2 U.S.C. § 431 : US Code - Section 431: Definitions

Search 2 U.S.C. § 431 : US Code - Section 431: Definitions

When used in this Act:
(1) The term "election" means - 
(A) a general, special, primary, or runoff election;
(B) a convention or caucus of a political party which has
authority to nominate a candidate;
(C) a primary election held for the selection of delegates to a
national nominating convention of a political party; and
(D) a primary election held for the expression of a preference
for the nomination of individuals for election to the office of
President.
(2) The term "candidate" means an individual who seeks nomination
for election, or election, to Federal office, and for purposes of
this paragraph, an individual shall be deemed to seek nomination
for election, or election - 
(A) if such individual has received contributions aggregating
in excess of $5,000 or has made expenditures aggregating in
excess of $5,000; or
(B) if such individual has given his or her consent to another
person to receive contributions or make expenditures on behalf of
such individual and if such person has received such
contributions aggregating in excess of $5,000 or has made such
expenditures aggregating in excess of $5,000.
(3) The term "Federal office" means the office of President or
Vice President, or of Senator or Representative in, or Delegate or
Resident Commissioner to, the Congress.
(4) The term "political committee" means - 
(A) any committee, club, association, or other group of persons
which receives contributions aggregating in excess of $1,000
during a calendar year or which makes expenditures aggregating in
excess of $1,000 during a calendar year; or
(B) any separate segregated fund established under the
provisions of section 441b(b) of this title; or
(C) any local committee of a political party which receives
contributions aggregating in excess of $5,000 during a calendar
year, or makes payments exempted from the definition of
contribution or expenditure as defined in paragraphs (8) and (9)
aggregating in excess of $5,000 during a calendar year, or makes
contributions aggregating in excess of $1,000 during a calendar
year or makes expenditures aggregating in excess of $1,000 during
a calendar year.
(5) The term "principal campaign committee" means a political
committee designated and authorized by a candidate under section
432(e)(1) of this title.
(6) The term "authorized committee" means the principal campaign
committee or any other political committee authorized by a
candidate under section 432(e)(1) of this title to receive
contributions or make expenditures on behalf of such candidate.
(7) The term "connected organization" means any organization
which is not a political committee but which directly or indirectly
establishes, administers or financially supports a political
committee.
(8)(A) The term "contribution" includes - 
(i) any gift, subscription, loan, advance, or deposit of money
or anything of value made by any person for the purpose of
influencing any election for Federal office; or
(ii) the payment by any person of compensation for the personal
services of another person which are rendered to a political
committee without charge for any purpose.
(B) The term "contribution" does not include - 
(i) the value of services provided without compensation by any
individual who volunteers on behalf of a candidate or political
committee;
(ii) the use of real or personal property, including a church
or community room used on a regular basis by members of a
community for noncommercial purposes, and the cost of
invitations, food, and beverages, voluntarily provided by an
individual to any candidate or any political committee of a
political party in rendering voluntary personal services on the
individual's residential premises or in the church or community
room for candidate-related or political party-related activities,
to the extent that the cumulative value of such invitations,
food, and beverages provided by such individual on behalf of any
single candidate does not exceed $1,000 with respect to any
single election, and on behalf of all political committees of a
political party does not exceed $2,000 in any calendar year;
(iii) the sale of any food or beverage by a vendor for use in
any candidate's campaign or for use by or on behalf of any
political committee of a political party at a charge less than
the normal comparable charge, if such charge is at least equal to
the cost of such food or beverage to the vendor, to the extent
that the cumulative value of such activity by such vendor on
behalf of any single candidate does not exceed $1,000 with
respect to any single election, and on behalf of all political
committees of a political party does not exceed $2,000 in any
calendar year;
(iv) any unreimbursed payment for travel expenses made by any
individual on behalf of any candidate or any political committee
of a political party, to the extent that the cumulative value of
such activity by such individual on behalf of any single
candidate does not exceed $1,000 with respect to any single
election, and on behalf of all political committees of a
political party does not exceed $2,000 in any calendar year;
(v) the payment by a State or local committee of a political
party of the costs of preparation, display, or mailing or other
distribution incurred by such committee with respect to a printed
slate card or sample ballot, or other printed listing, of 3 or
more candidates for any public office for which an election is
