U.S. Congress - Text of H.R.1614 as Introduced in House Clean Money, Clean Elections Act of 2007
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Donate NowH.R.1614 - Clean Money, Clean Elections Act of 2007
To reform the financing of House elections, and for other purposes.
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HR 1614 IHCommentsClose CommentsPermalink
To reform the financing of House elections, and for other purposes.CommentsClose CommentsPermalink
March 20, 2007
Mr. TIERNEY (for himself, Mr. GRIJALVA, and Mr. PLATTS) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committees on Energy and Commerce, Ways and Means, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink
To reform the financing of House elections, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Clean Money, Clean Elections Act of 2007'.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
TITLE I--CLEAN ELECTION FINANCING OF HOUSE ELECTION CAMPAIGNS
Subtitle A--Clean Election Financing Program
Sec. 101. Findings and declarations.CommentsClose CommentsPermalink
Sec. 102. Eligibility requirements and benefits of clean elections financing of House election campaigns.CommentsClose CommentsPermalink
`TITLE V--CLEAN ELECTIONS FINANCING OF HOUSE ELECTION CAMPAIGNS
Sec. 103. Reporting requirements for nonparticipating candidates.CommentsClose CommentsPermalink
Sec. 104. Modification of electioneering communication reporting requirements.CommentsClose CommentsPermalink
Sec. 105. Limitation on coordinated expenditures by political party committees with participating candidates.CommentsClose CommentsPermalink
Sec. 106. Treatment of coordinated expenditures as contributions.CommentsClose CommentsPermalink
Sec. 107. Audits.CommentsClose CommentsPermalink
Sec. 108. Tax credit for voluntary donations to House Clean Elections Fund.CommentsClose CommentsPermalink
Subtitle B--Clean Elections Review Commission
Sec. 111. Establishment of Commission.CommentsClose CommentsPermalink
Sec. 112. Structure and membership of the Commission.CommentsClose CommentsPermalink
Sec. 113. Powers of the Commission.CommentsClose CommentsPermalink
Sec. 114. Administration.CommentsClose CommentsPermalink
Sec. 115. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE II--VOTER INFORMATION
Sec. 201. Free broadcast time.CommentsClose CommentsPermalink
Sec. 202. Broadcast rates and preemption.CommentsClose CommentsPermalink
Sec. 203. Limit on Congressional use of the franking privilege.CommentsClose CommentsPermalink
TITLE III--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION
Sec. 301. Petition for certiorari.CommentsClose CommentsPermalink
Sec. 302. Promoting expedited availability of FEC reports.CommentsClose CommentsPermalink
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Severability.CommentsClose CommentsPermalink
Sec. 402. Review of constitutional issues.CommentsClose CommentsPermalink
Sec. 403. Effective date.CommentsClose CommentsPermalink
TITLE I--CLEAN ELECTION FINANCING OF HOUSE ELECTION CAMPAIGNS
Subtitle A--Clean Election Financing Program
SEC. 101. FINDINGS AND DECLARATIONS.
(a) Undermining of Democracy by Campaign Contributions From Private Sources- The House finds and declares that the current system of privately financed campaigns for election to the United States House has the capacity, and is often perceived by the public, to undermine democracy in the United States by--CommentsClose CommentsPermalink
(1) creating a conflict of interest, perceived or real, by encouraging Representatives to accept large campaign contributions from private interests that are directly affected by Federal legislation;CommentsClose CommentsPermalink
(2) diminishing or giving the appearance of diminishing a Representative's accountability to constituents by compelling legislators to be accountable to the major contributors who finance their election campaigns;CommentsClose CommentsPermalink
(3) violating the democratic principle of `one person, one vote' and diminishing the meaning of the right to vote by allowing monied interests to have a disproportionate and unfair influence within the political process;CommentsClose CommentsPermalink
(4) imposing large, unwarranted costs on taxpayers through legislative and regulatory outcomes shaped by unequal access to lawmakers for campaign contributors;CommentsClose CommentsPermalink
(5) driving up the cost of election campaigns, making it difficult for qualified candidates without personal wealth or access to campaign contributions from monied individuals and interest groups to mount competitive House election campaigns;CommentsClose CommentsPermalink
(6) disadvantaging challengers, because large campaign contributors tend to donate their money to incumbent Representatives, thus causing House elections to be less competitive; andCommentsClose CommentsPermalink
(7) burdening incumbents with a preoccupation with fundraising and thus decreasing the time available to carry out their public responsibilities.CommentsClose CommentsPermalink
(b) Enhancement of Democracy by Providing Allocations From the House Clean Elections Fund- The House finds and declares that providing the option of the replacement of private campaign contributions with allocations from the House Clean Elections Fund for all primary, runoff, and general elections to the House would enhance American democracy by--CommentsClose CommentsPermalink
(1) eliminating the potentially inherent conflict of interest created by the private financing of the election campaigns of public officials, thus restoring public confidence in the integrity and fairness of the electoral and legislative processes;CommentsClose CommentsPermalink
(2) increasing the public's confidence in the accountability of Representatives to the constituents who elect them;CommentsClose CommentsPermalink
(3) helping to eliminate access to wealth as a determinant of a citizen's influence within the political process and to restore meaning to the principle of `one person, one vote';CommentsClose CommentsPermalink
(4) reversing the escalating cost of elections and saving taxpayers billions of dollars that are (or that are perceived to be) currently allocated based upon legislative and regulatory agendas skewed by the influence of campaign contributions;CommentsClose CommentsPermalink
(5) creating a more level playing field for incumbents and challengers by creating genuine opportunities for all Americans to run for the House and by encouraging more competitive elections; andCommentsClose CommentsPermalink
(6) freeing Representatives from the incessant preoccupation with raising money, and allowing them more time to carry out their public responsibilities.CommentsClose CommentsPermalink
SEC. 102. ELIGIBILITY REQUIREMENTS AND BENEFITS OF CLEAN ELECTIONS FINANCING OF HOUSE ELECTION CAMPAIGNS.
The Federal Election Campaign Act of 1971 (
`TITLE V--CLEAN ELECTIONS FINANCING OF HOUSE ELECTION CAMPAIGNS
`SEC. 501. DEFINITIONS.
