§ 30104.
(a)
Receipts and disbursements by treasurers of political committees; filing requirements
(1)
Each treasurer of a political committee shall file reports of receipts and disbursements in accordance with the provisions of this subsection. The treasurer shall sign each such report.
(2)
If the political committee is the principal campaign committee of a candidate for the House of Representatives or for the Senate—
(A)
in any calendar year during which there is
1
So in original. Probably should be followed by “a”.
regularly scheduled election for which such candidate is seeking election, or nomination for election, the treasurer shall file the following reports:
(i)
a pre-election report, which shall be filed no later than the 12th day before (or posted by any of the following: registered mail, certified mail, priority mail having a delivery confirmation, or express mail having a delivery confirmation, or delivered to an overnight delivery service with an on-line tracking system, if posted or delivered no later than the 15th day before) any election in which such candidate is seeking election, or nomination for election, and which shall be complete as of the 20th day before such election;
(ii)
a post-general election report, which shall be filed no later than the 30th day after any general election in which such candidate has sought election, and which shall be complete as of the 20th day after such general election; and
(iii)
additional quarterly reports, which shall be filed no later than the 15th day after the last day of each calendar quarter, and which shall be complete as of the last day of each calendar quarter: except that the report for the quarter ending December 31 shall be filed no later than January 31 of the following calendar year; and
(B)
in any other calendar year the treasurer shall file quarterly reports, which shall be filed not later than the 15th day after the last day of each calendar quarter, and which shall be complete as of the last day of each calendar quarter, except that the report for the quarter ending December 31 shall be filed not later than January 31 of the following calendar year.
(3)
If the committee is the principal campaign committee of a candidate for the office of President—
(A)
in any calendar year during which a general election is held to fill such office—
(i)
the treasurer shall file monthly reports if such committee has on January 1 of such year, received contributions aggregating $100,000 or made expenditures aggregating $100,000 or anticipates receiving contributions aggregating $100,000 or more or making expenditures aggregating $100,000 or more during such year: such monthly reports shall be filed no later than the 20th day after the last day of each month and shall be complete as of the last day of the month, except that, in lieu of filing the report otherwise due in November and December, a pre-general election report shall be filed in accordance with paragraph (2)(A)(i), a post-general election report shall be filed in accordance with paragraph (2)(A)(ii), and a year end report shall be filed no later than January 31 of the following calendar year;
(ii)
the treasurer of the other principal campaign committees of a candidate for the office of President shall file a pre-election report or reports in accordance with paragraph (2)(A)(i), a post-general election report in accordance with paragraph (2)(A)(ii), and quarterly reports in accordance with paragraph (2)(A)(iii); and
(iii)
if at any time during the election year a committee filing under paragraph (3)(A)(ii) receives contributions in excess of $100,000 or makes expenditures in excess of $100,000, the treasurer shall begin filing monthly reports under paragraph (3)(A)(i) at the next reporting period; and
(B)
in any other calendar year, the treasurer shall file either—
(i)
monthly reports, which shall be filed no later than the 20th day after the last day of each month and shall be complete as of the last day of the month; or
(ii)
quarterly reports, which shall be filed no later than the 15th day after the last day of each calendar quarter and which shall be complete as of the last day of each calendar quarter.
(4)
All political committees other than authorized committees of a candidate shall file either—
(A)
(i)
quarterly reports, in a calendar year in which a regularly scheduled general election is held, which shall be filed no later than the 15th day after the last day of each calendar quarter: except that the report for the quarter ending on December 31 of such calendar year shall be filed no later than January 31 of the following calendar year;
(ii)
a pre-election report, which shall be filed no later than the 12th day before (or posted by any of the following: registered mail, certified mail, priority mail having a delivery confirmation, or express mail having a delivery confirmation, or delivered to an overnight delivery service with an on-line tracking system, if posted or delivered no later than the 15th day before) any election in which the committee makes a contribution to or expenditure on behalf of a candidate in such election, and which shall be complete as of the 20th day before the election;
(iii)
a post-general election report, which shall be filed no later than the 30th day after the general election and which shall be complete as of the 20th day after such general election; and
(iv)
in any other calendar year, a report covering the period beginning January 1 and ending June 30, which shall be filed no later than July 31 and a report covering the period beginning July 1 and ending December 31, which shall be filed no later than January 31 of the following calendar year; or
(B)
monthly reports in all calendar years which shall be filed no later than the 20th day after the last day of the month and shall be complete as of the last day of the month, except that, in lieu of filing the reports otherwise due in November and December of any year in which a regularly scheduled general election is held, a pre-general election report shall be filed in accordance with paragraph (2)(A)(i), a post-general election report shall be filed in accordance with paragraph (2)(A)(ii), and a year end report shall be filed no later than January 31 of the following calendar year.
