52 U.S.C. § 30101 — Definitions
submitted 54 years ago by Pub. L. 92-225 to r/title-52-VOTING-AND-ELECTIONS · 3,685 words · no verdicts yet
This section defines terms used in the Federal Election Campaign Act. The definitions cover elections, campaign-finance terms, political parties, communications, Federal election activity, election cycles, and personal funds.
Definitions. — (1) “Election” means (A) a general, special, primary, or runoff election; (B) a party convention or caucus authorized to nominate a candidate; (C) a primary selecting delegates to a national nominating convention; or (D) a primary expressing a preference for nominating people for President. (2) “Candidate” means a person seeking nomination or election to Federal office. A person is treated as seeking it if the person receives contributions over $5,000 or spends over $5,000, or consents to another person receiving or spending on the person’s behalf and that person receives or spends over $5,000. (3) “Federal office” means President, Vice President, Senator, Representative, Delegate, or Resident Commissioner. (4) “Political committee” means (A) a group receiving over $1,000 in contributions or spending over $1,000 in a calendar year; (B) a separate segregated fund under section 30118(b); or (C) a local party committee meeting the stated $5,000 contribution, exempt-payment, or $1,000 contribution or expenditure thresholds. (5) “Principal campaign committee” means a committee designated and authorized by a candidate under section 30102(e)(1). (6) “Authorized committee” means that committee or another committee the candidate authorizes under that provision to receive contributions or spend for the candidate. (7) “Connected organization” means a noncommittee organization that directly or indirectly establishes, administers, or financially supports a political committee. (8) “Contribution” includes (A) a gift, subscription, loan, advance, deposit, money, or thing of value given to influence a Federal election, and payment for another person’s free personal services to a committee. It excludes (B)(i) unpaid volunteer services; (ii) an individual’s voluntary use of property and invitations, food, or drinks at the individual’s home or a regularly used noncommercial church or community room, up to $1,000 for one candidate in one election and $2,000 for all party committees in a year; (iii) a vendor’s discounted food or drinks sold for at least cost, within the same $1,000/$2,000 limits; (iv) an individual’s unreimbursed travel, within those limits; (v) a State or local party committee’s printed listing of at least three candidates, except general public political advertising; (vi) a corporation’s or labor organization’s payment or obligation that section 30118(b) excludes from expenditure; (vii) qualifying ordinary-course loans by specified banks and insured institutions, other than overdrafts, if each guarantor’s share is counted, repayment is assured in writing with a due date or schedule, and usual interest is charged; (viii) qualifying employer-provided legal or accounting services for party committees or compliance, with the receiving committee reporting the amounts; (ix) qualifying party campaign materials for volunteers if not general public advertising, paid from regulated contributions, and not designated for a candidate; (x) qualifying candidate campaign materials mentioning another candidate for volunteer work, paid from regulated contributions; (xi) qualifying party voter-registration and get-out-the-vote costs for presidential nominees, subject to the same no-general-advertising, regulated-contributions, and no-candidate-designation limits; (xii) ballot-access payments by candidates, authorized committees, or party committees; (xiii) an honorarium within section 30125; or (xiv) a qualifying loan from an advance on the candidate’s brokerage account, credit card, home-equity line, or other credit line, made lawfully on commercial terms in the lender’s ordinary business. (9) “Expenditure” includes (A) a purchase, payment, distribution, loan, advance, deposit, or gift to influence a Federal election, and a written contract, promise, or agreement to spend. It excludes (B)(i) news, commentary, or editorials through media facilities not owned or controlled by a party, committee, or candidate; (ii) nonpartisan voter registration or encouragement; (iii) qualifying communications by a membership organization or corporation to its members, stockholders, or executive or administrative personnel, with reporting to the Commission when covered express-advocacy costs exceed $2,000; (iv) the printed three-or-more-candidate listings described above, except general public advertising; (v) corporate or labor payments excluded by section 30118(b); (vi) candidate solicitation costs, except authorized-committee costs above 20% of the applicable limit, which must be reported; (vii) qualifying employer-provided legal or accounting services, with reporting by the receiving committee; (viii) qualifying party volunteer campaign materials subject to the three limits above; (ix) qualifying party presidential voter-registration and get-out-the-vote costs subject to those limits; or (x) ballot-access payments received by a party committee and transferred to another party committee or the proper State official. (10) “Commission” means the Federal Election Commission. (11) “Person” includes an individual, partnership, committee, association, corporation, labor organization, or other organization or group, but not the Federal Government or its