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U.S. Code as of:
01/3/05
Section 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.
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