52 U.S.C. § 30104 — Reporting requirements
submitted 54 years ago by Pub. L. 92-225 to r/title-52-VOTING-AND-ELECTIONS · 6,837 words · no verdicts yet
This law tells political committee treasurers when to file reports on money raised and spent. It sets report contents, deadlines for special filings like bundled contributions and electioneering ads, and public posting rules. Some rules apply differently to candidates, parties, and outside spenders.
(a) Receipts and disbursements by treasurers; filing requirements. Every political committee treasurer must file reports on money the committee received and spent, and must sign each report.
For a House or Senate candidate's main committee: in a year with a regular election for that seat, the treasurer files a pre-election report (due 12 days before the election, or postmarked/sent 15 days before if using registered, certified, priority, or tracked express/overnight mail — the report must be accurate as of 20 days before the election), a post-general-election report (due 30 days after the general election, accurate as of 20 days after), and quarterly reports (due 15 days after each quarter ends, except the report for the last quarter is due January 31 of the next year). In any other year, the treasurer just files the quarterly reports on that same schedule.
For a presidential candidate's main committee: in a general-election year, the treasurer files monthly reports if the committee had received or spent $100,000 or more by January 1 (or expects to reach that amount that year) — due 20 days after each month, accurate as of month's end — except the November and December reports are replaced by a pre-election report, a post-election report, and a year-end report due January 31. A candidate's other authorized committees instead file pre-election, post-election, and quarterly reports like House and Senate candidates. If one of those other committees later passes $100,000 in contributions or spending during the year, it must switch to monthly reports starting at the next reporting deadline. In a non-election year, the main committee's treasurer chooses monthly or quarterly reports. A committee supporting a Vice-Presidential candidate (other than the party's own nominee) follows these same presidential-committee rules.
All other political committees — those not authorized by a candidate, such as PACs and party committees — choose between two schedules. Option one: quarterly reports in election years (due 15 days after each quarter, except the last-quarter report is due January 31), plus a pre-election report (same timing as above) for any election where the committee gave money to or spent money for a candidate, plus a post-general-election report (due 30 days after, accurate as of 20 days after); and in non-election years, a report covering January–June (due July 31) and a report covering July–December (due January 31). Option two: monthly reports every year (due 20 days after each month), except in an election year the November and December reports are replaced by a pre-election, post-election, and year-end report. A national party committee must use the monthly option.
A report's filing date is the U.S. postmark date if sent by registered, certified, priority (with delivery confirmation), or express (with delivery confirmation) mail, or the drop-off date if sent by tracked overnight delivery — except this doesn't apply to pre-election reports, the late-contribution notices below, or the bundled-contribution schedules, which count from actual receipt.
Special notification duties: A candidate's committee must tell the Secretary of the Senate or the Commission, and the Secretary of State, in writing, about any contribution of $1,000 or more received between 20 days and 48 hours before an election — within 48 hours of getting it, including the candidate's name and office, the donor's identity, and the date and amount. Senate candidates face extra "self-funding" rules: within 15 days of becoming a candidate, they must file a declaration of how much of their own money they plan to spend beyond a state-specific competitive-funding formula, with the Commission and every other candidate in the race; once their personal spending crosses double that formula amount, they must file an initial notice within 24 hours, and a further notice within 24 hours each time they cross another $10,000 in personal spending, each notice stating their name, office, the date and amount of each expenditure, and the running total. After the election, a candidate or committee must report, in its next regular report, the source and amount of any excess contributions and how the money was used. Section 30109 covers how these reporting duties are enforced, and none of this replaces the committee's other normal reporting duties.
Reports build up over the calendar year — once an item is reported, only its updated total needs to be repeated later, not the full detail again. A committee that already has to file a pre-election report covering the 5th through 15th day after a quarter ends doesn't also have to file that quarter's regular quarterly report. For special elections, the Commission sets the filing deadlines (no more than one pre-election and one post-election report per special election), publishes them within 5 days of the election being scheduled, and may excuse a report if it would otherwise fall within 10 days of another required report.
The Commission must, by regulation: require electronic filing once a filer's contributions or spending pass a threshold the Commission sets (allowing paper or other formats below that threshold); post every filed document online within 48 hours of receiving it (24 hours if filed electronically); and allow ways besides a signature to verify a filing, which count legally the same as a signed document. The Commission must also develop standardized free software that lets candidates record receipts and spending as they happen, send that data to the Commission instantly, and let the Commission post it online right away; push software vendors to add full electronic-filing features; require candidates to use that software once it's available to them; and post any information it receives this way online as soon as possible.
