Most commented sections:

• Paragraph 57 (4 comments)
• Paragraph 225 (3 comments)
• Paragraph 65 (2 comments)

HR 1826 IHCommentsClose CommentsPermalink

To reform the financing of House elections, and for other purposes.CommentsClose CommentsPermalink

March 31, 2009CommentsClose CommentsPermalink

Mr. LARSON of Connecticut (for himself, Mr. NADLER of New York, Ms. PINGREE of Maine, Mr. JONES, Mr. PLATTS, Mr. COOPER, Mr. HOLT, Mr. COHEN, Mr. HEINRICH, Mr. POLIS of Colorado, Ms. EDWARDS of Maryland, Mr. CAPUANO, and Mr. DOYLE) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committees on Energy and Commerce and Ways and Means, 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 ‘Fair Elections Now Act’.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--FAIR ELECTIONS FINANCING OF HOUSE ELECTION CAMPAIGNS

Sec. 101. Findings and declarations.CommentsClose CommentsPermalink





Sec. 102. Eligibility requirements and benefits of fair elections financing of House election campaigns.CommentsClose CommentsPermalink

‘TITLE V--FAIR ELECTIONS FINANCING OF HOUSE ELECTION CAMPAIGNS

‘Subtitle A--General Provisions

‘Sec. 501. Definitions.CommentsClose CommentsPermalink

‘Sec. 502. Fair Elections Fund.CommentsClose CommentsPermalink

‘Subtitle B--Eligibility and Certification

‘Sec. 511. Eligibility.CommentsClose CommentsPermalink

‘Sec. 512. Qualifying contribution requirement.CommentsClose CommentsPermalink

‘Sec. 513. Contribution and expenditure requirements.CommentsClose CommentsPermalink

‘Sec. 514. Debate requirement.CommentsClose CommentsPermalink

‘Sec. 515. Certification.CommentsClose CommentsPermalink

‘Subtitle C--Benefits

‘Sec. 521. Benefits for participating candidates.CommentsClose CommentsPermalink

‘Sec. 522. Allocations from the Fund.CommentsClose CommentsPermalink

‘Sec. 523. Matching payments for qualified small dollar contributions.CommentsClose CommentsPermalink

‘Sec. 524. Political advertising vouchers.CommentsClose CommentsPermalink

‘Subtitle D--Administrative Provisions

‘Sec. 531. Fair Elections Oversight Board.CommentsClose CommentsPermalink

‘Sec. 532. Administration provisions.CommentsClose CommentsPermalink

‘Sec. 533. Violations and penalties.CommentsClose CommentsPermalink

Sec. 103. Prohibition on joint fundraising committees.CommentsClose CommentsPermalink





Sec. 104. Limitation on coordinated expenditures by political party committees with participating candidates.CommentsClose CommentsPermalink





Sec. 105. Deposit of proceeds from recovered spectrum auctions.CommentsClose CommentsPermalink





Sec. 106. Designation of overpayments as contributions to Fair Elections Fund.CommentsClose CommentsPermalink

TITLE II--IMPROVING VOTER INFORMATION

Sec. 201. Broadcasts relating to all House candidates.CommentsClose CommentsPermalink





Sec. 202. Broadcast rates for participating candidates.CommentsClose CommentsPermalink





Sec. 203. FCC to prescribe standardized form for reporting candidate campaign ads.CommentsClose CommentsPermalink

TITLE III--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION

Sec. 301. Petition for certiorari.CommentsClose CommentsPermalink





Sec. 302. Filing by all candidates with Commission.CommentsClose CommentsPermalink





Sec. 303. Electronic filing of FEC reports.CommentsClose CommentsPermalink

TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Severability.CommentsClose CommentsPermalink





Sec. 402. Effective date.CommentsClose CommentsPermalink

TITLE I--FAIR ELECTIONS FINANCING OF HOUSE ELECTION CAMPAIGNSCommentsClose CommentsPermalink

SEC. 101. FINDINGS AND DECLARATIONS.

(a) Undermining of Democracy by Campaign Contributions From Private Sources- The House of Representatives finds and declares that the current system of privately financed campaigns for election to the House of Representatives has the capacity, and is often perceived by the public, to undermine democracy in the United States by--CommentsClose CommentsPermalink





(1) creating a culture that fosters actual or perceived conflicts of interest, by encouraging Members of the House to accept large campaign contributions from private interests that are directly affected by Federal legislation;CommentsClose CommentsPermalink





(2) diminishing or appearing to diminish Members’ accountability to constituents by compelling legislators to be accountable to the major contributors who finance their election campaigns;CommentsClose CommentsPermalink





(3) undermining 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 distortions caused by unequal access to lawmakers for campaign contributors;CommentsClose CommentsPermalink





(5) making it difficult for some qualified candidates to mount competitive House election campaigns;CommentsClose CommentsPermalink





(6) disadvantaging challengers and discouraging competitive elections, because large campaign contributors tend to donate their money to incumbent Members, 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 Fair Elections Fund- The House of Representatives finds and declares that providing the option of the replacement of large private campaign contributions with allocations from the Fair Elections Fund for all primary, runoff, and general elections to the House of Representatives would enhance American democracy by--CommentsClose CommentsPermalink





(1) reducing the actual or perceived conflicts of interest created by fully private financing of the election campaigns of public officials and restoring public confidence in the integrity and fairness of the electoral and legislative processes through a program which allows participating candidates to adhere to substantially lower contribution limits for contributors with an assurance that there will be sufficient funds for such candidates to run viable electoral campaigns;CommentsClose CommentsPermalink





(2) increasing the public’s confidence in the accountability of Members to the constituents who elect them, which derives from the program’s qualifying criteria to participate in the voluntary program and the conclusions that constituents may draw regarding candidates who qualify and participate in the program;CommentsClose CommentsPermalink





(3) helping to reduce the ability to make large campaign contributions as a determinant of a citizen’s influence within the political process by facilitating the expression of support by voters at every level of wealth, encouraging political participation, incentivizing participation on the part of Members through the matching of small dollar contributions;CommentsClose CommentsPermalink





(4) potentially saving taxpayers billions of dollars that may be (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 genuine opportunities for all Americans to run for the House of Representatives and encouraging more competitive elections;CommentsClose CommentsPermalink





(6) encouraging participation in the electoral process by citizens of every level of wealth; andCommentsClose CommentsPermalink





(7) freeing Members 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 FAIR ELECTIONS FINANCING OF HOUSE ELECTION CAMPAIGNS.

The Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘TITLE V--FAIR ELECTIONS FINANCING OF HOUSE ELECTION CAMPAIGNSCommentsClose CommentsPermalink

‘Subtitle A--General ProvisionsCommentsClose CommentsPermalink

‘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 Fair Elections Fund to a participating candidate pursuant to section 522.CommentsClose CommentsPermalink





‘(2) BOARD- The term ‘Board’ means the Fair Elections Oversight Board established under section 531.CommentsClose CommentsPermalink





‘(3) FAIR ELECTIONS QUALIFYING PERIOD- The term ‘Fair Elections qualifying period’ means, with respect to any candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, the period--CommentsClose CommentsPermalink





‘(A) beginning on the date on which the candidate files a statement of intent under section 511(a)(1); andCommentsClose CommentsPermalink





‘(B) ending on the date that is 60 days before--CommentsClose CommentsPermalink





‘(i) the date of the primary election; orCommentsClose CommentsPermalink





‘(ii) 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) FAIR ELECTIONS START DATE- The term ‘Fair 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





‘(5) FUND- The term ‘Fund’ means the Fair Elections Fund established by section 502.CommentsClose CommentsPermalink





‘(6) 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





‘(7) MATCHING CONTRIBUTION- The term ‘matching contribution’ means a matching payment provided to a participating candidate for qualified small dollar contributions, as provided under section 523.CommentsClose CommentsPermalink





‘(8) NONPARTICIPATING CANDIDATE- The term ‘nonparticipating candidate’ means a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is not a participating candidate.CommentsClose CommentsPermalink





‘(9) PARTICIPATING CANDIDATE- The term ‘participating candidate’ means a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is certified under section 515 as being eligible to receive an allocation from the Fund.CommentsClose CommentsPermalink





‘(10) QUALIFYING CONTRIBUTION- The term ‘qualifying contribution’ means, with respect to a candidate, a contribution that--CommentsClose CommentsPermalink





‘(A) is in an amount that is--CommentsClose CommentsPermalink





‘(i) not less than the greater of $5 or the amount determined by the Commission under section 531; andCommentsClose CommentsPermalink





‘(ii) not more than the greater of $100 or the amount determined by the Commission under section 531.CommentsClose CommentsPermalink





‘(B) is made by an individual--CommentsClose CommentsPermalink





‘(i) who is a resident of the State in which such Candidate is seeking election; andCommentsClose CommentsPermalink





‘(ii) who is not otherwise prohibited from making a contribution under this Act;CommentsClose CommentsPermalink





‘(C) is made during the Fair Elections qualifying period; andCommentsClose CommentsPermalink





‘(D) meets the requirements of section 512(b).CommentsClose CommentsPermalink





‘(11) QUALIFIED SMALL DOLLAR CONTRIBUTION- The term ‘qualified small dollar contribution’ means, with respect to a candidate, any contribution (or a series of contributions)--CommentsClose CommentsPermalink





‘(A) which is not a qualifying contribution (or does not include a qualifying contribution);CommentsClose CommentsPermalink





‘(B) which is made by an individual who is not prohibited from making a contribution under this Act; andCommentsClose CommentsPermalink





‘(C) the aggregate amount of which does not exceed the greater of--CommentsClose CommentsPermalink





‘(i) $100 per election; orCommentsClose CommentsPermalink





‘(ii) the amount determined by the Commission under section 531.CommentsClose CommentsPermalink

‘SEC. 502. FAIR ELECTIONS FUND.

‘(a) Establishment- There is established in the Treasury a fund to be known as the ‘Fair Elections Fund’.CommentsClose CommentsPermalink





‘(b) Amounts Held by Fund- The Fund shall consist of the following amounts:CommentsClose CommentsPermalink





‘(1) APPROPRIATED AMOUNTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Amounts appropriated to the Fund, including trust fund amounts appropriated pursuant to applicable provisions of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink





‘(B) PROCEEDS FROM RECOVERED SPECTRUM AUCTIONS- Amounts deposited pursuant to section 309(j)(8)(E)(ii)(II) of the Communications Act of 1934.CommentsClose CommentsPermalink





‘(C) DESIGNATIONS OF OVERPAYMENTS AS CONTRIBUTIONS- Amounts appropriated to the Fund equivalent to the amounts of the overpayments of tax to which designations under section 6097 of the Internal Revenue Code of 1986 apply.CommentsClose CommentsPermalink





‘(2) VOLUNTARY CONTRIBUTIONS- Voluntary contributions to the Fund.CommentsClose CommentsPermalink





‘(3) OTHER DEPOSITS- Amounts deposited into the Fund under--CommentsClose CommentsPermalink





‘(A) section 513(c) (relating to exceptions to contribution requirements);CommentsClose CommentsPermalink





‘(B) section 521(c) (relating to remittance of allocations from the Fund);CommentsClose CommentsPermalink





‘(C) section 533 (relating to violations); andCommentsClose CommentsPermalink





‘(D) any other section of this Act.CommentsClose CommentsPermalink





‘(4) INVESTMENT RETURNS- Interest on, and the proceeds from, the sale or redemption of, any obligations held by the Fund under subsection (c).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 Fund shall be used to provide benefits to participating candidates as provided in subtitle C.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

‘Subtitle B--Eligibility and CertificationCommentsClose CommentsPermalink

‘SEC. 511. ELIGIBILITY.

