated to the
Commission f
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Page 126
TITLE 52—VOTING AND ELECTIONS
§ 30115
1 See References in Text note below.
CODIFICATION
Section was formerly classified to section 439a of
Title 2, The Congress, prior to editorial reclassification
and renumbering as this section.
PRIOR PROVISIONS
A prior section 313 of Pub. L. 92–225 was classified to
section 439a of Title 2, The Congress, and also related
to use of contributed amounts for certain purposes,
prior to repeal by Pub. L. 107–155, title III, § 301, Mar. 27,
2002, 116 Stat. 95.
Another prior section 313 of Pub. L. 92–225 was renum-
bered section 309, and is classified to section 30109 of
this title.
Another prior section 313 of Pub. L. 92–225 was renum-
bered section 308, and is classified to section 30108 of
this title.
AMENDMENTS
2007—Subsec. (c). Pub. L. 110–81 added subsec. (c).
2004—Subsec. (a)(5), (6). Pub. L. 108–447, which di-
rected the amendment of section 312a(a) of the Federal
Election Campaign Act of 1971 by adding pars. (5) and
(6), was executed by making the amendments to this
section, which is section 313 of the Federal Election
Campaign Act of 1971, to reflect the probable intent of
Congress.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2007 AMENDMENT
Pub. L. 110–81, title VI, § 601(b), Sept. 14, 2007, 121 Stat.
775, provided that: ‘‘The amendment made by sub-
section (a) [amending this section] shall apply with re-
spect to flights taken on or after the date of the enact-
ment of this Act [Sept. 14, 2007].’’
EFFECTIVE DATE
Section effective 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.
§ 30115. Authorization of appropriations
There are authorized to be appropriated to the
Commission for the purpose of carrying out its
functions under this Act, and under chapters 95
and 96 of title 26, not to exceed $5,000,000 for the
fiscal year ending June 30, 1975. There are au-
thorized to be appropriated to the Commission
$6,000,000 for the fiscal year ending June 30, 1976,
$1,500,000 for the period beginning July 1, 1976,
and ending September 30, 1976, $6,000,000 for the
fiscal year ending September 30, 1977, $7,811,500
for the fiscal year ending September 30, 1978, and
$9,400,000 (of which not more than $400,000 are
authorized to be appropriated for the national
clearinghouse function described in section
30111(a)(10) 1 of this title) for the fiscal year end-
ing September 30, 1981.
(Pub. L. 92–225, title III, § 314, formerly § 320, as
added Pub. L. 93–443, title II, § 210, Oct. 15, 1974,
88 Stat. 1289; renumbered § 319 and amended Pub.
L. 94–283, title I, §§ 105, 113, May 11, 1976, 90 Stat.
481, 495; Pub. L. 95–127, Oct. 12, 1977, 91 Stat. 1110;
renumbered § 314, Pub. L. 96–187, title I, § 105(5),
Jan. 8, 1980, 93 Stat. 1354; Pub. L. 96–253, May 29,
1980, 94 Stat. 398; Pub. L. 99–514, § 2, Oct. 22, 1986,
100 Stat. 2095.)
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.
Section 30111(a)(10) of this title, referred to in text,
was repealed by Pub. L. 107–252, title VIII, § 801(b)(3),
Oct. 29, 2002, 116 Stat. 1726.
CODIFICATION
Section was formerly classified to section 439c of
Title 2, The Congress, prior to editorial reclassification
and renumbering as this section.
PRIOR PROVISIONS
A prior section 314 of Pub. L. 92–225 was renumbered
section 310, and is classified to section 30110 of this
title.
Another prior section 314 of Pub. L. 92–225 was renum-
bered section 309, and is classified to section 30109 of
this title.
AMENDMENTS
1986—Pub. L. 99–514 substituted ‘‘Internal Revenue
Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’,
which for purposes of codification was translated as
‘‘title 26’’ thus requiring no change in text.
1980—Pub. L. 96–253 inserted provisions authorizing
appropriations of $9,400,000 for fiscal year ending Sept.
30, 1981.
1977—Pub. L. 95–127 inserted provisions authorizing
appropriations of $7,811,500 for fiscal year ending Sept.
30, 1978.
1976—Pub. L. 94–283, § 113, inserted provisions author-
izing appropriations through fiscal year ending Sept.