`In this title:CommentsClose CommentsPermalink
`(1) ALLOCATION FROM THE FUND- The term `allocation from the Fund' means an allocation of money from the House Clean Elections Fund to a participating candidate pursuant to sections 510 and 511.CommentsClose CommentsPermalink
`(2) CLEAN ELECTIONS QUALIFYING PERIOD- The term `clean elections qualifying period' means the period beginning on the date that is 180 days before the date of the primary election and ending on the date that is 30 days before the date of the primary election or, in the case of a state that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. In the event of a special election, the clean money qualifying period shall begin on the earlier date of either the date that is 180 days before the date of the special election or on the date of announcement of such special election date if same as within 180 days of the date of the special election. It shall end on the date that is 30 days before the date of the special election.CommentsClose CommentsPermalink
`(3) CLEAN ELECTIONS START DATE- The term `clean elections start date' means, with respect to any candidate, the date that is 180 days before--CommentsClose CommentsPermalink
`(A) the date of the primary election; orCommentsClose CommentsPermalink
`(B) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot.CommentsClose CommentsPermalink
`(4) FUND- The term `Fund' means the House Clean Elections Fund established by section 502.CommentsClose CommentsPermalink
`(5) GENERAL ELECTION PERIOD- The term `general election period' means, with respect to a candidate, the period beginning on the day after the date of the primary or primary runoff election for the specific office that the candidate is seeking, whichever is later, and ending on the earlier of--CommentsClose CommentsPermalink
`(A) the date of the general election; orCommentsClose CommentsPermalink
`(B) the date on which the candidate withdraws from the campaign or otherwise ceases actively to seek election.CommentsClose CommentsPermalink
`(6) GENERAL RUNOFF ELECTION PERIOD- The term `general runoff election period' means, with respect to a candidate, the period beginning on the day following the date of the last general election for the specific office that the candidate is seeking and ending on the date of the runoff election for that office.CommentsClose CommentsPermalink
`(7) IMMEDIATE FAMILY- The term `immediate family' means, with respect to any candidate--CommentsClose CommentsPermalink
`(A) the candidate's spouse;CommentsClose CommentsPermalink
`(B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate's spouse; andCommentsClose CommentsPermalink
`(C) the spouse of any person described in subparagraph (B).CommentsClose CommentsPermalink
`(8) INDEPENDENT CANDIDATE- The term `independent candidate' means a candidate for Representative who is--CommentsClose CommentsPermalink
`(A) not affiliated with any political party; orCommentsClose CommentsPermalink
`(B) affiliated with a political party that--CommentsClose CommentsPermalink
`(i) in the case of a candidate in a State that holds a primary election for Representative, does not hold a primary election for Representative; orCommentsClose CommentsPermalink
`(ii) in the case of a candidate in a State that does not hold primary election for Representative, does not have ballot status in such State.CommentsClose CommentsPermalink
`(9) MAJOR PARTY CANDIDATE-CommentsClose CommentsPermalink
`(A) IN GENERAL- The term `major party candidate' means a candidate for Representative who is affiliated with a major political party.CommentsClose CommentsPermalink
`(B) MAJOR POLITICAL PARTY- The term `major political party' means, with respect to any State, a political party of which a candidate for the office of Representative, President, or Governor in the preceding 5 years, received, as a candidate of that party in such State, 25 percent or more of the total number of popular votes cast for such office in such State.CommentsClose CommentsPermalink
`(10) MINOR PARTY CANDIDATE- The term `minor party candidate' means a candidate for Representative who is affiliated with a political party that--CommentsClose CommentsPermalink
`(A) holds a primary for House nominations; andCommentsClose CommentsPermalink
`(B) is not a major political party.CommentsClose CommentsPermalink
`(11) NONPARTICIPATING CANDIDATE- The term `nonparticipating candidate' means a candidate for Representative or Delegate or Resident Commissioner to the Congress who is not a participating candidate.CommentsClose CommentsPermalink
`(12) PARTICIPATING CANDIDATE- The term `participating candidate' means a candidate for Representative who is certified under section 507 as being eligible to receive an allocation from the Fund.CommentsClose CommentsPermalink
`(13) PRIMARY ELECTION PERIOD- The term `primary election period' means the period beginning on the date that is 90 days before the date of the primary election and ending on the date of the primary election. In the event of a special primary election, if applicable, such term means the period beginning on the date that is the longer of 90 days before the date of such special primary election, or the date of establishment by the appropriate election authority of the special primary election date and ending on the date of the special primary election.CommentsClose CommentsPermalink
`(14) PRIMARY ELECTION RUNOFF PERIOD- The term `primary election runoff period' means, with respect to a candidate, the period beginning on the day following the date of the last primary election for the specific office that the candidate is seeking and ending on the date of the runoff election for that office.CommentsClose CommentsPermalink
`(15) QUALIFYING CONTRIBUTION- The term `qualifying contribution' means, with respect to a candidate, a contribution that--CommentsClose CommentsPermalink
`(A) is in the amount of $5 exactly;CommentsClose CommentsPermalink
`(B) is made by an individual who--CommentsClose CommentsPermalink
`(i) is a resident of the State with respect to which the candidate is seeking election; andCommentsClose CommentsPermalink
`(ii) is not prohibited from making a contribution under this Act;CommentsClose CommentsPermalink
`(C) is made during the clean elections qualifying period; andCommentsClose CommentsPermalink
`(D) meets the requirements of section 505(c).CommentsClose CommentsPermalink
`(16) REPRESENTATIVE- The term `Representative' includes a Delegate or Resident Commissioner to the Congress.CommentsClose CommentsPermalink
`(17) SEED MONEY CONTRIBUTION- The term `seed money contribution' means a contribution or contributions by any 1 individual--CommentsClose CommentsPermalink
`(A) aggregating not more than $100; andCommentsClose CommentsPermalink
`(B) made to a candidate after the date of the most recent previous election for the office which the candidate is seeking and before the date the candidate has been certified as a participating candidate under section 507(a).CommentsClose CommentsPermalink
`(18) STATE- The term `State' includes the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, and Guam.CommentsClose CommentsPermalink
`SEC. 502. HOUSE CLEAN ELECTIONS FUND.
`(a) Establishment- There is established in the Treasury a fund to be known as the `House Clean Elections Fund'.CommentsClose CommentsPermalink
`(b) Deposits- The Commission shall deposit unspent seed money contributions, qualifying contributions, penalty amounts received under this title, and amounts appropriated for clean money financing in the House Clean Elections Fund.CommentsClose CommentsPermalink
`(c) Investment- The Commission shall invest portions of the Fund in obligations of the United States in the same manner as provided under section 9602(b) of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink
`(d) Use of Fund-CommentsClose CommentsPermalink
`(1) IN GENERAL- The sums in the House Clean Elections Fund shall be used to make allocations to participating candidates in accordance with sections 510 and 511.CommentsClose CommentsPermalink
`(2) INSUFFICIENT AMOUNTS- Under regulations established by the Commission, rules similar to the rules of section 9006(c) of the Internal Revenue Code shall apply.CommentsClose CommentsPermalink
`SEC. 503. ELIGIBILITY FOR ALLOCATIONS FROM THE FUND.
`(a) In General- A candidate for Representative is eligible to receive an allocation from the Fund for any election if the candidate meets the following requirements:CommentsClose CommentsPermalink
`(1) The candidate files with the Commission a statement of intent to seek certification as a participating candidate under this title during the period beginning on the clean elections start date and ending on the last day of the clean elections qualifying period.CommentsClose CommentsPermalink
`(2) The candidate has complied with the seed money contribution requirements of section 504.CommentsClose CommentsPermalink
`(3) The candidate meets the qualifying contribution requirements of section 505.CommentsClose CommentsPermalink
`(4) Not later than the last day of the clean elections qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate's principal campaign committee declaring that the candidate--CommentsClose CommentsPermalink
`(A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 506;CommentsClose CommentsPermalink
`(B) if certified, will not run as a nonparticipating candidate during such year in any election for the office that such candidate is seeking; andCommentsClose CommentsPermalink
`(C) has either qualified or will take steps to qualify under State law to be on the ballot.CommentsClose CommentsPermalink
`(b) General Election- Notwithstanding subsection (a), a candidate shall not be eligible to receive an allocation from the Fund for a general election or a general run off election unless the candidate's party nominated the candidate to be placed on the ballot for the general election or the candidate qualified to be placed on the ballot as an independent candidate, and the candidate is qualified under State law to be on the ballot.CommentsClose CommentsPermalink
`SEC. 504. SEED MONEY CONTRIBUTION REQUIREMENT.