‘(a) In General- A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress 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 Fair Elections start date and ending on the last day of the Fair Elections qualifying period.CommentsClose CommentsPermalink





‘(2) The candidate meets the qualifying contribution requirements of section 512.CommentsClose CommentsPermalink





‘(3) Not later than the last day of the Fair 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 513;CommentsClose CommentsPermalink





‘(B) if certified, will comply with the debate requirements of section 514;CommentsClose CommentsPermalink





‘(C) 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





‘(D) 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 runoff election unless the candidate’s party nominated the candidate to be placed on the ballot for the general election or the candidate otherwise qualified to be on the ballot under State law.CommentsClose CommentsPermalink

‘SEC. 512. QUALIFYING CONTRIBUTION REQUIREMENT.

‘(a) In General- A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress meets the requirement of this section if, during the Fair Elections qualifying period, the candidate obtains--CommentsClose CommentsPermalink





‘(1) a number of qualifying contributions equal to or greater than 1,500; andCommentsClose CommentsPermalink





‘(2) a total dollar amount of qualifying contributions equal to or greater than $50,000.CommentsClose CommentsPermalink





‘(b) Requirements Relating to Receipt of Qualifying Contribution- Each qualifying contribution--CommentsClose CommentsPermalink





‘(1) may be made by means of a personal check, money order, debit card, credit card, or electronic payment account;CommentsClose CommentsPermalink





‘(2) shall be accompanied by a signed statement containing--CommentsClose CommentsPermalink





‘(A) the contributor’s name and the contributor’s address in the State in which the contributor is registered to vote;CommentsClose CommentsPermalink





‘(B) an oath declaring that the contributor--CommentsClose CommentsPermalink





‘(i) understands that the purpose of the qualifying contribution is to show support for the candidate so that the candidate may qualify for Fair Elections financing;CommentsClose CommentsPermalink





‘(ii) is making the contribution in his or her own name and from his or her own funds;CommentsClose CommentsPermalink





‘(iii) has made the contribution willingly; andCommentsClose CommentsPermalink





‘(iv) has not received anything of value in return for the contribution; andCommentsClose CommentsPermalink





‘(3) shall 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 State with respect to which the candidate is seeking election; andCommentsClose CommentsPermalink





‘(c) 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.CommentsClose CommentsPermalink

‘SEC. 513. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.

‘(a) General Rule- A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress 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) qualifying contributions;CommentsClose CommentsPermalink





‘(B) qualified small dollar contributions;CommentsClose CommentsPermalink





‘(C) allocations from the Fund under section 522;CommentsClose CommentsPermalink





‘(D) matching contributions under section 523; andCommentsClose CommentsPermalink





‘(E) vouchers provided to the candidate under section 524;CommentsClose CommentsPermalink





‘(2) makes no expenditures from any amounts other than from--CommentsClose CommentsPermalink





‘(A) qualifying contributions;CommentsClose CommentsPermalink





‘(B) qualified small dollar contributions;CommentsClose CommentsPermalink





‘(C) allocations from the Fund under section 522;CommentsClose CommentsPermalink





‘(D) matching contributions under section 523; andCommentsClose CommentsPermalink





‘(E) vouchers provided to the candidate under section 524; andCommentsClose CommentsPermalink





‘(3) makes no expenditures from personal funds or the funds of any immediate family member (other than funds received through qualified small dollar contributions and qualifying 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





‘(b) Contributions for Leadership PACs, etc- A political committee of a participating candidate which is not an authorized committee of such candidate may accept contributions other than contributions described in subsection (a)(1) from any person if--CommentsClose CommentsPermalink





‘(1) the aggregate contributions from such person for any calendar year do not exceed $100; andCommentsClose CommentsPermalink





‘(2) no portion of such contributions is disbursed in connection with the campaign of the participating candidate.CommentsClose CommentsPermalink





‘(c) Exception- Notwithstanding subsection (a), a candidate shall not be treated as having failed to meet the requirements of this section if any contributions that are not qualified small dollar contributions, qualifying contributions, or contributions that meet the requirements of subsection (b) and that are accepted before the date the candidate files a statement of intent under section 511(a)(1) are--CommentsClose CommentsPermalink





‘(1) returned to the contributor; orCommentsClose CommentsPermalink





‘(2) submitted to the Commission for deposit in the Fund.CommentsClose CommentsPermalink

‘SEC. 514. DEBATE REQUIREMENT.

‘A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress meets the requirements of this section if the candidate participates in at least--CommentsClose CommentsPermalink





‘(1) 1 public debate before the primary election with other participating candidates and other willing candidates from the same party and seeking the same nomination as such candidate; andCommentsClose CommentsPermalink





‘(2) 2 public debates before the general election with other participating candidates and other willing candidates seeking the same office as such candidate.CommentsClose CommentsPermalink

‘SEC. 515. CERTIFICATION.

‘(a) In General- Not later than 5 days after a candidate files an affidavit under section 511(a)(3), the Commission shall--CommentsClose CommentsPermalink





‘(1) certify whether or not the candidate is a participating candidate; andCommentsClose CommentsPermalink





‘(2) 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, including any regulatory requirements prescribed by the Commission.CommentsClose CommentsPermalink





‘(2) REPAYMENT OF BENEFITS- If certification is revoked under paragraph (1), the candidate shall repay to the 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

‘Subtitle C--BenefitsCommentsClose CommentsPermalink

‘SEC. 521. BENEFITS FOR PARTICIPATING CANDIDATES.