held in the State in which such committee is organized, except
that this clause shall not apply to any cost incurred by such
committee with respect to a display of any such listing made on
broadcasting stations, or in newspapers, magazines, or similar
types of general public political advertising;
(vi) any payment made or obligation incurred by a corporation
or a labor organization which, under section 441b(b) of this
title, would not constitute an expenditure by such corporation or
labor organization;
(vii) any loan of money by a State bank, a federally chartered
depository institution, or a depository institution the deposits
or accounts of which are insured by the Federal Deposit Insurance
Corporation, Federal Savings and Loan Insurance Corporation, or
the National Credit Union Administration, other than any
overdraft made with respect to a checking or savings account,
made in accordance with applicable law and in the ordinary course
of business, but such loan - 
(I) shall be considered a loan by each endorser or guarantor,
in that proportion of the unpaid balance that each endorser or
guarantor bears to the total number of endorsers or guarantors;
(II) shall be made on a basis which assures repayment,
evidenced by a written instrument, and subject to a due date or
amortization schedule; and
(III) shall bear the usual and customary interest rate of the
lending institution;
(viii) any legal or accounting services rendered to or on
behalf of - 
(I) any political committee of a political party if the
person paying for such services is the regular employer of the
person rendering such services and if such services are not
attributable to activities which directly further the election
of any designated candidate to Federal office; or
(II) an authorized committee of a candidate or any other
political committee, if the person paying for such services is
the regular employer of the individual rendering such services
and if such services are solely for the purpose of ensuring
compliance with this Act or chapter 95 or chapter 96 of title
26,
but amounts paid or incurred by the regular employer for such
legal or accounting services shall be reported in accordance with
section 434(b) of this title by the committee receiving such
services;
(ix) the payment by a State or local committee of a political
party of the costs of campaign materials (such as pins, bumper
stickers, handbills, brochures, posters, party tabloids, and yard
signs) used by such committee in connection with volunteer
activities on behalf of nominees of such party: Provided, That - 
(1) such payments are not for the costs of campaign materials
or activities used in connection with any broadcasting,
newspaper, magazine, billboard, direct mail, or similar type of
general public communication or political advertising;
(2) such payments are made from contributions subject to the
limitations and prohibitions of this Act; and
(3) such payments are not made from contributions designated
to be spent on behalf of a particular candidate or particular
candidates;
(x) the payment by a candidate, for nomination or election to
any public office (including State or local office), or
authorized committee of a candidate, of the costs of campaign
materials which include information on or referenced to any other
candidate and which are used in connection with volunteer
activities (including pins, bumper stickers, handbills,
brochures, posters, and yard signs, but not including the use of
broadcasting, newspapers, magazines, billboards, direct mail, or
similar types of general public communication or political
advertising): Provided, That such payments are made from
contributions subject to the limitations and prohibitions of this
Act;
(xi) the payment by a State or local committee of a political
party of the costs of voter registration and get-out-the-vote
activities conducted by such committee on behalf of nominees of
such party for President and Vice President: Provided, That - 
(1) such payments are not for the costs of campaign materials
or activities used in connection with any broadcasting,
newspaper, magazine, billboard, direct mail, or similar type of
general public communication or political advertising;
(2) such payments are made from contributions subject to the
limitations and prohibitions of this Act; and
(3) such payments are not made from contributions designated
to be spent on behalf of a particular candidate or candidates;
(xii) payments made by a candidate or the authorized committee
of a candidate as a condition of ballot access and payments
received by any political party committee as a condition of
ballot access;
(xiii) any honorarium (within the meaning of section 441i of
this title); and
(xiv) any loan of money derived from an advance on a
candidate's brokerage account, credit card, home equity line of
credit, or other line of credit available to the candidate, if
such loan is made in accordance with applicable law and under
commercially reasonable terms and if the person making such loan
makes loans derived from an advance on the candidate's brokerage
account, credit card, home equity line of credit, or other line
of credit in the normal course of the person's business.
(9)(A) The term "expenditure" includes - 
(i) any purchase, payment, distribution, loan, advance,
deposit, or gift of money or anything of value, made by any
person for the purpose of influencing any election for Federal
office; and
(ii) a written contract, promise, or agreement to make an
expenditure.
(B) The term "expenditure" does not include - 
(i) any news story, commentary, or editorial distributed
through the facilities of any broadcasting station, newspaper,
magazine, or other periodical publication, unless such facilities
are owned or controlled by any political party, political
committee, or candidate;
(ii) nonpartisan activity designed to encourage individuals to
vote or to register to vote;
(iii) any communication by any membership organization or
corporation to its members, stockholders, or executive or
administrative personnel, if such membership organization or
corporation is not organized primarily for the purpose of
influencing the nomination for election, or election, of any
individual to Federal office, except that the costs incurred by a
membership organization (including a labor organization) or by a
corporation directly attributable to a communication expressly
advocating the election or defeat of a clearly identified
candidate (other than a communication primarily devoted to
subjects other than the express advocacy of the election or
defeat of a clearly identified candidate), shall, if such costs
exceed $2,000 for any election, be reported to the Commission in
accordance with section 434(a)(4)(A)(i) of this title, and in
accordance with section 434(a)(4)(A)(ii) of this title with
respect to any general election;
(iv) the payment by a State or local committee of a political
party of the costs of preparation, display, or mailing or other
distribution incurred by such committee with respect to a printed
slate card or sample ballot, or other printed listing, of 3 or
more candidates for any public office for which an election is
held in the State in which such committee is organized, except
that this clause shall not apply to costs incurred by such
committee with respect to a display of any such listing made on
broadcasting stations, or in newspapers, magazines, or similar
types of general public political advertising;
(v) any payment made or obligation incurred by a corporation or
a labor organization which, under section 441b(b) of this title,
would not constitute an expenditure by such corporation or labor
organization;
(vi) any costs incurred by an authorized committee or candidate
in connection with the solicitation of contributions on behalf of
such candidate, except that this clause shall not apply with
respect to costs incurred by an authorized committee of a
candidate in excess of an amount equal to 20 percent of the
expenditure limitation applicable to such candidate under section
441a(b) of this title, but all such costs shall be reported in
accordance with section 434(b) of this title;
(vii) the payment of compensation for legal or accounting
services - 
(I) rendered to or on behalf of any political committee of a
political party if the person paying for such services is the
regular employer of the individual rendering such services, and
if such services are not attributable to activities which
directly further the election of any designated candidate to
Federal office; or
(II) rendered to or on behalf of a candidate or political
committee if the person paying for such services is the regular
employer of the individual rendering such services, and if such
services are solely for the purpose of ensuring compliance with
this Act or chapter 95 or chapter 96 of title 26,
but amounts paid or incurred by the regular employer for such
legal or accounting services shall be reported in accordance with
section 434(b) of this title by the committee receiving such
services;
(viii) the payment by a State or local committee of a political
party of the costs of campaign materials (such as pins, bumper
stickers, handbills, brochures, posters, party tabloids, and yard
signs) used by such committee in connection with volunteer
activities on behalf of nominees of such party: Provided, That - 
(1) such payments are not for the costs of campaign materials
or activities used in connection with any broadcasting,
newspaper, magazine, billboard, direct mail, or similar type of
general public communication or political advertising;
(2) such payments are made from contributions subject to the
limitations and prohibitions of this Act; and
(3) such payments are not made from contributions designated
to be spent on behalf of a particular candidate or particular
candidates;
(ix) the payment by a State or local committee of a political
party of the costs of voter registration and get-out-the-vote
activities conducted by such committee on behalf of nominees of
such party for President and Vice President: Provided, That - 
(1) such payments are not for the costs of campaign materials
or activities used in connection with any broadcasting,
newspaper, magazine, billboard, direct mail, or similar type of
general public communication or political advertising;
(2) such payments are made from contributions subject to the
limitations and prohibitions of this Act; and
(3) such payments are not made from contributions designated
to be spent on behalf of a particular candidate or candidates;
and
(x) payments received by a political party committee as a
condition of ballot access which are transferred to another
political party committee or the appropriate State official.
(10) The term "Commission" means the Federal Election Commission.
(11) The term "person" includes an individual, partnership,
committee, association, corporation, labor organization, or any
other organization or group of persons, but such term does not
include the Federal Government or any authority of the Federal
Government.
(12) The term "State" means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or a
territory or possession of the United States.
(13) The term "identification" means - 
(A) in the case of any individual, the name, the mailing
address, and the occupation of such individual, as well as the
name of his or her employer; and
(B) in the case of any other person, the full name and address
of such person.
(14) The term "national committee" means the organization which,
by virtue of the bylaws of a political party, is responsible for
the day-to-day operation of such political party at the national
level, as determined by the Commission.
(15) The term "State committee" means the organization which, by
virtue of the bylaws of a political party, is responsible for the
day-to-day operation of such political party at the State level, as
determined by the Commission.
