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52 U.S.C. § 30116 — Limitations on contributions and ex-

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52 U.S.C. § 30116 — Limitations on contributions and ex-

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 Page 131 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

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 30116 — Limitations on contributions and expenditures

**(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

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