CITE
2 USC Sec. 441a 01/05/2009
EXPCITE
TITLE 2 - THE CONGRESS
CHAPTER 14 - FEDERAL ELECTION CAMPAIGNS
SUBCHAPTER I - DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
HEAD
Sec. 441a. Limitations on contributions and expenditures
STATUTE
(a) Dollar limits on contributions
(1) Except as provided in subsection (i) of this section and
section 441a-1 of this title, 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;
(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
(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 December 31 of the next even-numbered
year, no individual 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 contributions, of which
not more than $37,500 may be attributable to contributions to
political committees which are not political committees of
national political parties.
(4) The limitations on contributions contained in paragraphs (1)
and (2) do not apply to transfers between and among political
committees which are national, State, district, or local committees
(including any subordinate committee thereof) of the same political
party. For purposes of paragraph (2), the term "multicandidate
political committee" means a political committee which has been
registered under section 433 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 contributions to 5 or more candidates for Federal office.
(5) For purposes of the limitations provided by paragraph (1) and
paragraph (2), all contributions 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 single 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 paragraph (2) all
contributions made by a single political committee established or
financed or maintained or controlled by a national committee of a
political party and by a single political committee established or
financed or maintained 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 transfer 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 nomination 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 exceeded by such transfer; and (iii) the candidate has not
elected to receive any funds under chapter 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 subsidiaries, 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 candidate 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 contributions 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 contribution 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 contributions made to such party committee; and
(iii) the financing by any person of the dissemination,
distribution, or republication, in whole or in part, of any
broadcast or any written, graphic, or other form of campaign
materials prepared by the candidate, his campaign committees, or
their authorized agents shall be considered to be an expenditure
for purposes of this paragraph; and (!1)
(C) if -
(i) any person makes, or contracts to make, any disbursement
for any electioneering communication (within the meaning of
section 434(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 political 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 supported by the electioneering
communication or that candidate's party and as an expenditure 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
President 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 particular candidate, including contributions which are
in any way earmarked or otherwise directed through an intermediary
or conduit to such candidate, 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.
(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 eligibility 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 subparagraph in any one State shall not exceed the
greater of 16 cents multiplied by the voting age population of
the State (as certified under subsection (e) of this section), 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
expenditures made by or on behalf of the candidate 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 candidate, if it is made by -
(i) an authorized committee or any other agent of the
candidate for purposes of making 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 Statistics of the Department of Labor, the Secretary of Labor
shall certify to the Commission and publish in the Federal Register
the percent difference between the price index for the 12 months
preceding the beginning of such calendar year and the price index
for the base period.
(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) of this section 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
multiple of $100.
(C) In the case of limitations under subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h) of this section, increases 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 average over a calendar
year of the Consumer Price Index (all items - United States city
average) published monthly by the Bureau of Labor Statistics; and
(B) the term "base period" means -
(i) for purposes of subsections (b) and (d) of this section,
calendar year 1974; and
(ii) for purposes of subsections (a)(1)(A), (a)(1)(B),
(a)(3), and (h) of this section, calendar year 2001.
(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 committee of a political party and a State committee of a
political party, including any subordinate committee of a State
committee, may make expenditures in connection with the general
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
candidate for President of the United States who is affiliated with
such party which exceeds an amount equal to 2 cents multiplied by
the voting age population of the United States (as certified under
subsection (e) of this section). Any expenditure under this
paragraph shall be in addition to any expenditure by a national
committee of a political party serving as the principal campaign
committee of a candidate for the office of President 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) of this section); or
(ii) $20,000; and
(B) in the case of a candidate for election to the office of
Representative, Delegate, or Resident Commissioner in any other
State, $10,000.
(4) Independent versus coordinated expenditures 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 defined in
section 431(17) of this title) with respect to the candidate
during the election cycle; or
(ii) any independent expenditure (as defined in section
431(17) of this title) with respect to the candidate during the
election cycle at any time after it makes any coordinated
expenditure under this subsection with respect to the candidate
during the election cycle.
(B) Application. - For purposes of this paragraph, all
political committees established and maintained by a national
political party (including all congressional campaign committees)
and all political committees established 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
candidate shall not, during an election cycle, transfer any funds
to, assign authority to make coordinated expenditures under this
subsection to, or receive a transfer of funds from, a committee
of the political party that has made or intends to make an
independent expenditure with respect to the candidate.
(e) Certification and publication of estimated voting age
population
During the first week of January 1975, and every subsequent year,
the Secretary of Commerce shall certify to the Commission and
publish 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 population" 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 contribution made for the benefit or use
of a candidate, or knowingly make any expenditure on behalf of a
candidate, in violation of any limitation imposed 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 presidential nominations for use in 2 or more
States shall be attributed to such candidate's expenditure
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
nomination for election, or for election, to the United States
Senate during the year in which an election is held in which he is
such a candidate, by the Republican or Democratic Senatorial
Campaign Committee, or the national committee of a political party,
or any combination of such committees.
(i) Increased limit to allow response to expenditures from personal
funds
(1) Increase
(A) In general
Subject to paragraph (2), if the opposition personal funds
amount with respect to a candidate for election to the office
of Senator exceeds the threshold amount, the limit under
subsection (a)(1)(A) of this section (in this subsection
referred to as the "applicable limit") with respect to that
candidate shall be the increased limit.
(B) Threshold amount
(i) State-by-State competitive and fair campaign formula
In this subsection, the threshold amount with respect to an
election cycle of a candidate 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) of this section).