30, 1977.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 1, 1975, see section 410(a) of
Pub. L. 93–443, set out as an Effective Date of 1974
Amendment note under section 30101 of this title.
§ 30116. Limitations on contributions and ex-
penditures
(a) Dollar limits on contributions
(1) Except as provided in subsection (i) and
section 30117 of this title, no person shall make
contributions—
(A) to any candidate and his authorized po-
litical committees with respect to any elec-
tion for Federal office which, in the aggregate,
exceed $2,000;
(B) to the political committees established
and maintained by a national political party,
which are not the authorized political com-
mittees of any candidate, in any calendar year
which, in the aggregate, exceed $25,000, or, in
the case of contributions made to any of the
accounts described in paragraph (9), exceed 300
percent of the amount otherwise applicable
under this subparagraph with respect to such
calendar year;
(C) to any other political committee (other
than a committee described in subparagraph
(D)) in any calendar year which, in the aggre-
gate, exceed $5,000; or
(D) to a political committee established and
maintained by a State committee of a polit-
ical party in any calendar year which, in the
aggregate, exceed $10,000.
(2) No multicandidate political committee
shall make contributions—
Page 127
TITLE 52—VOTING AND ELECTIONS
§ 30116
1 So in original. The word ‘‘and’’ probably should not appear.
(A) to any candidate and his authorized po-
litical committees with respect to any elec-
tion for Federal office which, in the aggregate,
exceed $5,000;
(B) to the political committees established
and maintained by a national political party,
which are not the authorized political com-
mittees of any candidate, in any calendar
year, which, in the aggregate, exceed $15,000,
or, in the case of contributions made to any of
the accounts described in paragraph (9), exceed
300 percent of the amount otherwise applicable
under this subparagraph with respect to such
calendar year; or
(C) to any other political committee in any
calendar year which, in the aggregate, exceed
$5,000.
(3) During the period which begins on January
1 of an odd-numbered year and ends on Decem-
ber 31 of the next even-numbered year, no indi-
vidual may make contributions aggregating
more than—
(A) $37,500, in the case of contributions to
candidates and the authorized committees of
candidates;
(B) $57,500, in the case of any other contribu-
tions, of which not more than $37,500 may be
attributable to contributions to political com-
mittees which are not political committees of
national political parties.
(4) The limitations on contributions contained
in paragraphs (1) and (2) do not apply to trans-
fers between and among political committees
which are national, State, district, or local com-
mittees (including any subordinate committee
thereof) of the same political party. For pur-
poses of paragraph (2), the term ‘‘multicandidate
political committee’’ means a political com-
mittee which has been registered under section
30103 of this title for a period of not less than 6
months, which has received contributions from
more than 50 persons, and, except for any State
political party organization, has made contribu-
tions to 5 or more candidates for Federal office.
(5) For purposes of the limitations provided by
paragraph (1) and paragraph (2), all contribu-
tions made by political committees established
or financed or maintained or controlled by any
corporation, labor organization, or any other
person,
including
any
parent,
subsidiary,
branch, division, department, or local unit of
such corporation, labor organization, or any
other person, or by any group of such persons,
shall be considered to have been made by a sin-
gle political committee, except that (A) nothing
in this sentence shall limit transfers between
political committees of funds raised through
joint fund raising efforts; (B) for purposes of the
limitations provided by paragraph (1) and para-
graph (2) all contributions made by a single po-
litical committee established or financed or
maintained or controlled by a national com-
mittee of a political party and by a single polit-
ical committee established or financed or main-
tained or controlled by the State committee of
a political party shall not be considered to have
been made by a single political committee; and
(C) nothing in this section shall limit the trans-
fer of funds between the principal campaign
committee of a candidate seeking nomination or
election to a Federal office and the principal
campaign committee of that candidate for nomi-
nation or election to another Federal office if (i)
such transfer is not made when the candidate is
actively seeking nomination or election to both
such offices; (ii) the limitations contained in
this Act on contributions by persons are not ex-
ceeded by such transfer; and (iii) the candidate
has not elected to receive any funds under chap-
ter 95 or chapter 96 of title 26. In any case in
which a corporation and any of its subsidiaries,
branches, divisions, departments, or local units,
or a labor organization and any of its subsidi-
aries, branches, divisions, departments, or local
units establish or finance or maintain or control
more than one separate segregated fund, all
such separate segregated funds shall be treated
as a single separate segregated fund for purposes
of the limitations provided by paragraph (1) and
paragraph (2).
