§ 434. — Reporting requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC434]
TITLE 2--THE CONGRESS
CHAPTER 14--FEDERAL ELECTION CAMPAIGNS
SUBCHAPTER I--DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
Sec. 434. Reporting requirements
(a) Receipts and disbursements by treasurers of political committees;
filing requirements
(1) 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.
(2) If the political committee is the principal campaign committee
of a candidate for the House of Representatives or for the Senate--
(A) in any calendar year during which there is regularly
scheduled election for which such candidate is seeking election, or
nomination for election, the treasurer shall file the following
reports:
(i) a pre-election report, which shall be filed no later
than the 12th day before (or posted by registered or certified
mail 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;
(ii) 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
(iii) 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
(B) 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.
(3) If the committee is the principal campaign committee of a
candidate for the office of President--
(A) in any calendar year during which a general election is held
to fill such office--
(i) 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;
(ii) 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
(iii) 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
(B) in any other calendar year, the treasurer shall file
either--
(i) 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
(ii) 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.
(4) All political committees other than authorized committees of a
candidate shall file either--
(A)(i) 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;
(ii) a pre-election report, which shall be filed no later than
the 12th day before (or posted by registered or certified mail 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;
(iii) 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
(iv) 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
(B) 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).
(5) 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) of this section) is sent by registered or certified mail, the
United States postmark shall be considered the date of filing of the
designation, report, or statement.
(6)(A) 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.
(B) Notification of expenditure from personal funds.--
(i) Definition of expenditure from personal funds.--In this
subparagraph, the term ``expenditure from personal funds'' means--
(I) an expenditure made by a candidate using personal funds;
and
(II) a contribution or loan made by a candidate using
personal funds or a loan secured using such funds to the
candidate's authorized committee.
(ii) Declaration of intent.--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--
(I) the Commission; and
(II) each candidate in the same election.
(iii) Initial notification.--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--
(I) the Commission; and
(II) each candidate in the same election.
(iv) Additional notification.--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
\1\ $10,000 with--
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\1\ So in original. Probably should be ``exceeds''.
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(I) the Commission; and
(II) each candidate in the same election.
Such notification shall be filed not later than 24 hours after the
expenditure is made.
(v) Contents.--A notification under clause (iii) or (iv) shall
include--
(I) the name of the candidate and the office sought by the
candidate;
(II) the date and amount of each expenditure; and
(III) 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.
(C) Notification of disposal of excess contributions.--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
441a(i) of this title) and the manner in which the candidate or the
candidate's authorized committee used such funds.
(D) Enforcement.--For provisions providing for the enforcement of
the reporting requirements under this paragraph, see section 437g of
this title.
(E) The notification required under this paragraph shall be in
addition to all other reporting requirements under this Act.
(7) 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.
(8) 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.
(9) 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.
(10) 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).
(11)(A) The Commission shall promulgate a regulation under which a
person required to file a designation, statement, or report under this
Act--
(i) 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
(ii) 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).
(B) 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.
(C) 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.
(D) 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.
(12) Software for filing of reports.--
(A) In general.--The Commission shall--
(i) promulgate standards to be used by vendors to develop
software that--
(I) 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;
(II) allows the information recorded under subclause (I)
to be transmitted immediately to the Commission; and
(III) allows the Commission to post the information on
the Internet immediately upon receipt; and
(ii) 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.
(B) Additional informationTo 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.
(C) Required useNotwithstanding 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.
(D) Required postingThe Commission shall, as soon as
practicable, post on the Internet any information received under
this paragraph.