(C) Increased limit
Except as provided in clause (ii), for purposes 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) of this section
shall not apply with respect to any contribution made with
respect to a candidate 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) of this section
shall not apply with respect to any contribution made with
respect to a candidate 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) of this section
shall not apply with respect to any contribution made with
respect to a candidate 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) of this section
with respect to any expenditure by a State or national
committee of a political 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 expenditures from
personal funds (as defined in section 434(a)(6)(B) of this
title) that an opposing candidate in the same election makes;
over
(ii) the aggregate amount of expenditures 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 aggregate amount of
expenditures from personal funds under subparagraph (D)(ii),
such amount shall include the gross receipts advantage of the
candidate's authorized committee.
(ii) Gross receipts advantage
For purposes of clause (i), the term "gross receipts
advantage" means the excess, if any, of -
(I) the aggregate amount of 50 percent of gross receipts
of a candidate's authorized committee during any election
cycle (not including contributions from personal funds of
the candidate) that may be expended in connection with the
election, as determined on June 30 and December 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 candidate's authorized committee during any
election cycle (not including contributions from personal
funds of the candidate) that may be expended in connection
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 increased 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 expenditure, under the
increased limit under paragraph (1) -
(i) until the candidate has received notification of the
opposition personal funds amount under section 434(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 candidate
A candidate and a candidate's authorized committee shall not
accept any contribution 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 accepted by a candidate
or a candidate's authorized committee under the increased limit
under paragraph (1) and not otherwise expended in connection
with the election with respect to which such contributions
relate 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 contribution to the person who made the
contribution.
(j) Limitation on repayment of personal loans
Any candidate who incurs personal loans made after the effective
date of the Bipartisan Campaign 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 contributions made to such candidate or any
authorized committee of such candidate after the date of such
election.
SOURCE
(Pub. L. 92-225, title III, Sec. 315, formerly Sec. 320, as added
Pub. L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 486;
renumbered Sec. 315, Pub. L. 96-187, title I, Sec. 105(5), Jan. 8,
1980, 93 Stat. 1354; amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986,
100 Stat. 2095; Pub. L. 107-155, title I, Sec. 102, title II, Secs.
202, 213, 214(a), title III, Secs. 304(a), 307(a)-(d), 316, 319(b),
Mar. 27, 2002, 116 Stat. 86, 90, 94, 97, 102, 103, 108, 112.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (a)(5) and (h), means the
Federal Election Campaign Act of 1971, as amended, as defined by
section 431 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 431 of this title.
PRIOR PROVISIONS
A prior section 315 of Pub. L. 92-225 was renumbered section 311,
and is classified to section 438 of this title.
Another prior section 315 of Pub. L. 92-225 was renumbered
section 310, and is classified to section 437h of this title.
AMENDMENTS
2002 - Subsec. (a)(1). Pub. L. 107-155, Secs. 304(a)(1), 319(b),
substituted "Except as provided in subsection (i) of this section
and section 441a-1 of this title, no person" for "No person" in
introductory provisions.
Subsec. (a)(1)(A). Pub. L. 107-155, Sec. 307(a)(1), substituted
"$2,000" for "$1,000".
Subsec. (a)(1)(B). Pub. L. 107-155, Secs. 102(1), 307(a)(2),
substituted "$25,000;" for "$20,000; or".
Subsec. (a)(1)(C). Pub. L. 107-155, Sec. 102(2), inserted "(other
than a committee described in subparagraph (D))" after "committee"
and substituted "; or" for period at end.
Subsec. (a)(1)(D). Pub. L. 107-155, Sec. 102(3), added subpar.
(D).
Subsec. (a)(3). Pub. L. 107-155, Sec. 307(b), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: "No
individual shall make contributions aggregating more than $25,000
in any calendar year. For purposes 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, Sec. 214(a), added
cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (a)(7)(C), (D). Pub. L. 107-155, Sec. 202, added subpar.
(C) and redesignated former subpar. (C) as (D).
Subsec. (c)(1). Pub. L. 107-155, Sec. 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 increased by such percent
difference. Each amount so increased shall be the amount in effect
for such calendar year.", and added subpars. (B) and (C).
Subsec. (c)(2)(B). Pub. L. 107-155, Sec. 307(d)(2), substituted
"means - " for "means the calendar year 1974" and added cls. (i)
and (ii).
Subsec. (d)(1). Pub. L. 107-155, Sec. 213(1), substituted
"paragraphs (2), (3), and (4)" for "paragraphs (2) and (3)".
Subsec. (d)(4). Pub. L. 107-155, Sec. 213(2), added par. (4).
Subsec. (h). Pub. L. 107-155, Sec. 307(c), substituted "$35,000"
for "$17,500".
Subsec. (i). Pub. L. 107-155, Sec. 304(a)(2), added subsec. (i).
Subsec. (i)(1)(E). Pub. L. 107-155, Sec. 316, added subpar. (E).
Subsec. (j). Pub. L. 107-155, Sec. 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 translated as "title
26" thus requiring no change in text.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-155, title III, Sec. 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 applicable with respect to runoff elections, recounts,
or election contests resulting from elections held prior to Nov. 6,
2002, see section 402 of Pub. L. 107-155, set out as an Effective
Date of 2002 Amendment; Regulations note under section 431 of this
title.
REGULATIONS BY THE FEDERAL ELECTION COMMISSION
Pub. L. 107-155, title II, Sec. 214(c), Mar. 27, 2002, 116 Stat.
95, provided that: "The Federal Election Commission shall
promulgate new regulations on coordinated communications paid for
by persons other than candidates, authorized committees of
candidates, and party committees. The regulations shall not require
agreement or formal collaboration to establish coordination. In
addition 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 employee of a candidate or a
political party; and
"(4) payments for communications made by a person after
substantial discussion about the communication with a candidate
or a political party."
FOOTNOTE
(!1) So in original. The word "and" probably should not appear.