(6) The limitations on contributions to a can-
didate imposed by paragraphs (1) and (2) of this
subsection shall apply separately with respect
to each election, except that all elections held
in any calendar year for the office of President
of the United States (except a general election
for such office) shall be considered to be one
election.
(7) For purposes of this subsection—
(A) contributions to a named candidate
made to any political committee authorized
by such candidate to accept contributions on
his behalf shall be considered to be contribu-
tions made to such candidate;
(B)(i) expenditures made by any person in
cooperation, consultation, or concert, with, or
at the request or suggestion of, a candidate,
his authorized political committees, or their
agents, shall be considered to be a contribu-
tion to such candidate;
(ii) expenditures made by any person (other
than a candidate or candidate’s authorized
committee) in cooperation, consultation, or
concert with, or at the request or suggestion
of, a national, State, or local committee of a
political party, shall be considered to be con-
tributions made to such party committee; and
(iii) the financing by any person of the dis-
semination, distribution, or republication, in
whole or in part, of any broadcast or any writ-
ten, graphic, or other form of campaign mate-
rials prepared by the candidate, his campaign
committees, or their authorized agents shall
be considered to be an expenditure for pur-
poses of this paragraph; and 1
(C) if—
(i) any person makes, or contracts to
make, any disbursement for any election-
eering communication (within the meaning
of section 30104(f)(3) of this title); and
(ii) such disbursement is coordinated with
a candidate or an authorized committee of
such candidate, a Federal, State, or local po-
litical party or committee thereof, or an
agent or official of any such candidate,
party, or committee;
such disbursement or contracting shall be
treated as a contribution to the candidate sup-
Page 128
TITLE 52—VOTING AND ELECTIONS
§ 30116
ported by the electioneering communication
or that candidate’s party and as an expendi-
ture by that candidate or that candidate’s
party; and
(D) contributions made to or for the benefit
of any candidate nominated by a political
party for election to the office of Vice Presi-
dent of the United States shall be considered
to be contributions made to or for the benefit
of the candidate of such party for election to
the office of President of the United States.
(8) For purposes of the limitations imposed by
this section, all contributions made by a person,
either directly or indirectly, on behalf of a par-
ticular candidate, including contributions which
are in any way earmarked or otherwise directed
through an intermediary or conduit to such can-
didate, shall be treated as contributions from
such person to such candidate. The intermediary
or conduit shall report the original source and
the intended recipient of such contribution to
the Commission and to the intended recipient.
(9) An account described in this paragraph is
any of the following accounts:
(A) A separate, segregated account of a na-
tional committee of a political party (other
than a national congressional campaign com-
mittee of a political party) which is used sole-
ly to defray expenses incurred with respect to
a presidential nominating convention (includ-
ing the payment of deposits) or to repay loans
the proceeds of which were used to defray such
expenses, or otherwise to restore funds used to
defray such expenses, except that the aggre-
gate amount of expenditures the national
committee of a political party may make from
such account may not exceed $20,000,000 with
respect to any single convention.
(B) A separate, segregated account of a na-
tional committee of a political party (includ-
ing a national congressional campaign com-
mittee of a political party) which is used sole-
ly to defray expenses incurred with respect to
the construction, purchase, renovation, oper-
ation, and furnishing of one or more head-
quarters buildings of the party or to repay
loans the proceeds of which were used to de-
fray such expenses, or otherwise to restore
funds used to defray such expenses (including
expenses for obligations incurred during the 2-
year period which ends on December 16, 2014).
(C) A separate, segregated account of a na-
tional committee of a political party (includ-
ing a national congressional campaign com-
mittee of a political party) which is used to
defray expenses incurred with respect to the
preparation for and the conduct of election re-
counts and contests and other legal pro-
ceedings.