(b) Contents of reports
Each report under this section shall disclose--
(1) the amount of cash on hand at the beginning of the reporting
period;
(2) 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:
(A) contributions from persons other than political
committees;
(B) for an authorized committee, contributions from the
candidate;
(C) contributions from political party committees;
(D) contributions from other political committees;
(E) for an authorized committee, transfers from other
authorized committees of the same candidate;
(F) 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;
(G) for an authorized committee, loans made by or guaranteed
by the candidate;
(H) all other loans;
(I) rebates, refunds, and other offsets to operating
expenditures;
(J) dividends, interest, and other forms of receipts; and
(K) for an authorized committee of a candidate for the
office of President, Federal funds received under chapter 95 and
chapter 96 of title 26;
(3) the identification of each--
(A) 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;
(B) political committee which makes a contribution to the
reporting committee during the reporting period, together with
the date and amount of any such contribution;
(C) authorized committee which makes a transfer to the
reporting committee;
(D) 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;
(E) 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;
(F) 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
(G) 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;
(4) 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:
(A) expenditures made to meet candidate or committee
operating expenses;
(B) for authorized committees, transfers to other committees
authorized by the same candidate;
(C) 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;
(D) for an authorized committee, repayment of loans made by
or guaranteed by the candidate;
(E) repayment of all other loans;
(F) contribution refunds and other offsets to contributions;
(G) for an authorized committee, any other disbursements;
(H) for any political committee other than an authorized
committee--
(i) contributions made to other political committees;
(ii) loans made by the reporting committees;
(iii) independent expenditures;
(iv) expenditures made under section 441a(d) of this
title; and
(v) any other disbursements; and
(I) for an authorized committee of a candidate for the
office of President, disbursements not subject to the limitation
of section 441a(b) of this title;
(5) the name and address of each--
(A) 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;
(B) authorized committee to which a transfer is made by the
reporting committee;
(C) 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;
(D) 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
(E) 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;
(6)(A) 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;
(B) for any other political committee, the name and address of
each--
(i) 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;
(ii) person who has received a loan from the reporting
committee during the reporting period, together with the date
and amount of such loan;
(iii) 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;
(iv) person who receives any expenditure from the reporting
committee during the reporting period in connection with an
expenditure under section 441a(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
(v) 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;
(7) 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
(8) 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.
(c) Statements by other than political committees; filing; contents;
indices of expenditures
(1) 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) of this section for all
contributions received by such person.
(2) Statements required to be filed by this subsection shall be
filed in accordance with subsection (a)(2) of this section, and shall
include--
(A) the information required by subsection (b)(6)(B)(iii) of
this section, indicating whether the independent expenditure is in
support of, or in opposition to, the candidate involved;
(B) 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
(C) 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.
(3) 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) of this section, made by or for each
candidate, as reported under this subsection, and for periodically
publishing such indices on a timely pre-election basis.
(d) Filing by facsimile device or electronic mail
(1) 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) of this section may
file the statement by facsimile device or electronic mail, in accordance
with such regulations as the Commission may promulgate.
(2) 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.
(3) 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.
(e) Political committees
(1) National and congressional political committees
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.
(2) Other political committees to which section 441i applies
(A) In general
In addition to any other reporting requirements applicable
under this Act, a political committee (not described in
paragraph (1)) to which section 441i(b)(1) of this title applies
shall report all receipts and disbursements made for activities
described in section 431(20)(A) of this title, unless the
aggregate amount of such receipts and disbursements during the
calendar year is less than $5,000.
(B) Specific disclosure by State and local parties of certain
non-Federal amounts permitted to be spent on Federal
election activity
Each report by a political committee under subparagraph (A)
of receipts and disbursements made for activities described in
section 431(20)(A) of this title shall include a disclosure of
all receipts and disbursements described in section
441i(b)(2)(A) and (B) of this title.
(3) Itemization
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) of
this section.
(4) Reporting periods
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) of this section.
(f) Disclosure of electioneering communications
(1) Statement required
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).
(2) Contents of statement
Each statement required to be filed under this subsection shall
be made under penalty of perjury and shall contain the following
information:
(A) 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.
(B) The principal place of business of the person making the
disbursement, if not an individual.
(C) 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.
(D) The elections to which the electioneering communications
pertain and the names (if known) of the candidates identified or
to be identified.
(E) 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.
(F) 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.