authority. (12) “State” includes a U.S. State, the District of Columbia, Puerto Rico, or a U.S. territory or possession. (13) “Identification” means an individual’s name, mailing address, occupation, and employer, or another person’s full name and address. (14) “National committee” means the organization responsible under party bylaws for day-to-day national party operations, as determined by the Commission. (15) “State committee” means the organization responsible under party bylaws for day-to-day State party operations, as determined by the Commission. (16) “Political party” means an association, committee, or organization that nominates a Federal candidate whose name appears on the ballot as that group’s candidate. (17) “Independent expenditure” means spending that expressly advocates electing or defeating a clearly identified candidate and is not coordinated with, requested, or suggested by the candidate, authorized committee, agents, or a party committee or agents. (18) “Clearly identified” means the candidate’s name, photograph, or drawing appears, or the identity is apparent from an unambiguous reference. (19) “Act” means the amended Federal Election Campaign Act of 1971. (20) “Federal election activity” means (A) voter-registration activity during the period that begins 120 days before the date of a regularly scheduled Federal election and ends on the date of that election; (B) voter identification, get-out-the-vote, or generic campaign activity connected with an election having a Federal candidate on the ballot; (C) a public communication referring to and promoting or opposing a clearly identified Federal candidate, whether or not it expressly advocates a vote; or (D) a party employee’s services when more than 25% of that month’s paid time concerns a Federal election. It does not include (B)(i) a communication solely about a clearly identified State or local candidate, unless it is activity in (A)(i) or (ii); (ii) a State or local candidate contribution not designated for Federal election activity; (iii) State, district, or local party-convention costs; or (iv) grassroots materials naming or depicting only a State or local candidate. (21) “Generic campaign activity” promotes a party without promoting a candidate or non-Federal candidate. (22) “Public communication” means broadcast, cable, satellite, newspaper, magazine, outdoor advertising, mass mailing, telephone bank, or other general-public political advertising. (23) “Mass mailing” means more than 500 substantially identical pieces sent by mail or facsimile within 30 days. (24) “Telephone bank” means more than 500 substantially identical calls within 30 days. (25) For sections 30116(i), 30117, and paragraph (26), “election cycle” runs from the day after the latest election for the office or seat sought through the next election; primary and general elections are separate. (26) “Personal funds” means (A) assets that, under applicable State law, the candidate had a legal right to access or control when the individual became a candidate, and in which the candidate had legal and rightful title or an equitable interest; (B) current-cycle income, including salary and other earned income, investment dividends and sale proceeds, bequests, income from earlier trusts, beneficiary income from trusts created by bequest during the cycle, customary personal gifts, and lottery or similar lawful-game proceeds; and (C) a portion of assets jointly owned by the candidate and the candidate’s spouse equal to the candidate’s share under the instrument of conveyance or ownership, or, if no specific share is stated in that instrument, one-half of the property.
When used in this Act:
The term “election” means—
a general, special, primary, or runoff election;
a convention or caucus of a political party which has authority to nominate a candidate;
a primary election held for the selection of delegates to a national nominating convention of a political party; and
a primary election held for the expression of a preference for the nomination of individuals for election to the office of President.
The term “candidate” means an individual who seeks nomination for election, or election, to Federal office, and for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election—
if such individual has received contributions aggregating in excess of $5,000 or has made expenditures aggregating in excess of $5,000; or
if such individual has given his or her consent to another person to receive contributions or make expenditures on behalf of such individual and if such person has received such contributions aggregating in excess of $5,000 or has made such expenditures aggregating in excess of $5,000.
The term “Federal office” means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.
The term “political committee” means—
any committee, club, association, or other group of persons which receives contributions aggregating in excess of $1,000 during a calendar year or which makes expenditures aggregating in excess of $1,000 during a calendar year; or
any separate segregated fund established under the provisions of section 30118(b) of this title; or
any local committee of a political party which receives contributions aggregating in excess of $5,000 during a calendar year, or makes payments exempted from the definition of contribution or expenditure as defined in paragraphs (8) and (9) aggregating in excess of $5,000 during a calendar year, or makes contributions aggregating in excess of $1,000 during a calendar year or makes expenditures aggregating in excess of $1,000 during a calendar year.
