sion of costs directly attributable to a communication expressly advocating the election or defeat of a clearly identifiable candidate if those costs should exceed $2,000 per election, substituted "section 441b(b) of this title" for "the last paragraph of section 610 of title 18, United States Code" in cl. (H), and added cis. (1), (J), and (K). Subsec. (n). Pub.L. 94-283, § 115(h), substituted "section 432(e) (1) of this title" for "section 432(f) (1) of this title". Subsecs. (o) to (q). Pub.L. 94-283,$ 102(g), added subsecs. (o) to (q). 1974 Amendment. Pub. L. 93-443, $ 201(a) (1), inserted introductory reference to subchapter II of this chapter. Subsec. (a). Pub. L. 93-443, § 201(a) (2), deleted from definition of "election" in cl. (5) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States. Subsec. (d). Pub.L. 93-443, § 201(a) (3), inserted reference to "club," preceding "association" and substituted "other group of persons" and "receives" for "organization" and "accepts". Subsec. (e). Pub. L. 93-443, § 201(a) (4), transferred the word "means" following introductory word "contribution" to become the initial word in pars. (1) to (4); in par. (1), incorporated existing provisions in provisions designated cls. (A) and (B), and deleted former provisions respecting contributions for the purpose of influencing the nomination for election, or election, of any person as a presidential elector or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States; in par. (2), provided for express or implied transactions; in par. (3), substituted "funds received by a political committee which are transferred to such committee from another political committee or other source" for "a transfer of funds between political committees"; substituted at end of par. (4) the word "but" for "and"; incorporated existing provisions in provision designated as cl. (A) of par. (5); and added par. (5), cls. (B) to (F) and concluding clause. Subsec. (f). Pub.L. 93-443, § 201 (a) (5), transferred the word "means" following introductory word "expenditure" to become the initial word in pars. (1) to (3); in par. (1), incorporated existing provisions in provisions designated subpars. (A) and (B) and deleted former par. (1) end text reading ", or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States"; in par. (2), provided for express or implied transactions; in par. (3), substituted "the transfer of funds by a political committee to another political committee; but" for "a transfer of funds between political committees"; and added par. (4). Subsec. (g). Pub.L. 93-443, § 208(c) (1), substituted definition of "Commission" for "supervisory officer". Subsecs. (j) to (n). Pub. L. 93-443, § 201(a) (6)-(8), added subsecs. (j) to (n). Effective Date of 1974 Amendment. Section 410 of Pub.L. 93-443 provided that: Title 5, sections 591, 608, 610, 611, and 613 of Title 18, and section 315 of Title 47, repealing section 440 of Title 2 and sections 801-805 of Title 47, and enacting provisions set out as notes under sections 434, 437c, and 438 of this title and section 608 of Title 18] shall become effective January 1, 1975. "(b) Section 104 [set out as note under section 591 of Title 18] and the amendment made by section 301 [to section 453 of this title) shall become effective on the date of the enactment of this Act [Oct. 15, 1974]. "(c) (1) The amendments made by sections 403(a), 404, 405, 406, 408, and 409 [enacting sections 9031-9042, amending sections 276(c), (d), 9002(1), (3), (11), 9003 (a), (b), 9004 (a) (1), (2) (A), (3), 9005, 9005 (b), 9006(a), (c), (d), 9007(a)-(c), 9008, 9009(a)-(c), 9010(a)-(d), 9011(a), (b), and 9012(a), (a)(1), (c) (2), (3), (d) (1), (e) (1), (3), and repealing section 9021 of Title 26] shall apply with respect to taxable years beginning after December 31, 1974. "(2) The amendment made by section 407 [to section 6012(a) of Title 26] shall apply with respect to taxable years beginning after December 31, 1971." Effective Date. Section 408, formerly 406 of Pub.L. 92-225 as renumbered Pub. L. 93-443, Title III, § 302, Oct. 15, 1974, 88 Stat. 1289, provided that: "Except as provided in section 401 of this Act [classified to section 451 of this title], the provisions of this Act [see Short Title note under this section] shall become effective on December 31, 1971, or sixty days after the date of enactment of this Act [Feb. 7, 1972], whichever is later." Short Title of 1976 Amendment. Section 1 of Pub.L. 94-283 provided that: "This Act [enacting sections 441a to 441j of this title, amending this section and sections 432, 434, 436, 437b to 439c, and 455 of this title, section 591 of Title 18, Crimes and Criminal Procedure, and sections 9002, 9003, 9004, 9006, 9007, 9008, 9009, 9012, 9032, 9033, 9034, 9035, and 9039 of Title 26, Internal Revenue Code of 1954, repealing sections 437a, 441, and 456 of this title and sections 608, 610, 611, 612, 613, 614, 615, 616, and 617 of Title 18, and enacting provisions set out as notes under sections 437c, 437f, and 441 of this title and sections 9002, 9004, and 9035 of Title 26) may be cited as the 'Federal Election Campaign Act Amendments of 1976'." Short Title of 1974 Amendments. Section 1 of Pub. L. 93-443 provided: "That this Act [which enacted sections 437a to 437h, 439a to 