(b) Contents of reports. Each report must disclose: (1) cash on hand at the start of the period; (2) total receipts for the period and the year (or, for a candidate's committee, the whole election cycle), broken into contributions from individuals, the candidate's own contributions, party contributions, other PAC contributions, transfers from the candidate's other committees, transfers from affiliated or party committees, candidate loans, other loans, rebates and refunds, dividends and interest, and (for a presidential candidate) public matching funds; (3) the identity, date, and amount for each individual donor over $200 a year, each PAC donor, each same-candidate transfer, each affiliated or party transfer, each lender (and any endorser or guarantor), each rebate/refund provider over $200, and each dividend/interest provider over $200; (4) total spending, broken into operating expenses, transfers to the candidate's other committees, transfers to affiliated or party committees, repayment of candidate loans, repayment of other loans, contribution refunds, other spending by a candidate's committee, and — for other committees — contributions made to other PACs, loans made, independent expenditures, coordinated party spending under section 30116(d), and other disbursements, plus (for presidential committees) spending not subject to the section 30116(b) limit; (5) the name and address of each operating-expense vendor paid over $200 (with date, amount, purpose), each same-candidate or affiliated/party transferee, each loan-repayment recipient, and each refund recipient; (6) for a candidate's committee, any other recipient paid over $200 a year not already listed; for other committees, each PAC that got a contribution, each loan recipient, each independent-expenditure vendor paid over $200 (with the purpose, a statement of support or opposition, and a sworn certification of no coordination with any candidate), each recipient of coordinated-spending money under section 30116(d), and any other recipient paid over $200; (7) running totals of contributions (gross and net of refunds) and operating spending (gross and net of offsets), for the period and the year or cycle; and (8) the amount and nature of outstanding debts, with an explanation if a debt was settled for less than it was worth.
(c) Statements by people who aren't political committees. Anyone (other than a political committee) who spends more than $250 in a year on independent expenditures must file a statement listing donors as required by subsection (b)(3)(A). It's filed on the same schedule as subsection (a)(2) and must include a support-or-opposition statement, a sworn certification of no coordination with a candidate, and the identity of anyone who gave more than $200 toward the independent expenditure. The Commission must promptly build candidate-by-candidate indexes of these independent expenditures and publish them regularly before elections.
(d) Filing by fax or email. Statements required under subsections (c) or (g) — except ones that must be filed electronically under subsection (a)(11)(A)(i) — may be filed by fax or email under Commission rules. The Commission must post anything filed this way online within 24 hours, and must allow verification methods besides a signature, which are treated as legally equivalent to a signed document.
(e) Party committees. National and congressional party committees, and their subordinate committees, must report all their receipts and spending. State and local party committees covered by section 30125(b)(1) must also report money spent on the "federal election activities" defined in section 30101(20)(A), unless that spending is under $5,000 a year, and must specifically disclose certain non-federal funds described in section 30125(b)(2)(A) and (B). Any donor or recipient over $200 a year under this subsection must be itemized the same way as in subsection (b). These reports follow the same schedule as the monthly-filing option in subsection (a)(4)(B).
(f) Electioneering communications. Anyone who spends more than $10,000 in a year airing "electioneering communications" must file a sworn statement with the Commission within 24 hours of each "disclosure date." The statement must identify who paid for the ad, anyone who controls that person or group, and who keeps the books; the payer's main place of business (if not an individual); every payment over $200 and who received it; which elections and candidates the ad relates to; and, depending on how the spending was funded, either the names and addresses of everyone who gave $1,000 or more since the start of the prior year to a segregated account funded only by U.S. citizens or lawful permanent residents for this purpose, or the names and addresses of everyone who gave the payer $1,000 or more since the start of the prior year if the money didn't come from such a segregated account.
An "electioneering communication" is a broadcast, cable, or satellite ad that names a clearly identified federal candidate, and airs within 60 days of a general, special, or runoff election, or within 30 days of a primary, party convention, or caucus with nominating power — and, for candidates other than President or Vice President, is seen by 50,000 or more people in the candidate's district or state. If a court strikes that definition down, a backup definition applies instead: any such ad that promotes, supports, attacks, or opposes the candidate and has no plausible meaning except urging a vote for or against them. The term excludes news coverage (unless the broadcaster is owned by a party, committee, or candidate), anything that already counts as an "expenditure" under this Act, candidate debates or forums run under Commission rules, and anything else the Commission exempts by regulation — except the Commission can't exempt an ad that meets this definition and falls under section 30101(20)(A)(iii). A "disclosure date" is the first day in a year that a person's ad spending passes $10,000, and each later day it passes another $10,000 mark. Signing a contract to spend money counts as spending it. This reporting duty is on top of all other reporting requirements, and none of it changes how "political activity" is defined for tax purposes under title 26.
(g) Fast reporting of late independent expenditures. If a person spends or contracts to spend $1,000 or more on independent expenditures between the 20th day and 24 hours before an election, they must report it within 24 hours, and file another report within 24 hours each time they cross another $1,000 for that same election. If a person spends $10,000 or more at any point up through the 20th day before an election, they must report it within 48 hours, with another report required within 48 hours each time they cross another $10,000. These reports go to the Commission and must include the same information as subsection (b)(6)(B)(iii), plus the name of the candidate the spending is meant to help or hurt. The filing time is when the Commission or recipient actually gets the report, not when it was postmarked.
(h) Inaugural Committee reports. The Commission must make any report an Inaugural Committee files under section 510 of title 36 available to the public, at its office and online, within 48 hours of receiving it.