`A candidate for Representative meets the seed money contribution requirements of this section if the candidate meets the following requirements:CommentsClose CommentsPermalink
`(1) SEPARATE ACCOUNTING- The candidate maintains seed money contributions in a separate account.CommentsClose CommentsPermalink
`(2) LIMITATION ON AMOUNT- The candidate deposits into the House Clean Elections Fund or returns to donors an amount equal to the amount of any seed money contributions which, in the aggregate, exceed the sum of $50,000.CommentsClose CommentsPermalink
`(3) USE OF SEED MONEY- The candidate makes expenditures from seed money contributions only for campaign-related costs.CommentsClose CommentsPermalink
`(4) RECORDS- The candidate maintains a record of the name and street address of any contributor of a seed money contribution and the amount of any such contribution.CommentsClose CommentsPermalink
`(5) REPORT- Unless a seed money contribution or an expenditure made with a seed money contribution has been reported previously under section 304, the candidate files with the Commission a report disclosing all seed money contributions and expenditures not later than 48 hours after receiving notification of the determination with respect to the certification of the candidate under section 507.CommentsClose CommentsPermalink
`(6) TIME TO ACCEPT SEED MONEY CONTRIBUTIONS- A clean elections candidate may accept seed money contributions for an election from the day after the date of the previous general election for the office to which the candidate is seeking election through the earliest date on which the Commission makes funds available to the candidate for an election period under paragraph (1) or (2) of section 506(b).CommentsClose CommentsPermalink
`(7) DEPOSIT OF UNSPENT SEED MONEY CONTRIBUTIONS- A clean elections candidate shall remit any unspent seed money to the Commission, for deposit in the House Clean Elections Fund, not later than the earliest date on which the Commission makes funds available to the candidate for an election period.CommentsClose CommentsPermalink
`SEC. 505. QUALIFYING CONTRIBUTION REQUIREMENT.
`(a) Major Party Candidates and Certain Independent Candidates- The requirement of this section is met if, during the clean money qualifying period, a major party candidate (or an independent candidate who meets the minimum vote percentage required for a major party candidate under section 501(9)) receives 1,500 qualifying contributions.CommentsClose CommentsPermalink
`(b) Other Candidates- The requirement of this section is met if, during the clean money qualifying period, a candidate who is not described in subsection (a) receives a number of qualifying contributions that is at least 150 percent of the number of qualifying contributions that a candidate described in subsection (a) in the same election is required to receive under subsection (a).CommentsClose CommentsPermalink
`(c) Receipt of Qualifying Contribution- A qualifying contribution shall--CommentsClose CommentsPermalink
`(1) be accompanied by the contributor's name and home address;CommentsClose CommentsPermalink
`(2) be accompanied by a signed statement that the contributor understands the purpose of the qualifying contribution;CommentsClose CommentsPermalink
`(3) be made by a personal check, debit card, credit card, or money order payable to the House Clean Elections Fund or by cash; andCommentsClose CommentsPermalink
`(4) be acknowledged by a receipt that is sent to the contributor with a copy kept by the candidate for the Commission and a copy kept by the candidate for the election authorities in the candidate's State.CommentsClose CommentsPermalink
`(d) Deposit of Qualifying Contributions in House Clean Elections Fund-CommentsClose CommentsPermalink
`(1) IN GENERAL- Not later than the date that is 1 day after the date on which the candidate is certified under section 507, a candidate shall remit all qualifying contributions to the Commission for deposit in the House Clean Elections Fund.CommentsClose CommentsPermalink
`(2) CANDIDATES THAT ARE NOT CERTIFIED- Not later than the last day of the clean money qualifying period, a candidate who has received qualifying contributions and is not certified under section 507 shall remit all qualifying contributions to the Commission for deposit in the House Clean Elections Fund.CommentsClose CommentsPermalink
`(e) Verification of Qualifying Contributions- The Commission shall establish procedures for the auditing and verification of qualifying contributions to ensure that such contributions meet the requirements of this section. Such procedures may provide for verification through the means of a postcard or other method, as determined by the Commission.CommentsClose CommentsPermalink
`SEC. 506. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.
`A candidate for Representative meets the requirements of this section if, during the election cycle of the candidate, the candidate--CommentsClose CommentsPermalink
`(1) except as provided in subsection (b), accepts no contributions other than--CommentsClose CommentsPermalink
`(A) seed money contributions;CommentsClose CommentsPermalink
`(B) qualifying contributions made payable to the House Clean Elections Fund; andCommentsClose CommentsPermalink
`(C) allocations from the House Clean Elections Fund under sections 510 and 511;CommentsClose CommentsPermalink
`(2) makes no expenditures from any amounts other than from--CommentsClose CommentsPermalink
`(A) amounts received from seed money contributions; andCommentsClose CommentsPermalink
`(B) amounts received from the House Clean Elections Fund; andCommentsClose CommentsPermalink
`(3) makes no expenditures from personal funds or the funds of any immediate family member (other than funds received through seed money contributions).CommentsClose CommentsPermalink
For purposes of this subsection, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate.CommentsClose CommentsPermalink
`SEC. 507. CERTIFICATION BY COMMISSION.
`(a) In General- Not later than 5 days after a candidate for Representative files an affidavit under section 503(a)(4), the Commission shall--CommentsClose CommentsPermalink
`(1) determine whether the candidate meets the eligibility requirements of section 503;CommentsClose CommentsPermalink
`(2) certify whether or not the candidate is a participating candidate; andCommentsClose CommentsPermalink
`(3) notify the candidate of the Commission's determination.CommentsClose CommentsPermalink
`(b) Revocation of Certification-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Commission may revoke a certification under subsection (a) if--CommentsClose CommentsPermalink
`(A) a candidate fails to qualify to appear on the ballot at any time after the date of certification; orCommentsClose CommentsPermalink
`(B) a candidate otherwise fails to comply with the requirements of this title.CommentsClose CommentsPermalink
`(2) REPAYMENT OF BENEFITS- If certification is revoked under paragraph (1), the candidate shall repay to the House Clean Elections Fund an amount equal to the value of benefits received under this title plus interest (at a rate determined by the Commission) on any such amount received.CommentsClose CommentsPermalink
`SEC. 508. BENEFITS FOR PARTICIPATING CANDIDATES.
`(a) In General- A participating candidate shall be entitled to--CommentsClose CommentsPermalink
`(1) for each election with respect to which a candidate is certified as a participating candidate--CommentsClose CommentsPermalink
`(A) an allocation from the Fund to make or obligate to make expenditures with respect to such election, as provided in section 510;CommentsClose CommentsPermalink
`(B) fair fight funds, as provided in section 511; andCommentsClose CommentsPermalink
`(2) media benefits under section 315 of the Communications Act of 1934 (
`(b) Restriction on Uses of Allocations From the Fund- Allocations from the Fund received by a participating candidate under sections 510 and 511 may only be used for campaign-related costs.CommentsClose CommentsPermalink
`(c) Remitting Allocations From the Fund- Not later than the date that is 45 days after the date of the election, a participating candidate shall remit to the Commission for deposit in the House Clean Elections Fund any unspent amounts paid to such candidate under this title for such election.CommentsClose CommentsPermalink
`SEC. 509. ALLOCATIONS FROM THE FUND.
