Sec. 751. Eligibility requirements and benefits of fair elections financing of senate election campaigns
5,560 words·~25 min read·
/bill/116/s/5070/is/section-751A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.) is amended by adding at the end the following: In this title: The term allocation from the Fund means an allocation of money from the Freedom From Influence Fund to a participating candidate pursuant to section 522. The term Commission means the Federal Election Commission. The term enhanced matching contribution means an enhanced matching payment provided to a participating candidate for qualified small dollar contributions, as provided under section 524.
The term enhanced support qualifying period means, with respect to a general election, the period which begins 60 days before the date of the election and ends 14 days before the date of the election. The term Fair Elections qualifying period means, with respect to any candidate for Senator, the period— beginning on the date on which the candidate files a statement of intent under section 511(a)(1); and ending on the date that is 30 days before— the date of the primary election; or in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot.
The term Fair Elections start date means, with respect to any candidate, the date that is 180 days before— the date of the primary election; or in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. The term Fund means the Freedom From Influence Fund established by section 502. The term immediate family means, with respect to any candidate— the candidate’s spouse; a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate’s spouse; and the spouse of any person described in subparagraph (B).
The term matching contribution means a matching payment provided to a participating candidate for qualified small dollar contributions, as provided under section 523. The term nonparticipating candidate means a candidate for Senator who is not a participating candidate. The term participating candidate means a candidate for Senator who is certified under section 514 as being eligible to receive an allocation from the Fund. The term qualifying contribution means, with respect to a candidate, a contribution that— is in an amount that is— not less than the greater of $5 or the amount determined by the Commission under section 531; and not more than the greater of $200 or the amount determined by the Commission under section 531; is made by an individual— who is a resident of the State in which such candidate is seeking election; and who is not otherwise prohibited from making a contribution under this Act; is made during the Fair Elections qualifying period; and meets the requirements of section 512(b).
The term qualified small dollar contribution means, with respect to a candidate, any contribution (or series of contributions)— which is not a qualifying contribution (or does not include a qualifying contribution); which is made by an individual who is not prohibited from making a contribution under this Act; and the aggregate amount of which does not exceed the greater of— $200 per election; or the amount per election determined by the Commission under section 531. The term qualifying multicandidate political committee contribution means any contribution to a candidate that is made from a qualified account of a multicandidate political committee (within the meaning of section 315(a)(2)).
For purposes of subparagraph (A), the term qualified account means, with respect to a multicandidate political committee, a separate, segregated account of the committee that consists solely of contributions which meet the following requirements: All contributions to such account are made by individuals who are not prohibited from making contributions under this Act. The aggregate amount of contributions from each individual to such account and all other accounts of the political committee do not exceed the amount described in paragraph (13)(C).
There is established in the Treasury a fund to be known as the Freedom From Influence Fund . The Fund shall consist of the following amounts: Amounts transferred under section 3015 of title 18, United States Code, section 9707 of title 31, United States Code, and section 6761 of the Internal Revenue Code of 1986. Amounts deposited into the Fund under— section 513(c) (relating to exceptions to contribution requirements); section 521(c) (relating to remittance of unused payments from the Fund); and section 532 (relating to violations).
Interest on, and the proceeds from, the sale or redemption of any obligations held by the Fund under subsection (c). The Commission shall invest portions of the Fund in obligations of the United States in the same manner as provided under section 9602(b) of the Internal Revenue Code of 1986. Amounts in the Fund shall be available without further appropriation or fiscal year limitation to make payments to participating candidates as provided in this title. Not later than 90 days before the first day of each election cycle (beginning with the first election cycle that begins after the date of the enactment of this title), the Commission shall— audit the Fund to determine whether the amounts in the Fund will be sufficient to make payments to participating candidates in the amounts provided in this title during such election cycle; and submit a report to Congress describing the results of the audit.
If, on the basis of the audit described in subparagraph (A), the Commission determines that the amount anticipated to be available in the Fund with respect to the election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of participating candidates to payments under this title for such election cycle, the Commission shall reduce each amount which would otherwise be paid to a participating candidate under this title by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the election cycle will not exceed the amount anticipated to be available for such payments in the Fund with respect to such election cycle.