(i) Disclosure of bundled contributions. A candidate's authorized committee, a leadership PAC, or a party committee must, in its first report after each "covered period," list any person it reasonably knows to be a lobbyist, someone listed on a lobbying registration or report, or a PAC controlled by such a person ("bundler"), who delivered two or more bundled contributions totaling more than $15,000 during that period — naming the bundler, their address and employer, and the total amount they bundled. A "covered period" is January–June of each year, July–December of each year, or any reporting period in which a bundler crossed the $15,000 mark. That $15,000 threshold excludes any contribution the bundler or their spouse made personally, and it's adjusted for inflation each year after 2007, using 2006 as the base year. A "bundled contribution" is one either forwarded to the committee by the bundler, or credited to the bundler by the committee through records or other means of recognizing money the bundler raised.
The Commission must make this bundling information public online, searchable, sortable, and downloadable, and link its database to the Senate and House lobbying-disclosure databases. Within 6 months of September 14, 2007, the Commission had to issue rules that may let more-frequent filers report bundling quarterly instead, must guide committees on recognizing bundlers (including checking the lobbying databases), can't exempt a bundler from disclosure just because they're an authorized fundraiser for the committee, and must otherwise maximize disclosure of bundling activity.
Each treasurer of a political committee shall file reports of receipts and disbursements in accordance with the provisions of this subsection. The treasurer shall sign each such report.
If the political committee is the principal campaign committee of a candidate for the House of Representatives or for the Senate—
in any calendar year during which there is 1 regularly scheduled election for which such candidate is seeking election, or nomination for election, the treasurer shall file the following reports:
a pre-election report, which shall be filed no later than the 12th day before (or posted by any of the following: registered mail, certified mail, priority mail having a delivery confirmation, or express mail having a delivery confirmation, or delivered to an overnight delivery service with an on-line tracking system, if posted or delivered no later than the 15th day before) any election in which such candidate is seeking election, or nomination for election, and which shall be complete as of the 20th day before such election;
a post-general election report, which shall be filed no later than the 30th day after any general election in which such candidate has sought election, and which shall be complete as of the 20th day after such general election; and
additional quarterly reports, which shall be filed no later than the 15th day after the last day of each calendar quarter, and which shall be complete as of the last day of each calendar quarter: except that the report for the quarter ending December 31 shall be filed no later than January 31 of the following calendar year; and
in any other calendar year the treasurer shall file quarterly reports, which shall be filed not later than the 15th day after the last day of each calendar quarter, and which shall be complete as of the last day of each calendar quarter, except that the report for the quarter ending December 31 shall be filed not later than January 31 of the following calendar year.
If the committee is the principal campaign committee of a candidate for the office of President—
in any calendar year during which a general election is held to fill such office—
the treasurer shall file monthly reports if such committee has on January 1 of such year, received contributions aggregating $100,000 or made expenditures aggregating $100,000 or anticipates receiving contributions aggregating $100,000 or more or making expenditures aggregating $100,000 or more during such year: such monthly reports shall be filed no later than the 20th day after the last day of each month and shall be complete as of the last day of the month, except that, in lieu of filing the report otherwise due in November and December, a pre-general election report shall be filed in accordance with paragraph (2)(A)(i), a post-general election report shall be filed in accordance with paragraph (2)(A)(ii), and a year end report shall be filed no later than January 31 of the following calendar year;
the treasurer of the other principal campaign committees of a candidate for the office of President shall file a pre-election report or reports in accordance with paragraph (2)(A)(i), a post-general election report in accordance with paragraph (2)(A)(ii), and quarterly reports in accordance with paragraph (2)(A)(iii); and
if at any time during the election year a committee filing under paragraph (3)(A)(ii) receives contributions in excess of $100,000 or makes expenditures in excess of $100,000, the treasurer shall begin filing monthly reports under paragraph (3)(A)(i) at the next reporting period; and
in any other calendar year, the treasurer shall file either—
monthly reports, which shall be filed no later than the 20th day after the last day of each month and shall be complete as of the last day of the month; or
quarterly reports, which shall be filed no later than the 15th day after the last day of each calendar quarter and which shall be complete as of the last day of each calendar quarter.
All political committees other than authorized committees of a candidate shall file either—
quarterly reports, in a calendar year in which a regularly scheduled general election is held, which shall be filed no later than the 15th day after the last day of each calendar quarter: except that the report for the quarter ending on December 31 of such calendar year shall be filed no later than January 31 of the following calendar year;
a pre-election report, which shall be filed no later than the 12th day before (or posted by any of the following: registered mail, certified mail, priority mail having a delivery confirmation, or express mail having a delivery confirmation, or delivered to an overnight delivery service with an on-line tracking system, if posted or delivered no later than the 15th day before) any election in which the committee makes a contribution to or expenditure on behalf of a candidate in such election, and which shall be complete as of the 20th day before the election;
a post-general election report, which shall be filed no later than the 30th day after the general election and which shall be complete as of the 20th day after such general election; and
in any other calendar year, a report covering the period beginning January 1 and ending June 30, which shall be filed no later than July 31 and a report covering the period beginning July 1 and ending December 31, which shall be filed no later than January 31 of the following calendar year; or
monthly reports in all calendar years which shall be filed no later than the 20th day after the last day of the month and shall be complete as of the last day of the month, except that, in lieu of filing the reports otherwise due in November and December of any year in which a regularly scheduled general election is held, a pre-general election report shall be filed in accordance with paragraph (2)(A)(i), a post-general election report shall be filed in accordance with paragraph (2)(A)(ii), and a year end report shall be filed no later than January 31 of the following calendar year.