`(a) In General- The Commission shall make allocations from the Fund under section 508(a)(1)(A) to a participating candidate--CommentsClose CommentsPermalink
`(1) in the case of amounts provided under subsection (c)(1), not later than 48 hours after the date on which such candidate is certified as a participating candidate under section 507;CommentsClose CommentsPermalink
`(2) in the case of a general election, not later than 48 hours after--CommentsClose CommentsPermalink
`(A) the date the certification of the results of the primary election or the primary runoff election; orCommentsClose CommentsPermalink
`(B) in any case in which there is no primary election, the date the candidate qualifies to be placed on the ballot; andCommentsClose CommentsPermalink
`(3) in the case of a primary runoff election or a general runoff election, not later than 48 hours after the certification of the results of the primary election or the general election, as the case may be.CommentsClose CommentsPermalink
`(b) Method of Payment- The Commission shall distribute funds available to participating candidates under this section through the use of an electronic funds exchange or a debit card.CommentsClose CommentsPermalink
`(c) Money Amounts-CommentsClose CommentsPermalink
`(1) IN GENERAL- Except as provided in paragraph (2), the clean money amount paid to a clean money candidate with respect to an election shall be equal to the applicable percentage of 80 percent of the base amount for the election cycle involved, except that in no event may the amount determined under this subsection for a clean money candidate for an election cycle be less than the amount determined under this subsection for the candidate for the previous election cycle.CommentsClose CommentsPermalink
`(2) REDUCTION FOR UNCONTESTED ELECTIONS- If a clean money candidate has no opposition in an election for which a payment is made under this section, the clean money amount paid shall be 40 percent of the amount otherwise determined under paragraph (1).CommentsClose CommentsPermalink
`(3) DEFINITIONS-CommentsClose CommentsPermalink
`(A) APPLICABLE PERCENTAGE- In this subsection, the `applicable percentage' is as follows:CommentsClose CommentsPermalink
`(i) 25 percent, in the case of a minor party or independent candidate in a primary election.CommentsClose CommentsPermalink
`(ii) 40 percent, in the case of a major party candidate in a primary election.CommentsClose CommentsPermalink
`(iii) 60 percent, in the case of any candidate in a general election.CommentsClose CommentsPermalink
`(B) BASE AMOUNT- In this subsection, the term `base amount' means (with respect to an election cycle) the national average of all amounts expended by winning candidates during the 2 most recent general elections for Representative preceding the election cycle involved.CommentsClose CommentsPermalink
`(4) ADJUSTMENT BY MEDIA MARKET-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Commission, in consultation with the Federal Communications Commission, shall establish an index reflecting the costs of the media markets in each State.CommentsClose CommentsPermalink
`(B) ADJUSTMENT- At the beginning of each year, the Commission shall increase the amount under paragraph (1) (after application of paragraph (3)) based on the index established under subparagraph (A).CommentsClose CommentsPermalink
`SEC. 510. PAYMENT OF FAIR FIGHT FUNDS.
`(a) Determination of Right to Payment-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Commission shall, on a regular basis, make a determination on--CommentsClose CommentsPermalink
`(A) the amount of opposing funds with respect to each participating candidate, andCommentsClose CommentsPermalink
`(B) the applicable amount with respect to each participating candidate.CommentsClose CommentsPermalink
`(2) BASIS OF DETERMINATIONS- The Commission shall make determinations under paragraph (1) based on--CommentsClose CommentsPermalink
`(A) reports filed by the relevant opposing candidate under section 304(a) with respect to amounts described in subsection (c)(1)(A)(i)(I); andCommentsClose CommentsPermalink
`(B) reports filed by political committees under section 304(a) and by other persons under section 304(c) with respect to--CommentsClose CommentsPermalink
`(i) opposing funds described in clauses (ii)(I) and (iii)(I) of subsection (c)(1)(A); andCommentsClose CommentsPermalink
`(ii) applicable amounts described in subparagraphs (B)(i) and (C)(i) of subsection (b)(2).CommentsClose CommentsPermalink
`(3) REQUESTS FOR DETERMINATION RELATING TO CERTAIN ELECTIONEERING COMMUNICATIONS-CommentsClose CommentsPermalink
`(A) IN GENERAL- A participating candidate may request to the Commission to make a determination under paragraph (1) with respect to any relevant opposing candidate with respect to--CommentsClose CommentsPermalink
`(i) opposing funds described in clauses (ii)(II) and (iii)(II) of subsection (c)(1)(A); andCommentsClose CommentsPermalink
`(ii) applicable amounts described in subparagraphs (B)(ii) and (C)(ii) of subsection (b)(2).CommentsClose CommentsPermalink
`(B) TIME FOR MAKING DETERMINATION- In the case of any such request, the Commission shall make such determination and notify the participating candidate of such determination not later than--CommentsClose CommentsPermalink
`(i) 24 hours after receiving such request during the 3-week period ending on the date of the election, andCommentsClose CommentsPermalink
`(ii) 48 hours after receiving such request at any other time.CommentsClose CommentsPermalink
`(b) Payments-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Commission shall make available to the participating candidate fair fight funds in an amount equal to the amount of opposing funds that is in excess of the applicable amount--CommentsClose CommentsPermalink
`(A) immediately after making any determination under subsection (a) with respect to any participating candidate during the 3-week period ending on the date of the election, andCommentsClose CommentsPermalink
`(B) not later than 24 hours after making such determination at any other time.CommentsClose CommentsPermalink
`(2) APPLICABLE AMOUNT- For purposes of this section, the applicable amount is an amount equal to the sum of--CommentsClose CommentsPermalink
`(A) the sum of--CommentsClose CommentsPermalink
`(i) the amount of seed money contribution received by the participating candidate; plusCommentsClose CommentsPermalink
`(ii)(I) in the case of a participating candidate who is a minor party candidate running in a general election or an independent candidate, the allocation from the Fund which would have been provided to such candidate for such election if such candidate were a major party candidate; orCommentsClose CommentsPermalink
`(II) in the case of any other participating candidate, an amount equal to the allocation from the Fund to such candidate for such election under section 510(c); andCommentsClose CommentsPermalink
`(B) the amount of fair fight funds previously provided to the participating candidate under this subsection for the election.CommentsClose CommentsPermalink
`(3) LIMITS ON AMOUNT OF PAYMENT- The aggregate of fair fight funds that a participating candidate receives under this subsection for any election shall not exceed 200 percent of the allocation from the Fund that the participating candidate receives for such election under section 510(c).CommentsClose CommentsPermalink
`(c) Definitions- For purposes of this section--CommentsClose CommentsPermalink
`(1) OPPOSING FUNDS-CommentsClose CommentsPermalink
`(A) IN GENERAL- The term `opposing funds' means, with respect to any participating candidate for any election, the sum of--CommentsClose CommentsPermalink
`(i)(I) the greater of the total contributions received by the relevant opposing candidate or the total expenditures made by such relevant opposing candidate; orCommentsClose CommentsPermalink
`(II) in the case of a relevant opposing candidate who is a participating candidate, an amount equal to the sum of the amount of seed money contributions received by the relevant opposing candidate, the value of any vouchers received by the relevant opposing candidate for the general election under section 315A of the Communications Act of 1934, and the allocation from the Fund under section 510(c) for the relevant opposing candidate for such election;CommentsClose CommentsPermalink
`(ii) the sum of--CommentsClose CommentsPermalink
`(I) the amount of independent expenditures made advocating the election of such relevant opposing candidate; plusCommentsClose CommentsPermalink
`(II) the amount of disbursements for electioneering communications which promote or support such relevant opposing candidate; plusCommentsClose CommentsPermalink
`(iii) the sum of--CommentsClose CommentsPermalink
`(I) the amount of independent expenditures made advocating the defeat of such participating candidate; plusCommentsClose CommentsPermalink
`(II) the amount of disbursements for electioneering communications which attack or oppose such participating candidate.CommentsClose CommentsPermalink
`(2) RELEVANT OPPOSING CANDIDATE- The term `relevant opposing candidate' means, with respect to any participating candidate, the opposing candidate of such participating candidate with respect to whom the amount under paragraph (1) is the greatest.CommentsClose CommentsPermalink
`(3) ELECTIONEERING COMMUNICATION- The term `electioneering communication' has the meaning given such term under section 304(f)(3), except that subparagraph (A)(i)(II)(aa) thereof shall be applied by substituting `30' for `60'.CommentsClose CommentsPermalink
`SEC. 511. ADMINISTRATION OF THE HOUSE CLEAN ELECTIONS SYSTEM.
