52 USC 30117 - Modification of certain limits for House candidates in response to personal fund expenditures of opponents

U.S Code last checked for updates: Nov 22, 2024

§ 30117.

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

 See References in Text note below.

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)) 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

(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); 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

(4)

Disposal of excess contributions

(A)

In general

(B)

Return to contributors

(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

(C)

Initial notification

(D)

Additional notification

(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

(3)

Enforcement

(Pub. L. 92–225, title III, § 315A, as added Pub. L. 107–155, title III, § 319(a), Mar. 27, 2002, 116 Stat. 109.)

cite as: 52 USC 30117