(b) Dollar limits on expenditures by candidates
for office of President of United States
(1) No candidate for the office of President of
the United States who is eligible under section
9003 of title 26 (relating to condition for eligi-
bility for payments) or under section 9033 of
title 26 (relating to eligibility for payments) to
receive payments from the Secretary of the
Treasury may make expenditures in excess of—
(A) $10,000,000, in the case of a campaign for
nomination for election to such office, except
the aggregate of expenditures under this sub-
paragraph in any one State shall not exceed
the greater of 16 cents multiplied by the vot-
ing age population of the State (as certified
under subsection (e)), or $200,000; or
(B) $20,000,000 in the case of a campaign for
election to such office.
(2) For purposes of this subsection—
(A) expenditures made by or on behalf of any
candidate nominated by a political party for
election to the office of Vice President of the
United States shall be considered to be ex-
penditures made by or on behalf of the can-
didate of such party for election to the office
of President of the United States; and
(B) an expenditure is made on behalf of a
candidate, including a vice presidential can-
didate, if it is made by—
(i) an authorized committee or any other
agent of the candidate for purposes of mak-
ing any expenditure; or
(ii) any person authorized or requested by
the candidate, an authorized committee of
the candidate, or an agent of the candidate,
to make the expenditure.
(c) Increases on limits based on increases in
price index
(1)(A) At the beginning of each calendar year
(commencing in 1976), as there become available
necessary data from the Bureau of Labor Statis-
tics of the Department of Labor, the Secretary
of Labor shall certify to the Commission and
publish in the Federal Register the percent dif-
ference between the price index for the 12
months preceding the beginning of such cal-
endar year and the price index for the base pe-
riod.
(B) Except as provided in subparagraph (C), in
any calendar year after 2002—
(i) a limitation established by subsections
(a)(1)(A), (a)(1)(B), (a)(3), (b), (d), or (h) shall be
increased by the percent difference determined
under subparagraph (A);
(ii) each amount so increased shall remain in
effect for the calendar year; and
(iii) if any amount after adjustment under
clause (i) is not a multiple of $100, such
amount shall be rounded to the nearest mul-
tiple of $100.
(C) In the case of limitations under sub-
sections (a)(1)(A), (a)(1)(B), (a)(3), and (h), in-
creases shall only be made in odd-numbered
years and such increases shall remain in effect
for the 2-year period beginning on the first day
following the date of the last general election in
the year preceding the year in which the amount
is increased and ending on the date of the next
general election.
(2) For purposes of paragraph (1)—
(A) the term ‘‘price index’’ means the aver-
age over a calendar year of the Consumer
Price Index (all items—United States city av-
erage) published monthly by the Bureau of
Labor Statistics; and
(B) the term ‘‘base period’’ means—
(i) for purposes of subsections (b) and (d),
calendar year 1974; and
(ii) for purposes of subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h), calendar year 2001.
Page 129
TITLE 52—VOTING AND ELECTIONS
§ 30116
(d) Expenditures by national committee, State
committee, or subordinate committee of
State committee in connection with general
election campaign of candidates for Federal
office
(1) Notwithstanding any other provision of law
with respect to limitations on expenditures or
limitations on contributions, the national com-
mittee of a political party and a State com-
mittee of a political party, including any subor-
dinate committee of a State committee, may
make expenditures in connection with the gen-
eral election campaign of candidates for Federal
office, subject to the limitations contained in
paragraphs (2), (3), and (4) of this subsection.
(2) The national committee of a political party
may not make any expenditure in connection
with the general election campaign of any can-
didate for President of the United States who is
affiliated with such party which exceeds an
amount equal to 2 cents multiplied by the vot-
ing age population of the United States (as cer-
tified under subsection (e)). Any expenditure
under this paragraph shall be in addition to any
expenditure by a national committee of a polit-
ical party serving as the principal campaign
committee of a candidate for the office of Presi-
dent of the United States.
(3) The national committee of a political
party, or a State committee of a political party,
including any subordinate committee of a State
committee, may not make any expenditure in
connection with the general election campaign
of a candidate for Federal office in a State who
is affiliated with such party which exceeds—
(A) in the case of a candidate for election to
the office of Senator, or of Representative
from a State which is entitled to only one
Representative, the greater of—
(i) 2 cents multiplied by the voting age
population of the State (as certified under
subsection (e)); or
(ii) $20,000; and
(B) in the case of a candidate for election to
the office of Representative, Delegate, or Resi-
dent Commissioner in any other State, $10,000.