If, after reducing the amounts paid to participating candidates with respect to an election cycle under clause (i), the Commission determines that there are sufficient amounts in the Fund to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment on a pro rata basis to each such participating candidate with respect to the election cycle in the amount by which such candidate’s payments were reduced under clause
(i)(or any portion thereof, as the case may be). In any case in which the Commission determines that there are insufficient moneys in the Fund to make payments to participating candidates under this title, moneys shall not be made available from any other source for the purpose of making such payments. In addition to the use described in subsection (d), amounts in the Fund shall be available without further appropriation or fiscal year limitation— to make payments under chapter 95 of subtitle H of the Internal Revenue Code of 1986 pursuant to sections 9006(b) and 9008(j) of such Code, subject to reductions under section 9013(b) of such Code; and to make payments to candidates under chapter 96 of subtitle H of the Internal Revenue Code of 1986, subject to reductions under section 9043(b) of such Code. This section shall take effect on the date of the enactment of this title. A candidate for Senator is eligible to receive an allocation from the Fund for any election if the candidate meets the following requirements: The candidate files with the Commission a statement of intent to seek certification as a participating candidate under this title during the period beginning on the Fair Elections start date and ending on the last day of the Fair Elections qualifying period. The candidate meets the qualifying contribution requirements of section 512. Not later than the last day of the Fair Elections qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate’s principal campaign committee declaring that the candidate— has complied and, if certified, will comply with the contribution and expenditure requirements of section 513; if certified, will not run as a nonparticipating candidate during such year in any election for the office that such candidate is seeking; and has either qualified or will take steps to qualify under State law to be on the ballot. Notwithstanding subsection (a), a candidate shall not be eligible to receive an allocation from the Fund for a general election or a general runoff election unless the candidate’s party nominated the candidate to be placed on the ballot for the general election or the candidate otherwise qualified to be on the ballot under State law. A candidate for Senator meets the requirement of this section if, during the Fair Elections qualifying period, the candidate obtains— a number of qualifying contributions equal to the greater of— the sum of— 2,000; plus 500 for each congressional district in the State with respect to which the candidate is seeking election; or the amount determined by the Commission under section 531; and a total dollar amount of qualifying contributions equal to the greater of— 10 percent of the amount of the allocation such candidate would be entitled to receive for the primary election under section 522(c)(1) (determined without regard to paragraph
(5)thereof) if such candidate were a participating candidate; or the amount determined by the Commission under section 531. Each qualifying contribution— may be made by means of a personal check, money order, debit card, credit card, or electronic payment account; shall be accompanied by a signed statement containing— the contributor’s name and the contributor’s address in the State in which the contributor is registered to vote; and an oath declaring that the contributor— understands that the purpose of the qualifying contribution is to show support for the candidate so that the candidate may qualify for Fair Elections financing; is making the contribution in his or her own name and from his or her own funds; has made the contribution willingly; and has not received anything of value in return for the contribution; and shall be acknowledged by a receipt that is sent to the contributor with a copy kept by the candidate for the Commission and a copy kept by the candidate for the election authorities in the State with respect to which the candidate is seeking election. The Commission shall establish procedures for the auditing and verification of qualifying contributions to ensure that such contributions meet the requirements of this section. A candidate for Senator meets the requirements of this section if, during the election cycle of the candidate, the candidate— except as provided in subsection (b), accepts no contributions other than— qualifying contributions; qualified small dollar contributions; qualifying multicandidate political committee contributions; allocations from the Fund under section 522; matching contributions under section 523; enhanced matching contributions under section 524; and vouchers provided to the candidate under section 525; makes no expenditures from any amounts other than from— qualifying contributions; qualified small dollar contributions; qualifying multicandidate political committee contributions; allocations from the Fund under section 522; matching contributions under section 523; enhanced matching contributions under section 524; and vouchers provided to the candidate under section 525; and makes no expenditures from personal funds or the funds of any immediate family member (other than funds received through qualified small dollar contributions and qualifying contributions). For purposes of this subsection, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate. A political committee of a participating candidate which is not an authorized committee of such candidate may accept contributions other than contributions described in subsection (a)(1) from any person if— the aggregate contributions from such person for any calendar year do not exceed $200; and no portion of such contributions is disbursed in connection with the campaign of the participating candidate. Notwithstanding subsection (a), a candidate shall not be treated as having failed to meet the requirements of this section if any contributions that are not qualified small dollar contributions, qualifying contributions, qualifying multicandidate political committee contributions, or contributions that meet the requirements of subsection
(b)and that are accepted before the date the candidate files a statement of intent under section 511(a)(1) are— returned to the contributor; or submitted to the Commission for deposit in the Fund. Not later than 5 days after a candidate for Senator files an affidavit under section 511(a)(3), the Commission shall— certify whether or not the candidate is a participating candidate; and notify the candidate of the Commission’s determination. The Commission may revoke a certification under subsection