`(a) Regulations- The Commission shall prescribe regulations to carry out the purposes of this title, including regulations--CommentsClose CommentsPermalink
`(1) to establish procedures for--CommentsClose CommentsPermalink
`(A) verifying the amount of valid qualifying contributions with respect to a candidate;CommentsClose CommentsPermalink
`(B) effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates;CommentsClose CommentsPermalink
`(C) the expedited payment of fair fight funds during the 3-week period ending on the date of the election;CommentsClose CommentsPermalink
`(D) monitoring the use of allocations from the Fund under this title through audits or other mechanisms; andCommentsClose CommentsPermalink
`(E) returning unspent disbursements and disposing of assets purchased with allocations from the Fund;CommentsClose CommentsPermalink
`(2) providing for the administration of the provisions of this title with respect to special elections;CommentsClose CommentsPermalink
`(3) pertaining to the replacement of candidates; andCommentsClose CommentsPermalink
`(4) for attributing expenditures to specific elections for the purposes of calculating opposing funds.CommentsClose CommentsPermalink
`(b) Operation of Commission- The Commission shall maintain normal business hours during the weekend immediately before any general election for the purposes of administering the provisions of this title, including the distribution of fair fight funds under section 511.CommentsClose CommentsPermalink
`(c) Reports- Not later than April 1, 2009, and every 2 years thereafter, the Commission shall submit to the Committee on House Administration of the House of Representatives a report documenting, evaluating, and making recommendations relating to the administrative implementation and enforcement of the provisions of this title.CommentsClose CommentsPermalink
`SEC. 512. VIOLATIONS AND PENALTIES.
`(a) Civil Penalty for Violation of Contribution and Expenditure Requirements- If a candidate who has been certified as a participating candidate under section 507(a) accepts a contribution or makes an expenditure that is prohibited under section 506, the Commission shall assess a civil penalty against the candidate in an amount that is not more than 10 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the House Clean Elections Fund.CommentsClose CommentsPermalink
`(b) Repayment for Improper Use of Clean Elections Fund-CommentsClose CommentsPermalink
`(1) IN GENERAL- If the Commission determines that any benefit made available to a participating candidate under this title was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the House Clean Elections Fund an amount equal to--CommentsClose CommentsPermalink
`(A) the amount of benefits so used or not remitted, as appropriate, andCommentsClose CommentsPermalink
`(B) interest on any such amounts (at a rate determined by the Commission).CommentsClose CommentsPermalink
`(2) OTHER ACTION NOT PRECLUDED- Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title.CommentsClose CommentsPermalink
`SEC. 513. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to the House Clean Elections Fund such sums as are necessary to carry out this title.'.CommentsClose CommentsPermalink
SEC. 103. REPORTING REQUIREMENTS FOR NONPARTICIPATING CANDIDATES.
(a) In General- Section 304 of the Federal Election Campaign Act of 1971 (
`(i) Nonparticipating Candidates-CommentsClose CommentsPermalink
`(1) INITIAL REPORT-CommentsClose CommentsPermalink
`(A) IN GENERAL- Each nonparticipating candidate who is opposed to a participating candidate and who receives contributions or makes expenditures aggregating more than the threshold amount shall, within 48 hours of the date such aggregate contributions or expenditures exceed the threshold amount, file with the Commission a report stating the total amount of contributions received and expenditures made or obligated by such candidate.CommentsClose CommentsPermalink
`(B) THRESHOLD AMOUNT- For purposes of this paragraph, the term `threshold amount' means 75 percent of the allocation from the Fund that a participating candidate would be entitled to receive in such election under section 510 if the participating candidate were a major party candidate.CommentsClose CommentsPermalink
`(2) PERIODIC REPORTS-CommentsClose CommentsPermalink
`(A) IN GENERAL- In addition to any reports required under subsection (a), each nonparticipating candidate who is required to make a report under paragraph (1) shall make the following reports:CommentsClose CommentsPermalink
`(i) A report which shall be filed not later than 5 p.m. on the forty-second day before the date on which the election involving such candidate is held and which shall be complete through the forty-fourth day before such date.CommentsClose CommentsPermalink
`(ii) A report which shall be filed not later than 5 p.m. on the twenty-first day before the date on which the election involving such candidate is held and which shall be complete through the twenty-third day before such date.CommentsClose CommentsPermalink
`(iii) A report which shall be filed not later than 5 p.m. on the twelfth day before the date on which the election involving such candidate is held and which shall be complete through the fourteenth day before such date.CommentsClose CommentsPermalink
`(B) ADDITIONAL REPORTING WITHIN 2 WEEKS OF ELECTION- Each nonparticipating candidate who is required to make a report under paragraph (1) and who receives contributions or makes expenditures aggregating more than $1,000 at any time after the fourteenth day before the date of the election involving such candidate shall make a report to the Commission not later than 24 hours after such contributions are received or such expenditures are made.CommentsClose CommentsPermalink
`(C) CONTENTS OF REPORT- Each report required under this paragraph shall state the total amount of contributions received and expenditures made or obligated to be made during the period covered by the report.CommentsClose CommentsPermalink
`(3) DEFINITIONS- For purposes of this subsection and section 309(a)(13), the terms `nonparticipating candidate', `participating candidate', and `allocation from the Fund' have the respective meanings given to such terms under section 501.'.CommentsClose CommentsPermalink
(b) Increased Penalty for Failure To File- Section 309(a) of the Federal Election Campaign Act of 1971 (
`(13) INCREASED CIVIL PENALTIES WITH RESPECT TO REPORTING BY NONPARTICIPATING CANDIDATES- For purposes of paragraphs (5) and (6), any civil penalty with respect to a violation of section 304(i) shall not exceed the greater of--CommentsClose CommentsPermalink
`(A) the amount otherwise applicable without regard to this paragraph; orCommentsClose CommentsPermalink
`(B) for each day of the violation, 3 times the amount of the fair fight funds under section 511 that otherwise would have been allocated to the participating candidate but for such violation.'.CommentsClose CommentsPermalink
SEC. 104. MODIFICATION OF ELECTIONEERING COMMUNICATION REPORTING REQUIREMENTS.
Paragraph (2) of section 304(f) of the Federal Election Campaign Act of 1971 (
`(E) in the case of a communication referring to any candidate in an election involving a participating candidate (as defined under section 501(9)), a transcript of the electioneering communication.'.CommentsClose CommentsPermalink
SEC. 105. LIMITATION ON COORDINATED EXPENDITURES BY POLITICAL PARTY COMMITTEES WITH PARTICIPATING CANDIDATES.
