§ 441i. — Repealed.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC441i]
TITLE 2--THE CONGRESS
CHAPTER 14--FEDERAL ELECTION CAMPAIGNS
SUBCHAPTER I--DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
Sec. 441i. Soft money of political parties
(a) National committees
(1) In general
A national committee of a political party (including a national
congressional campaign committee of a political party) may not
solicit, receive, or direct to another person a contribution,
donation, or transfer of funds or any other thing of value, or spend
any funds, that are not subject to the limitations, prohibitions,
and reporting requirements of this Act.
(2) Applicability
The prohibition established by paragraph (1) applies to any such
national committee, any officer or agent acting on behalf of such a
national committee, and any entity that is directly or indirectly
established, financed, maintained, or controlled by such a national
committee.
(b) State, district, and local committees
(1) In general
Except as provided in paragraph (2), an amount that is expended
or disbursed for Federal election activity by a State, district, or
local committee of a political party (including an entity that is
directly or indirectly established, financed, maintained, or
controlled by a State, district, or local committee of a political
party and an officer or agent acting on behalf of such committee or
entity), or by an association or similar group of candidates for
State or local office or of individuals holding State or local
office, shall be made from funds subject to the limitations,
prohibitions, and reporting requirements of this Act.
(2) Applicability
(A) In general
Notwithstanding clause (i) or (ii) of section 431(20)(A) of
this title, and subject to subparagraph (B), paragraph (1) shall
not apply to any amount expended or disbursed by a State,
district, or local committee of a political party for an
activity described in either such clause to the extent the
amounts expended or disbursed for such activity are allocated
(under regulations prescribed by the Commission) among amounts--
(i) which consist solely of contributions subject to the
limitations, prohibitions, and reporting requirements of
this Act (other than amounts described in subparagraph
(B)(iii)); and
(ii) other amounts which are not subject to the
limitations, prohibitions, and reporting requirements of
this Act (other than any requirements of this subsection).
(B) Conditions
Subparagraph (A) shall only apply if--
(i) the activity does not refer to a clearly identified
candidate for Federal office;
(ii) the amounts expended or disbursed are not for the
costs of any broadcasting, cable, or satellite
communication, other than a communication which refers
solely to a clearly identified candidate for State or local
office;
(iii) the amounts expended or disbursed which are
described in subparagraph (A)(ii) are paid from amounts
which are donated in accordance with State law and which
meet the requirements of subparagraph (C), except that no
person (including any person established, financed,
maintained, or controlled by such person) may donate more
than $10,000 to a State, district, or local committee of a
political party in a calendar year for such expenditures or
disbursements; and
(iv) the amounts expended or disbursed are made solely
from funds raised by the State, local, or district committee
which makes such expenditure or disbursement, and do not
include any funds provided to such committee from--
(I) any other State, local, or district committee of
any State party,
(II) the national committee of a political party
(including a national congressional campaign committee
of a political party),
(III) any officer or agent acting on behalf of any
committee described in subclause (I) or (II), or
(IV) any entity directly or indirectly established,
financed, maintained, or controlled by any committee
described in subclause (I) or (II).
(C) Prohibiting involvement of national parties, Federal
candidates and officeholders, and State parties acting
jointly
Notwithstanding subsection (e) of this section (other than
subsection (e)(3)), amounts specifically authorized to be spent
under subparagraph (B)(iii) meet the requirements of this
subparagraph only if the amounts--
(i) are not solicited, received, directed, transferred,
or spent by or in the name of any person described in
subsection (a) or (e) of this section; and
(ii) are not solicited, received, or directed through
fundraising activities conducted jointly by 2 or more State,
local, or district committees of any political party or
their agents, or by a State, local, or district committee of
a political party on behalf of the State, local, or district
committee of a political party or its agent in one or more
other States.
(c) Fundraising costs
An amount spent by a person described in subsection (a) or (b) of
this section to raise funds that are used, in whole or in part, for
expenditures and disbursements for a Federal election activity shall be
made from funds subject to the limitations, prohibitions, and reporting
requirements of this Act.
(d) Tax-exempt organizations
A national, State, district, or local committee of a political party
(including a national congressional campaign committee of a political
party), an entity that is directly or indirectly established, financed,
maintained, or controlled by any such national, State, district, or
local committee or its agent, and an officer or agent acting on behalf
of any such party committee or entity, shall not solicit any funds for,
or make or direct any donations to--
(1) an organization that is described in section 501(c) of title
26 and exempt from taxation under section 501(a) of such title (or
has submitted an application for determination of tax exempt status
under such section) and that makes expenditures or disbursements in
connection with an election for Federal office (including
expenditures or disbursements for Federal election activity); or
(2) an organization described in section 527 of such title
(other than a political committee, a State, district, or local
committee of a political party, or the authorized campaign committee
of a candidate for State or local office).
