In 1925 the Federal Corrupt Practices Act was revised and substantially strengthened, particularly in its disclosure requirements.Even this stronger version failed to cover primary elections. Enforcement was vested in Congress and, again, the legislation was little enforced. The FCPA remained the primary campaign finance legislation until the 1971 passage of the Federal Election Campaign Act (FECA). FECA replaced the 1925 law and required greater and more timely disclosures, imposed some contribution limits, limited media spending, and formalized the right of unions and corporations to form political action committees (PACs).
The state of corrupt practices legislation as of spring, 1999, is reprinted below.
-HEAD-
Sec. 252 to 256. Repealed. Pub. L. 92-225, title IV, Sec. 405, Feb.
7, 1972, 86 Stat. 20
-MISC1-
Sections 252 to 255, act Feb. 28, 1925, ch. 368, title III, Sec.
314-317, 43 Stat. 1074, provided for general penalties for
violations, expenses of election contests, no effect on State laws,
and partial invalidity.
Section 256, act Feb. 28, 1925, ch. 368, title III, Sec. 301, 43
Stat. 1070, provided for citation of act Feb. 28, 1925, as the
''Federal Corrupt Practices Act''.
Such former provisions are covered generally by chapter 14 (Sec.
431 et seq.) of this title.
EFFECTIVE DATE OF REPEAL
Repeal effective 60 days after Feb. 7, 1972, see section 408 of
Pub. L. 92-225, set out as an Effective Date note under section 431
of this title.
-CITE-
2 USC Sec. 431 01/26/98
-EXPCITE-
TITLE 2 - THE CONGRESS
CHAPTER 14 - FEDERAL ELECTION CAMPAIGNS
SUBCHAPTER I - DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
-HEAD-
Sec. 431. Definitions
-STATUTE-
When used in this Act:
(1) The term ''election'' means -
(A) a general, special, primary, or runoff election;
(B) a convention or caucus of a political party which has
authority to nominate a candidate;
(C) a primary election held for the selection of delegates to a
national nominating convention of a political party; and
(D) a primary election held for the expression of a preference
for the nomination of individuals for election to the office of
President.
(2) The term ''candidate'' means an individual who seeks
nomination for election, or election, to Federal office, and for
purposes of this paragraph, an individual shall be deemed to seek
nomination for election, or election -
(A) if such individual has received contributions aggregating
in excess of $5,000 or has made expenditures aggregating in
excess of $5,000; or
(B) if such individual has given his or her consent to another
person to receive contributions or make expenditures on behalf of
such individual and if such person has received such
contributions aggregating in excess of $5,000 or has made such
expenditures aggregating in excess of $5,000.
(3) The term ''Federal office'' means the office of President or
Vice President, or of Senator or Representative in, or Delegate or
Resident Commissioner to, the Congress.
(4) The term ''political committee'' means -
(A) any committee, club, association, or other group of persons
which receives contributions aggregating in excess of $1,000
during a calendar year or which makes expenditures aggregating in
excess of $1,000 during a calendar year; or
(B) any separate segregated fund established under the
provisions of section 441b(b) of this title; or
(C) any local committee of a political party which receives
contributions aggregating in excess of $5,000 during a calendar
year, or makes payments exempted from the definition of
contribution or expenditure as defined in paragraphs (8) and (9)
aggregating in excess of $5,000 during a calendar year, or makes
contributions aggregating in excess of $1,000 during a calendar
year or makes expenditures aggregating in excess of $1,000 during
a calendar year.
(5) The term ''principal campaign committee'' means a political
committee designated and authorized by a candidate under section
432(e)(1) of this title.
(6) The term ''authorized committee'' means the principal
campaign committee or any other political committee authorized by a
candidate under section 432(e)(1) of this title to receive
contributions or make expenditures on behalf of such candidate.
(7) The term ''connected organization'' means any organization
which is not a political committee but which directly or indirectly
establishes, administers or financially supports a political
committee.
(8)(A) The term ''contribution'' includes -
(i) any gift, subscription, loan, advance, or deposit of money
or anything of value made by any person for the purpose of
influencing any election for Federal office; or
(ii) the payment by any person of compensation for the personal
services of another person which are rendered to a political
committee without charge for any purpose.