Notwithstanding the preceding sentence, a national committee of a political party shall file the reports required under subparagraph (B).
(5)
If a designation, report, or statement filed pursuant to this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii) or subsection (g)(1)) is sent by registered mail, certified mail, priority mail having a delivery confirmation, or express mail having a delivery confirmation, the United States postmark shall be considered the date of filing the designation, report or statement. If a designation, report or statement filed pursuant to this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii), or subsection (g)(1)) is sent by an overnight delivery service with an on-line tracking system, the date on the proof of delivery to the delivery service shall be considered the date of filing of the designation, report, or statement.
(6)
(A)
The principal campaign committee of a candidate shall notify the Secretary or the Commission, and the Secretary of State, as appropriate, in writing, of any contribution of $1,000 or more received by any authorized committee of such candidate after the 20th day, but more than 48 hours before, any election. This notification shall be made within 48 hours after the receipt of such contribution and shall include the name of the candidate and the office sought by the candidate, the identification of the contributor, and the date of receipt and amount of the contribution.
(B)
Notification of expenditure from personal funds.—
(i)
Definition of expenditure from personal funds.—
In this subparagraph, 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.
(ii)
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 Senator, 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 the State-by-State competitive and fair campaign formula with—
(I)
the Commission; and
(II)
each candidate in the same election.
(iii)
Initial notification.—
Not later than 24 hours after a candidate described in clause (ii) makes or obligates to make an aggregate amount of expenditures from personal funds in excess of 2 times the threshold amount in connection with any election, the candidate shall file a notification with—
(I)
the Commission; and
(II)
each candidate in the same election.
(iv)
Additional notification.—
After a candidate files an initial notification under clause (iii), 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 exceed
2
So in original. Probably should be “exceeds”.
$10,000 with—
(I)
the Commission; and
(II)
each candidate in the same election.
Such notification shall be filed not later than 24 hours after the expenditure is made.
(v)
Contents.—
A notification under clause (iii) or (iv) 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.
(C)
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 paragraph (1) of
section 30116(i) of this title) and the manner in which the candidate or the candidate’s authorized committee used such funds.
(D)
Enforcement.—
For provisions providing for the enforcement of the reporting requirements under this paragraph, see
section 30109 of this title.
(E)
The notification required under this paragraph shall be in addition to all other reporting requirements under this Act.
(7)
The reports required to be filed by this subsection shall be cumulative during the calendar year to which they relate, but where there has been no change in an item reported in a previous report during such year, only the amount need be carried forward.
(8)
The requirement for a political committee to file a quarterly report under paragraph (2)(A)(iii) or paragraph (4)(A)(i) shall be waived if such committee is required to file a pre-election report under paragraph (2)(A)(i), or paragraph (4)(A)(ii) during the period beginning on the 5th day after the close of the calendar quarter and ending on the 15th day after the close of the calendar quarter.
(9)
The Commission shall set filing dates for reports to be filed by principal campaign committees of candidates seeking election, or nomination for election, in special elections and political committees filing under paragraph (4)(A) which make contributions to or expenditures on behalf of a candidate or candidates in special elections. The Commission shall require no more than one pre-election report for each election and one post-election report for the election which fills the vacancy. The Commission may waive any reporting obligation of committees required to file for special elections if any report required by paragraph (2) or (4) is required to be filed within 10 days of a report required under this subsection. The Commission shall establish the reporting dates within 5 days of the setting of such election and shall publish such dates and notify the principal campaign committees of all candidates in such election of the reporting dates.
(10)
The treasurer of a committee supporting a candidate for the office of Vice President (other than the nominee of a political party) shall file reports in accordance with paragraph (3).
(11)
(A)
The Commission shall promulgate a regulation under which a person required to file a designation, statement, or report under this Act—
(i)
is required to maintain and file a designation, statement, or report for any calendar year in electronic form accessible by computers if the person has, or has reason to expect to have, aggregate contributions or expenditures in excess of a threshold amount determined by the Commission; and
(ii)
may maintain and file a designation, statement, or report in electronic form or an alternative form if not required to do so under the regulation promulgated under clause (i).