(3) Electioneering communication
For purposes of this subsection--
(A) In general
(i) The term ``electioneering communication'' means any
broadcast, cable, or satellite communication which--
(I) refers to a clearly identified candidate for Federal
office;
(II) is made within--
(aa) 60 days before a general, special, or runoff
election for the office sought by the candidate; or
(bb) 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
(III) 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.
(ii) 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.
(B) Exceptions
The term ``electioneering communication'' does not include--
(i) 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;
(ii) a communication which constitutes an expenditure or
an independent expenditure under this Act;
(iii) 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
(iv) 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 431(20)(A)(iii) of this title.
(C) Targeting to relevant electorate
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--
(i) 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
(ii) in the State the candidate seeks to represent, in
the case of a candidate for Senator.
(4) Disclosure date
For purposes of this subsection, the term ``disclosure date''
means--
(A) 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
(B) 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.
(5) Contracts to disburse
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.
(6) Coordination with other requirements
Any requirement to report under this subsection shall be in
addition to any other reporting requirement under this Act.
(7) Coordination with title 26
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.
(g) Time for reporting certain expenditures
(1) Expenditures aggregating $1,000
(A) Initial report
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.
(B) Additional reports
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.
(2) Expenditures aggregating $10,000
(A) Initial report
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.
(B) Additional reports
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.
(3) Place of filing; contents
A report under this subsection--
(A) shall be filed with the Commission; and
(B) shall contain the information required by subsection
(b)(6)(B)(iii) of this section, including the name of each
candidate whom an expenditure is intended to support or oppose.
(4) Time of filing for expenditures aggregating $1,000
Notwithstanding subsection (a)(5) of this section, 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.
(h) Reports from Inaugural Committees
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.
(Pub. L. 92-225, title III, Sec. 304, Feb. 7, 1972, 86 Stat. 14; Pub. L.
93-443, title II, Secs. 204(a)-(d), 208(c)(4), Oct. 15, 1974, 88 Stat.
1276-1278, 1286; Pub. L. 94-283, title I, Sec. 104, May 11, 1976, 90
Stat. 480; Pub. L. 96-187, title I, Sec. 104, Jan. 8, 1980, 93 Stat.
1348; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.
104-79, Secs. 1(a), 3(b), Dec. 28, 1995, 109 Stat. 791, 792; Pub. L.
106-58, title VI, Secs. 639(a), 641(a), Sept. 29, 1999, 113 Stat. 476,
477; Pub. L. 106-346, Sec. 101(a) [title V, Sec. 502(a), (c)], Oct. 23,
2000, 114 Stat. 1356, 1356A-49; Pub. L. 107-155, title I, Sec. 103(a),
title II, Secs. 201(a), 212, title III, Secs. 304(b), 306, 308(b), title
V, Secs. 501, 503, Mar. 27, 2002, 116 Stat. 87, 88, 93, 99, 102, 104,
114, 115.)
References in Text
This Act, referred to in text, means the Federal Election Campaign
Act of 1971, as amended, as defined by section 431 of this title.
Prior Provisions
Provisions similar to those comprising subsec. (c) of this section
were contained in section 305 of Pub. L. 92-225, title III, Feb. 7,
1972, 86 Stat. 16 (section 435 of this title) prior to amendment of
section 305 of Pub. L. 92-225 by Pub. L. 93-433.
Amendments
2002--Subsec. (a)(2)(B). Pub. L. 107-155, Sec. 503(a), substituted
``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.'' for ``the
following reports shall be filed:
``(i) a report covering the period beginning January 1 and
ending June 30, which shall be filed no later than July 31; and
``(ii) 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.''
Subsec. (a)(4). Pub. L. 107-155, Sec. 503(b), inserted concluding
provisions.
Subsec. (a)(5). Pub. L. 107-155, Sec. 212(b)(2)(A), substituted
``subsection (g)(1) of this section'' for ``the second sentence of
subsection (c)(2) of this section''.