(16) The term "political party" means an association, committee,
or organization which nominates a candidate for election to any
Federal office whose name appears on the election ballot as the
candidate of such association, committee, or organization.
(17) Independent expenditure. - The term "independent
expenditure" means an expenditure by a person - 
(A) expressly advocating the election or defeat of a clearly
identified candidate; and
(B) that is not made in concert or cooperation with or at the
request or suggestion of such candidate, the candidate's
authorized political committee, or their agents, or a political
party committee or its agents.
(18) The term "clearly identified" means that - 
(A) the name of the candidate involved appears;
(B) a photograph or drawing of the candidate appears; or
(C) the identity of the candidate is apparent by unambiguous
reference.
(19) The term "Act" means the Federal Election Campaign Act of
1971 as amended.
(20) Federal election activity. - 
(A) In general. - The term "Federal election activity" means - 
(i) voter registration activity during the period that begins
on the date that is 120 days before the date a regularly
scheduled Federal election is held and ends on the date of the
election;
(ii) voter identification, get-out-the-vote activity, or
generic campaign activity conducted in connection with an
election in which a candidate for Federal office appears on the
ballot (regardless of whether a candidate for State or local
office also appears on the ballot);
(iii) a public communication that refers to a clearly
identified candidate for Federal office (regardless of whether
a candidate for State or local office is also mentioned or
identified) and that promotes or supports a candidate for that
office, or attacks or opposes a candidate for that office
(regardless of whether the communication expressly advocates a
vote for or against a candidate); or
(iv) services provided during any month by an employee of a
State, district, or local committee of a political party who
spends more than 25 percent of that individual's compensated
time during that month on activities in connection with a
Federal election.
(B) Excluded activity. - The term "Federal election activity"
does not include an amount expended or disbursed by a State,
district, or local committee of a political party for - 
(i) a public communication that refers solely to a clearly
identified candidate for State or local office, if the
communication is not a Federal election activity described in
subparagraph (A)(i) or (ii);
(ii) a contribution to a candidate for State or local office,
provided the contribution is not designated to pay for a
Federal election activity described in subparagraph (A);
(iii) the costs of a State, district, or local political
convention; and
(iv) the costs of grassroots campaign materials, including
buttons, bumper stickers, and yard signs, that name or depict
only a candidate for State or local office.
(21) Generic campaign activity. - The term "generic campaign
activity" means a campaign activity that promotes a political party
and does not promote a candidate or non-Federal candidate.
(22) Public communication. - The term "public communication"
means a communication by means of any broadcast, cable, or
satellite communication, newspaper, magazine, outdoor advertising
facility, mass mailing, or telephone bank to the general public, or
any other form of general public political advertising.
(23) Mass mailing. - The term "mass mailing" means a mailing by
United States mail or facsimile of more than 500 pieces of mail
matter of an identical or substantially similar nature within any
30-day period.
(24) Telephone bank. - The term "telephone bank" means more than
500 telephone calls of an identical or substantially similar nature
within any 30-day period.
(25) Election cycle. - For purposes of sections 441a(i) and 441a-
1 of this title and paragraph (26), the term "election cycle"
means the period beginning on the day after the date of the most
recent election for the specific office or seat that a candidate is
seeking and ending on the date of the next election for that office
or seat. For purposes of the preceding sentence, a primary election
and a general election shall be considered to be separate
elections.
(26) Personal funds. - The term "personal funds" means an amount
that is derived from - 
(A) any asset that, under applicable State law, at the time the
individual became a candidate, the candidate had legal right of
access to or control over, and with respect to which the
candidate had - 
(i) legal and rightful title; or
(ii) an equitable interest;
(B) income received during the current election cycle of the
candidate, including - 
(i) a salary and other earned income from bona fide
employment;
(ii) dividends and proceeds from the sale of the candidate's
stocks or other investments;
(iii) bequests to the candidate;
(iv) income from trusts established before the beginning of
the election cycle;
(v) income from trusts established by bequest after the
beginning of the election cycle of which the candidate is the
beneficiary;
(vi) gifts of a personal nature that had been customarily
received by the candidate prior to the beginning of the
election cycle; and
(vii) proceeds from lotteries and similar legal games of
chance; and
(C) a portion of assets that are jointly owned by the candidate
and the candidate's spouse equal to the candidate's share of the
asset under the instrument of conveyance or ownership, but if no
specific share is indicated by an instrument of conveyance or
ownership, the value of  1/2  of the property.