2 U.S. Code § 441a–1 - Modification of certain limits for House candidates in response to personal fund expenditures of opponents
(a)
Availability of increased limit
(1)
In general
Subject to paragraph (3), if the opposition personal funds amount with respect to a candidate for election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress exceeds $350,000—
(B)
the limit under subsection (a)(3)
[1]
shall not apply with respect to any contribution made with respect to the candidate if the contribution is made under the increased limit allowed under subparagraph (A) during a period in which the candidate may accept such a contribution; and
(C)
the limits under subsection (d)
[1]
with respect to any expenditure by a State or national committee of a political party on behalf of the candidate shall not apply.
(2)
Determination of opposition personal funds amount
(A)
In general
The opposition personal funds amount is an amount equal to the excess (if any) of—
(B)
Special rule for candidate’s campaign funds
(i)
In general
For purposes of determining the aggregate amount of expenditures from personal funds under subparagraph (A), such amount shall include the gross receipts advantage of the candidate’s authorized committee.
(ii)
Gross receipts advantage
For purposes of clause (i), the term “gross receipts advantage” means the excess, if any, of—
(I)
the aggregate amount of 50 percent of gross receipts of a candidate’s authorized committee during any election cycle (not including contributions from personal funds of the candidate) that may be expended in connection with the election, as determined on June 30 and December 31 of the year preceding the year in which a general election is held, over
(II)
the aggregate amount of 50 percent of gross receipts of the opposing candidate’s authorized committee during any election cycle (not including contributions from personal funds of the candidate) that may be expended in connection with the election, as determined on June 30 and December 31 of the year preceding the year in which a general election is held.
(3)
Time to accept contributions under increased limit
(A)
In general
Subject to subparagraph (B), a candidate and the candidate’s authorized committee shall not accept any contribution, and a party committee shall not make any expenditure, under the increased limit under paragraph (1)—
(B)
Effect of withdrawal of an opposing candidate
A candidate and a candidate’s authorized committee shall not accept any contribution and a party shall not make any expenditure under the increased limit after the date on which an opposing candidate ceases to be a candidate to the extent that the amount of such increased limit is attributable to such an opposing candidate.
(4)
Disposal of excess contributions
(A)
In general
The aggregate amount of contributions accepted by a candidate or a candidate’s authorized committee under the increased limit under paragraph (1) and not otherwise expended in connection with the election with respect to which such contributions relate shall, not later than 50 days after the date of such election, be used in the manner described in subparagraph (B).
(b)
Notification of expenditures from personal funds
(1)
In general
(A)
Definition of expenditure from personal funds
In this paragraph, the term “expenditure from personal funds” means—
(B)
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 Representative in, or Delegate or Resident Commissioner to, the Congress, 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 $350,000.
(C)
Initial notification
Not later than 24 hours after a candidate described in subparagraph (B) makes or obligates to make an aggregate amount of expenditures from personal funds in excess of $350,000 in connection with any election, the candidate shall file a notification.
(D)
Additional notification
After a candidate files an initial notification under subparagraph (C), 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 exceeds $10,000. Such notification shall be filed not later than 24 hours after the expenditure is made.
(2)
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 subsection (a) of this section) and the manner in which the candidate or the candidate’s authorized committee used such funds.
(3)
Enforcement
For provisions providing for the enforcement of the reporting requirements under this subsection, see section
437g of this title.
[1] See References in Text note below.
Source
(Pub. L. 92–225, title III, § 315A, as added Pub. L. 107–155, title III, § 319(a),Mar. 27, 2002, 116 Stat. 109.)
References in Text
Subsections (a)(1)(A), (3), and (d), referred to in subsec. (a)(1), probably mean subsections (a)(1)(A), (3), and (d) ofsection
441a of this title.
Constitutionality
For information regarding constitutionality of section 315A ofPub. L. 92–225, as added by section 319(a) ofPub. L. 107–155, see Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Appendix 1, Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States.
Effective Date
Section effective Nov. 6, 2002, but not applicable with respect to runoff elections, recounts, or election contests resulting from elections held prior to Nov. 6, 2002, see section 402 ofPub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section
431 of this title.
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