Subsec. (a)(6)(B) to (E). Pub. L. 107-155, Sec. 304(b), added
subpars. (B) to (D) and redesignated former subpar. (B) as (E).
Subsec. (a)(11)(B). Pub. L. 107-155, Sec. 501, amended subpar. (B)
generally. Prior to amendment, subpar. (B) read as follows: ``The
Commission shall make a designation, statement, report, or notification
that is filed electronically with the Commission accessible to the
public on the Internet not later than 24 hours after the designation,
statement, report, or notification is received by the Commission.''
Subsec. (a)(12). Pub. L. 107-155, Sec. 306, added par. (12).
Subsec. (c)(2). Pub. L. 107-155, Sec. 212(a)(1), struck out
concluding provisions which read as follows: ``Any independent
expenditure (including those described in subsection (b)(6)(B)(iii) of
this section) aggregating $1,000 or more made after the 20th day, but
more than 24 hours, before any election shall be filed within 24 hours
after such independent expenditure is made. Such statement shall be
filed with the Secretary or the Commission and the Secretary of State
and shall contain the information required by subsection (b)(6)(B)(iii)
of this section indicating whether the independent expenditure is in
support of, or in opposition to, the candidate involved. Notwithstanding
subsection (a)(5) of this section, the time at which the statement under
this subsection is received by the Secretary, 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.''
Subsec. (d)(1). Pub. L. 107-155, Sec. 212(b)(2)(B), inserted ``or
(g)'' after ``subsection (c)''.
Subsec. (e). Pub. L. 107-155, Sec. 103(a), added subsec. (e).
Subsec. (f). Pub. L. 107-155, Sec. 201(a), added subsec. (f).
Subsec. (g). Pub. L. 107-155, Sec. 212(a)(2), added subsec. (g).
Subsec. (g)(4). Pub. L. 107-155, Sec. 212(b)(1), added par. (4).
Subsec. (h). Pub. L. 107-155, Sec. 308(b), added subsec. (h).
2000--Subsec. (a)(5). Pub. L. 106-346, Sec. 101(a) [title V,
Sec. 502(c)(2)], substituted ``or (4)(A)(ii), or the second sentence of
subsection (c)(2) of this section'' for ``or (4)(A)(ii)''.
Subsec. (c)(2). Pub. L. 106-346, Sec. 101(a) [title V,
Sec. 502(c)(1)], in concluding provisions, substituted ``shall be filed
within'' for ``shall be reported within'' and inserted at end
``Notwithstanding subsection (a)(5) of this section, the time at which
the statement under this subsection is received by the Secretary, 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.''
Subsec. (d). Pub. L. 106-346, Sec. 101(a) [title V, Sec. 502(a)],
added subsec. (d).
1999--Subsec. (a)(11). Pub. L. 106-58, Sec. 639(a), added par. (11)
and struck out former par. (11) which read as follows:
``(11)(A) The Commission shall permit reports required by this Act
to be filed and preserved by means of computer disk or any other
appropriate electronic format or method, as determined by the
Commission.
``(B) In carrying out subparagraph (A) with respect to filing of
reports, the Commission shall provide for one or more methods (other
than requiring a signature on the report being filed) for verifying
reports filed by means of computer disk or other electronic format or
method. Any verification under the preceding sentence shall be treated
for all purposes (including penalties for perjury) in the same manner as
a verification by signature.
``(C) 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.''
Subsec. (b)(2) to (4), (6), (7). Pub. L. 106-58, Sec. 641(a), which
directed insertion of ``(or election cycle, in the case of an authorized
committee of a candidate for Federal office)'' after ``calendar year''
wherever appearing in pars. (2)-(4), (6), (7) of section 304(b) of the
Federal Election Campaign Act, was executed by making the insertions in
this section, which is section 304(b) of the Federal Election Campaign
Act of 1971, to reflect the probable intent of Congress.
1995--Subsec. (a)(6)(A). Pub. L. 104-79, Sec. 3(b)(1), substituted
``notify the Secretary'' for ``notify the Clerk, the Secretary,'' in
first sentence.