The term “principal campaign committee” means a political committee designated and authorized by a candidate under section 30102(e)(1) of this title.
The term “authorized committee” means the principal campaign committee or any other political committee authorized by a candidate under section 30102(e)(1) of this title to receive contributions or make expenditures on behalf of such candidate.
The term “connected organization” means any organization which is not a political committee but which directly or indirectly establishes, administers or financially supports a political committee.
The term “contribution” includes—
any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of influencing any election for Federal office; or
the payment by any person of compensation for the personal services of another person which are rendered to a political committee without charge for any purpose.
The term “contribution” does not include—
the value of services provided without compensation by any individual who volunteers on behalf of a candidate or political committee;
the use of real or personal property, including a church or community room used on a regular basis by members of a community for noncommercial purposes, and the cost of invitations, food, and beverages, voluntarily provided by an individual to any candidate or any political committee of a political party in rendering voluntary personal services on the individual’s residential premises or in the church or community room for candidate-related or political party-related activities, to the extent that the cumulative value of such invitations, food, and beverages provided by such individual on behalf of any single candidate does not exceed $1,000 with respect to any single election, and on behalf of all political committees of a political party does not exceed $2,000 in any calendar year;
the sale of any food or beverage by a vendor for use in any candidate’s campaign or for use by or on behalf of any political committee of a political party at a charge less than the normal comparable charge, if such charge is at least equal to the cost of such food or beverage to the vendor, to the extent that the cumulative value of such activity by such vendor on behalf of any single candidate does not exceed $1,000 with respect to any single election, and on behalf of all political committees of a political party does not exceed $2,000 in any calendar year;
any unreimbursed payment for travel expenses made by any individual on behalf of any candidate or any political committee of a political party, to the extent that the cumulative value of such activity by such individual on behalf of any single candidate does not exceed $1,000 with respect to any single election, and on behalf of all political committees of a political party does not exceed $2,000 in any calendar year;
the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply to any cost incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising;
any payment made or obligation incurred by a corporation or a labor organization which, under section 30118(b) of this title, would not constitute an expenditure by such corporation or labor organization;
any loan of money by a State bank, a federally chartered depository institution, or a depository institution the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation, Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration, other than any overdraft made with respect to a checking or savings account, made in accordance with applicable law and in the ordinary course of business, but such loan—
shall be considered a loan by each endorser or guarantor, in that proportion of the unpaid balance that each endorser or guarantor bears to the total number of endorsers or guarantors;
shall be made on a basis which assures repayment, evidenced by a written instrument, and subject to a due date or amortization schedule; and
shall bear the usual and customary interest rate of the lending institution;
any legal or accounting services rendered to or on behalf of—
any political committee of a political party if the person paying for such services is the regular employer of the person rendering such services and if such services are not attributable to activities which directly further the election of any designated candidate to Federal office; or
an authorized committee of a candidate or any other political committee, if the person paying for such services is the regular employer of the individual rendering such services and if such services are solely for the purpose of ensuring compliance with this Act or chapter 95 or chapter 96 of title 26,
but amounts paid or incurred by the regular employer for such legal or accounting services shall be reported in accordance with section 30104(b) of this title by the committee receiving such services;
the payment by a State or local committee of a political party of the costs of campaign materials (such as pins, bumper stickers, handbills, brochures, posters, party tabloids, and yard signs) used by such committee in connection with volunteer activities on behalf of nominees of such party: Provided, That—
(1)such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising;
(2)such payments are made from contributions subject to the limitations and prohibitions of this Act; and
(3)such payments are not made from contributions designated to be spent on behalf of a particular candidate or particular candidates;
the payment by a candidate, for nomination or election to any public office (including State or local office), or authorized committee of a candidate, of the costs of campaign materials which include information on or referenced to any other candidate and which are used in connection with volunteer activities (including pins, bumper stickers, handbills, brochures, posters, and yard signs, but not including the use of broadcasting, newspapers, magazines, billboards, direct mail, or similar types of general public communication or political advertising): Provided, That such payments are made from contributions subject to the limitations and prohibitions of this Act;
the payment by a State or local committee of a political party of the costs of voter registration and get-out-the-vote activities conducted by such committee on behalf of nominees of such party for President and Vice President: Provided, That—
(1)such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising;
(2)such payments are made from contributions subject to the limitations and prohibitions of this Act; and
(3)such payments are not made from contributions designated to be spent on behalf of a particular candidate or candidates;
payments made by a candidate or the authorized committee of a candidate as a condition of ballot access and payments received by any political party committee as a condition of ballot access;
any honorarium (within the meaning of section 30125 of this title); and
any loan of money derived from an advance on a candidate’s brokerage account, credit card, home equity line of credit, or other line of credit available to the candidate, if such loan is made in accordance with applicable law and under commercially reasonable terms and if the person making such loan makes loans derived from an advance on the candidate’s brokerage account, credit card, home equity line of credit, or other line of credit in the normal course of the person’s business.