(a)if— a candidate fails to qualify to appear on the ballot at any time after the date of certification; or a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. If certification is revoked under paragraph (1), the candidate shall repay to the Fund an amount equal to the value of benefits received under this title plus interest (at a rate determined by the Commission) on any such amount received. For each election with respect to which a candidate is certified as a participating candidate under section 514, such candidate shall be entitled to— an allocation from the Fund to make or obligate to make expenditures with respect to such election, as provided in section 522; matching contributions, as provided in section 523; enhanced matching contributions, as provided in section 524; and for the general election, vouchers for broadcasts of political advertisements, as provided in section 525. Allocations from the Fund received by a participating candidate under section 522, matching contributions under section 523, and enhanced matching contributions under section 524 may only be used for campaign-related costs. Not later than the date that is 45 days after an election in which the participating candidate appeared on the ballot, such participating candidate shall remit to the Commission for deposit in the Fund an amount equal to the lesser of— the amount of money in the candidate’s campaign account; or the sum of the allocations from the Fund received by the candidate under section 522, the matching contributions received by the candidate under section 523, and the enhanced matching contributions under section 524. In the case of a candidate who qualifies to be on the ballot for a primary runoff election, a general election, or a general runoff election, the amounts described in paragraph
(1)may be retained by the candidate and used in such subsequent election. The Commission shall make allocations from the Fund under section 521(a)(1) to a participating candidate— in the case of amounts provided under subsection (c)(1), not later than 48 hours after the date on which such candidate is certified as a participating candidate under section 514; in the case of a general election, not later than 48 hours after— the date of the certification of the results of the primary election or the primary runoff election; or in any case in which there is no primary election, the date the candidate qualifies to be placed on the ballot; and in the case of a primary runoff election or a general runoff election, not later than 48 hours after the certification of the results of the primary election or the general election, as the case may be. The Commission shall distribute funds available to participating candidates under this section through the use of an electronic funds exchange or a debit card. Except as provided in paragraph (5), the Commission shall make an allocation from the Fund for a primary election to a participating candidate in an amount equal to 67 percent of the base amount with respect to such participating candidate. The Commission shall make an allocation from the Fund for a primary runoff election to a participating candidate in an amount equal to 25 percent of the amount the participating candidate was eligible to receive under this section for the primary election. Except as provided in paragraph (5), the Commission shall make an allocation from the Fund for a general election to a participating candidate in an amount equal to the base amount with respect to such candidate. The Commission shall make an allocation from the Fund for a general runoff election to a participating candidate in an amount equal to 25 percent of the base amount with respect to such candidate. In the case of a primary or general election that is an uncontested election, the Commission shall make an allocation from the Fund to a participating candidate for such election in an amount equal to 25 percent of the allocation which such candidate would be entitled to under this section for such election if this paragraph did not apply. For purposes of this subparagraph, an election is uncontested if not more than 1 candidate has campaign funds (including payments from the Fund) in an amount equal to or greater than 10 percent of the allocation a participating candidate would be entitled to receive under this section for such election if this paragraph did not apply. Except as otherwise provided in this subsection, the base amount for any candidate is an amount equal to the greater of— the sum of— $750,000; plus $150,000 for each congressional district in the State with respect to which the candidate is seeking election; or the amount determined by the Commission under section 531. In each even-numbered year after 2025— each dollar amount under paragraph (1)(A) shall be increased by the percent difference between the price index (as defined in section 315(c)(2)(A)) for the 12 months preceding the beginning of such calendar year and the price index for calendar year 2022; each dollar amount so increased 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; and if any amount after adjustment under subparagraph
(A)is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. The Commission shall pay to each participating candidate an amount equal to 600 percent of the amount of qualified small dollar contributions received by the candidate from individuals who are residents of the State in which such participating candidate is seeking election after the date on which such candidate is certified under section 514. The aggregate payments under subsection
(a)with respect to any candidate shall not exceed the greater of— 400 percent of the allocation such candidate is entitled to receive for such election under section 522 (determined without regard to subsection (c)(5) thereof); or the percentage of such allocation determined by the Commission under section 531. The Commission shall make payments under this section not later than 2 business days after the receipt of a report made under subsection (d). Each participating candidate shall file reports of receipts of qualified small dollar contributions at such times and in such manner as the Commission may by regulations prescribe. Each report under this subsection shall disclose— the amount of each qualified small dollar contribution received by the candidate; the amount of each qualified small dollar contribution received by the candidate from a resident of the State in which the candidate is seeking election; and the name, address, and occupation of each individual who made a qualified small dollar contribution to the candidate. Reports under this subsection shall be made no more frequently than— once every month until the date that is 90 days before the date of the election; once every week after the period described in subparagraph