Subsec. (a)(11). Pub. L. 104-79, Sec. 1(a), added par. (11).
Subsec. (c)(2). Pub. L. 104-79, Sec. 3(b)(2), substituted ``filed
with the Secretary'' for ``filed with the Clerk, the Secretary,'' in
last sentence.
1986--Subsec. (b)(2)(K). Pub. L. 99-514 substituted ``Internal
Revenue Code of 1986'' for ``Internal Revenue Code of 1954'', which for
purposes of codification was translated as ``title 26'' thus requiring
no change in text.
1980--Pub. L. 96-187 completely revised this section by changing the
reporting requirements of candidates and committees so as to
substantially reduce the maximum number of reports to be filed while
maintaining full and adequate disclosure of campaign activities.
1976--Subsec. (a)(1)(C). Pub. L. 94-283, Sec. 104(a), inserted
provisions covering reports which must be filed in any year in which a
candidate is not on the ballot for election to Federal office.
Subsec. (a)(2). Pub. L. 94-283, Sec. 104(b), substituted ``committee
authorized by a candidate to raise contributions or make expenditures on
his behalf, other than the candidate's principal campaign committee,
shall file the reports required under this section with the candidate's
principal campaign committee'' for ``committee which is not a principal
campaign committee shall file the reports required under this section
with the appropriate principal campaign committee''.
Subsec. (b). Pub. L. 94-283, Sec. 104(c), added par. (13),
redesignated former par. (13) as (14), and provided that committee
treasurers and candidates be deemed to be in compliance with this
subsection when they show that best efforts have been used to obtain and
submit the information required by this subsection.
Subsec. (e). Pub. L. 94-283, Sec. 104(d), designated existing
provisions as par. (1), substituted ``independent expenditures expressly
advocating the election or defeat of a clearly identifiable candidate''
for ``expenditures'' ``$100 during a calendar year'' for ``$100 within a
calendar year'', and ``, on a form prepared by the Commission, a
statement containing the information required of a person who makes a
contribution in excess of $100 to a candidate or political committee and
the information required of a candidate or political committee receiving
such a contribution'' for ``a statement containing the information
required by this section. Statements required by this subsection shall
be filed on the dates on which reports by political committees are filed
but need not be cumulative'', and added pars. (2) and (3).
1974--Subsec. (a)(1). Pub. L. 93-443, Secs. 204(a)(1), (2),
208(c)(4)(A), substituted provisions of cls. (A) to (D) respecting
filing of reports and that ``Any contribution of $1,000 or more received
after the fifteenth day, but more than 48 hours, before any election
shall be reported within 48 hours after its receipt.'' for prior
requirement that ``Such reports shall be filed on the tenth day of
March, June, and September, in each year, and on the fifteenth and fifth
days next preceding the date on which an election is held, and also by
the thirty-first day of January. Such reports shall be complete as of
such date as the supervisory officer may prescribe, which shall not be
less than five days before the date of filing, except that any
contribution of $5,000 or more received after the last report is filed
prior to the election shall be reported within forty-eight hours after
its receipt.''; designated existing provisions as par. (1), inserting
introductory text ``Except as provided by paragraph (2),''; and
substituted ``Commission'' and ``it'' for ``appropriate supervisory
officer'' and ``him'' in first sentence, respectively.
Subsec. (a)(2), (3). Pub. L. 93-443, Sec. 204(a)(2), added pars. (2)
and (3).
Subsec. (b)(5). Pub. L. 93-443, Sec. 204(b)(1), required information
respecting guarantors.
Subsec. (b)(8). Pub. L. 93-443, Sec. 204(b)(2), required the report
to disclose the total receipts less transfers between political
committees which support the same candidate and which do not support
more than one candidate.
Subsec. (b)(9), (10). Pub. L. 93-443, Sec. 204(b)(3), substituted
``identification'' for ``full name and mailing address (occupation and
the principal place of business, if any)'' in pars. (9) and (10).