(B)
The Commission shall make a designation, statement, report, or notification that is filed with the Commission under this Act available for inspection by the public in the offices of the Commission and accessible to the public on the Internet not later than 48 hours (or not later than 24 hours in the case of a designation, statement, report, or notification filed electronically) after receipt by the Commission.
(C)
In promulgating a regulation under this paragraph, the Commission shall provide methods (other than requiring a signature on the document being filed) for verifying designations, statements, and reports covered by the regulation. Any document verified under any of the methods shall be treated for all purposes (including penalties for perjury) in the same manner as a document verified by signature.
(D)
As used in this paragraph, the term “report” means, with respect to the Commission, a report, designation, or statement required by this Act to be filed with the Commission.
(12)
Software for filing of reports.—
(A)
In general.—
The Commission shall—
(i)
promulgate standards to be used by vendors to develop software that—
(I)
permits candidates to easily record information concerning receipts and disbursements required to be reported under this Act at the time of the receipt or disbursement;
(II)
allows the information recorded under subclause (I) to be transmitted immediately to the Commission; and
(III)
allows the Commission to post the information on the Internet immediately upon receipt; and
(ii)
make a copy of software that meets the standards promulgated under clause (i) available to each person required to file a designation, statement, or report in electronic form under this Act.
(B)
Additional information.—
To the extent feasible, the Commission shall require vendors to include in the software developed under the standards under subparagraph (A) the ability for any person to file any designation, statement, or report required under this Act in electronic form.
(C)
Required use.—
Notwithstanding any provision of this Act relating to times for filing reports, each candidate for Federal office (or that candidate’s authorized committee) shall use software that meets the standards promulgated under this paragraph once such software is made available to such candidate.
(D)
Required posting.—
The Commission shall, as soon as practicable, post on the Internet any information received under this paragraph.
(b)
Contents of reports
Each report under this section shall disclose—
(1)
the amount of cash on hand at the beginning of the reporting period;
(2)
for the reporting period and the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), the total amount of all receipts, and the total amount of all receipts in the following categories:
(A)
contributions from persons other than political committees;
(B)
for an authorized committee, contributions from the candidate;
(C)
contributions from political party committees;
(D)
contributions from other political committees;
(E)
for an authorized committee, transfers from other authorized committees of the same candidate;
(F)
transfers from affiliated committees and, where the reporting committee is a political party committee, transfers from other political party committees, regardless of whether such committees are affiliated;
(G)
for an authorized committee, loans made by or guaranteed by the candidate;
(I)
rebates, refunds, and other offsets to operating expenditures;
(J)
dividends, interest, and other forms of receipts; and
(K)
for an authorized committee of a candidate for the office of President, Federal funds received under chapter 95 and chapter 96 of title 26;
(3)
the identification of each—
(A)
person (other than a political committee) who makes a contribution to the reporting committee during the reporting period, whose contribution or contributions have an aggregate amount or value in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), or in any lesser amount if the reporting committee should so elect, together with the date and amount of any such contribution;
(B)
political committee which makes a contribution to the reporting committee during the reporting period, together with the date and amount of any such contribution;
(C)
authorized committee which makes a transfer to the reporting committee;
(D)
affiliated committee which makes a transfer to the reporting committee during the reporting period and, where the reporting committee is a political party committee, each transfer of funds to the reporting committee from another political party committee, regardless of whether such committees are affiliated, together with the date and amount of such transfer;
(E)
person who makes a loan to the reporting committee during the reporting period, together with the identification of any endorser or guarantor of such loan, and the date and amount or value of such loan;
(F)
person who provides a rebate, refund, or other offset to operating expenditures to the reporting committee in an aggregate amount or value in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), together with the date and amount of such receipt; and
(G)
person who provides any dividend, interest, or other receipt to the reporting committee in an aggregate value or amount in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), together with the date and amount of any such receipt;
(4)
(A)
expenditures made to meet candidate or committee operating expenses;
(B)
for authorized committees, transfers to other committees authorized by the same candidate;
(C)
transfers to affiliated committees and, where the reporting committee is a political party committee, transfers to other political party committees, regardless of whether they are affiliated;
(D)
for an authorized committee, repayment of loans made by or guaranteed by the candidate;
(E)
repayment of all other loans;
(F)