(B) The term ''contribution'' does not include -
(i) the value of services provided without compensation by any
individual who volunteers on behalf of a candidate or political
committee;
(ii) the use of real or personal property, including a church
or community room used on a regular basis by members of a
community for noncommercial purposes, and the cost of
invitations, food, and beverages, voluntarily provided by an
individual to any candidate or any political committee of a
political party in rendering voluntary personal services on the
individual's residential premises or in the church or community
room for candidate-related or political party-related activities,
to the extent that the cumulative value of such invitations,
food, and beverages provided by such individual on behalf of any
single candidate does not exceed $1,000 with respect to any
single election, and on behalf of all political committees of a
political party does not exceed $2,000 in any calendar year;
(iii) the sale of any food or beverage by a vendor for use in
any candidate's campaign or for use by or on behalf of any
political committee of a political party at a charge less than
the normal comparable charge, if such charge is at least equal to
the cost of such food or beverage to the vendor, to the extent
that the cumulative value of such activity by such vendor on
behalf of any single candidate does not exceed $1,000 with
respect to any single election, and on behalf of all political
committees of a political party does not exceed $2,000 in any
calendar year;
(iv) any unreimbursed payment for travel expenses made by any
individual on behalf of any candidate or any political committee
of a political party, to the extent that the cumulative value of
such activity by such individual on behalf of any single
candidate does not exceed $1,000 with respect to any single
election, and on behalf of all political committees of a
political party does not exceed $2,000 in any calendar year;
(v) the payment by a State or local committee of a political
party of the costs of preparation, display, or mailing or other
distribution incurred by such committee with respect to a printed
slate card or sample ballot, or other printed listing, of 3 or
more candidates for any public office for which an election is
held in the State in which such committee is organized, except
that this clause shall not apply to any cost incurred by such
committee with respect to a display of any such listing made on
broadcasting stations, or in newspapers, magazines, or similar
types of general public political advertising;
(vi) any payment made or obligation incurred by a corporation
or a labor organization which, under section 441b(b) of this
title, would not constitute an expenditure by such corporation or
labor organization;
(vii) any loan of money by a State bank, a federally chartered
depository institution, or a depository institution the deposits
or accounts of which are insured by the Federal Deposit Insurance
Corporation, Federal Savings and Loan Insurance Corporation, or
the National Credit Union Administration, other than any
overdraft made with respect to a checking or savings account,
made in accordance with applicable law and in the ordinary course
of business, but such loan -
(I) shall be considered a loan by each endorser or guarantor,
in that proportion of the unpaid balance that each endorser or
guarantor bears to the total number of endorsers or guarantors;
(II) shall be made on a basis which assures repayment,
evidenced by a written instrument, and subject to a due date or
amortization schedule; and
(III) shall bear the usual and customary interest rate of the
lending institution;
(viii) any gift, subscription, loan, advance, or deposit of
money or anything of value to a national or a State committee of
a political party specifically designated to defray any cost for
construction or purchase of any office facility not acquired for
the purpose of influencing the election of any candidate in any
particular election for Federal office;
(ix) any legal or accounting services rendered to or on behalf
of -
(I) any political committee of a political party if the
person paying for such services is the regular employer of the
person rendering such services and if such services are not
attributable to activities which directly further the election
of any designated candidate to Federal office; or
(II) an authorized committee of a candidate or any other
political committee, if the person paying for such services is
the regular employer of the individual rendering such services
and if such services are solely for the purpose of ensuring
compliance with this Act or chapter 95 or chapter 96 of title
26,
but amounts paid or incurred by the regular employer for such
legal or accounting services shall be reported in accordance with
section 434(b) of this title by the committee receiving such
services;
(x) the payment by a State or local committee of a political
party of the costs of campaign materials (such as pins, bumper
stickers, handbills, brochures, posters, party tabloids, and yard
signs) used by such committee in connection with volunteer
activities on behalf of nominees of such party: Provided, That -
(1) such payments are not for the costs of campaign materials
or activities used in connection with any broadcasting,
newspaper, magazine, billboard, direct mail, or similar type of
general public communication or political advertising;
(2) such payments are made from contributions subject to the
limitations and prohibitions of this Act; and
(3) such payments are not made from contributions designated
to be spent on behalf of a particular candidate or particular
candidates;
(xi) the payment by a candidate, for nomination or election to
any public office (including State or local office), or
authorized committee of a candidate, of the costs of campaign
materials which include information on or referenced to any other
candidate and which are used in connection with volunteer
activities (including pins, bumper stickers, handbills,
brochures, posters, and yard signs, but not including the use of
broadcasting, newspapers, magazines, billboards, direct mail, or
similar types of general public communication or political
advertising): Provided, That such payments are made from
contributions subject to the limitations and prohibitions of this
Act;
(xii) the payment by a State or local committee of a political
party of the costs of voter registration and get-out-the-vote
activities conducted by such committee on behalf of nominees of
such party for President and Vice President: Provided, That -
(1) such payments are not for the costs of campaign materials
or activities used in connection with any broadcasting,
newspaper, magazine, billboard, direct mail, or similar type of
general public communication or political advertising;
(2) such payments are made from contributions subject to the
limitations and prohibitions of this Act; and
(3) such payments are not made from contributions designated
to be spent on behalf of a particular candidate or candidates;
(xiii) payments made by a candidate or the authorized committee
of a candidate as a condition of ballot access and payments
received by any political party committee as a condition of
ballot access; and
(xiv) any honorarium (within the meaning of section 441i of
this title).