(a) In General- Section 315(d)(3) of the Federal Election Campaign Act of 1971 (
(1) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; andCommentsClose CommentsPermalink
(2) by inserting before subparagraph (B), as redesignated by paragraph (1), the following new subparagraph:CommentsClose CommentsPermalink
`(A) in the case of a candidate for election to the office of Representative who is a participating candidate (as defined in section 501), the lesser of--CommentsClose CommentsPermalink
`(i) 10 percent of the allocation from the House Clean Elections Fund that the participating candidate is eligible to receive for the general election under section 510(c)(3); orCommentsClose CommentsPermalink
`(ii) the amount which would (but for this subparagraph) apply with respect to such candidate under subparagraph (B);'.CommentsClose CommentsPermalink
(b) Conforming Amendment- Subparagraph (B) of section 315(d)(3) of such Act, as redesignated by subsection (a), is amended by inserting `who is not a participating candidate (as so defined)' after `office of Representative'.CommentsClose CommentsPermalink
SEC. 106. TREATMENT OF COORDINATED EXPENDITURES AS CONTRIBUTIONS.
(a) In General- Section 301(8) of the Federal Election Campaign Act of 1971 (
(1) in subparagraph (A)--CommentsClose CommentsPermalink
(A) by striking `or' at the end of clause (i);CommentsClose CommentsPermalink
(B) by striking the period at the end of clause (ii) and inserting `; or'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(iii) a payment made for a communication or anything of value that is for the purpose of influencing an election for Federal office and that is made in coordination with a candidate (as defined in subparagraph (C)).'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(C) For the purposes of subparagraph (A)(iii), the term `payment made in coordination with a candidate' includes--CommentsClose CommentsPermalink
`(i) a payment made by a person in cooperation, consultation, or concert with, at the request or suggestion of, or pursuant to any general or particular understanding with a candidate, the candidate's authorized committee, or an agent acting on behalf of a candidate or authorized committee;CommentsClose CommentsPermalink
`(ii) a payment made by a person for the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign material prepared by a candidate, a candidate's authorized committee, or an agent of a candidate or authorized committee (not including a communication described in paragraph (9)(B)(i) or a communication that expressly advocates the candidate's defeat);CommentsClose CommentsPermalink
`(iii) a payment made based on information about a candidate's plans, projects, or needs provided to the person making the payment by the candidate or the candidate's agent who provides the information with a view toward having the payment made;CommentsClose CommentsPermalink
`(iv) a payment made by a person if, in the same election cycle in which the payment is made, the person making the payment is serving or has served as a member, employee, fundraiser, or agent of the candidate's authorized committee in an executive or policymaking position;CommentsClose CommentsPermalink
`(v) a payment made by a person if the person making the payment has served in any formal policy or advisory position with the candidate's campaign or has participated in strategic or policymaking discussions with the candidate's campaign relating to the candidate's pursuit of nomination for election, or election, to Federal office, in the same election cycle as the election cycle in which the payment is made; andCommentsClose CommentsPermalink
`(vi) a payment made by a person if the person making the payment retains the professional services of an individual or person who has provided or is providing campaign-related services in the same election cycle to a candidate in connection with the candidate's pursuit of nomination for election, or election, to Federal office, including services relating to the candidate's decision to seek Federal office, and the payment is for services of which the purpose is to influence that candidate's election.CommentsClose CommentsPermalink
`(D) For purposes of subparagraph (C)(vi), the term `professional services' includes services in support of a candidate's pursuit of nomination for election, or election, to Federal office such as polling, media advice, direct mail, fundraising, or campaign research.'.CommentsClose CommentsPermalink
(b) Exception for Clean Money Candidates- Section 315(a)(7) of such Act (
`(B)(i) except as provided in clause (ii), a payment made in coordination with a candidate (as described in section 301(8)(A)(iii)) shall be considered to be a contribution to the candidate, and, for the purposes of any provision of this Act that imposes a limitation on the making of expenditures by a candidate, shall be treated as an expenditure by the candidate for purposes of this paragraph, andCommentsClose CommentsPermalink
`(ii) in the case of a clean money candidate (as defined in section 501), a payment made in coordination with a candidate by a committee of a political party shall not be treated as a contribution to the candidate for purposes of section 503(b)(1) or an expenditure made by the candidate for purposes of section 503(b)(2);'.CommentsClose CommentsPermalink
SEC. 107. AUDITS.
Section 311(b) of the Federal Election Campaign Act of 1971 (
(1) by inserting `(1)' before `The Commission'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(2) AUDITS OF PARTICIPATING CANDIDATES-CommentsClose CommentsPermalink
`(A) IN GENERAL- Notwithstanding paragraph (1), after every primary, general, and runoff election, the Commission shall conduct random audits and investigations of not less than 30 percent of the authorized committees of candidates who are participating candidates (as defined in section 501).CommentsClose CommentsPermalink
`(B) SELECTION OF SUBJECTS- The subjects of audits and investigations under this paragraph shall be selected on the basis of impartial criteria established by a vote of at least 4 members of the Commission.'.CommentsClose CommentsPermalink
SEC. 108. TAX CREDIT FOR VOLUNTARY DONATIONS TO HOUSE CLEAN ELECTIONS FUND.
(a) In General- Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`SEC. 30D. CREDIT FOR CONTRIBUTIONS TO HOUSE CLEAN ELECTIONS FUND.
`(a) Credit Allowed- There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the lesser of--CommentsClose CommentsPermalink
`(1) the amount contributed to the House Clean Elections Fund by the taxpayer during such taxable year, orCommentsClose CommentsPermalink
`(2) $500.CommentsClose CommentsPermalink
`(b) Limitations-CommentsClose CommentsPermalink
`(1) NO CREDIT FOR QUALIFYING CONTRIBUTIONS- No credit shall be allowed under subsection (a) for any contribution which is a qualifying contribution (as defined under section 501(11) of the Federal Election Campaign Act of 1971).CommentsClose CommentsPermalink
`(2) NO CREDIT FOR DESIGNATIONS UNDER SECTION 6097- No credit shall be allowed with respect to any amount designated under section 6097.CommentsClose CommentsPermalink
`(3) APPLICATION WITH OTHER CREDITS- The credit allowed by subsection (a) for any taxable year shall not exceed the excess (if any) of--CommentsClose CommentsPermalink
`(A) the regular tax liability (as defined in section 26(b)) reduced by the sum of the credits allowable under subpart A and sections 27, 30, 30B, and 30C, overCommentsClose CommentsPermalink
`(B) the tentative minimum tax for the taxable year.CommentsClose CommentsPermalink
`(c) House Clean Elections Fund- For purposes of this section, the term `House Clean Elections Fund' means the fund established under section 502 of the Federal Election Campaign Act of 1971.CommentsClose CommentsPermalink
`(d) Denial of Double Benefit- No deduction shall be allowed under this chapter for any amount for which a credit is allowed under subsection (a).'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of section for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 30C the following new item:CommentsClose CommentsPermalink
`Sec. 30D. Credit for contributions to House Clean Elections Fund.'.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2007.CommentsClose CommentsPermalink
Subtitle B--Clean Elections Review Commission
SEC. 111. ESTABLISHMENT OF COMMISSION.