contribution refunds and other offsets to contributions;
(G)
for an authorized committee, any other disbursements;
(H)
for any political committee other than an authorized committee—
(i)
contributions made to other political committees;
(ii)
loans made by the reporting committees;
(iii)
independent expenditures;
(v)
any other disbursements; and
(I)
for an authorized committee of a candidate for the office of President, disbursements not subject to the limitation of
section 30116(b) of this title;
(5)
the name and address of each—
(A)
person to whom an expenditure in an aggregate amount or value in excess of $200 within the calendar year is made by the reporting committee to meet a candidate or committee operating expense, together with the date, amount, and purpose of such operating expenditure;
(B)
authorized committee to which a transfer is made by the reporting committee;
(C)
affiliated committee to which a transfer is made by the reporting committee during the reporting period and, where the reporting committee is a political party committee, each transfer of funds by the reporting committee to another political party committee, regardless of whether such committees are affiliated, together with the date and amount of such transfers;
(D)
person who receives a loan repayment from the reporting committee during the reporting period, together with the date and amount of such loan repayment; and
(E)
person who receives a contribution refund or other offset to contributions from the reporting committee where such contribution was reported under paragraph (3)(A) of this subsection, together with the date and amount of such disbursement;
(6)
(A)
for an authorized committee, the name and address of each person who has received any disbursement not disclosed under paragraph (5) in an aggregate amount or value in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), together with the date and amount of any such disbursement;
(B)
for any other political committee, the name and address of each—
(i)
political committee which has received a contribution from the reporting committee during the reporting period, together with the date and amount of any such contribution;
(ii)
person who has received a loan from the reporting committee during the reporting period, together with the date and amount of such loan;
(iii)
person who receives any disbursement during the reporting period in an aggregate amount or value in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), in connection with an independent expenditure by the reporting committee, together with the date, amount, and purpose of any such independent expenditure and a statement which indicates whether such independent expenditure is in support of, or in opposition to, a candidate, as well as the name and office sought by such candidate, and a certification, under penalty of perjury, whether such independent expenditure is made in cooperation, consultation, or concert, with, or at the request or suggestion of, any candidate or any authorized committee or agent of such committee;
(iv)
person who receives any expenditure from the reporting committee during the reporting period in connection with an expenditure under
section 30116(d) of this title, together with the date, amount, and purpose of any such expenditure as well as the name of, and office sought by, the candidate on whose behalf the expenditure is made; and
(v)
person who has received any disbursement not otherwise disclosed in this paragraph or paragraph (5) in an aggregate amount or value in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), from the reporting committee within the reporting period, together with the date, amount, and purpose of any such disbursement;
(7)
the total sum of all contributions to such political committee, together with the total contributions less offsets to contributions and the total sum of all operating expenditures made by such political committee, together with total operating expenditures less offsets to operating expenditures, for both the reporting period and the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office); and
(8)
the amount and nature of outstanding debts and obligations owed by or to such political committee; and where such debts and obligations are settled for less than their reported amount or value, a statement as to the circumstances and conditions under which such debts or obligations were extinguished and the consideration therefor.
(c)
Statements by other than political committees; filing; contents; indices of expenditures
(1)
Every person (other than a political committee) who makes independent expenditures in an aggregate amount or value in excess of $250 during a calendar year shall file a statement containing the information required under subsection (b)(3)(A) for all contributions received by such person.
(2)
Statements required to be filed by this subsection shall be filed in accordance with subsection (a)(2), and shall include—
(A)
the information required by subsection (b)(6)(B)(iii), indicating whether the independent expenditure is in support of, or in opposition to, the candidate involved;
(B)
under penalty of perjury, a certification whether or not such independent expenditure is made in cooperation, consultation, or concert, with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate; and
(C)
the identification of each person who made a contribution in excess of $200 to the person filing such statement which was made for the purpose of furthering an independent expenditure.
(3)
The Commission shall be responsible for expeditiously preparing indices which set forth, on a candidate-by-candidate basis, all independent expenditures separately, including those reported under subsection (b)(6)(B)(iii), made by or for each candidate, as reported under this subsection, and for periodically publishing such indices on a timely pre-election basis.