Notwithstanding the preceding sentence, a national committee of a political party shall file the reports required under subparagraph (B).
If a designation, report, or statement filed pursuant to this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii) or subsection (g)(1)) is sent by registered mail, certified mail, priority mail having a delivery confirmation, or express mail having a delivery confirmation, the United States postmark shall be considered the date of filing the designation, report or statement. If a designation, report or statement filed pursuant to this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii), or subsection (g)(1)) is sent by an overnight delivery service with an on-line tracking system, the date on the proof of delivery to the delivery service shall be considered the date of filing of the designation, report, or statement.
The principal campaign committee of a candidate shall notify the Secretary or the Commission, and the Secretary of State, as appropriate, in writing, of any contribution of $1,000 or more received by any authorized committee of such candidate after the 20th day, but more than 48 hours before, any election. This notification shall be made within 48 hours after the receipt of such contribution and shall include the name of the candidate and the office sought by the candidate, the identification of the contributor, and the date of receipt and amount of the contribution.
In this subparagraph, the term “expenditure from personal funds” means—
an expenditure made by a candidate using personal funds; and
a contribution or loan made by a candidate using personal funds or a loan secured using such funds to the candidate’s authorized committee.
Not later than the date that is 15 days after the date on which an individual becomes a candidate for the office of Senator, the candidate shall file a declaration stating the total amount of expenditures from personal funds that the candidate intends to make, or to obligate to make, with respect to the election that will exceed the State-by-State competitive and fair campaign formula with—
the Commission; and
each candidate in the same election.
Not later than 24 hours after a candidate described in clause (ii) makes or obligates to make an aggregate amount of expenditures from personal funds in excess of 2 times the threshold amount in connection with any election, the candidate shall file a notification with—
the Commission; and
each candidate in the same election.
After a candidate files an initial notification under clause (iii), the candidate shall file an additional notification each time expenditures from personal funds are made or obligated to be made in an aggregate amount that exceed 2 $10,000 with—
the Commission; and
each candidate in the same election.
Such notification shall be filed not later than 24 hours after the expenditure is made.
A notification under clause (iii) or (iv) shall include—
the name of the candidate and the office sought by the candidate;
the date and amount of each expenditure; and
the total amount of expenditures from personal funds that the candidate has made, or obligated to make, with respect to an election as of the date of the expenditure that is the subject of the notification.
In the next regularly scheduled report after the date of the election for which a candidate seeks nomination for election to, or election to, Federal office, the candidate or the candidate’s authorized committee shall submit to the Commission a report indicating the source and amount of any excess contributions (as determined under paragraph (1) of section 30116(i) of this title) and the manner in which the candidate or the candidate’s authorized committee used such funds.
For provisions providing for the enforcement of the reporting requirements under this paragraph, see section 30109 of this title.
The notification required under this paragraph shall be in addition to all other reporting requirements under this Act.
The reports required to be filed by this subsection shall be cumulative during the calendar year to which they relate, but where there has been no change in an item reported in a previous report during such year, only the amount need be carried forward.
The requirement for a political committee to file a quarterly report under paragraph (2)(A)(iii) or paragraph (4)(A)(i) shall be waived if such committee is required to file a pre-election report under paragraph (2)(A)(i), or paragraph (4)(A)(ii) during the period beginning on the 5th day after the close of the calendar quarter and ending on the 15th day after the close of the calendar quarter.
The Commission shall set filing dates for reports to be filed by principal campaign committees of candidates seeking election, or nomination for election, in special elections and political committees filing under paragraph (4)(A) which make contributions to or expenditures on behalf of a candidate or candidates in special elections. The Commission shall require no more than one pre-election report for each election and one post-election report for the election which fills the vacancy. The Commission may waive any reporting obligation of committees required to file for special elections if any report required by paragraph (2) or (4) is required to be filed within 10 days of a report required under this subsection. The Commission shall establish the reporting dates within 5 days of the setting of such election and shall publish such dates and notify the principal campaign committees of all candidates in such election of the reporting dates.
The treasurer of a committee supporting a candidate for the office of Vice President (other than the nominee of a political party) shall file reports in accordance with paragraph (3).
The Commission shall promulgate a regulation under which a person required to file a designation, statement, or report under this Act—
is required to maintain and file a designation, statement, or report for any calendar year in electronic form accessible by computers if the person has, or has reason to expect to have, aggregate contributions or expenditures in excess of a threshold amount determined by the Commission; and
may maintain and file a designation, statement, or report in electronic form or an alternative form if not required to do so under the regulation promulgated under clause (i).
The Commission shall make a designation, statement, report, or notification that is filed with the Commission under this Act available for inspection by the public in the offices of the Commission and accessible to the public on the Internet not later than 48 hours (or not later than 24 hours in the case of a designation, statement, report, or notification filed electronically) after receipt by the Commission.