(9)(A) The term ''expenditure'' includes -
(i) any purchase, payment, distribution, loan, advance,
deposit, or gift of money or anything of value, made by any
person for the purpose of influencing any election for Federal
office; and
(ii) a written contract, promise, or agreement to make an
expenditure.
(B) The term ''expenditure'' does not include -
(i) any news story, commentary, or editorial distributed
through the facilities of any broadcasting station, newspaper,
magazine, or other periodical publication, unless such facilities
are owned or controlled by any political party, political
committee, or candidate;
(ii) nonpartisan activity designed to encourage individuals to
vote or to register to vote;
(iii) any communication by any membership organization or
corporation to its members, stockholders, or executive or
administrative personnel, if such membership organization or
corporation is not organized primarily for the purpose of
influencing the nomination for election, or election, of any
individual to Federal office, except that the costs incurred by a
membership organization (including a labor organization) or by a
corporation directly attributable to a communication expressly
advocating the election or defeat of a clearly identified
candidate (other than a communication primarily devoted to
subjects other than the express advocacy of the election or
defeat of a clearly identified candidate), shall, if such costs
exceed $2,000 for any election, be reported to the Commission in
accordance with section 434(a)(4)(A)(i) of this title, and in
accordance with section 434(a)(4)(A)(ii) of this title with
respect to any general election;
(iv) the payment by a State or local committee of a political
party of the costs of preparation, display, or mailing or other
distribution incurred by such committee with respect to a printed
slate card or sample ballot, or other printed listing, of 3 or
more candidates for any public office for which an election is
held in the State in which such committee is organized, except
that this clause shall not apply to costs incurred by such
committee with respect to a display of any such listing made on
broadcasting stations, or in newspapers, magazines, or similar
types of general public political advertising;
(v) any payment made or obligation incurred by a corporation or
a labor organization which, under section 441b(b) of this title,
would not constitute an expenditure by such corporation or labor
organization;
(vi) any costs incurred by an authorized committee or candidate
in connection with the solicitation of contributions on behalf of
such candidate, except that this clause shall not apply with
respect to costs incurred by an authorized committee of a
candidate in excess of an amount equal to 20 percent of the
expenditure limitation applicable to such candidate under section
441a(b) of this title, but all such costs shall be reported in
accordance with section 434(b) of this title;
(vii) the payment of compensation for legal or accounting
services -
(I) rendered to or on behalf of any political committee of a
political party if the person paying for such services is the
regular employer of the individual rendering such services, and
if such services are not attributable to activities which
directly further the election of any designated candidate to
Federal office; or
(II) rendered to or on behalf of a candidate or political
committee if the person paying for such services is the regular
employer of the individual rendering such services, and if such
services are solely for the purpose of ensuring compliance with
this Act or chapter 95 or chapter 96 of title 26,
but amounts paid or incurred by the regular employer for such
legal or accounting services shall be reported in accordance with
section 434(b) of this title by the committee receiving such
services;
(viii) the payment by a State or local committee of a political
party of the costs of campaign materials (such as pins, bumper
stickers, handbills, brochures, posters, party tabloids, and yard
signs) used by such committee in connection with volunteer
activities on behalf of nominees of such party: Provided, That -
(1) such payments are not for the costs of campaign materials
or activities used in connection with any broadcasting,
newspaper, magazine, billboard, direct mail, or similar type of
general public communication or political advertising;
(2) such payments are made from contributions subject to the
limitations and prohibitions of this Act; and
(3) such payments are not made from contributions designated
to be spent on behalf of a particular candidate or particular
candidates;
(ix) the payment by a State or local committee of a political
party of the costs of voter registration and get-out-the-vote
activities conducted by such committee on behalf of nominees of
such party for President and Vice President: Provided, That -
(1) such payments are not for the costs of campaign materials
or activities used in connection with any broadcasting,
newspaper, magazine, billboard, direct mail, or similar type of
general public communication or political advertising;
(2) such payments are made from contributions subject to the
limitations and prohibitions of this Act; and
(3) such payments are not made from contributions designated
to be spent on behalf of a particular candidate or candidates;
and
(x) payments received by a political party committee as a
condition of ballot access which are transferred to another
political party committee or the appropriate State official.
