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U.S. Code as of:
01/3/05
Section 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 -
(A) the limit under subsection (a)(1)(A) (!1) with respect to
the candidate shall be tripled;
(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 -
(i) the greatest aggregate amount of expenditures from
personal funds (as defined in subsection (b)(1) of this
section) that an opposing candidate in the same election
makes; over
(ii) the aggregate amount of expenditures from personal
funds made by the candidate with respect to the election.
(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) -
(i) until the candidate has received notification of the
opposition personal funds amount under subsection (b)(1) of
this section; and
(ii) to the extent that such contribution, when added to
the aggregate amount of contributions previously accepted and
party expenditures previously made under the increased limits
under this subsection for the election cycle, exceeds 100
percent of the opposition personal funds amount.
(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) Return to contributors
A candidate or a candidate's authorized committee shall
return the excess contribution to the person who made the
contribution.
(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 -
(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.
(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.
(E) Contents
A notification under subparagraph (C) or (D) 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.
(F) Place of filing
Each declaration or notification required to be filed by a
candidate under subparagraph (C), (D), or (E) shall be filed
with -
(i) the Commission; and
(ii) each candidate in the same election and the national
party of each such candidate.
(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.
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