‘(a) In General- For each election with respect to which a candidate is certified as a participating candidate, such candidate shall be entitled to--CommentsClose CommentsPermalink





‘(1) an allocation from the Fund to make or obligate to make expenditures with respect to such election, as provided in section 522;CommentsClose CommentsPermalink





‘(2) matching contributions, as provided in section 523; andCommentsClose CommentsPermalink





‘(3) for the general election, vouchers for broadcasts of political advertisements, as provided in section 524.CommentsClose CommentsPermalink





‘(b) Restriction on Uses of Allocations From the Fund- Allocations from the Fund received by a participating candidate under sections 522 and matching contributions under section 523 may only be used for campaign-related costs.CommentsClose CommentsPermalink





‘(c) Remitting Allocations From the Fund-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than the date that is 45 days after an election in which the participating candidate appeared on the ballot, such participating candidate shall remit to the Commission for deposit in the Fund an amount equal to the lesser of--CommentsClose CommentsPermalink





‘(A) the amount of money in the candidate’s campaign account; orCommentsClose CommentsPermalink





‘(B) the sum of the allocations from the Fund received by the candidate under section 522 and the matching contributions received by the candidate under section 523.CommentsClose CommentsPermalink





‘(2) EXCEPTION- In the case of a candidate who qualifies to be on the ballot for a primary runoff election, a general election, or a general runoff election, the amounts described in paragraph (1) may be retained by the candidate and used in such subsequent election, and paragraph (1) shall apply to the last applicable election in the election cycle.CommentsClose CommentsPermalink

‘SEC. 522. ALLOCATIONS FROM THE FUND.

‘(a) In General- The Commission shall make allocations from the Fund under section 521(a)(1) 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 515;CommentsClose CommentsPermalink





‘(2) in the case of a general election, not later than 48 hours after--CommentsClose CommentsPermalink





‘(A) the date of 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) Amounts-CommentsClose CommentsPermalink





‘(1) PRIMARY ELECTION ALLOCATION; INITIAL ALLOCATION- Except as provided in paragraph (5), the Commission shall make an allocation from the Fund for a primary election to a participating candidate in an amount equal to 40 percent of the base amount with respect to such participating candidate.CommentsClose CommentsPermalink





‘(2) PRIMARY RUNOFF ELECTION ALLOCATION- The Commission shall make an allocation from the Fund for a primary runoff election to a participating candidate in an amount equal to 25 percent of the amount the participating candidate was eligible to receive under this section for the primary election.CommentsClose CommentsPermalink





‘(3) GENERAL ELECTION ALLOCATION- Except as provided in paragraph (5), the Commission shall make an allocation from the Fund for a general election to a participating candidate in an amount equal to 60 percent of the base amount with respect to such participating candidate.CommentsClose CommentsPermalink





‘(4) GENERAL RUNOFF ELECTION ALLOCATION- The Commission shall make an allocation from the Fund for a general runoff election to a participating candidate in an amount equal to 25 percent of the base amount with respect to such candidate.CommentsClose CommentsPermalink





‘(5) UNCONTESTED ELECTIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In the case of a primary or general election that is an uncontested election, the Commission shall make an allocation from the Fund to a participating candidate for such election in an amount equal to 25 percent of the allocation for that election with respect to such candidate.CommentsClose CommentsPermalink





‘(B) UNCONTESTED ELECTION DEFINED- For purposes of this subparagraph, an election is uncontested if not more than 1 candidate has campaign funds (including payments from the Fund) in an amount equal to or greater than 10 percent of the allocation a candidate would be entitled to receive under this section for that election (determined without regard to this paragraph).CommentsClose CommentsPermalink





‘(d) Base Amount- The base amount for any candidate is an amount equal to 80 percent of the national average spending of the cycle by winning candidates in the last two election cycles.CommentsClose CommentsPermalink

‘SEC. 523. MATCHING PAYMENTS FOR QUALIFIED SMALL DOLLAR CONTRIBUTIONS.

‘(a) In General- The Commission shall pay to each participating candidate an amount equal to 400 percent of the amount of qualified small dollar contributions received by the candidate from individuals who are residents of the State in which such participating candidate is seeking election.CommentsClose CommentsPermalink





‘(b) Limitation- The maximum payment under this section shall be the greater of--CommentsClose CommentsPermalink





‘(1) 200 percent of the allocation under paragraphs (1) through (4) of subsection (c) for that election with respect to such candidate; orCommentsClose CommentsPermalink





‘(2) the percentage of the allocation determined by the Commission under section 531.CommentsClose CommentsPermalink





‘(c) Time of Payment- The Commission shall make payments under this section not later than 2 business days after the receipt of a report made under subsection (d).CommentsClose CommentsPermalink





‘(d) Reports-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each participating candidate shall file reports of receipts of qualified small dollar contributions at such times and in such manner as the Commission may by regulations prescribe.CommentsClose CommentsPermalink





‘(2) CONTENTS OF REPORTS- Each report under this subsection shall disclose--CommentsClose CommentsPermalink





‘(A) the amount of each qualified small dollar contribution received by the candidate;CommentsClose CommentsPermalink





‘(B) the amount of each qualified small dollar contribution received by the candidate from a resident of the State in which the candidate is seeking election; andCommentsClose CommentsPermalink





‘(C) the name, address, and occupation of each individual who made a qualified small dollar contribution to the candidate.CommentsClose CommentsPermalink





‘(3) FREQUENCY OF REPORTS- Reports under this subsection shall be made no more frequently than--CommentsClose CommentsPermalink





‘(A) once every month until the date that is 90 days before the date of the election;CommentsClose CommentsPermalink





‘(B) once every week after the period described in subparagraph (A) and until the date that is 21 days before the election; andCommentsClose CommentsPermalink





‘(C) once every day after the period described in subparagraph (B).CommentsClose CommentsPermalink





‘(4) LIMITATION ON REGULATIONS- The Commission may not prescribe any regulations with respect to reporting under this subsection with respect to any election after the date that is 180 days before the date of such election.CommentsClose CommentsPermalink





‘(e) Appeals- The Commission shall provide a written explanation with respect to any denial of any payment under this section and shall provide for the opportunity for review and reconsideration within 5 business days of such denial.CommentsClose CommentsPermalink

‘SEC. 524. POLITICAL ADVERTISING VOUCHERS.