(10) The term ''Commission'' means the Federal Election
Commission.
(11) The term ''person'' includes an individual, partnership,
committee, association, corporation, labor organization, or any
other organization or group of persons, but such term does not
include the Federal Government or any authority of the Federal
Government.
(12) The term ''State'' means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or a
territory or possession of the United States.
(13) The term ''identification'' means -
(A) in the case of any individual, the name, the mailing
address, and the occupation of such individual, as well as the
name of his or her employer; and
(B) in the case of any other person, the full name and address
of such person.
(14) The term ''national committee'' means the organization
which, by virtue of the bylaws of a political party, is responsible
for the day-to-day operation of such political party at the
national level, as determined by the Commission.
(15) The term ''State committee'' means the organization which,
by virtue of the bylaws of a political party, is responsible for
the day-to-day operation of such political party at the State
level, as determined by the Commission.
(16) The term ''political party'' means an association,
committee, or organization which nominates a candidate for election
to any Federal office whose name appears on the election ballot as
the candidate of such association, committee, or organization.
(17) The term ''independent expenditure'' means an expenditure by
a person expressly advocating the election or defeat of a clearly
identified candidate which is made without cooperation or
consultation with any candidate, or any authorized committee or
agent of such candidate, and which is not made in concert with, or
at the request or suggestion of, any candidate, or any authorized
committee or agent of such candidate.
(18) The term ''clearly identified'' means that -
(A) the name of the candidate involved appears;
(B) a photograph or drawing of the candidate appears; or
(C) the identity of the candidate is apparent by unambiguous
reference.
(19) The term ''Act'' means the Federal Election Campaign Act of
1971 as amended.
-SOURCE-
(Pub. L. 92-225, title III, Sec. 301, Feb. 7, 1972, 86 Stat. 11;
Pub. L. 93-443, title II, Sec. 201(a), 208(c)(1), Oct. 15, 1974, 88
Stat. 1272, 1286; Pub. L. 94-283, title I, Sec. 102, 115(d), (h),
May 11, 1976, 90 Stat. 478, 495, 496; Pub. L. 96-187, title I, Sec.
101, Jan. 8, 1980, 93 Stat. 1339; Pub. L. 99-514, Sec. 2, Oct. 22,
1986, 100 Stat. 2095.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Election Campaign Act of 1971, as amended, referred
to in par. (19), is Pub. L. 92-225, Feb. 7, 1972, 86 Stat. 3, as
amended, which is classified principally to this chapter. For
complete classification of this Act to the Code, see Short Title
notes set out below and Tables.
-MISC AMENDMENTS
1986 - Pars. (8)(B)(ix)(II), (9)(A)(vii)(II). 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 changed the section designations from
letters to numbers, and as so redesignated, substantially redefined
the terms applicable to the provisions of this Act.
1976 - Subsec. (a)(2). Pub. L. 94-283, Sec. 102(a), substituted
''party which has authority to nominate'' for ''party held to
nominate''.
Subsec. (e)(2). Pub. L. 94-283, Sec. 102(b), substituted
''written contract, promise, or agreement,'' for ''contract,
promise, or agreement, expressed or implied,''.
Subsec. (e)(4). Pub. L. 94-283, Sec. 102(c), inserted provisions
establishing an exception for legal or accounting services.
Subsec. (e)(5). Pub. L. 94-283, Sec. 102(d), (e), 115(d) (1),
substituted ''section 441b(b) of this title'' for ''the last
paragraph of section 610 of title 18, United States Code'' in cl.
(F), added cls. (G), (H), and (I), and, in the provisions following
cl. (I), substituted ''person'' for ''individual''.
Subsec. (f)(4). Pub. L. 94-283, Sec. 102(f), 115(d)(2), inserted
provisions in cl. (C) requiring the reporting to the Commission of
costs directly attributable to a communication expressly advocating
the election or defeat of a clearly identifiable candidate if those
costs should exceed $2,000 per election, substituted ''section
441b(b) of this title'' for ''the last paragraph of section 610 of
title 18, United States Code'' in cl. (H), and added cls. (I), (J),
and (K).