In promulgating a regulation under this paragraph, the Commission shall provide methods (other than requiring a signature on the document being filed) for verifying designations, statements, and reports covered by the regulation. Any document verified under any of the methods shall be treated for all purposes (including penalties for perjury) in the same manner as a document verified by signature.
As used in this paragraph, the term “report” means, with respect to the Commission, a report, designation, or statement required by this Act to be filed with the Commission.
The Commission shall—
promulgate standards to be used by vendors to develop software that—
permits candidates to easily record information concerning receipts and disbursements required to be reported under this Act at the time of the receipt or disbursement;
allows the information recorded under subclause (I) to be transmitted immediately to the Commission; and
allows the Commission to post the information on the Internet immediately upon receipt; and
make a copy of software that meets the standards promulgated under clause (i) available to each person required to file a designation, statement, or report in electronic form under this Act.
To the extent feasible, the Commission shall require vendors to include in the software developed under the standards under subparagraph (A) the ability for any person to file any designation, statement, or report required under this Act in electronic form.
Notwithstanding any provision of this Act relating to times for filing reports, each candidate for Federal office (or that candidate’s authorized committee) shall use software that meets the standards promulgated under this paragraph once such software is made available to such candidate.
The Commission shall, as soon as practicable, post on the Internet any information received under this paragraph.
Each report under this section shall disclose—
the amount of cash on hand at the beginning of the reporting period;
for the reporting period and the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), the total amount of all receipts, and the total amount of all receipts in the following categories:
contributions from persons other than political committees;
for an authorized committee, contributions from the candidate;
contributions from political party committees;
contributions from other political committees;
for an authorized committee, transfers from other authorized committees of the same candidate;
transfers from affiliated committees and, where the reporting committee is a political party committee, transfers from other political party committees, regardless of whether such committees are affiliated;
for an authorized committee, loans made by or guaranteed by the candidate;
all other loans;
rebates, refunds, and other offsets to operating expenditures;
dividends, interest, and other forms of receipts; and
for an authorized committee of a candidate for the office of President, Federal funds received under chapter 95 and chapter 96 of title 26;
the identification of each—
person (other than a political committee) who makes a contribution to the reporting committee during the reporting period, whose contribution or contributions have an aggregate amount or value in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), or in any lesser amount if the reporting committee should so elect, together with the date and amount of any such contribution;
political committee which makes a contribution to the reporting committee during the reporting period, together with the date and amount of any such contribution;
authorized committee which makes a transfer to the reporting committee;
affiliated committee which makes a transfer to the reporting committee during the reporting period and, where the reporting committee is a political party committee, each transfer of funds to the reporting committee from another political party committee, regardless of whether such committees are affiliated, together with the date and amount of such transfer;
person who makes a loan to the reporting committee during the reporting period, together with the identification of any endorser or guarantor of such loan, and the date and amount or value of such loan;
person who provides a rebate, refund, or other offset to operating expenditures to the reporting committee in an aggregate amount or value in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), together with the date and amount of such receipt; and
person who provides any dividend, interest, or other receipt to the reporting committee in an aggregate value or amount in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), together with the date and amount of any such receipt;
for the reporting period and the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), the total amount of all disbursements, and all disbursements in the following categories:
expenditures made to meet candidate or committee operating expenses;
for authorized committees, transfers to other committees authorized by the same candidate;
transfers to affiliated committees and, where the reporting committee is a political party committee, transfers to other political party committees, regardless of whether they are affiliated;
for an authorized committee, repayment of loans made by or guaranteed by the candidate;
repayment of all other loans;
contribution refunds and other offsets to contributions;
for an authorized committee, any other disbursements;
for any political committee other than an authorized committee—
contributions made to other political committees;
loans made by the reporting committees;
independent expenditures;
expenditures made under section 30116(d) of this title; and
any other disbursements; and
for an authorized committee of a candidate for the office of President, disbursements not subject to the limitation of section 30116(b) of this title;
the name and address of each—
person to whom an expenditure in an aggregate amount or value in excess of $200 within the calendar year is made by the reporting committee to meet a candidate or committee operating expense, together with the date, amount, and purpose of such operating expenditure;
authorized committee to which a transfer is made by the reporting committee;
affiliated committee to which a transfer is made by the reporting committee during the reporting period and, where the reporting committee is a political party committee, each transfer of funds by the reporting committee to another political party committee, regardless of whether such committees are affiliated, together with the date and amount of such transfers;
person who receives a loan repayment from the reporting committee during the reporting period, together with the date and amount of such loan repayment; and
person who receives a contribution refund or other offset to contributions from the reporting committee where such contribution was reported under paragraph (3)(A) of this subsection, together with the date and amount of such disbursement;
for an authorized committee, the name and address of each person who has received any disbursement not disclosed under paragraph (5) in an aggregate amount or value in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), together with the date and amount of any such disbursement;
for any other political committee, the name and address of each—
political committee which has received a contribution from the reporting committee during the reporting period, together with the date and amount of any such contribution;
person who has received a loan from the reporting committee during the reporting period, together with the date and amount of such loan;
person who receives any disbursement during the reporting period in an aggregate amount or value in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), in connection with an independent expenditure by the reporting committee, together with the date, amount, and purpose of any such independent expenditure and a statement which indicates whether such independent expenditure is in support of, or in opposition to, a candidate, as well as the name and office sought by such candidate, and a certification, under penalty of perjury, whether such independent expenditure is made in cooperation, consultation, or concert, with, or at the request or suggestion of, any candidate or any authorized committee or agent of such committee;
person who receives any expenditure from the reporting committee during the reporting period in connection with an expenditure under section 30116(d) of this title, together with the date, amount, and purpose of any such expenditure as well as the name of, and office sought by, the candidate on whose behalf the expenditure is made; and
person who has received any disbursement not otherwise disclosed in this paragraph or paragraph (5) in an aggregate amount or value in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), from the reporting committee within the reporting period, together with the date, amount, and purpose of any such disbursement;
the total sum of all contributions to such political committee, together with the total contributions less offsets to contributions and the total sum of all operating expenditures made by such political committee, together with total operating expenditures less offsets to operating expenditures, for both the reporting period and the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office); and
the amount and nature of outstanding debts and obligations owed by or to such political committee; and where such debts and obligations are settled for less than their reported amount or value, a statement as to the circumstances and conditions under which such debts or obligations were extinguished and the consideration therefor.