439c, 455, and 456 of this title, sections 614 to 617 of Title 18, and sections 9008, 9031 to 9042 of Title 26; amended sections 431 to 439 and 451 to 453 of this title, sections 1501 to 1503 of Title 5, sections 591, 608, 610, 611, and 613 of Title 18, sections 276, 6012, 9002 to section 315 of Title 47; repealed section 9007, and 9009 to 9012 of Title 26, and 440 of this title, section 9021 of Title 26, and sections 801 to 805 of Title 47; and enacted provisions set out as notes under sections 431, 434, 437c, and 438 of this title, sections 591 and 608 of Title 18, and section 9006 of Title 26] may be cited as the 'Federal Election Campaign Act Amendments of 1974'." Short Title. Section 1 of Pub. L. 92225 provided: "That this Act [which enacted this chapter and chapter 7 (section 801 et seq.) of Title 47, amended sections 591, 600, 608, 610, and 611 of Title 18 and sections 312 and 315 of Title 47, repealed sections 241-256 of this title and section 609 of Title 18, and enacted provisions set out as notes under this section and section 801 of Title 47] may be cited as the 'Federal Election Campaign Act of 1971'." "(a) Except as provided by subsection (b) and subsection (c), the foregoing provisions of this Act [enacting sections 437a-437h, 439a-439c, 455, and 456 of this title and sections 614-617 of Title 18, amending sections 431-437, 438, 439, 451, and 452 of this title, sections 1501-1503 of Legislative History. For legislative history and purpose of Pub. L. 92-225, see 1972 U.S.Code Cong. and Adm.News, p. 1773. See, also, Pub. L. 93-443, 1974 U.S. Code Cong. and Adm. News, p. 5587; Pub. L. 94-283, 1976 U.S.Code Cong. and Adm. News, p. 929. 11.1 et seq. Code of Federal Regulations Administrative interpretation and application of disclosure requirements, see 11 CFR Comptroller General's statement on federal campaign funds, see 11 CFR Supp. B. Constitutionality 1⁄2 Contribution 3 Political committee 2 Purpose 1 12. Constitutionality Notes of Decisions which this chapter applied, and thus no fundamental right was violated by the classification, and since classification was not suspect, reasonable or rational basis test was applicable to determine constitutionality under equal protection clause, U.S.C.A.Const. Amend. 14, and classification would be upheld unless choice departed from every public purpose which could reasonably be conceived, unless no facts reasonably justified it. Stoner v. Fortson, D.C.Ga.1974, 379 F.Supp. 704. Even assuming truth of proposition that most large contributors to candidates for federal office do not seek improper influence over the candidate's positions or his subsequent actions as an office holder, that fact did not demonstrate overbreadth of ceilings imposed on individual contributions to candidates and did not undercut the validity of the $1,000 contribution limitation contained in this chapter; Congress was justified in concluding that the interest in safeguarding against the appearance of impropriety required that the opportunity for abuse inherent in the process of raising large monetary contributions be eliminated. Buckley v. Valeo, Dist. Col.1976, 96 S.Ct. 612. Governmental interest in providing the electorate with information as to where political campaign money comes from and how it is spent by the candidate. governmental interest in deterring actual corruption and avoiding the appearance of corruption by exposing large contributions and expenditures to the light of publicity, and government interest in record keeping which is essential to gathering data necessary to detect violations of limitations placed on contributions to campaigns are of sufficient magnitude to justify intrusion on U.S.C.A.Const. Amend. 1 rights resulting from this chapter's disclosure and reporting requirements. Id. This chapter was not shown to be in valid on theory that it infringed U.S.C. A.Const. Amend. 1 by chilling freedom of association of would-be contributors who could contribute over $100 per candidate per year only at cost of publicity that might be undesired, especially in absence of showing of any foundation in record of findings having been weighed in lower court. U. S. v. Finance Committee to Re-Elect the President, 1974, 507 F.2d 1194, 165 U.S.App.D.C. 371. This chapter did not unduly inhibit freedom of expression or association of members of either class of officials to 1. Purpose The concern of Congress in enacting this chapter was primarily with groups organized or at least authorized by a particular candidate and whose principal focus is a specific campaign. U. S. v. National Committee for Impeachment, C. Α.Ν.