(A)and until the date that is 21 days before the election; and once every day after the period described in subparagraph (B). The Commission may not prescribe any regulations with respect to reporting under this subsection with respect to any election after the date that is 180 days before the date of such election. The Commission shall provide a written explanation with respect to any denial of any payment under this section and shall provide the opportunity for review and reconsideration within 5 business days of such denial. In addition to the payments made under section 523, the Commission shall make an additional payment to an eligible candidate under this section. A candidate is eligible to receive an additional payment under this section if the candidate meets each of the following requirements: The candidate is on the ballot for the general election for the office the candidate seeks. The candidate is certified as a participating candidate under this title with respect to the election. During the enhanced support qualifying period, the candidate receives qualified small dollar contributions in a total amount of not less than the sum of $15,000 for each congressional district in the State with respect to which the candidate is seeking election. During the enhanced support qualifying period, the candidate submits to the Commission a request for the payment which includes— a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying period; a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and such other information and assurances as the Commission may require. After submitting a request for the additional payment under paragraph (4), the candidate does not submit any other application for an additional payment under this title. Subject to paragraph (2), the amount of the additional payment made to an eligible candidate under this subtitle shall be an amount equal to 50 percent of— the amount of the payment made to the candidate under section 523 with respect to the qualified small dollar contributions which are received by the candidate during the enhanced support qualifying period (as included in the request submitted by the candidate under (b)(4)(A)); or in the case of a candidate who is not eligible to receive a payment under section 523 with respect to such qualified small dollar contributions because the candidate has reached the limit on the aggregate amount of payments under section 523, the amount of the payment which would have been made to the candidate under section 523 with respect to such qualified small dollar contributions if the candidate had not reached such limit. The amount of the additional payment determined under paragraph
(1)with respect to a candidate may not exceed the sum of $150,000 for each congressional district in the State with respect to which the candidate is seeking election. The amount of the additional payment made to a candidate under this section shall not be included in determining the aggregate amount of payments made to a participating candidate with respect to an election cycle under section 523. The Commission shall establish and administer a voucher program for the purchase of airtime on broadcasting stations for political advertisements in accordance with the provisions of this section. The Commission shall only disburse vouchers under the program established under subsection
(a)to participants certified pursuant to section 514 who have agreed in writing to keep and furnish to the Commission such records, books, and other information as it may require. The Commission shall disburse vouchers to each candidate certified under subsection
(b)in an aggregate amount equal to the greater of— $100,000 multiplied by the number of congressional districts in the State with respect to which such candidate is running for office; or the amount determined by the Commission under section 531. Vouchers disbursed by the Commission under this section may be used only for the purchase of broadcast airtime for political advertisements relating to a general election for the office of Senate by the participating candidate to which the vouchers were disbursed, except that— a candidate may exchange vouchers with a political party under paragraph (2); and a political party may use vouchers only to purchase broadcast airtime for political advertisements for generic party advertising (as defined by the Commission in regulations), to support candidates for State or local office in a general election, or to support participating candidates of the party in a general election for Federal office, but only if it discloses the value of the voucher used as an expenditure under section 315(d). A participating candidate who receives a voucher under this section may transfer the right to use all or a portion of the value of the voucher to a committee of the political party of which the individual is a candidate (or, in the case of a participating candidate who is not a member of any political party, to a committee of the political party of that candidate’s choice) in exchange for money in an amount equal to the cash value of the voucher or portion exchanged. The transfer of a voucher, in whole or in part, to a political party committee under this paragraph does not release the candidate from any obligation under the agreement made under subsection
(b)or otherwise modify that agreement or its application to that candidate. Any political party committee to which a voucher or portion thereof is transferred under subparagraph (A)— shall account fully, in accordance with such requirements as the Commission may establish, for the receipt of the voucher; and may not use the transferred voucher or portion thereof for any purpose other than a purpose described in paragraph (1)(B). If a candidate transfers a voucher or any portion thereof to a political party committee under subparagraph (A)— the value of the voucher or portion thereof transferred shall be treated as a contribution from the candidate to the committee, and from the committee to the candidate, for purposes of sections 302 and 304; the committee may, in exchange, provide to the candidate only funds subject to the prohibitions, limitations, and reporting requirements of title III of this Act; and the amount, if identified as a voucher exchange , shall not be considered a contribution for the purposes of sections 315 and 513. Each voucher disbursed by the Commission under this section shall have a value in dollars, redeemable upon presentation to the Commission, together with such documentation and other information as the Commission may require, for the purchase of broadcast airtime for political advertisements in accordance with this section. A broadcasting station shall accept vouchers in payment for the purchase of broadcast airtime for political advertisements in accordance with this section. The Commission shall redeem vouchers accepted by broadcasting stations under paragraph