Every person (other than a political committee) who makes independent expenditures in an aggregate amount or value in excess of $250 during a calendar year shall file a statement containing the information required under subsection (b)(3)(A) for all contributions received by such person.
Statements required to be filed by this subsection shall be filed in accordance with subsection (a)(2), and shall include—
the information required by subsection (b)(6)(B)(iii), indicating whether the independent expenditure is in support of, or in opposition to, the candidate involved;
under penalty of perjury, a certification whether or not such independent expenditure is made in cooperation, consultation, or concert, with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate; and
the identification of each person who made a contribution in excess of $200 to the person filing such statement which was made for the purpose of furthering an independent expenditure.
The Commission shall be responsible for expeditiously preparing indices which set forth, on a candidate-by-candidate basis, all independent expenditures separately, including those reported under subsection (b)(6)(B)(iii), made by or for each candidate, as reported under this subsection, and for periodically publishing such indices on a timely pre-election basis.
Any person who is required to file a statement under subsection (c) or (g) of this section, except statements required to be filed electronically pursuant to subsection (a)(11)(A)(i) may file the statement by facsimile device or electronic mail, in accordance with such regulations as the Commission may promulgate.
The Commission shall make a document which is filed electronically with the Commission pursuant to this paragraph accessible to the public on the Internet not later than 24 hours after the document is received by the Commission.
In promulgating a regulation under this paragraph, the Commission shall provide methods (other than requiring a signature on the document being filed) for verifying the documents covered by the regulation. Any document verified under any of the methods shall be treated for all purposes (including penalties for perjury) in the same manner as a document verified by signature.
The national committee of a political party, any national congressional campaign committee of a political party, and any subordinate committee of either, shall report all receipts and disbursements during the reporting period.
In addition to any other reporting requirements applicable under this Act, a political committee (not described in paragraph (1)) to which section 30125(b)(1) of this title applies shall report all receipts and disbursements made for activities described in section 30101(20)(A) of this title, unless the aggregate amount of such receipts and disbursements during the calendar year is less than $5,000.
Each report by a political committee under subparagraph (A) of receipts and disbursements made for activities described in section 30101(20)(A) of this title shall include a disclosure of all receipts and disbursements described in section 30125(b)(2)(A) and (B) of this title.
If a political committee has receipts or disbursements to which this subsection applies from or to any person aggregating in excess of $200 for any calendar year, the political committee shall separately itemize its reporting for such person in the same manner as required in paragraphs (3)(A), (5), and (6) of subsection (b).
Reports required to be filed under this subsection shall be filed for the same time periods required for political committees under subsection (a)(4)(B).
Every person who makes a disbursement for the direct costs of producing and airing electioneering communications in an aggregate amount in excess of $10,000 during any calendar year shall, within 24 hours of each disclosure date, file with the Commission a statement containing the information described in paragraph (2).
Each statement required to be filed under this subsection shall be made under penalty of perjury and shall contain the following information:
The identification of the person making the disbursement, of any person sharing or exercising direction or control over the activities of such person, and of the custodian of the books and accounts of the person making the disbursement.
The principal place of business of the person making the disbursement, if not an individual.
The amount of each disbursement of more than $200 during the period covered by the statement and the identification of the person to whom the disbursement was made.
The elections to which the electioneering communications pertain and the names (if known) of the candidates identified or to be identified.
If the disbursements were paid out of a segregated bank account which consists of funds contributed solely by individuals who are United States citizens or nationals or lawfully admitted for permanent residence (as defined in section 1101(a)(20) of title 8) directly to this account for electioneering communications, the names and addresses of all contributors who contributed an aggregate amount of $1,000 or more to that account during the period beginning on the first day of the preceding calendar year and ending on the disclosure date. Nothing in this subparagraph is to be construed as a prohibition on the use of funds in such a segregated account for a purpose other than electioneering communications.