(a) Establishment- There is established a commission to be known as the `Clean Elections Review Commission' (hereafter in this subtitle referred to as the `Commission').CommentsClose CommentsPermalink
(b) Duties-CommentsClose CommentsPermalink
(1) REVIEW OF CLEAN ELECTIONS FINANCING-CommentsClose CommentsPermalink
(A) IN GENERAL- After each general election for Federal office, the Commission shall conduct a comprehensive review of the House clean elections financing program under title V of the Federal Election Campaign Act of 1971, including--CommentsClose CommentsPermalink
(i) the number and value of qualifying contributions a candidate is required to obtain under section 505 of such Act to qualify for allocations from the Fund;CommentsClose CommentsPermalink
(ii) the amount of allocations from the House Clean Elections Fund that candidates may receive under sections 510 and 511 of such Act;CommentsClose CommentsPermalink
(iii) the overall satisfaction of participating candidates with the program; andCommentsClose CommentsPermalink
(iv) such other matters relating to financing of House campaigns as the Commission determines are appropriate.CommentsClose CommentsPermalink
(B) CRITERIA FOR REVIEW- In conducting the review under subparagraph (A), the Commission shall consider the following:CommentsClose CommentsPermalink
(i) REVIEW OF QUALIFYING CONTRIBUTION REQUIREMENTS- The Commission shall consider whether the number and value of qualifying contributions required strikes a balance between the importance of voter choice and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Commission determines is appropriate.CommentsClose CommentsPermalink
(ii) REVIEW OF PROGRAM ALLOCATIONS- The Commission shall consider whether allocations from the House Clean Elections Fund under sections 509 and 510 of the Federal Election Campaign Act of 1974 are sufficient for voters in each State to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Commission determines is appropriate.CommentsClose CommentsPermalink
(2) REPORT, RECOMMENDATIONS, AND PROPOSED LEGISLATIVE LANGUAGE-CommentsClose CommentsPermalink
(A) REPORT- Not later than March 30 following any general election for Federal office, the Commission shall submit a report to Congress on the review conducted under paragraph (1). Such report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission based on such review, and shall contain any proposed legislative language (as required under subparagraph (C)) of the Commission.CommentsClose CommentsPermalink
(B) FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS- A finding, conclusion, or recommendation of the Commission shall be included in the report under subparagraph (A) only if not less than 3 members of the Commission voted for such finding, conclusion, or recommendation.CommentsClose CommentsPermalink
(C) LEGISLATIVE LANGUAGE-CommentsClose CommentsPermalink
(i) IN GENERAL- The report under subparagraph (A) shall include legislative language with respect to any recommendation involving--CommentsClose CommentsPermalink
(I) an increase in the number or value of qualifying contributions; orCommentsClose CommentsPermalink
(II) an increase in the amount of allocations from the House Clean Elections Fund.CommentsClose CommentsPermalink
(ii) FORM- The legislative language shall be in the form of a proposed bill for introduction in Congress and shall not include any recommendation not related to matter described subclause (I) or (II) of clause (i).CommentsClose CommentsPermalink
SEC. 112. STRUCTURE AND MEMBERSHIP OF THE COMMISSION.
(a) Appointment-CommentsClose CommentsPermalink
(1) IN GENERAL- The Commission shall be composed of 5 members, of whom--CommentsClose CommentsPermalink
(A) 1 shall be appointed by the Speaker of the House of Representatives;CommentsClose CommentsPermalink
(B) 1 shall be appointed by the Minority Leader of the House; andCommentsClose CommentsPermalink
(C) 3 shall be appointed jointly by the members appointed under subparagraphs (A) and (B).CommentsClose CommentsPermalink
(2) QUALIFICATIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- The members shall be individuals who are nonpartisan and, by reason of their education, experience, and attainments, exceptionally qualified to perform the duties of members of the Commission.CommentsClose CommentsPermalink
(B) PROHIBITION- No member of the Commission may be--CommentsClose CommentsPermalink
(i) a member of Congress;CommentsClose CommentsPermalink
(ii) an employee of the Federal Government;CommentsClose CommentsPermalink
(iii) a registered lobbyist; orCommentsClose CommentsPermalink
(iv) an officer or employee of a political party or political campaign.CommentsClose CommentsPermalink
(3) DATE- Members of the Commission shall be appointed not later than 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(4) TERMS- A member of the Commission shall be appointed for a term of 5 years.CommentsClose CommentsPermalink
(b) Vacancies- A vacancy on the Commission shall be filled not later than 30 calendar days after the date on which the Commission is given notice of the vacancy, in the same manner as the original appointment. The individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual's predecessor was appointed.CommentsClose CommentsPermalink
(c) Chairperson- The Commission shall designate a Chairperson from among the members of the Commission.CommentsClose CommentsPermalink
SEC. 113. POWERS OF THE COMMISSION.
(a) Meetings and Hearings-CommentsClose CommentsPermalink
(1) MEETINGS- The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this Act.CommentsClose CommentsPermalink
(2) QUORUM- Four members of the Commission shall constitute a quorum for purposes of voting, but a quorum is not required for members to meet and hold hearings.CommentsClose CommentsPermalink
(b) Information From Federal Agencies- The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission.CommentsClose CommentsPermalink
(c) Postal Services- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.CommentsClose CommentsPermalink
(d) Gifts- The Commission may accept, use, and dispose of gifts or donations of services or property.CommentsClose CommentsPermalink
SEC. 114. ADMINISTRATION.
(a) Compensation of Members-CommentsClose CommentsPermalink
(1) IN GENERAL-CommentsClose CommentsPermalink
(A) IN GENERAL- Each member, other than the Chairperson, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay prescribed for level IV of the Executive Schedule under
(B) CHAIRPERSON- The Chairperson shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay prescribed for level III of the Executive Schedule under
(2) TRAVEL EXPENSES- Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Commission.CommentsClose CommentsPermalink
(b) Personnel-CommentsClose CommentsPermalink
(1) DIRECTOR- The Commission shall have a staff headed by an Executive Director. The Executive Director shall be paid at a rate equivalent to a rate established for the Senior Executive Service under
(2) STAFF APPOINTMENT- With the approval of the Chairperson, the Executive Director may appoint such personnel as the Executive Director and the Commission determines to be appropriate.CommentsClose CommentsPermalink
(3) ACTUARIAL EXPERTS AND CONSULTANTS- With the approval of the Chairperson, the Executive Director may procure temporary and intermittent services under
(4) DETAIL OF GOVERNMENT EMPLOYEES- Upon the request of the Chairperson, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee.CommentsClose CommentsPermalink
(5) OTHER RESOURCES- The Commission shall have reasonable access to materials, resources, statistical data, and other information from the Library of Congress and other agencies and elected representatives of the executive and legislative branches of the Federal Government. The Chairperson of the Commission shall make requests for such access in writing when necessary.CommentsClose CommentsPermalink
SEC. 115. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry out the purposes of this subtitle.CommentsClose CommentsPermalink
TITLE II--VOTER INFORMATION
SEC. 201. FREE BROADCAST TIME.