(2)upon presentation, subject to such documentation, verification, accounting, and application requirements as the Commission may impose to ensure the accuracy and integrity of the voucher redemption system. A voucher may only be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on the day before the date of the Federal election in connection with which it was issued and shall be null and void for any other use or purpose. A voucher held by a political party committee may be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on December 31st of the odd-numbered year following the year in which the voucher was issued by the Commission. The use of a voucher to purchase broadcast airtime constitutes an expenditure as defined in section 301(9)(A). In this section: The term broadcasting station has the meaning given that term by section 315(f)(1) of the Communications Act of 1934. The term political party means a major party or a minor party as defined in section 9002
(3)or
(4)of the Internal Revenue Code of 1986 ( 26 U.S.C. 9002
(3)or (4)). The Commission shall have the power to administer the provisions of this title and shall prescribe regulations to carry out the purposes of this title, including regulations— to establish procedures for— verifying the amount of valid qualifying contributions with respect to a candidate; effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions; monitoring the raising of qualifying multicandidate political committee contributions through effectively and efficiently monitoring and enforcing the limits on individual contributions to qualified accounts of multicandidate political committees; effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; monitoring the use of allocations from the Fund and matching contributions under this title through audits or other mechanisms; and the administration of the voucher program under section 525; and regarding the conduct of debates in a manner consistent with the best practices of States that provide public financing for elections. After each general election for Federal office, the Commission shall conduct a comprehensive review of the Fair Elections financing program under this title, including— the maximum dollar amount of qualified small dollar contributions under section 501(13); the maximum and minimum dollar amounts for qualifying contributions under section 501(12); the number and value of qualifying contributions a candidate is required to obtain under section 512 to qualify for allocations from the Fund; the amount of allocations from the Fund that candidates may receive under section 522; the maximum amount of matching contributions a candidate may receive under section 523; the maximum amount of enhanced matching contributions a candidate may receive under section 524; the amount and usage of vouchers under section 525; the overall satisfaction of participating candidates and the American public with the program; and such other matters relating to financing of Senate campaigns as the Commission determines are appropriate. In conducting the review under subparagraph (A), the Commission shall consider the following: The Commission shall consider whether the number and dollar amount of qualifying contributions required and maximum dollar amount for such qualifying contributions and qualified small dollar contributions strikes a balance regarding the importance of voter involvement, the need to assure adequate incentives for participating, and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Commission determines is appropriate. The Commission shall consider whether the totality of the amount of funds allowed to be raised by participating candidates (including through qualifying contributions and small dollar contributions), allocations from the Fund under section 522, matching contributions under section 523, enhanced matching contributions under section 524, and vouchers under section 525 are sufficient for voters in each State to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Commission determines is appropriate. Based on the review conducted under subparagraph (A), the Commission shall provide for the adjustments of the following amounts: The maximum dollar amount of qualified small dollar contributions under section 501(13)(C). The maximum and minimum dollar amounts for qualifying contributions under section 501(12)(A). The number and value of qualifying contributions a candidate is required to obtain under section 512(a)(1). The base amount for candidates under section 522(d). The maximum amount of matching contributions a candidate may receive under section 523(b). The maximum amount of enhanced matching contributions a candidate may receive under section 524(c). The dollar amount for vouchers under section 525(c). The Commission shall promulgate regulations providing for the adjustments made under clause (i). Not later than March 30 following any general election for Federal office, the Commission shall submit a report to Congress on the review conducted under subparagraph (A). Such report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission based on such review. Not later than March 30, 2024, and every 2 years thereafter, the Commission shall submit to the Senate Committee on Rules and Administration a report documenting, evaluating, and making recommendations relating to the administrative implementation and enforcement of the provisions of this title. There are authorized to be appropriated such sums as are necessary to carry out the purposes of this subtitle. If a candidate who has been certified as a participating candidate under section 514 accepts a contribution or makes an expenditure that is prohibited under section 513, the Commission shall assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the Fund. If the Commission determines that any benefit made available to a participating candidate under this title was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Fund an amount equal to— the amount of benefits so used or not remitted, as appropriate; and interest on any such amounts (at a rate determined by the Commission). Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title. .
Connectionstraces to 2
Traces to 2 documents
U.S. Code
Citation graph
cites case law
Sec. 751
Eligibility requirements and benefits of fair elections financing of senate election campaigns
Cites 2Cited by 0 across 0 sources