Subsec. (b)(11). Pub. L. 93-443, Sec. 204(b)(4), required the report
to disclose the total expenditures less transfers between political
committees which support the same candidate and which do not support
more than one candidate.
Subsec. (b)(12). Pub. L. 93-443, Secs. 204(b)(5), 208(c)(4)(B),
required the report to include a statement as to the circumstances and
conditions under which any debt or obligation is extinguished and the
consideration therefor and substituted ``Commission'' for ``supervisory
officer''.
Subsec. (b)(13). Pub. L. 93-443, Sec. 208(c)(4)(B), substituted
``Commission'' for ``supervisory officer''.
Subsecs. (d), (e). Pub. L. 93-443, Sec. 204(c), added subsec. (d)
and incorporated provisions of former section 435 of this title in
provisions designated as subsec. (e), substituting ``Commission'' for
``supervisory officer'' therein.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-155 effective Nov. 6, 2002, except that
amendment by sections 103(a), 201(a), 212, 304(b), 501, and 503 of Pub.
L. 107-155 not applicable with respect to runoff elections, recounts, or
election contests resulting from elections held prior to Nov. 6, 2002,
see section 402 of Pub. L. 107-155, set out as an Effective Date of 2002
Amendment; Regulations note under section 431 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106-346 applicable with respect to elections
occurring after January 2001, see section 101(a) [title V, Sec. 502(d)]
of Pub. L. 106-346, set out as a note under section 431 of this title.
Effective Date of 1999 Amendment
Pub. L. 106-58, title VI, Sec. 639(b), Sept. 29, 1999, 113 Stat.
476, provided that: ``The amendments made by this section [amending this
section] shall be effective for reporting periods beginning after
December 31, 2000.''
Pub. L. 106-58, title VI, Sec. 641(b), Sept. 29, 1999, 113 Stat.
477, provided that: ``The amendment made by this section [amending this
section] shall become effective with respect to reporting periods
beginning after December 31, 2000.''
Effective Date of 1995 Amendment
Amendment by section 1(a) of Pub. L. 104-79 applicable with respect
to reports for periods beginning after Dec. 31, 1996, see section 1(c)
of Pub. L. 104-79, set out as a note under section 432 of this title.
Amendment by section 3(b) of Pub. L. 104-79 applicable with respect
to reports, designations, and statements required to be filed after Dec.
31, 1995, see section 3(d) of Pub. L. 104-79, set out as a note under
section 432 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-187 effective Jan. 8, 1980, with subsec. (b)
of this section applicable to authorized committees for President and
Vice President in elections occurring after Jan. 1, 1981, see section
301 of Pub. L. 96-187, set out as a note under section 431 of this
title.
Effective Date of 1974 Amendment
Amendment by Pub. L. 93-443 effective Jan. 1, 1975, see section
410(a) of Pub. L. 93-443, set out as a note under section 431 of this
title.
Responsibilities of Federal Communications Commission
Pub. L. 107-155, title II, Sec. 201(b), Mar. 27, 2002, 116 Stat. 90,
provided that: ``The Federal Communications Commission shall compile and
maintain any information the Federal Election Commission may require to
carry out section 304(f) of the Federal Election Campaign Act of 1971 [2
U.S.C. 434(f)] (as added by subsection (a)), and shall make such
information available to the public on the Federal Communication
Commission's website.''
Report Required To Be Filed By January 31, 1975
Section 204(e) of Pub. L. 93-443 provided that notwithstanding the
amendment to this section as to the time to file reports, nothing in
Pub. L. 93-443 [see Short Title note set out under section 431 of this
title] is to be construed as waiving the report required to be filed by
Jan. 31, 1975 under the provisions of this section as in effect on Oct.
15, 1974, the date of enactment of Pub. L. 93-443.
Section Referred to in Other Sections
This section is referred to in sections 431, 432, 437g, 438, 441a,
441b, 441d, 441e of this title.