Subsec. (n). Pub. L. 94-283, Sec. 115(h), substituted ''section
432(e) (1) of this title'' for ''section 432(f)(1) of this title''.
Subsec. (o) to (q). Pub. L. 94-283, Sec. 102(g)(3), added
subsecs. (o) to (q).
1974 - Pub. L. 93-443, Sec. 201(a) (1), inserted introductory
reference to title IV of this Act, which for purposes of
codification is translated as subchapter II of this chapter.
Subsec. (a)(5). Pub. L. 93-443, Sec. 201(a)(2), struck out from
definition of ''election'' the election of delegates to a
constitutional convention for proposing amendments to the
Constitution of the United States.
Subsec. (d). Pub. L. 93-443, Sec. 201(a)(3), inserted reference
to ''club,'' before ''association'' and substituted ''other group
of persons'' and ''receives'' for ''organization'' and ''accepts''.
Subsec. (e). Pub. L. 93-443, Sec. 201(a)(4), transferred the word
''means'' after introductory word ''contribution'' to become the
initial word in pars. (1) to (4); in par. (1), incorporated
existing provisions in provisions designated subpars. (A) and (B),
and deleted former provisions respecting contributions for the
purpose of influencing the nomination for election, or election, of
any person as a presidential election or for the purpose of
influencing the election of delegates to a constitutional
convention for proposing amendments to the Constitution of the
United States; in par. (2), provided for express or implied
transactions; in par. (3), substitution of ''funds received by a
political committee which are transferred to such committee from
another political committee or other source'' for ''a transfer of
funds between political committees''; inserted at end of par. (4)
the word ''but''; and added par. (5.)
Subsec. (f). Pub. L. 93-443, Sec. 201(a)(5), transferred the word
''means'' following introductory word ''expenditure'' to become the
initial word in pars. (1) to (3); in par. (1), incorporated
existing provisions in provisions designated subpars. (A) to (C)
and deleted end text reading '', or for the purpose of influencing
the election of delegates to a constitutional convention for
proposing amendments to the Constitution of the United States''; in
par. (2), provided for express or implied transactions; in par.
(3), substituted ''the transfer of funds by a political committee
to another political committee; but'' for ''a transfer of funds
between political committees''; and added par. (4).
Subsec. (g). Pub. L. 93-443, Sec. 208(c)(1), substituted
definition of ''Commission'' for ''supervisory officer''.
Subsecs. (j) to (n). Pub. L. 93-443, Sec. 201(a)(6)-(8), added
subsecs. (j) to (n).
EFFECTIVE DATE OF 1980 AMENDMENT
Section 301 of Pub. L. 96-187 provided that:
''(a) Except as provided in subsection (b), the amendments made
by this Act (see Short Title of 1980 Amendment note set out below)
are effective upon enactment (Jan. 8, 1980).
''(b) For authorized committees of candidates for President and
Vice President, section 304(b) of the Federal Election Campaign Act
of 1971 (section 434(b) of this title) shall be effective for
elections occurring after January 1, 1981.''
EFFECTIVE DATE OF 1974 AMENDMENT
Section 410 of Pub. L. 93-443 provided that:
''(a) Except as provided by subsection (b) and subsection (c),
the foregoing provisions of this Act (enacting sections 437a to
437h, 439a to 439c, 455 and 456 of this title sections 614 to 617
of Title 18, Crimes and Criminal Procedure, and sections 9031 to
9042 of Title 26, Internal Revenue Code, amending sections 431 to
437, 438, 439, 451 to 453 of this title, sections 1501 to 1503 of
Title 5, Government Organization and Employees, sections 591, 608,
610, 611, and 613 of Title 18, sections 276, 6012, and 9002 to 9012
of Title 26, and section 315 of Title 47, Telegraphs, Telephones,
and Radiotelegraphs, repealing section 440 of this title, section
9021 of Title 26, and sections 801 to 805 of Title 47, and enacting
provisions set out as notes under this section and sections 432,
434, 437c, and 438 of this title, sections 591 and 608 of Title 18,
and section 9006 of Title 26) shall become effective January 1,
1975.
''(b) Section 104 (set out as a note under section 591 of Title
18) and the amendment made by section 301 (amending section 453 of
this title) shall become effective on the date of the enactment of
this Act (Oct. 15, 1974).
''(c)(1) The amendments made by sections 403(a), 404, 405, 406,
408, and 409 (enacting sections 9031 to 9042, amending sections
276, 9002, 9003, 9004, 9005, 9006, 9007, 9008, 9009, 9010, 9011,
and 9012, and repealing section 9021 of Title 26) shall apply with
respect to taxable years beginning after December 31, 1974.