Section 315 of the Communications Act of 1934 (
(1) in subsection (a), in the third sentence, by striking `within the meaning of this subsection' and inserting `within the meaning of this subsection or subsection (c)';CommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(f) Free Broadcast Time-CommentsClose CommentsPermalink
`(1) AMOUNT OF TIME- A clean money candidate shall be entitled to receive--CommentsClose CommentsPermalink
`(A) 30 minutes of free broadcast time during each of the primary election period and the primary runoff election period; andCommentsClose CommentsPermalink
`(B) 75 minutes of free broadcast time during the general election period and general runoff election period.CommentsClose CommentsPermalink
`(2) TIME DURING WHICH THE BROADCAST IS SHOWN- The broadcast time under paragraph (1) shall be--CommentsClose CommentsPermalink
`(A) with respect to a television broadcast, the time between 6:00 p.m. and 10:00 p.m. on any day that falls on Monday through Friday;CommentsClose CommentsPermalink
`(B) with respect to a radio broadcast, the time between 7:00 a.m. and 9:30 a.m. or between 4:30 p.m. and 7:00 p.m. on any day that falls on Monday through Friday; orCommentsClose CommentsPermalink
`(C) with respect to any broadcast, such other time to which the candidate and broadcaster may agree.CommentsClose CommentsPermalink
`(3) MAXIMUM REQUIRED OF ANY STATION- The amount of free broadcast time that any 1 station is required to make available to any 1 clean money candidate during each of the primary election period, primary runoff election period, and general election period shall not exceed 15 minutes.'; andCommentsClose CommentsPermalink
(3) in subsection (c)--CommentsClose CommentsPermalink
(A) by striking `and' at the end of paragraph (1);CommentsClose CommentsPermalink
(B) by striking the period at the end of paragraph (2) and inserting a semicolon, and by redesignating that paragraph as paragraph (4);CommentsClose CommentsPermalink
(C) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
`(2) the term `clean money candidate' has the meaning given in section 501 of the Federal Election Campaign Act of 1971;CommentsClose CommentsPermalink
`(3) the terms `general election period' and `general runoff election period' have the meaning given in section 501 of the Federal Election Campaign Act of 1971;'; andCommentsClose CommentsPermalink
(D) by adding at the end the following:CommentsClose CommentsPermalink
`(5) the term `primary election period' has the meaning given in section 501 of the Federal Election Campaign Act of 1971;CommentsClose CommentsPermalink
`(6) the term `private money candidate' has the meaning given in section 501 of the Federal Election Campaign Act of 1971; andCommentsClose CommentsPermalink
`(7) the term `primary runoff election period' has the meaning given in section 501 of the Federal Election Campaign Act of 1971.'.CommentsClose CommentsPermalink
SEC. 202. BROADCAST RATES AND PREEMPTION.
(a) Broadcast Rates- Section 315(b) of the Communications Act of 1934 (
(1) in paragraph (1)(A), by striking `paragraph (2)' and inserting `paragraphs (2) and (3)'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(3) CLEAN MONEY CANDIDATES- In the case of a clean money candidate, the charges for the use of a television broadcasting station shall not exceed 50 percent of the lowest charge described in paragraph (1)(A) during--CommentsClose CommentsPermalink
`(A) the 30 days preceding the date of a primary or primary runoff election in which the candidate is opposed; andCommentsClose CommentsPermalink
`(B) the 60 days preceding the date of a general or special election in which the candidate is opposed.CommentsClose CommentsPermalink
`(4) OTHER HOUSE CANDIDATES- In the case of a candidate for election for Member of or Delegate or Resident Commissioner to the Congress who is not a clean money candidate, paragraph (1)(A) shall not apply.CommentsClose CommentsPermalink
`(5) RATE CARDS- A licensee shall provide to a candidate for Member of or Delegate or Resident Commissioner to the Congress a rate card that discloses--CommentsClose CommentsPermalink
`(A) the rate charged under this subsection; andCommentsClose CommentsPermalink
`(B) the method that the licensee uses to determine the rate charged under this subsection.'.CommentsClose CommentsPermalink
(b) Preemption- Section 315 of such Act (
`(g) Preemption-CommentsClose CommentsPermalink
`(1) IN GENERAL- Except as provided in paragraph (2), a licensee shall not preempt the use of a broadcasting station by a legally qualified candidate for Member of or Delegate or Resident Commissioner to the Congress who has purchased and paid for such use.CommentsClose CommentsPermalink
`(2) CIRCUMSTANCES BEYOND CONTROL OF LICENSEE- If a program to be broadcast by a broadcasting station is preempted because of circumstances beyond the control of the broadcasting station, any candidate advertising spot scheduled to be broadcast during that program may also be preempted.'.CommentsClose CommentsPermalink
(c) Revocation of License for Failure To Permit Access- Section 312(a)(7) of such Act (
(1) by striking `or repeated';CommentsClose CommentsPermalink
(2) by inserting `or cable system' after `broadcasting station'; andCommentsClose CommentsPermalink
(3) by striking `his candidacy' and inserting `the candidacy of the candidate, under the same terms, conditions, and business practices as apply to the most favored advertiser of the licensee'.CommentsClose CommentsPermalink
SEC. 203. LIMIT ON CONGRESSIONAL USE OF THE FRANKING PRIVILEGE.
(a) In General-
`(A)(i) Except as provided in clause (ii), a Member of Congress or a Congressional Committee or Subcommittee of which such Member is Chairman or Ranking Member shall not mail any mass mailing as franked mail during the period which begins 90 days before date of the primary election and ends on the date of the general election with respect to any Federal office which such Member holds, unless the Member has made a public announcement that the Member will not be a candidate for reelection to any Federal office in that year.CommentsClose CommentsPermalink
`(ii) A Member of Congress or a Congressional Committee or Subcommittee of which such Member is Chairman or Ranking Member may mail a mass mailing as franked mail if--CommentsClose CommentsPermalink
`(I) the purpose of the mailing is to communicate information about a public meeting; andCommentsClose CommentsPermalink
`(II) the content of the mailed matter includes only the name of the Member, Committee, or Subcommittee, as appropriate, and the date, time, and place of the public meeting.'.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1)
(2)
TITLE III--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION
SEC. 301. PETITION FOR CERTIORARI.
Section 307(a)(6) of the Federal Election Campaign Act of 1971 (
SEC. 302. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS.
(a) Mandatory Electronic Filing- Section 304(a)(11) of the Federal Election Campaign Act of 1971 (
(1) in subparagraph (A), by striking `under this Act--' and all that follows and inserting `under this Act shall be required to maintain and file such designation, statement, or report in electronic form accessible by computers.';CommentsClose CommentsPermalink
(2) in subparagraph (B), by striking `48 hours' and all that follows through `filed electronically)' and inserting `24 hours'; andCommentsClose CommentsPermalink
(3) by striking subparagraph (D).CommentsClose CommentsPermalink
(b) Requiring Reports for All Contributions Made to Any Political Committee Within 90 Days of Election; Requiring Reports To Be Made Within 24 Hours- Section 304(a)(6)(A) of such Act (
`(6)(A) Each political committee shall notify the Commission and the Secretary of State, as appropriate, in writing, of any contribution received by the committee during the period which begins on the 90th day before an election and ends at the time the polls close for such election. This notification shall be made within 24 hours (or, if earlier, by midnight of the day on which the contribution is deposited) after the receipt of such contribution and shall include the name of the candidate involved (as appropriate) and the office sought by the candidate, the identification of the contributor, and the date of receipt and amount of the contribution.'.CommentsClose CommentsPermalink
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.CommentsClose CommentsPermalink
SEC. 402. REVIEW OF CONSTITUTIONAL ISSUES.
An appeal may be taken directly to the Supreme Court of the United States from any final judgment, decree, or order issued by any court ruling on the constitutionality of any provision of this Act or amendment made by this Act.CommentsClose CommentsPermalink
SEC. 403. EFFECTIVE DATE.
Except as otherwise provided for in this Act, this Act and the amendments made by this Act shall take effect on January 1, 2008.CommentsClose CommentsPermalink
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