‘(a) In General- The Commission shall establish and administer a voucher program for the purchase of airtime on broadcasting stations for political advertisements in accordance with the provisions of this section.CommentsClose CommentsPermalink





‘(b) Candidates- The Commission shall only disburse vouchers under the program established under subsection (a) to participants certified pursuant to section 515 who have agreed in writing to keep and furnish to the Commission such records, books, and other information as it may require.CommentsClose CommentsPermalink





‘(c) Amounts- The Commission shall disburse vouchers to each candidate certified under subsection (b) in the amount of $100,000 or the amount determined by the Commission under section 531.CommentsClose CommentsPermalink





‘(d) Use-CommentsClose CommentsPermalink





‘(1) EXCLUSIVE USE- Vouchers disbursed by the Commission under this section may be used only for the purchase of broadcast airtime for political advertisements relating to a general election for the office of Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) by the participating candidate to which the vouchers were disbursed, except that--CommentsClose CommentsPermalink





‘(A) a candidate may exchange vouchers with a political party under paragraph (2); andCommentsClose CommentsPermalink





‘(B) a political party may use vouchers only to purchase broadcast airtime for political advertisements for generic party advertising (as defined by the Commission in regulations), to support candidates for State or local office in a general election, or to support participating candidates of the party in a general election for Federal office, but only if it discloses the value of the voucher used as an expenditure under section 315(d).CommentsClose CommentsPermalink





‘(2) EXCHANGE WITH POLITICAL PARTY COMMITTEE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A participating candidate who receives a voucher under this section may transfer the right to use all or a portion of the value of the voucher to a committee of the political party of which the individual is a candidate in exchange for money in an amount equal to the cash value of the voucher or portion exchanged.CommentsClose CommentsPermalink





‘(B) CONTINUATION OF CANDIDATE OBLIGATIONS- The transfer of a voucher, in whole or in part, to a political party committee under this paragraph does not release the candidate from any obligation under the agreement made under subsection (b) or otherwise modify that agreement or its application to that candidate.CommentsClose CommentsPermalink





‘(C) PARTY COMMITTEE OBLIGATIONS- Any political party committee to which a voucher or portion thereof is transferred under subparagraph (A)--CommentsClose CommentsPermalink





‘(i) shall account fully, in accordance with such requirements as the Commission may establish, for the receipt of the voucher; andCommentsClose CommentsPermalink





‘(ii) may not use the transferred voucher or portion thereof for any purpose other than a purpose described in paragraph (1)(B).CommentsClose CommentsPermalink





‘(D) VOUCHER AS A CONTRIBUTION- If a candidate transfers a voucher or any portion thereof to a political party committee under subparagraph (A)--CommentsClose CommentsPermalink





‘(i) the value of the voucher or portion thereof transferred shall be treated as a contribution from the candidate to the committee, and from the committee to the candidate, for purposes of sections 302 and 304;CommentsClose CommentsPermalink





‘(ii) the committee may, in exchange, provide to the candidate only funds subject to the prohibitions, limitations, and reporting requirements of title III of this Act; andCommentsClose CommentsPermalink





‘(iii) the amount, if identified as a ‘voucher exchange’ shall not be considered a contribution for the purposes of sections 315 and 513.CommentsClose CommentsPermalink





‘(e) Value; Acceptance; Redemption-CommentsClose CommentsPermalink





‘(1) VOUCHER- Each voucher disbursed by the Commission under this section shall have a value in dollars, redeemable upon presentation to the Commission, together with such documentation and other information as the Commission may require, for the purchase of broadcast airtime for political advertisements in accordance with this section.CommentsClose CommentsPermalink





‘(2) ACCEPTANCE- A broadcasting station shall accept vouchers in payment for the purchase of broadcast airtime for political advertisements in accordance with this section.CommentsClose CommentsPermalink





‘(3) REDEMPTION- The Commission shall redeem vouchers accepted by broadcasting stations under paragraph (2) upon presentation, subject to such documentation, verification, accounting, and application requirements as the Commission may impose to ensure the accuracy and integrity of the voucher redemption system.CommentsClose CommentsPermalink





‘(4) EXPIRATION-CommentsClose CommentsPermalink





‘(A) CANDIDATES- A voucher may only be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on the day before the date of the Federal election in connection with which it was issued and shall be null and void for any other use or purpose.CommentsClose CommentsPermalink





‘(B) EXCEPTION FOR POLITICAL PARTY COMMITTEES- A voucher held by a political party committee may be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on December 31st of the odd-numbered year following the year in which the voucher was issued by the Commission.CommentsClose CommentsPermalink





‘(5) VOUCHER AS EXPENDITURE- The use of a voucher to purchase broadcast airtime constitutes an expenditure as defined in section 301(9)(A).CommentsClose CommentsPermalink





‘(f) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) BROADCASTING STATION- The term ‘broadcasting station’ has the meaning given that term by section 315(f)(1) of the Communications Act of 1934.CommentsClose CommentsPermalink





‘(2) POLITICAL PARTY- The term ‘political party’ means a major party or a minor party as defined in section 9002 (3) or (4) of the Internal Revenue Code of 1986 (26 U.S.C. 9002 (3) or (4)).CommentsClose CommentsPermalink

‘Subtitle D--Administrative ProvisionsCommentsClose CommentsPermalink

‘SEC. 531. FAIR ELECTIONS OVERSIGHT BOARD.