The term “expenditure” includes—
any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made by any person for the purpose of influencing any election for Federal office; and
a written contract, promise, or agreement to make an expenditure.
The term “expenditure” does not include—
any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate;
nonpartisan activity designed to encourage individuals to vote or to register to vote;
any communication by any membership organization or corporation to its members, stockholders, or executive or administrative personnel, if such membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election, or election, of any individual to Federal office, except that the costs incurred by a membership organization (including a labor organization) or by a corporation directly attributable to a communication expressly advocating the election or defeat of a clearly identified candidate (other than a communication primarily devoted to subjects other than the express advocacy of the election or defeat of a clearly identified candidate), shall, if such costs exceed $2,000 for any election, be reported to the Commission in accordance with section 30104(a)(4)(A)(i) of this title, and in accordance with section 30104(a)(4)(A)(ii) of this title with respect to any general election;
the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply to costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising;
any payment made or obligation incurred by a corporation or a labor organization which, under section 30118(b) of this title, would not constitute an expenditure by such corporation or labor organization;
any costs incurred by an authorized committee or candidate in connection with the solicitation of contributions on behalf of such candidate, except that this clause shall not apply with respect to costs incurred by an authorized committee of a candidate in excess of an amount equal to 20 percent of the expenditure limitation applicable to such candidate under section 30116(b) of this title, but all such costs shall be reported in accordance with section 30104(b) of this title;
the payment of compensation for legal or accounting services—
rendered to or on behalf of any political committee of a political party if the person paying for such services is the regular employer of the individual rendering such services, and if such services are not attributable to activities which directly further the election of any designated candidate to Federal office; or
rendered to or on behalf of a candidate or political committee if the person paying for such services is the regular employer of the individual rendering such services, and if such services are solely for the purpose of ensuring compliance with this Act or chapter 95 or chapter 96 of title 26,
but amounts paid or incurred by the regular employer for such legal or accounting services shall be reported in accordance with section 30104(b) of this title by the committee receiving such services;
the payment by a State or local committee of a political party of the costs of campaign materials (such as pins, bumper stickers, handbills, brochures, posters, party tabloids, and yard signs) used by such committee in connection with volunteer activities on behalf of nominees of such party: Provided, That—
(1)such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising;
(2)such payments are made from contributions subject to the limitations and prohibitions of this Act; and
(3)such payments are not made from contributions designated to be spent on behalf of a particular candidate or particular candidates;
the payment by a State or local committee of a political party of the costs of voter registration and get-out-the-vote activities conducted by such committee on behalf of nominees of such party for President and Vice President: Provided, That—
(1)such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising;
(2)such payments are made from contributions subject to the limitations and prohibitions of this Act; and
(3)such payments are not made from contributions designated to be spent on behalf of a particular candidate or candidates; and
payments received by a political party committee as a condition of ballot access which are transferred to another political party committee or the appropriate State official.
The term “Commission” means the Federal Election Commission.
The term “person” includes an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons, but such term does not include the Federal Government or any authority of the Federal Government.
The term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.
The term “identification” means—
in the case of any individual, the name, the mailing address, and the occupation of such individual, as well as the name of his or her employer; and
in the case of any other person, the full name and address of such person.
The term “national committee” means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level, as determined by the Commission.
The term “State committee” means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level, as determined by the Commission.
The term “political party” means an association, committee, or organization which nominates a candidate for election to any Federal office whose name appears on the election ballot as the candidate of such association, committee, or organization.
The term “independent expenditure” means an expenditure by a person—
expressly advocating the election or defeat of a clearly identified candidate; and
that is not made in concert or cooperation with or at the request or suggestion of such candidate, the candidate’s authorized political committee, or their agents, or a political party committee or its agents.
The term “clearly identified” means that—
the name of the candidate involved appears;
a photograph or drawing of the candidate appears; or
the identity of the candidate is apparent by unambiguous reference.