(4) INDEPENDENT VERSUS COORDINATED EXPENDI-
TURES BY PARTY.—
(A) IN
GENERAL.—On or after the date on
which a political party nominates a candidate,
no committee of the political party may
make—
(i) any coordinated expenditure under this
subsection with respect to the candidate
during the election cycle at any time after it
makes any independent expenditure (as de-
fined in section 30101(17) of this title) with
respect to the candidate during the election
cycle; or
(ii) any independent expenditure (as de-
fined in section 30101(17) of this title) with
respect to the candidate during the election
cycle at any time after it makes any coordi-
nated expenditure under this subsection
with respect to the candidate during the
election cycle.
(B) APPLICATION.—For purposes of this para-
graph, all political committees established
and maintained by a national political party
(including all congressional campaign com-
mittees) and all political committees estab-
lished and maintained by a State political
party (including any subordinate committee of
a State committee) shall be considered to be a
single political committee.
(C) TRANSFERS.—A committee of a political
party that makes coordinated expenditures
under this subsection with respect to a can-
didate shall not, during an election cycle,
transfer any funds to, assign authority to
make coordinated expenditures under this sub-
section to, or receive a transfer of funds from,
a committee of the political party that has
made or intends to make an independent ex-
penditure with respect to the candidate.
(5) The limitations contained in paragraphs
(2), (3), and (4) of this subsection shall not apply
to expenditures made from any of the accounts
described in subsection (a)(9).
(e) Certification and publication of estimated
voting age population
During the first week of January 1975, and
every subsequent year, the Secretary of Com-
merce shall certify to the Commission and pub-
lish in the Federal Register an estimate of the
voting age population of the United States, of
each State, and of each congressional district as
of the first day of July next preceding the date
of certification. The term ‘‘voting age popu-
lation’’ means resident population, 18 years of
age or older.
(f) Prohibited contributions and expenditures
No candidate or political committee shall
knowingly accept any contribution or make any
expenditure in violation of the provisions of this
section. No officer or employee of a political
committee shall knowingly accept a contribu-
tion made for the benefit or use of a candidate,
or knowingly make any expenditure on behalf of
a candidate, in violation of any limitation im-
posed on contributions and expenditures under
this section.
(g) Attribution of multi-State expenditures to
candidate’s expenditure limitation in each
State
The Commission shall prescribe rules under
which any expenditure by a candidate for presi-
dential nominations for use in 2 or more States
shall be attributed to such candidate’s expendi-
ture limitation in each such State, based on the
voting age population in such State which can
reasonably be expected to be influenced by such
expenditure.
(h) Senatorial candidates
Notwithstanding any other provision of this
Act, amounts totaling not more than $35,000
may be contributed to a candidate for nomina-
tion for election, or for election, to the United
States Senate during the year in which an elec-
tion is held in which he is such a candidate, by
the Republican or Democratic Senatorial Cam-
paign Committee, or the national committee of
a political party, or any combination of such
committees.
Page 130
TITLE 52—VOTING AND ELECTIONS
§ 30116
(i) Increased limit to allow response to expendi-
tures from personal funds
(1) Increase
(A) In general
Subject to paragraph (2), if the opposition
personal funds amount with respect to a can-
didate for election to the office of Senator
exceeds the threshold amount, the limit
under subsection (a)(1)(A) (in this subsection
referred to as the ‘‘applicable limit’’) with
respect to that candidate shall be the in-
creased limit.
(B) Threshold amount
(i) State-by-State competitive and fair cam-
paign formula
In this subsection, the threshold amount
with respect to an election cycle of a can-
didate described in subparagraph (A) is an
amount equal to the sum of—
(I) $150,000; and
(II) $0.04 multiplied by the voting age
population.
(ii) Voting age population
In this subparagraph, the term ‘‘voting
age population’’ means in the case of a
candidate for the office of Senator, the
voting age population of the State of the
candidate (as certified under subsection
(e)).