If the disbursements were paid out of funds not described in subparagraph (E), the names and addresses of all contributors who contributed an aggregate amount of $1,000 or more to the person making the disbursement during the period beginning on the first day of the preceding calendar year and ending on the disclosure date.
For purposes of this subsection—
The term “electioneering communication” means any broadcast, cable, or satellite communication which—
refers to a clearly identified candidate for Federal office;
is made within—
60 days before a general, special, or runoff election for the office sought by the candidate; or
30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate, for the office sought by the candidate; and
in the case of a communication which refers to a candidate for an office other than President or Vice President, is targeted to the relevant electorate.
If clause (i) is held to be constitutionally insufficient by final judicial decision to support the regulation provided herein, then the term “electioneering communication” means any broadcast, cable, or satellite communication which 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) and which also is suggestive of no plausible meaning other than an exhortation to vote for or against a specific candidate. Nothing in this subparagraph shall be construed to affect the interpretation or application of section 100.22(b) of title 11, Code of Federal Regulations.
The term “electioneering communication” does not include—
a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, unless such facilities are owned or controlled by any political party, political committee, or candidate;
a communication which constitutes an expenditure or an independent expenditure under this Act;
a communication which constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission, or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum; or
any other communication exempted under such regulations as the Commission may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate implementation of this paragraph, except that under any such regulation a communication may not be exempted if it meets the requirements of this paragraph and is described in section 30101(20)(A)(iii) of this title.
For purposes of this paragraph, a communication which refers to a clearly identified candidate for Federal office is “targeted to the relevant electorate” if the communication can be received by 50,000 or more persons—
in the district the candidate seeks to represent, in the case of a candidate for Representative in, or Delegate or Resident Commissioner to, the Congress; or
in the State the candidate seeks to represent, in the case of a candidate for Senator.
For purposes of this subsection, the term “disclosure date” means—
the first date during any calendar year by which a person has made disbursements for the direct costs of producing or airing electioneering communications aggregating in excess of $10,000; and
any other date during such calendar year by which a person has made disbursements for the direct costs of producing or airing electioneering communications aggregating in excess of $10,000 since the most recent disclosure date for such calendar year.
For purposes of this subsection, a person shall be treated as having made a disbursement if the person has executed a contract to make the disbursement.
Any requirement to report under this subsection shall be in addition to any other reporting requirement under this Act.
Nothing in this subsection may be construed to establish, modify, or otherwise affect the definition of political activities or electioneering activities (including the definition of participating in, intervening in, or influencing or attempting to influence a political campaign on behalf of or in opposition to any candidate for public office) for purposes of title 26.
A person (including a political committee) that makes or contracts to make independent expenditures aggregating $1,000 or more after the 20th day, but more than 24 hours, before the date of an election shall file a report describing the expenditures within 24 hours.
After a person files a report under subparagraph (A), the person shall file an additional report within 24 hours after each time the person makes or contracts to make independent expenditures aggregating an additional $1,000 with respect to the same election as that to which the initial report relates.
A person (including a political committee) that makes or contracts to make independent expenditures aggregating $10,000 or more at any time up to and including the 20th day before the date of an election shall file a report describing the expenditures within 48 hours.
After a person files a report under subparagraph (A), the person shall file an additional report within 48 hours after each time the person makes or contracts to make independent expenditures aggregating an additional $10,000 with respect to the same election as that to which the initial report relates.
A report under this subsection—
shall be filed with the Commission; and
shall contain the information required by subsection (b)(6)(B)(iii), including the name of each candidate whom an expenditure is intended to support or oppose.
Notwithstanding subsection (a)(5), the time at which the statement under paragraph (1) is received by the Commission or any other recipient to whom the notification is required to be sent shall be considered the time of filing of the statement with the recipient.
The Federal Election Commission shall make any report filed by an Inaugural Committee under section 510 of title 36 accessible to the public at the offices of the Commission and on the Internet not later than 48 hours after the report is received by the Commission.
Each committee described in paragraph (6) shall include in the first report required to be filed under this section after each covered period (as defined in paragraph (2)) a separate schedule setting forth the name, address, and employer of each person reasonably known by the committee to be a person described in paragraph (7) who provided 2 or more bundled contributions to the committee in an aggregate amount greater than the applicable threshold (as defined in paragraph (3)) during the covered period, and the aggregate amount of the bundled contributions provided by each such person during the covered period.
In this subsection, a “covered period” means, with respect to a committee—
the period beginning January 1 and ending June 30 of each year;
the period beginning July 1 and ending December 31 of each year; and
any reporting period applicable to the committee under this section during which any person described in paragraph (7) provided 2 or more bundled contributions to the committee in an aggregate amount greater than the applicable threshold.
In this subsection, the “applicable threshold” is $15,000, except that in determining whether the amount of bundled contributions provided to a committee by a person described in paragraph (7) exceeds the applicable threshold, there shall be excluded any contribution made to the committee by the person or the person’s spouse.