(i)
Disclosure of bundled contributions
(2)
Covered period
In this subsection, a “covered period” means, with respect to a committee—
(A)
the period beginning January 1 and ending June 30 of each year;
(B)
the period beginning July 1 and ending December 31 of each year; and
(C)
any reporting period applicable to the committee under this section during which any person described in paragraph (7) provided 2 or more bundled contributions to the committee in an aggregate amount greater than the applicable threshold.
(4)
Public availability
The Commission shall ensure that, to the greatest extent practicable—
(A)
information required to be disclosed under this subsection is publicly available through the Commission website in a manner that is searchable, sortable, and downloadable; and
(B)
the Commission’s public database containing information disclosed under this subsection is linked electronically to the websites maintained by the Secretary of the Senate and the Clerk of the House of Representatives containing information filed pursuant to the Lobbying Disclosure Act of 1995 [
2 U.S.C. 1601 et seq.].
(5)
Regulations
Not later than 6 months after September 14, 2007, the Commission shall promulgate regulations to implement this subsection. Under such regulations, the Commission—
(A)
may, notwithstanding paragraphs (1) and (2), provide for quarterly filing of the schedule described in paragraph (1) by a committee which files reports under this section more frequently than on a quarterly basis;
(B)
shall provide guidance to committees with respect to whether a person is reasonably known by a committee to be a person described in paragraph (7), which shall include a requirement that committees consult the websites maintained by the Secretary of the Senate and the Clerk of the House of Representatives containing information filed pursuant to the Lobbying Disclosure Act of 1995;
(C)
may not exempt the activity of a person described in paragraph (7) from disclosure under this subsection on the grounds that the person is authorized to engage in fundraising for the committee or any other similar grounds; and
(D)
shall provide for the broadest possible disclosure of activities described in this subsection by persons described in paragraph (7) that is consistent with this subsection.
(7)
Persons described
A person described in this paragraph is any person, who, at the time a contribution is forwarded to a committee as described in paragraph (8)(A)(i) or is received by a committee as described in paragraph (8)(A)(ii), is—
(A)
a current registrant under section 4(a) of the Lobbying Disclosure Act of 1995 [
2 U.S.C. 1603(a)];
(B)
an individual who is listed on a current registration filed under section 4(b)(6) of such Act [
2 U.S.C. 1603(b)(6)] or a current report under section 5(b)(2)(C) of such Act [
2 U.S.C. 1604(b)(2)(C)]; or
(C)
a political committee established or controlled by such a registrant or individual.
(8)
Definitions
For purposes of this subsection, the following definitions apply:
(A)
Bundled contribution
The term “bundled contribution” means, with respect to a committee described in paragraph (6) and a person described in paragraph (7), a contribution (subject to the applicable threshold) which is—
(i)
forwarded from the contributor or contributors to the committee by the person; or
(ii)
received by the committee from a contributor or contributors, but credited by the committee or candidate involved (or, in the case of a leadership PAC, by the individual referred to in subparagraph (B) involved) to the person through records, designations, or other means of recognizing that a certain amount of money has been raised by the person.
([Pub. L. 92–225, title III, § 304], Feb. 7, 1972, [86 Stat. 14]; [Pub. L. 93–443, title II], §§ 204(a)–(d), 208(c)(4), Oct. 15, 1974, [88 Stat. 1276–1278], 1286; [Pub. L. 94–283, title I, § 104], May 11, 1976, [90 Stat. 480]; [Pub. L. 96–187, title I, § 104], Jan. 8, 1980, [93 Stat. 1348]; [Pub. L. 99–514, § 2], Oct. 22, 1986, [100 Stat. 2095]; [Pub. L. 104–79], §§ 1(a), 3(b), Dec. 28, 1995, [109 Stat. 791], 792; [Pub. L. 106–58, title VI], §§ 639(a), 641(a), Sept. 29, 1999, [113 Stat. 476], 477; [Pub. L. 106–346, § 101(a) [title V, § 502(a), (c)]], Oct. 23, 2000, [114 Stat. 1356], 1356A–49; [Pub. L. 107–155, title I, § 103(a)], title II, §§ 201(a), 212, title III, §§ 304(b), 306, 308(b), title V, §§ 501, 503, Mar. 27, 2002, [116 Stat. 87], 88, 93, 99, 102, 104, 114, 115; [Pub. L. 108–199, div. F, title VI, § 641], Jan. 23, 2004, [118 Stat. 359]; [Pub. L. 110–81, title II, § 204(a)], Sept. 14, 2007, [121 Stat. 744].)