''(2) The amendment made by section 407 (amending section 6012 of
Title 26) shall apply with respect to taxable years beginning after
December 31, 1971.''
EFFECTIVE DATE
Section 408, formerly Sec. 406, of Pub. L. 92-225 as renumbered
Pub. L. 93-443, title III, Sec. 302, Oct. 15, 1974, 88 Stat. 1289,
provided that: ''Except as provided in section 401 of this Act
(section 451 of this title), the provisions of this Act (see Short
Title note set out below) shall become effective on December 31,
1971, or sixty days after the date of enactment of this Act (Feb.
7, 1972), whichever is later.''
SHORT TITLE OF 1980 AMENDMENT
Section 1 of Pub. L. 96-187 provided: ''That this Act (amending
this section and sections 432 to 434, 437, 437c, 437d, 437f to
439a, 439c, 441a to 441i of this title, section 3132 of Title 5,
Government Organization and Employees, sections 602, 603, and 607
of Title 18, Crimes and Criminal Procedure, section 901a of Title
22, Foreign Relations and Intercourse, section 9008 of Title 26,
Internal Revenue Code, and section 5043 of Title 42, The Public
Health and Welfare; repealing sections 435, 436, 437b, 437e, 439b,
and 441j of this title and section 591 of Title 18; and enacting
provisions set out as notes under this section) may be cited as the
'Federal Election Campaign Act Amendments of 1979'.''
SHORT TITLE OF 1976 AMENDMENT
Section 1 of Pub. L. 94-283 provided that: ''This Act (enacting
sections 441a to 441j of this title, amending this section and
sections 432, 434, 436, 437b to 439c, and 455 of this title,
section 591 of Title 18, Crimes and Criminal Procedure, and
sections 9002, 9003, 9004, 9006, 9007, 90
08 , 9009, 9012, 9032,
9033, 9034, 9035, and 9039 of Title 26, Internal Revenue Code,
repealing sections 437a, 441, and 456 of this title and sections
608, 610, 611, 612, 613, 614, 615, 616, and 617 of Title 18, and
enacting provisions set out as notes under sections 437c, 437f, and
441 of this title and sections 9002, 9004, and 9035 of Title 26)
may be cited as the 'Federal Election Campaign Act Amendments of
1976'.''
SHORT TITLE OF 1974 AMENDMENT
Section 1 of Pub. L. 93-443 provided: ''That this Act (enacting
sections 437a to 437h, 439a to 439c, 455, and 456 of this title,
sections 614 to 617 of Title 18, Crimes and Criminal Procedure, and
sections 9031 to 9042 of Title 26, Internal Revenue Code; amending
this section and sections 432 to 437, 438, 439 and 451 to 453 of
this title, sections 1501 to 1503 of Title 5, Government
Organization and Employees, sections 591, 608, 610, 611, and 613 of
Title 18, sections 276, 6012, 9002 to 9012 of Title 26, and section
315 of Title 47, Telegraphs, Telephones, and Radiotelegraphs;
repealing section 440 of this title, section 9021 of Title 26, and
sections 801 to 805 of Title 47; and enacting provisions set out as
notes under this section and sections 434, 437c, and 438 of this
title, sections 591 and 608 of Title 18, and section 9006 of Title
26) may be cited as the 'Federal Election Campaign Act Amendments
of 1974'.''
SHORT TITLE
Section 1 of Pub. L. 92-225 provided: ''That this Act (enacting
this chapter and chapter 7 of Title 47, Telegraphs, Telephones, and
Radiotelegraphs, amending sections 591, 600, 608, 610, and 611 of
Title 18, Crimes and Criminal Procedure, and sections 312 and 315
of Title 47, repealing sections 241 to 256 of this title and
section 609 of Title 18, and enacting provisions set out as notes
under this section and section 801 of Title 47) may be cited as the
'Federal Election Campaign Act of 1971'.''
-TRANS-
TRANSFER OF FUNCTIONS
Federal Savings and Loan Insurance Corporation abolished and
functions transferred, see Pub. L. 101-73, title IV, Sec. 401-406,
Aug. 9, 1989, 103 Stat. 354-363, set out as a note under section
1437 of Title 12, Banks and Banking.
-MISC5-
TRANSITION PROVISIONS
Section 303 of Pub. L. 96-187 provided that:
''(a) The Federal Election Commission shall transmit to the
Congress proposed rules and regulations necessary for the purpose
of implementing the provisions of this Act, and the amendments made
by this Act (see Short Title of 1980 Amendment note set out above),
prior to February 29, 1980.