In any calendar year after 2007, section 30116(c)(1)(B) of this title shall apply to the amount applicable under subparagraph (A) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amount applicable under subparagraph (A), the “base period” shall be 2006.
The Commission shall ensure that, to the greatest extent practicable—
information required to be disclosed under this subsection is publicly available through the Commission website in a manner that is searchable, sortable, and downloadable; and
the Commission’s public database containing information disclosed under this subsection is linked electronically to the websites maintained by the Secretary of the Senate and the Clerk of the House of Representatives containing information filed pursuant to the Lobbying Disclosure Act of 1995 [2 U.S.C. 1601 et seq.].
Not later than 6 months after September 14, 2007, the Commission shall promulgate regulations to implement this subsection. Under such regulations, the Commission—
may, notwithstanding paragraphs (1) and (2), provide for quarterly filing of the schedule described in paragraph (1) by a committee which files reports under this section more frequently than on a quarterly basis;
shall provide guidance to committees with respect to whether a person is reasonably known by a committee to be a person described in paragraph (7), which shall include a requirement that committees consult the websites maintained by the Secretary of the Senate and the Clerk of the House of Representatives containing information filed pursuant to the Lobbying Disclosure Act of 1995;
may not exempt the activity of a person described in paragraph (7) from disclosure under this subsection on the grounds that the person is authorized to engage in fundraising for the committee or any other similar grounds; and
shall provide for the broadest possible disclosure of activities described in this subsection by persons described in paragraph (7) that is consistent with this subsection.
A committee described in this paragraph is an authorized committee of a candidate, a leadership PAC, or a political party committee.
A person described in this paragraph is any person, who, at the time a contribution is forwarded to a committee as described in paragraph (8)(A)(i) or is received by a committee as described in paragraph (8)(A)(ii), is—
a current registrant under section 4(a) of the Lobbying Disclosure Act of 1995 [2 U.S.C. 1603(a)];
an individual who is listed on a current registration filed under section 4(b)(6) of such Act [2 U.S.C. 1603(b)(6)] or a current report under section 5(b)(2)(C) of such Act [2 U.S.C. 1604(b)(2)(C)]; or
a political committee established or controlled by such a registrant or individual.
For purposes of this subsection, the following definitions apply:
The term “bundled contribution” means, with respect to a committee described in paragraph (6) and a person described in paragraph (7), a contribution (subject to the applicable threshold) which is—
forwarded from the contributor or contributors to the committee by the person; or
received by the committee from a contributor or contributors, but credited by the committee or candidate involved (or, in the case of a leadership PAC, by the individual referred to in subparagraph (B) involved) to the person through records, designations, or other means of recognizing that a certain amount of money has been raised by the person.
The term “leadership PAC” means, with respect to a candidate for election to Federal office or an individual holding Federal office, a political committee that is directly or indirectly established, financed, maintained or controlled by the candidate or the individual but which is not an authorized committee of the candidate or individual and which is not affiliated with an authorized committee of the candidate or individual, except that such term does not include a political committee of a political party.
Source credit: (Pub. L. 92–225, title III, § 304, Feb. 7, 1972, 86 Stat. 14; Pub. L. 93–443, title II, §§ 204(a)–(d), 208(c)(4), Oct. 15, 1974, 88 Stat. 1276–1278, 1286; Pub. L. 94–283, title I, § 104, May 11, 1976, 90 Stat. 480; Pub. L. 96–187, title I, § 104, Jan. 8, 1980, 93 Stat. 1348; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 104–79, §§ 1(a), 3(b), Dec. 28, 1995, 109 Stat. 791, 792; Pub. L. 106–58, title VI, §§ 639(a), 641(a), Sept. 29, 1999, 113 Stat. 476, 477; Pub. L. 106–346, § 101(a) [title V, § 502(a), (c)], Oct. 23, 2000, 114 Stat. 1356, 1356A–49; Pub. L. 107–155, title I, § 103(a), title II, §§ 201(a), 212, title III, §§ 304(b), 306, 308(b), title V, §§ 501, 503, Mar. 27, 2002, 116 Stat. 87, 88, 93, 99, 102, 104, 114, 115; Pub. L. 108–199, div. F, title VI, § 641, Jan. 23, 2004, 118 Stat. 359; Pub. L. 110–81, title II, § 204(a), Sept. 14, 2007, 121 Stat. 744.)
- 1972Enacted · Pub. L. 92-225 · 86 Stat. 14
- 1974Amended · Pub. L. 93-443 · 88 Stat. 1276
- 1976Amended · Pub. L. 94-283 · 90 Stat. 480
- 1980Amended · Pub. L. 96-187 · 93 Stat. 1348
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2095
- 1995Amended · Pub. L. 104-79 · 109 Stat. 791, 792
- 1999Amended · Pub. L. 106-58 · 113 Stat. 476, 477
- 2000Amended · Pub. L. 106-346 · 114 Stat. 1356, 1356
- 2002Amended · Pub. L. 107-155 · 116 Stat. 87, 88, 93, 99, 102, 104, 114, 115
- 2004Amended · Pub. L. 108-199 · 118 Stat. 359
- 2007Amended · Pub. L. 110-81 · 121 Stat. 744
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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