The term “Act” means the Federal Election Campaign Act of 1971 as amended.
The term “Federal election activity” means—
voter registration activity during the period that begins on the date that is 120 days before the date a regularly scheduled Federal election is held and ends on the date of the election;
voter identification, get-out-the-vote activity, or generic campaign activity conducted in connection with an election in which a candidate for Federal office appears on the ballot (regardless of whether a candidate for State or local office also appears on the ballot);
a public communication that refers to a clearly identified candidate for Federal office (regardless of whether a candidate for State or local office is also mentioned or identified) and that promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate); or
services provided during any month by an employee of a State, district, or local committee of a political party who spends more than 25 percent of that individual’s compensated time during that month on activities in connection with a Federal election.
The term “Federal election activity” does not include an amount expended or disbursed by a State, district, or local committee of a political party for—
a public communication that refers solely to a clearly identified candidate for State or local office, if the communication is not a Federal election activity described in subparagraph (A)(i) or (ii);
a contribution to a candidate for State or local office, provided the contribution is not designated to pay for a Federal election activity described in subparagraph (A);
the costs of a State, district, or local political convention; and
the costs of grassroots campaign materials, including buttons, bumper stickers, and yard signs, that name or depict only a candidate for State or local office.
The term “generic campaign activity” means a campaign activity that promotes a political party and does not promote a candidate or non-Federal candidate.
The term “public communication” means a communication by means of any broadcast, cable, or satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public political advertising.
The term “mass mailing” means a mailing by United States mail or facsimile of more than 500 pieces of mail matter of an identical or substantially similar nature within any 30-day period.
The term “telephone bank” means more than 500 telephone calls of an identical or substantially similar nature within any 30-day period.
For purposes of sections 30116(i) and 30117 of this title and paragraph (26), the term “election cycle” means the period beginning on the day after the date of the most recent election for the specific office or seat that a candidate is seeking and ending on the date of the next election for that office or seat. For purposes of the preceding sentence, a primary election and a general election shall be considered to be separate elections.
The term “personal funds” means an amount that is derived from—
any asset that, under applicable State law, at the time the individual became a candidate, the candidate had legal right of access to or control over, and with respect to which the candidate had—
legal and rightful title; or
an equitable interest;
income received during the current election cycle of the candidate, including—
a salary and other earned income from bona fide employment;
dividends and proceeds from the sale of the candidate’s stocks or other investments;
bequests to the candidate;
income from trusts established before the beginning of the election cycle;
income from trusts established by bequest after the beginning of the election cycle of which the candidate is the beneficiary;
gifts of a personal nature that had been customarily received by the candidate prior to the beginning of the election cycle; and
proceeds from lotteries and similar legal games of chance; and
a portion of assets that are jointly owned by the candidate and the candidate’s spouse equal to the candidate’s share of the asset under the instrument of conveyance or ownership, but if no specific share is indicated by an instrument of conveyance or ownership, the value of ½ of the property.
Source credit: (Pub. L. 92–225, title III, § 301, Feb. 7, 1972, 86 Stat. 11; Pub. L. 93–443, title II, §§ 201(a), 208(c)(1), Oct. 15, 1974, 88 Stat. 1272, 1286; Pub. L. 94–283, title I, §§ 102, 115(d), (h), May 11, 1976, 90 Stat. 478, 495, 496; Pub. L. 96–187, title I, § 101, Jan. 8, 1980, 93 Stat. 1339; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 106–346, § 101(a) [title V, § 502(b)], Oct. 23, 2000, 114 Stat. 1356, 1356A–49; Pub. L. 107–155, title I, §§ 101(b), 103(b)(1), title II, § 211, title III, § 304(c), Mar. 27, 2002, 116 Stat. 85, 87, 92, 100.)
- 1972Enacted · Pub. L. 92-225 · 86 Stat. 11
- 1974Amended · Pub. L. 93-443 · 88 Stat. 1272, 1286
- 1976Amended · Pub. L. 94-283 · 90 Stat. 478, 495, 496
- 1980Amended · Pub. L. 96-187 · 93 Stat. 1339
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2095
- 2000Amended · Pub. L. 106-346 · 114 Stat. 1356, 1356
- 2002Amended · Pub. L. 107-155 · 116 Stat. 85, 87, 92, 100
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-225 on 1972-02-07.
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