(C) Increased limit
Except as provided in clause (ii), for pur-
poses of subparagraph (A), if the opposition
personal funds amount is over—
(i) 2 times the threshold amount, but not
over 4 times that amount—
(I) the increased limit shall be 3 times
the applicable limit; and
(II) the limit under subsection (a)(3)
shall not apply with respect to any con-
tribution made with respect to a can-
didate if such contribution is made under
the increased limit of subparagraph (A)
during a period in which the candidate
may accept such a contribution;
(ii) 4 times the threshold amount, but
not over 10 times that amount—
(I) the increased limit shall be 6 times
the applicable limit; and
(II) the limit under subsection (a)(3)
shall not apply with respect to any con-
tribution made with respect to a can-
didate if such contribution is made under
the increased limit of subparagraph (A)
during a period in which the candidate
may accept such a contribution; and
(iii) 10 times the threshold amount—
(I) the increased limit shall be 6 times
the applicable limit;
(II) the limit under subsection (a)(3)
shall not apply with respect to any con-
tribution made with respect to a can-
didate if such contribution is made under
the increased limit of subparagraph (A)
during a period in which the candidate
may accept such a contribution; and
(III) the limits under subsection (d)
with respect to any expenditure by a
State or national committee of a polit-
ical party shall not apply.
(D) Opposition personal funds amount
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 section 30104(a)(6)(B) of this title) that
an opposing candidate 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.
(E) 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 (D)(ii), 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.
(2) 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 section 30104(a)(6)(B) of this
title; 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 110 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
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TITLE 52—VOTING AND ELECTIONS
§ 30116
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.
(3) 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.
(j) Limitation on repayment of personal loans
Any candidate who incurs personal loans made
after the effective date of the Bipartisan Cam-
paign Reform Act of 2002 in connection with the
candidate’s campaign for election shall not
repay (directly or indirectly), to the extent such
loans exceed $250,000, such loans from any con-
tributions made to such candidate or any au-
thorized committee of such candidate after the
date of such election.
(Pub. L. 92–225, title III, § 315, formerly § 320, as
added Pub. L. 94–283, title I, § 112(2), May 11, 1976,
90 Stat. 486; renumbered § 315, Pub. L. 96–187,
title I, § 105(5), Jan. 8, 1980, 93 Stat. 1354; amend-
ed Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095;
Pub. L. 107–155, title I, § 102, title II, §§ 202, 213,
214(a), title III, §§ 304(a), 307(a)–(d), 316, 319(b),
Mar. 27, 2002, 116 Stat. 86, 90, 94, 97, 102, 103, 108,
112; Pub. L. 113–235, div. N, § 101(a), (b), Dec. 16,
2014, 128 Stat. 2772, 2773.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in subsecs. (a)(5) and (h), means
the Federal Election Campaign Act of 1971, as defined
by section 30101 of this title.
For effective date of the Bipartisan Campaign Reform
Act of 2002, referred to in subsec. (j), 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.
CODIFICATION
Section was formerly classified to section 441a 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
certain provisions of this section, formerly classified to
section 441a of Title 2, The Congress, see the Table of
Laws Held Unconstitutional in Whole or in Part by the
Supreme Court on the Constitution Annotated website,
constitution.congress.gov.
PRIOR PROVISIONS
A prior section 315 of Pub. L. 92–225 was renumbered
section 311, and is classified to section 30111 of this
title.
Another prior section 315 of Pub. L. 92–225 was renum-
bered section 310, and is classified to section 30110 of
this title.
AMENDMENTS
2014—Subsec. (a)(1)(B). Pub. L. 113–235, § 101(a)(1), in-
serted ‘‘, or, in the case of contributions made to any
of the accounts described in paragraph (9), exceed 300
percent of the amount otherwise applicable under this
subparagraph with respect to such calendar year’’ be-
fore semicolon at end.
Subsec. (a)(2)(B). Pub. L. 113–235, § 101(a)(2), which di-
rected amendment by substituting ‘‘, or, in the case of
contributions made to any of the accounts described in
paragraph (9), exceed 300 percent of the amount other-
wise applicable under this subparagraph with respect to
such calendar year;’’ for the semicolon at the end, was
executed by making the substitution for the semicolon
which appeared before ‘‘or’’ at the end to reflect the
probable intent of Congress.
Subsec. (a)(9). Pub. L. 113–235, § 101(a)(3), added par.
(9).
Subsec. (d)(5). Pub. L. 113–235, § 101(b), added par. (5).