‘(a) Establishment- There is established within the Federal Election Commission an entity to be known as the ‘Fair Elections Oversight Board’.CommentsClose CommentsPermalink





‘(b) Structure and Membership-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Board shall be composed of 5 members appointed by the President, of whom--CommentsClose CommentsPermalink





‘(A) 2 shall be appointed after consultation with the majority leader of the House of Representatives;CommentsClose CommentsPermalink





‘(B) 2 shall be appointed after consultation with the minority leader of the House of Representatives; andCommentsClose CommentsPermalink





‘(C) 1 shall be appointed upon the recommendation of 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 Board.CommentsClose CommentsPermalink





‘(B) PROHIBITION- No member of the Board may be--CommentsClose CommentsPermalink





‘(i) an employee of the Federal Government;CommentsClose CommentsPermalink





‘(ii) a registered lobbyist; orCommentsClose CommentsPermalink





‘(iii) an officer or employee of a political party or political campaign.CommentsClose CommentsPermalink





‘(3) DATE- Members of the Board 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 Board shall be appointed for a term of 5 years.CommentsClose CommentsPermalink





‘(5) VACANCIES- A vacancy on the Board shall be filled not later than 30 calendar days after the date on which the Board 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





‘(6) CHAIRPERSON- The Board shall designate a Chairperson from among the members of the Board.CommentsClose CommentsPermalink





‘(c) Duties and Powers-CommentsClose CommentsPermalink





‘(1) ADMINISTRATION- The Board shall have such duties and powers as the Commission may prescribe, including the power to administer the provisions of this title.CommentsClose CommentsPermalink





‘(2) REVIEW OF FAIR ELECTIONS FINANCING-CommentsClose CommentsPermalink





‘(A) IN GENERAL- After each general election for Federal office, the Board shall conduct a comprehensive review of the Fair Elections financing program under this title, including--CommentsClose CommentsPermalink





‘(i) the maximum dollar amount of qualified small dollar contributions under section 501(11);CommentsClose CommentsPermalink





‘(ii) the maximum and minimum dollar amounts for qualifying contributions under section 501(10);CommentsClose CommentsPermalink





‘(iii) the number and value of qualifying contributions a candidate is required to obtain under section 512 to qualify for allocations from the Fund;CommentsClose CommentsPermalink





‘(iv) the amount of allocations from the Fund that candidates may receive under section 522;CommentsClose CommentsPermalink





‘(v) the maximum amount of matching contributions a candidate may receive under section 523;CommentsClose CommentsPermalink





‘(vi) the amount and usage of vouchers under section 524;CommentsClose CommentsPermalink





‘(vii) the overall satisfaction of participating candidates and the American public with the program; andCommentsClose CommentsPermalink





‘(viii) such other matters relating to financing of House of Representatives campaigns as the Board determines are appropriate.CommentsClose CommentsPermalink





‘(B) CRITERIA FOR REVIEW- In conducting the review under subparagraph (A), the Board shall consider the following:CommentsClose CommentsPermalink





‘(i) QUALIFYING CONTRIBUTIONS AND QUALIFIED SMALL DOLLAR CONTRIBUTIONS- The Board shall consider whether the number and dollar amount of qualifying contributions required and maximum dollar amount for such qualifying contributions and qualified small dollar contributions strikes a balance regarding the importance of voter involvement, the need to assure adequate incentives for participating, 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 Board determines is appropriate.CommentsClose CommentsPermalink





‘(ii) REVIEW OF PROGRAM BENEFITS- The Board shall consider whether the totality of the amount of funds allowed to be raised by participating candidates (including through qualifying contributions and small dollar contributions), allocations from the Fund under sections 522, matching contributions under section 523, and vouchers under section 524 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 Board determines is appropriate.CommentsClose CommentsPermalink





‘(C) ADJUSTMENT OF AMOUNTS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Based on the review conducted under subparagraph (A), the Board shall provide for the adjustments of the following amounts:CommentsClose CommentsPermalink





‘(I) the maximum dollar amount of qualified small dollar contributions under section 501(11)(C);CommentsClose CommentsPermalink





‘(II) the maximum and minimum dollar amounts for qualifying contributions under section 501(10)(A);CommentsClose CommentsPermalink





‘(III) the number and value of qualifying contributions a candidate is required to obtain under section 512(a)(1);CommentsClose CommentsPermalink





‘(IV) the base amount for candidates under section 522(d);CommentsClose CommentsPermalink





‘(V) the maximum amount of matching contributions a candidate may receive under section 523(b); andCommentsClose CommentsPermalink





‘(VI) the dollar amount for vouchers under section 524(c).CommentsClose CommentsPermalink





‘(ii) REGULATIONS- The Commission shall promulgate regulations providing for the adjustments made by the Board under clause (i).CommentsClose CommentsPermalink





‘(D) REPORT- Not later than March 30 following any general election for Federal office, the Board 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 Board based on such review.CommentsClose CommentsPermalink





‘(d) Meetings and Hearings-CommentsClose CommentsPermalink





‘(1) MEETINGS- The Board may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Board considers advisable to carry out the purposes of this Act.CommentsClose CommentsPermalink





‘(2) QUORUM- Three members of the Board shall constitute a quorum for purposes of voting, but a quorum is not required for members to meet and hold hearings.CommentsClose CommentsPermalink





‘(e) Reports- Not later than March 30, 2011, and every 2 years thereafter, the Board 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





‘(f) Administration-CommentsClose CommentsPermalink





‘(1) COMPENSATION OF MEMBERS-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 section 5315 of title 5, United States Code.CommentsClose CommentsPermalink