''(b) The provisions of section 311(d) of the Federal Election
Campaign Act of 1971 (section 438(d) of this title) allowing
disapproval of rules and regulations by either House of Congress
within 30 legislative days after receipt shall, with respect to
rules and regulations required to be proposed under subsection (a)
of this section, be deemed to allow such disapproval within 15
legislative days after receipt.''
VOTING SYSTEM STUDY; REPORT TO CONGRESS; COST OF STUDY
Section 302 of Pub. L. 96-187, as amended by Pub. L. 100-418,
title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433, provided
that: ''The Federal Election Commission with the cooperation and
assistance of the National Institute of Standards and Technology,
shall conduct a preliminary study with respect to the future
development of voluntary engineering and procedural performance
standards for voting systems used in the United States. The
Commission shall report to the Congress the results of the study,
and such report shall include recommendations, if any, for the
implementation of a program of such standards (including estimates
of the costs and time requirements of implementing such a
program). The cost of the study shall be paid out of any funds
otherwise available to defray the expenses of the Commission.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 58, 59e, 433, 437a of
this title; title 18 sections 602, 603, 607; title 22 section 3944;
title 42 sections 1973gg-1, 5043.
-CITE-
18 USC Sec. 597 01/26/98
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 29 - ELECTIONS AND POLITICAL ACTIVITIES
-HEAD-
Sec. 597. Expenditures to influence voting
-STATUTE-
Whoever makes or offers to make an expenditure to any person,
either to vote or withhold his vote, or to vote for or against any
candidate; and
Whoever solicits, accepts, or receives any such expenditure in
consideration of his vote or the withholding of his vote -
Shall be fined under this title or imprisoned not more than one
year, or both; and if the violation was willful, shall be fined
under this title or imprisoned not more than two years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13, 1994, Pub. L.
103-322, title XXXIII, Sec. 330016(1)(H), 108 Stat. 2147; Oct. 11,
1996, Pub. L. 104-294, title VI, Sec. 601(a)(12), 110 Stat. 3498.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on sections 250, 252, of title 2, U.S.C., 1940 ed., The
Congress (Feb. 28, 1925, ch. 368, title III, Sec. 311, 314, 43
Stat. 1073, 1074).
This section consolidates the provisions of sections 250 and 252
of title 2, U.S.C., 1940 ed., The Congress.
Reference to persons causing or procuring was omitted as
unnecessary in view of definition of ''principal'' in section 2 of
this title.
The punishment provisions of section 252 of title 2, U.S.C., 1940
ed., The Congress, were incorporated at end of section upon
authority of reference in such section making them applicable to
this section.
Words ''or both'' were added to conform to the almost universal
formula of the punishment provisions of this title.
Changes were made in phraseology.
AMENDMENTS
1996 - Pub. L. 104-294 substituted ''shall be fined under this
title'' for ''shall be fined not more than $10,000'' in last par.
1994 - Pub. L. 103-322 substituted ''shall be fined under this
title'' for ''shall be fined not more than $1,000'' in last par.
-CROSS-
CROSS REFERENCES
Minor offenses tried by United States magistrate judges as
excluding offenses punishable under this section, see section 3401
of this title.
-CITE-
18 USC Sec. 599 01/26/98
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 29 - ELECTIONS AND POLITICAL ACTIVITIES
-HEAD-
Sec. 599. Promise of appointment by candidate
-STATUTE-
Whoever, being a candidate, directly or indirectly promises or
pledges the appointment, or the use of his influence or support for
the appointment of any person to any public or private position or
employment, for the purpose of procuring support in his candidacy
shall be fined under this title or imprisoned not more than one
year, or both; and if the violation was willful, shall be fined
under this title or imprisoned not more than two years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13, 1994, Pub. L.
103-322, title XXXIII, Sec. 330016(1)(H), (L), 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on sections 249, 252, of title 2, U.S.C., 1940 ed., The
Congress (Feb. 28, 1925, ch. 368, title III, Sec. 310, 314, 43
Stat. 1073, 1074).
This section consolidates the provisions of sections 249 and 252
of title 2, U.S.C., 1940 ed., The Congress, with changes in
arrangement and phraseology necessary to effect consolidation.
Words ''or both'' were added to conform to the almost universal
formula of the punishment provisions of this title.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for
''fined not more than $1,000'' after ''candidacy shall be'' and for
''fined not more than $10,000'' after ''willful, shall be''.