(e) Federal candidates
(1) In general
A candidate, individual holding Federal office, agent of a
candidate or an individual holding Federal office, or an entity
directly or indirectly established, financed, maintained or
controlled by or acting on behalf of 1 or more candidates or
individuals holding Federal office, shall not--
(A) solicit, receive, direct, transfer, or spend funds in
connection with an election for Federal office, including funds
for any Federal election activity, unless the funds are subject
to the limitations, prohibitions, and reporting requirements of
this Act; or
(B) solicit, receive, direct, transfer, or spend funds in
connection with any election other than an election for Federal
office or disburse funds in connection with such an election
unless the funds--
(i) are not in excess of the amounts permitted with
respect to contributions to candidates and political
committees under paragraphs (1), (2), and (3) of section
441a(a) of this title; and
(ii) are not from sources prohibited by this Act from
making contributions in connection with an election for
Federal office.
(2) State law
Paragraph (1) does not apply to the solicitation, receipt, or
spending of funds by an individual described in such paragraph who
is or was also a candidate for a State or local office solely in
connection with such election for State or local office if the
solicitation, receipt, or spending of funds is permitted under State
law and refers only to such State or local candidate, or to any
other candidate for the State or local office sought by such
candidate, or both.
(3) Fundraising events
Notwithstanding paragraph (1) or subsection (b)(2)(C) of this
section, a candidate or an individual holding Federal office may
attend, speak, or be a featured guest at a fundraising event for a
State, district, or local committee of a political party.
(4) Permitting certain solicitations
(A) General solicitations
Notwithstanding any other provision of this subsection, an
individual described in paragraph (1) may make a general
solicitation of funds on behalf of any organization that is
described in section 501(c) of title 26 and exempt from taxation
under section 501(a) of such title (or has submitted an
application for determination of tax exempt status under such
section) (other than an entity whose principal purpose is to
conduct activities described in clauses (i) and (ii) of section
431(20)(A) of this title) where such solicitation does not
specify how the funds will or should be spent.
(B) Certain specific solicitations
In addition to the general solicitations permitted under
subparagraph (A), an individual described in paragraph (1) may
make a solicitation explicitly to obtain funds for carrying out
the activities described in clauses (i) and (ii) of section
431(20)(A) of this title, or for an entity whose principal
purpose is to conduct such activities, if--
(i) the solicitation is made only to individuals; and
(ii) the amount solicited from any individual during any
calendar year does not exceed $20,000.
(f) State candidates
(1) In general
A candidate for State or local office, individual holding State
or local office, or an agent of such a candidate or individual may
not spend any funds for a communication described in section
431(20)(A)(iii) of this title unless the funds are subject to the
limitations, prohibitions, and reporting requirements of this Act.
(2) Exception for certain communications
Paragraph (1) shall not apply to an individual described in such
paragraph if the communication involved is in connection with an
election for such State or local office and refers only to such
individual or to any other candidate for the State or local office
held or sought by such individual, or both.
(Pub. L. 92-225, title III, Sec. 323, as added Pub. L. 107-155, title I,
Sec. 101(a), Mar. 27, 2002, 116 Stat. 82.)
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
A prior section 441i, Pub. L. 92-225, title III, Sec. 323, formerly
Sec. 328, as added Pub. L. 94-283, title I, Sec. 112(2), May 11, 1976,
90 Stat. 494; amended Pub. L. 95-216, title V, Sec. 502(a), Dec. 20,
1977, 91 Stat. 1565; renumbered Sec. 323, Pub. L. 96-187, title I,
Sec. 105(5), Jan. 8, 1980, 93 Stat. 1354; amended Pub. L. 97-51,
Sec. 130(a), Oct. 1, 1981, 95 Stat. 966; Pub. L. 98-63, title I,
Sec. 908(g), July 30, 1983, 97 Stat. 338; Pub. L. 101-194, title VI,
Sec. 601(b)(1), Nov. 30, 1989, 103 Stat. 1762; Pub. L. 101-280,
Sec. 7(b)(1) [(d)(1)], May 4, 1990, 104 Stat. 161, related to acceptance
of excessive honorariums, prior to repeal by Pub. L. 102-90, title I,
Sec. 6(d), Aug. 14, 1991, 105 Stat. 451.
A prior section 323 of Pub. L. 92-225 was renumbered section 318,
and is classified to section 441d of this title.
Effective Date
Section effective Nov. 6, 2002, except that subsec. (b) of this
section not applicable with respect to runoff elections, recounts, or
election contests resulting from elections held prior to Nov. 6, 2002,
with transitional rules for the spending of soft money of national
political parties, 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.
Section Referred to in Other Sections
This section is referred to in section 434 of this title; title 6
section 331.