‘(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 section 5314 of title 5, United States Code.CommentsClose CommentsPermalink





‘(2) PERSONNEL-CommentsClose CommentsPermalink





‘(A) DIRECTOR- The Board 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 section 5382 of title 5, United States Code.CommentsClose CommentsPermalink





‘(B) STAFF APPOINTMENT- With the approval of the Chairperson, the Executive Director may appoint such personnel as the Executive Director and the Board determines to be appropriate.CommentsClose CommentsPermalink





‘(C) ACTUARIAL EXPERTS AND CONSULTANTS- With the approval of the Chairperson, the Executive Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.CommentsClose CommentsPermalink





‘(D) 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 Board to assist in carrying out the duties of the Board. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee.CommentsClose CommentsPermalink





‘(E) OTHER RESOURCES- The Board shall have reasonable access to materials, resources, statistical data, and other information from the Library of Congress and other agencies of the executive and legislative branches of the Federal Government. The Chairperson of the Board shall make requests for such access in writing when necessary.CommentsClose CommentsPermalink





‘(g) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out the purposes of this subtitle.CommentsClose CommentsPermalink

‘SEC. 532. ADMINISTRATION PROVISIONS.

‘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 raising of qualified small dollar contributions;CommentsClose CommentsPermalink





‘(C) effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates;CommentsClose CommentsPermalink





‘(D) monitoring the use of allocations from the Fund and matching contributions under this title through audits or other mechanisms; andCommentsClose CommentsPermalink





‘(E) the administration of the voucher program under section 524; andCommentsClose CommentsPermalink





‘(2) regarding the conduct of debates in a manner consistent with the best practices of States that provide public financing for elections.CommentsClose CommentsPermalink

‘SEC. 533. 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 515(a) accepts a contribution or makes an expenditure that is prohibited under section 513, the Commission shall assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the Fund.CommentsClose CommentsPermalink





‘(b) Repayment for Improper Use of Fair 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 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. 103. PROHIBITION ON JOINT FUNDRAISING COMMITTEES.

Section 302(e) of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(e)) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(6) No authorized committee of a candidate may establish a joint fundraising committee with a political committee other than an authorized committee of a candidate.’.CommentsClose CommentsPermalink

SEC. 104. 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 (2 U.S.C. 441a(d)) is amended--CommentsClose CommentsPermalink





(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 in, or Delegate or Resident Commissioner to, the Congress who is a participating candidate (as defined in section 501), the lesser of--CommentsClose CommentsPermalink





‘(i) 10 percent of the allocation from the Fair Elections Fund that the participating candidate is eligible to receive for the general election under section 522(c); 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- Section 315(d)(3) of such Act (2 U.S.C. 441a(d)(3)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (B) (as redesignated by subsection (a)), by inserting ‘who is not a participating candidate (as so defined)’ after ‘only one Representative’; andCommentsClose CommentsPermalink





(2) in subparagraph (C) (as redesignated by subsection (a)), by inserting ‘who is not a participating candidate (as so defined)’ after ‘any other State’.CommentsClose CommentsPermalink

SEC. 105. DEPOSIT OF PROCEEDS FROM RECOVERED SPECTRUM AUCTIONS.

Section 309(j)(8)(E)(ii) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)(ii)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘deposited in’ and inserting the following: "deposited as follows:CommentsClose CommentsPermalink





‘(I) 90 percent of such proceeds deposited in’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(II) 10 percent of such proceeds deposited in the Fair Elections Fund established under section 502 of the Federal Election Campaign Act of 1971.’.CommentsClose CommentsPermalink

SEC. 106. DESIGNATION OF OVERPAYMENTS AS CONTRIBUTIONS TO FAIR ELECTIONS FUND.

(a) In General- Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part:CommentsClose CommentsPermalink

‘PART IX--DESIGNATION OF OVERPAYMENTS AS CONTRIBUTIONS TO FAIR ELECTIONS FUND

‘Sec. 6097. Designation.CommentsClose CommentsPermalink

‘SEC. 6097. DESIGNATION.

‘(a) In General- Every individual (other than a nonresident alien) whose income tax liability for the taxable year is $10 or more may designate that $10 shall be paid over to the Fair Elections Fund in accordance with the provisions of section 502 of the Federal Election Campaign Act of 1971. In the case of a joint return of husband and wife having an income tax liability of $20 or more, each spouse may designate that $10 shall be paid to the fund.CommentsClose CommentsPermalink





‘(b) Definitions- For purposes of this section--CommentsClose CommentsPermalink





‘(1) FAIR ELECTIONS FUND- The term ‘Fair Elections Fund’ means the fund established by section 502 of the Federal Election Campaign Act of 1971.CommentsClose CommentsPermalink





‘(2) INCOME TAX LIABILITY- The term ‘income tax liability’ has the meaning given such term by section 6096(b).CommentsClose CommentsPermalink





‘(c) Manner and Time of Designation- A designation under subsection (a) may be made with respect to any taxable year--CommentsClose CommentsPermalink





‘(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, orCommentsClose CommentsPermalink





‘(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary.CommentsClose CommentsPermalink





Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer’s signature.CommentsClose CommentsPermalink





‘(d) Overpayments Treated as Refunded- For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions).’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item:CommentsClose CommentsPermalink

‘Part IX. Designation of Overpayments as Contributions to Fair Elections Fund’.

(c) Effective Date- The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.CommentsClose CommentsPermalink

TITLE II--IMPROVING VOTER INFORMATIONCommentsClose CommentsPermalink

SEC. 201. BROADCASTS RELATING TO ALL HOUSE CANDIDATES.