-CROSS-
CROSS REFERENCES
Minor offenses tried by United States magistrate judges as
excluding offenses punishable under this section, see section 3401
of this title.
-CITE-
18 USC Sec. 602 01/26/98
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 29 - ELECTIONS AND POLITICAL ACTIVITIES
-HEAD-
Sec. 602. Solicitation of political contributions
-STATUTE-
(a) It shall be unlawful for -
(1) a candidate for the Congress;
(2) an individual elected to or serving in the office of
Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress;
(3) an officer or employee of the United States or any
department or agency thereof; or
(4) a person receiving any salary or compensation for services
from money derived from the Treasury of the United States; to
knowingly solicit any contribution within the meaning of section
301(8) of the Federal Election Campaign Act of 1971 from any
other such officer, employee, or person. Any person who violates
this section shall be fined under this title or imprisoned not
more than 3 years, or both.
(b) The prohibition in subsection (a) shall not apply to any
activity of an employee (as defined in section 7322(1) of title 5)
or any individual employed in or under the United States Postal
Service or the Postal Rate Commission, unless that activity is
prohibited by section 7323 or 7324 of such title.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 722; Jan. 8, 1980, Pub. L.
96-187, title II, Sec. 201(a)(3), 93 Stat. 1367; Oct. 6, 1993, Pub.
L. 103-94, Sec. 4(a), 107 Stat. 1004; Sept. 13, 1994, Pub. L.
103-322, title XXXIII, Sec. 330016(1)(K), 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 208, 212 (Mar. 4, 1909,
ch. 321, Sec. 118, 122, 35 Stat. 1110; Feb. 28, 1925, ch. 368, Sec.
312, 43 Stat. 1073).
This section consolidates sections 208 and 212 of title 18,
U.S.C., 1940 ed.
This section, like section 201 of this title, was expanded to
embrace all officers or persons acting on behalf of any independent
agencies or Government-owned or controlled corporations by
inserting words ''or any department or agency thereof.'' (See
definitive section 6 of this title.)
The punishment provision was taken from section 212 of title 18,
U.S.C., 1940 ed., which, by reference, made the punishment
applicable to the crime described in this section.
Changes were made in phraseology.
-REFTEXT-
REFERENCES IN TEXT
Section 301(8) of the Federal Election Campaign Act of 1971,
referred to in subsec. (a)(4), is classified to section 431(8) of
Title 2, The Congress.
-MISC2-
AMENDMENTS
1994 - Pub. L. 103-322, which directed the amendment of this
section by substituting ''under this title'' for ''not more than
$5,000'', could not be executed because the phrase ''not more than
$5,000'' does not appear in text. See 1993 Amendment note below.
1993 - Pub. L. 103-94 designated existing provisions as subsec.
(a), substituted ''; to knowingly solicit any contribution within
the meaning of section 301(8) of the Federal Election Campaign Act
of 1971 from any other such officer, employee, or person. Any
person who violates this section shall be fined under this title or
imprisoned not more than 3 years, or both'' for ''to knowingly
solicit, any contribution within the meaning of section 301(8) of
the Federal Election Campaign Act of 1971 from any other such
officer, employee, or person. Any person who violates this section
shall be fined not more than $5,000 or imprisoned not more than
three years, or both'' in par. (4), and added subsec. (b).
1980 - Pub. L. 96-187 amended section generally to conform its
terms to revision of the Federal Election Campaign Act of 1971 by
title I of Pub. L. 96-187.
EFFECTIVE DATE OF 1993 AMENDMENT; SAVINGS PROVISION
Amendment by Pub. L. 103-94 effective 120 days after Oct. 6,
1993, but not to release or extinguish any penalty, forfeiture, or
liability incurred under amended provision, which is to be treated
as remaining in force for purpose of sustaining any proper
proceeding or action for enforcement of that penalty, forfeiture,
or liability, and no provision of Pub. L. 103-94 to affect any
proceedings with respect to which charges were filed on or before
120 days after Oct. 6, 1993, with orders to be issued in such
proceedings and appeals taken therefrom as if Pub. L. 103-94 had
not been enacted, see section 12 of Pub. L. 103-94, set out as an
Effective Date; Savings Provision note under section 7321 of Title
5, Government Organization and Employees.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section
301(a) of Pub. L. 96-187, set out as a note under section 431 of
Title 2, The Congress.
-CROSS-
CROSS REFERENCES
Place of solicitation, see section 607 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 606 of this title; title 5
section 3374.
Source: