Availability of increased limit
In general
Determination of opposition personal funds amount
In general
Special rule for candidate’s campaign funds
In general
For purposes of determining the aggregate amount of expenditures from personal funds under subparagraph (A), such amount shall include the gross receipts advantage of the candidate’s authorized committee.
Gross receipts advantage
Time to accept contributions under increased limit
In general
Effect of withdrawal of an opposing candidate
A candidate and a candidate’s authorized committee shall not accept any contribution and a party shall not make any expenditure under the increased limit after the date on which an opposing candidate ceases to be a candidate to the extent that the amount of such increased limit is attributable to such an opposing candidate.
Disposal of excess contributions
In general
The aggregate amount of contributions accepted by a candidate or a candidate’s authorized committee under the increased limit under paragraph (1) and not otherwise expended in connection with the election with respect to which such contributions relate shall, not later than 50 days after the date of such election, be used in the manner described in subparagraph (B).
Return to contributors
A candidate or a candidate’s authorized committee shall return the excess contribution to the person who made the contribution.
Notification of expenditures from personal funds
In general
Definition of expenditure from personal funds
Declaration of intent
Not later than the date that is 15 days after the date on which an individual becomes a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, the candidate shall file a declaration stating the total amount of expenditures from personal funds that the candidate intends to make, or to obligate to make, with respect to the election that will exceed $350,000.
Initial notification
Not later than 24 hours after a candidate described in subparagraph (B) makes or obligates to make an aggregate amount of expenditures from personal funds in excess of $350,000 in connection with any election, the candidate shall file a notification.
Additional notification
After a candidate files an initial notification under subparagraph (C), the candidate shall file an additional notification each time expenditures from personal funds are made or obligated to be made in an aggregate amount that exceeds $10,000. Such notification shall be filed not later than 24 hours after the expenditure is made.
Contents
Place of filing
Notification of disposal of excess contributions
In the next regularly scheduled report after the date of the election for which a candidate seeks nomination for election to, or election to, Federal office, the candidate or the candidate’s authorized committee shall submit to the Commission a report indicating the source and amount of any excess contributions (as determined under subsection (a)) and the manner in which the candidate or the candidate’s authorized committee used such funds.
Enforcement
section 30109 of this titleFor provisions providing for the enforcement of the reporting requirements under this subsection, see .
Pub. L. 92–225, title III, § 315APub. L. 107–155, title III, § 319(a)116 Stat. 109 (, as added , , .)
Editorial Notes
References in Text
section 30116 of this titleSubsections (a)(1)(A), (3), and (d), referred to in subsec. (a)(1), probably mean subsections (a)(1)(A), (3), and (d) of .
Codification
section 441a–1 of Title 2Section was formerly classified to , The Congress, prior to editorial reclassification and renumbering as this section.
Constitutionality
section 315A of Pub. L. 92–225section 319(a) of Pub. L. 107–155For information regarding the constitutionality of , as added by , see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.
Statutory Notes and Related Subsidiaries
Effective Date
section 402 of Pub. L. 107–155section 30101 of this titleSection effective , but not applicable with respect to runoff elections, recounts, or election contests resulting from elections held prior to , see , set out as an Effective Date of 2002 Amendment; Regulations note under .