(a) Lowest Unit Charge; National Committees- Section 315(b) of the Communications Act of 1934 (47 U.S.C. 315(b)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘to such office’ in paragraph (1) and inserting ‘to such office, or by a national committee of a political party on behalf of such candidate in connection with such campaign,’; andCommentsClose CommentsPermalink





(2) by inserting ‘for pre-emptible use thereof’ after ‘station’ in subparagraph (A) of paragraph (1).CommentsClose CommentsPermalink





(b) Preemption; Audits- Section 315 of such Act (47 U.S.C. 315) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively and moving them to follow the existing subsection (e);CommentsClose CommentsPermalink





(2) by redesignating the existing subsection (e) as subsection (c); andCommentsClose CommentsPermalink





(3) by inserting after subsection (c) (as redesignated by paragraph (2)) the following:CommentsClose CommentsPermalink





‘(d) Preemption-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as provided in paragraph (2), and notwithstanding the requirements of subsection (b)(1)(A), a licensee shall not preempt the use of a broadcasting station by a legally qualified candidate for the office of Representative in, 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 station, any candidate or party advertising spot scheduled to be broadcast during that program shall be treated in the same fashion as a comparable commercial advertising spot.CommentsClose CommentsPermalink





‘(e) Audits- During the 30-day period preceding a primary election and the 60-day period preceding a general election, the Commission shall conduct such audits as it deems necessary to ensure that each broadcaster to which this section applies is allocating television broadcast advertising time in accordance with this section and section 312.’.CommentsClose CommentsPermalink





(c) Revocation of License for Failure To Permit Access- Section 312(a)(7) of the Communications Act of 1934 (47 U.S.C. 312(a)(7)) is amended--CommentsClose CommentsPermalink





(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





(d) Stylistic Amendments- Section 315 of such Act (47 U.S.C. 315) is amended--CommentsClose CommentsPermalink





(1) by striking ‘the’ in subsection (f)(1), as redesignated by subsection (b)(1), and inserting ‘BROADCASTING STATION- ’;CommentsClose CommentsPermalink





(2) by striking ‘the’ in subsection (f)(2), as redesignated by subsection (b)(1), and inserting ‘LICENSEE; STATION LICENSEE- ’; andCommentsClose CommentsPermalink





(3) by inserting ‘Regulations- ’ in subsection (g), as redesignated by subsection (b)(1), before ‘The Commission’.CommentsClose CommentsPermalink

SEC. 202. BROADCAST RATES FOR PARTICIPATING CANDIDATES.

Section 315(b) of the Communications Act of 1934 (47 U.S.C. 315(b)), as amended by section 201(a), is amended--CommentsClose CommentsPermalink





(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) PARTICIPATING CANDIDATES- In the case of a participating candidate (as defined under section 501(9) of the Federal Election Campaign Act of 1971), the charges made for the use of any broadcasting station for a television broadcast shall not exceed 80 percent of the lowest charge described in paragraph (1)(A) during--CommentsClose CommentsPermalink





‘(A) the 45 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) RATE CARDS- A licensee shall provide to a candidate for Representative in, 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

SEC. 203. FCC TO PRESCRIBE STANDARDIZED FORM FOR REPORTING CANDIDATE CAMPAIGN ADS.

(a) In General- Within 90 days after the date of enactment of this Act, the Federal Communications Commission shall initiate a rulemaking proceeding to establish a standardized form to be used by broadcasting stations, as defined in section 315(f)(1) of the Communications Act of 1934 (47 U.S.C. 315(f)(1)), to record and report the purchase of advertising time by or on behalf of a candidate for nomination for election, or for election, to Federal elective office.CommentsClose CommentsPermalink





(b) Contents- The form prescribed by the Commission under subsection (a) shall require, broadcasting stations to report to the Commission and to the Federal Election Commission, at a minimum--CommentsClose CommentsPermalink





(1) the station call letters and mailing address;CommentsClose CommentsPermalink





(2) the name and telephone number of the station’s sales manager (or individual with responsibility for advertising sales);CommentsClose CommentsPermalink





(3) the name of the candidate who purchased the advertising time, or on whose behalf the advertising time was purchased, and the Federal elective office for which he or she is a candidate;CommentsClose CommentsPermalink





(4) the name, mailing address, and telephone number of the person responsible for purchasing broadcast political advertising for the candidate;CommentsClose CommentsPermalink





(5) notation as to whether the purchase agreement for which the information is being reported is a draft or final version; andCommentsClose CommentsPermalink





(6) the following information about the advertisement:CommentsClose CommentsPermalink





(A) The date and time of the broadcast.CommentsClose CommentsPermalink





(B) The program in which the advertisement was broadcast.CommentsClose CommentsPermalink





(C) The length of the broadcast airtime.CommentsClose CommentsPermalink





(c) Internet Access- In its rulemaking under subsection (a), the Commission shall require any broadcasting station required to file a report under this section that maintains an Internet website to make available a link to such reports on that website.CommentsClose CommentsPermalink

TITLE III--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSIONCommentsClose CommentsPermalink

SEC. 301. PETITION FOR CERTIORARI.

Section 307(a)(6) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437d(a)(6)) is amended by inserting ‘(including a proceeding before the Supreme Court on certiorari)’ after ‘appeal’.CommentsClose CommentsPermalink

SEC. 302. FILING BY ALL CANDIDATES WITH COMMISSION.

Section 302(g) of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(g)) is amended to read as follows:CommentsClose CommentsPermalink





‘(g) FILING WITH THE COMMISSION- All designations, statements, and reports required to be filed under this Act shall be filed with the Commission.’.CommentsClose CommentsPermalink

SEC. 303. ELECTRONIC FILING OF FEC REPORTS.

Section 304(a)(11) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)) is amended--CommentsClose CommentsPermalink





(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

TITLE IV--MISCELLANEOUS PROVISIONSCommentsClose CommentsPermalink

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. 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, 2011.CommentsClose CommentsPermalink