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
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.
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.
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.
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.
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) (in this subsection referred to as the "applicable limit") with respect to that candidate shall be the increased limit.
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-
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)).
Except as provided in clause (ii), for purposes of subparagraph (A), if the opposition personal funds amount is over-
The opposition personal funds amount is an amount equal to the excess (if any) of-
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.
For purposes of clause (i), the term "gross receipts advantage" means the excess, if any, of-
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)-
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.
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).
A candidate or a candidate's authorized committee shall return the excess contribution to the person who made the contribution.
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.
1 So in original. The word "and" probably should not appear.
52 U.S.C. § 30116
REFERENCES IN TEXTThis Act, referred to in subsecs. (a)(5) and (h), means the Federal Election Campaign Act of 1971, as defined by sectionof 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 of this title.
CODIFICATIONSection was formerly classified to sectionof Title 2, The Congress, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title.
CONSTITUTIONALITYFor information regarding constitutionality of certain provisions of section 315 of Pub. L. 92-225, as added by section 112(2) of Pub. L. 94-283 and amended by section 213 of Pub. L. 107-155, and information regarding constitutionality of certain provisions of section 307(b) of Pub. L. 107-155, see Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Appendix 1, Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States.
PRIOR PROVISIONSA prior section 315 of Pub. L. 92-225 was renumbered section 311, and is classified to sectionof this title.Another prior section 315 of Pub. L. 92-225 was renumbered section 310, and is classified to section of this title.
AMENDMENTS2014-Subsec. (a)(1)(B). Pub. L. 113-235inserted ", 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" before semicolon at end. Subsec. (a)(2)(B). Pub. L. 113-235which directed 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 otherwise 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. 113-235added par. (9). Subsec. (d)(5). Pub. L. 113-235added par. (5). 2002-Subsec. (a)(1). Pub. L. 107-155substituted "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. 107-155substituted "$2,000" for "$1,000".Subsec. (a)(1)(B). Pub. L. 107-155substituted "$25,000;" for "$20,000; or".Subsec. (a)(1)(C). Pub. L. 107-155inserted "(other than a committee described in subparagraph (D))" after "committee" and substituted "; or" for period at end.Subsec. (a)(1)(D). Pub. L. 107-155added subpar. (D). Subsec. (a)(3). Pub. L. 107-155amended 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. 107-155added cl. (ii) and redesignated former cl. (ii) as (iii).Subsec. (a)(7)(C), (D). Pub. L. 107-155added subpar. (C) and redesignated former subpar. (C) as (D).Subsec. (c)(1). Pub. L. 107-155redesignated 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. 107-155substituted "means-" for "means the calendar year 1974" and added cls. (i) and (ii).Subsec. (d)(1). Pub. L. 107-155substituted "paragraphs (2), (3), and (4)" for "paragraphs (2) and (3)".Subsec. (d)(4). Pub. L. 107-155added par. (4). Subsec. (h). Pub. L. 107-155substituted "$35,000" for "$17,500".Subsec. (i). Pub. L. 107-155added subsec. (i). Subsec. (i)(1)(E). Pub. L. 107-155added subpar. (E). Subsec. (j). Pub. L. 107-155added 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 2014 AMENDMENT Pub. L. 113-235Dec. 16, 2014, 128 Stat. 2773, provided that: "The amendments made by this section [amending this section] shall apply with respect 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. 107-1552002, 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 sectionof this title.
REGULATIONS BY THE FEDERAL ELECTION COMMISSIONPub. L. 107-1552002, 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."