In general
It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expenditure in connection with any election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization, to make a contribution or expenditure in connection with any election at which presidential and vice presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to, Congress are to be voted for, or in connection with any primary election or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this section, or any officer or any director of any corporation or any national bank or any officer of any labor organization to consent to any contribution or expenditure by the corporation, national bank, or labor organization, as the case may be, prohibited by this section.
Definitions; particular activities prohibited or allowed
Rules relating to electioneering communications
Applicable electioneering communication
section 30104(f)(3) of this titleFor purposes of this section, the term “applicable electioneering communication” means an electioneering communication (within the meaning of ) which is made by any entity described in subsection (a) of this section or by any other person using funds donated by an entity described in subsection (a) of this section.
Exception
section 527(e)(1) of title 26section 1101(a)(20) of title 8Notwithstanding paragraph (1), the term “applicable electioneering communication” does not include a communication by a section 501(c)(4) organization or a political organization (as defined in ) made under section 30104(f)(2)(E) or (F) of this title if the communication is paid for exclusively by funds provided directly by individuals who are United States citizens or nationals or lawfully admitted for permanent residence (as defined in ). For purposes of the preceding sentence, the term “provided directly by individuals” does not include funds the source of which is an entity described in subsection (a) of this section.
Special operating rules
Definition under paragraph (1)
An electioneering communication shall be treated as made by an entity described in subsection (a) if an entity described in subsection (a) directly or indirectly disburses any amount for any of the costs of the communication.
Exception under paragraph (2)
section 30104(f)(2)(E) of this titleA section 501(c)(4) organization that derives amounts from business activities or receives funds from any entity described in subsection (a) shall be considered to have paid for any communication out of such amounts unless such organization paid for the communication out of a segregated account to which only individuals can contribute, as described in .
Definitions and rules
Coordination with title 26
section 501(a) of title 26Nothing in this subsection shall be construed to authorize an organization exempt from taxation under to carry out any activity which is prohibited under such title.
Special rules for targeted communications
Exception does not apply
Paragraph (2) shall not apply in the case of a targeted communication that is made by an organization described in such paragraph.
Targeted communication
section 30104(f)(3) of this titleFor purposes of subparagraph (A), the term “targeted communication” means an electioneering communication (as defined in ) that is distributed from a television or radio broadcast station or provider of cable or satellite television service and, in the case of a communication which refers to a candidate for an office other than President or Vice President, is targeted to the relevant electorate.
Definition
section 30104(f)(3)(C) of this titleFor purposes of this paragraph, a communication is “targeted to the relevant electorate” if it meets the requirements described in .
Pub. L. 92–225, title III, § 316Pub. L. 94–283, title I, § 112(2)90 Stat. 490 Pub. L. 96–187, title I93 Stat. 1354 Pub. L. 107–155, title II116 Stat. 91 (, formerly § 321, as added , , ; renumbered § 316 and amended , §§ 105(5), 112(d), , , 1366; , §§ 203, 204, 214(d), , , 92, 95.)
Editorial Notes
References in Text
lPub. L. 109–58, title XII, § 1263119 Stat. 974 Section 79 of title 15, referred to in subsec. (b)(2), was repealed by , , .
Codification
section 441b of Title 2Section was formerly classified to , The Congress, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title.
Constitutionality
section 441b of Title 2For information regarding the constitutionality of this section, formerly classified to , The Congress, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.
Prior Provisions
section 316 of Pub. L. 92–225section 30113 of this titleA prior was renumbered section 312, and is classified to .
section 316 of Pub. L. 92–225section 30111 of this titleAnother prior was renumbered section 311, and is classified to .
Amendments
Pub. L. 107–155section 431 of this title2002—Subsec. (b)(2). , §§ 203(a), 214(d), substituted “ ‘contribution or expenditure’ includes a contribution or expenditure, as those terms are defined in , and also includes” for “ ‘contribution or expenditure’ shall include” and inserted “or for any applicable electioneering communication” before “, but shall not include (A)”.
Pub. L. 107–155, § 203(b)Subsec. (c). , added subsec. (c).
Pub. L. 107–155, § 204Subsec. (c)(6). , added par. (6).
Pub. L. 96–187, § 112(d)1980—Subsec. (b)(4)(B). , substituted “It” for “it”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Pub. L. 107–155section 402 of Pub. L. 107–155section 30101 of this titleAmendment by 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 .
Effective Date of 1980 Amendment
Pub. L. 96–187section 301(a) of Pub. L. 96–187section 30101 of this titleAmendment by effective , see , set out as a note under .