2002—Subsec. (a)(1). Pub. L. 107–155, §§ 304(a)(1), 319(b),
substituted ‘‘Except as provided in subsection (i) and
section 441a–1 of this title, no person’’ for ‘‘No person’’
in introductory provisions.
Subsec. (a)(1)(A). Pub. L. 107–155, § 307(a)(1), sub-
stituted ‘‘$2,000’’ for ‘‘$1,000’’.
Subsec. (a)(1)(B). Pub. L. 107–155, §§ 102(1), 307(a)(2),
substituted ‘‘$25,000;’’ for ‘‘$20,000; or’’.
Subsec. (a)(1)(C). Pub. L. 107–155, § 102(2), inserted
‘‘(other than a committee described in subparagraph
(D))’’ after ‘‘committee’’ and substituted ‘‘; or’’ for pe-
riod at end.
Subsec. (a)(1)(D). Pub. L. 107–155, § 102(3), added sub-
par. (D).
Subsec. (a)(3). Pub. L. 107–155, § 307(b), amended par.
(3) generally. Prior to amendment, par. (3) read as fol-
lows: ‘‘No individual shall make contributions aggre-
gating more than $25,000 in any calendar year. For pur-
poses of this paragraph, any contribution made to a
candidate in a year other than the calendar year in
which the election is held with respect to which such
contribution is made, is considered to be made during
the calendar year in which such election is held.’’
Subsec. (a)(7)(B)(ii), (iii). Pub. L. 107–155, § 214(a),
added cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (a)(7)(C), (D). Pub. L. 107–155, § 202, added sub-
par. (C) and redesignated former subpar. (C) as (D).
Subsec. (c)(1). Pub. L. 107–155, § 307(d)(1), redesignated
existing provisions as subpar. (A), struck out at end
‘‘Each limitation established by subsection (b) of this
section and subsection (d) of this section shall be in-
creased by such percent difference. Each amount so in-
creased shall be the amount in effect for such calendar
year.’’, and added subpars. (B) and (C).
Subsec. (c)(2)(B). Pub. L. 107–155, § 307(d)(2), sub-
stituted ‘‘means—’’ for ‘‘means the calendar year 1974’’
and added cls. (i) and (ii).
Subsec. (d)(1). Pub. L. 107–155, § 213(1), substituted
‘‘paragraphs (2), (3), and (4)’’ for ‘‘paragraphs (2) and
(3)’’.
Subsec. (d)(4). Pub. L. 107–155, § 213(2), added par. (4).
Subsec. (h). Pub. L. 107–155, § 307(c), substituted
‘‘$35,000’’ for ‘‘$17,500’’.
Subsec. (i). Pub. L. 107–155, § 304(a)(2), added subsec.
(i).
Subsec. (i)(1)(E). Pub. L. 107–155, § 316, added subpar.
(E).
Subsec. (j). Pub. L. 107–155, § 304(a)(2), added subsec.
(j).
1986—Subsecs. (a)(5), (b)(1). Pub. L. 99–514 substituted
‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue
Code of 1954’’, which for purposes of codification was
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
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Dollar limits on contributions**
(1) Except as provided in subsection (i) and [section 30117 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section30117&num=0&edition=prelim), no person shall make contributions—
(A) to any candidate and his authorized political committees with respect to any election for Federal office which, in the aggregate, exceed $2,000;
(B) to the political committees established and maintained by a national political party, which are not the authorized political committees of any candidate, in any calendar year which, in the aggregate, exceed $25,000, or, in the case of contributions made to any of the accounts described in paragraph (9), exceed 300 percent of the amount otherwise applicable under this subparagraph with respect to such calendar year;
(C) to any other political committee (other than a committee described in subparagraph (D)) in any calendar year which, in the aggregate, exceed $5,000; or
(D) to a political committee established and maintained by a State committee of a political party in any calendar year which, in the aggregate, exceed $10,000.
(2) No multicandidate political committee shall make contributions—
(A) to any candidate and his authorized political committees with respect to any election for Federal office which, in the aggregate, exceed $5,000;
(B) to the political committees established and maintained by a national political party, which are not the authorized political committees of any candidate, in any calendar year, which, in the aggregate, exceed $15,000, or, in the case of contributions made to any of the accounts described in paragraph (9), exceed 300 percent of the amount otherwise applicable under this subparagraph with respect to such calendar ye
Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 30116
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.