Υ.1972, 469 F.2d 1135. Congressional concern in enacting this chapter was with political campaign financing, not with the funding of movements dealing with national policy. Id. 2. Political committee The words "made for the purpose of influencing," within this section defining when expenditures by a committee shall constitute the committee a "political committee" required to file reports under section 436 of this title, refer to expenditures made with the authorization or consent, express or implied, or under the control, direct or indirect, of a candidate or his agents. U. S. v. National Committee for Impeachment, C.A.N.Y.1972, 469 F.2d 1135. This chapter applies only to committees soliciting contributions or making expenditures the major purpose of which is the nomination or election of candidates. Id. Committee which published advertisement on May 31, 1972, seeking support for resolution for impeachment of President Nixon because of alleged unlawful acts in connection with the war in Vietnam, was not subject to the requirements of this chapter on theory that it was derogating the President's stand on a principal campaign issue in the upcoming election. Id. 3. Contribution Term "contribution," as used in subsec. (e) of this section included not only contributions made directly or indirectly to a candidate, political party, or campaign committee, and contributions made to other organizations or individuals earmarked for political purposes, but also included expenditures placed in cooperation with, or with the consent of, a candidate, his agents or an authorized committee of the candidate. Buckley v. Valeo, Dist. Col.1976, 96 S.Ct. 612. § 432. Organization of political committees-Chairman; treasurer; vacancies; official authorizations (a) Every political committee shall have a chairman and a treasurer. No contribution and no expenditure shall be accepted or made by or on behalf of a political committee at a time when there is a vacancy in the office of chairman or treasurer thereof. No expenditure shall be made for or on behalf of a political committee without the authorization of its chairman or treasurer, or their designated agents. Account of contributions; segregated funds (b) Every person who receives a contribution in excess of $50 for a political committee shall, on demand of the treasurer, and in any event within five days after receipt of such contribution, render to the treasurer a detailed account thereof, including the amount of the contribution and the identification of the person making such contribution, and the date on which received. All funds of a political committee shall be segregated from, and may not be commingled with, any personal funds of officers, members, or associates of such committee. Recordkeeping (c) It shall be the duty of the treasurer of a political committee to keep a detailed and exact account of (1) all contributions made to or for such committee; (2) the identification of every person making a contribution in excess of $50, and the date and amount thereof and, if a person's contributions aggregate more than $100, the account shall include occupation, and the principal place of business (if any); (3) all expenditures made by or on behalf of such committee; and (4) the identification of every person to whom any expenditure is made, the date and amount thereof and the name and address of, and office sought by, each candidate on whose behalf such expenditure was made. Receipts; preservation (d) It shall be the duty of the treasurer to obtain and keep a receipted bill, stating the particulars, for every expenditure made by or on behalf of a political committee in excess of $100 in amount, and for any such expenditure in a lesser amount, if the aggregate amount of such expenditures to the same person during a calendar year exceeds $100. The treasurer shall preserve all receipted bills and accounts required to be kept by this section for periods of time to be determined by the Commission. Principal campaign committees; one candidate limitation; office of (e) (1) Each individual who is a candidate for Federal office (other than the office of Vice President of the United States) shall designate a political committee to serve as his principal campaign committee. No political committee may be designated as the principal campaign committee of more than one candidate, except that the candidate for the office of President of the United States nominated by a political party may designate the national committee of such political party as his principal campaign committee. Except as provided in the preceding sentence, no political committee which supports more than one candidate may be designated as a principal campaign committee. Any occasional, isolated, or incidental support of a candidate shall not be construed as support of such candidate for purposes of the preceding sentence. (2) Notwithstanding any other provision of this subchapter, each report or statement of contributions received or expenditures made by a political committee (other than a principal campaign committee) which is required to be filed with the Commission under this subchapter shall be filed instead with the principal campaign committee for the candidate on whose behalf such contributions are accepted or such expenditures are made. (3) It shall be the duty of each principal campaign committee to receive all reports and statements required to be filed with it under paragraph (2) of this subsection and to compile and file such reports and statements, together with its own reports and statements, with the Commission in accordance with the provisions of this subchapter. Pub.L. 92-225, Title III, § 302, Feb. 7, 1972, 86 Stat. 12, amended Pub. L. 93-443, Title II, §§ 202, 208(c) (2), Oct. 15, 1974, 88 Stat. 1275, 1286; Pub.L. 94-283, Title I, § 103, May 11, 1976, 90 Stat. 480. 1976 Amendment. Subsec. (b). Pub. L. 94-283,$ 103(a), substituted "$50" for "$10". Subsec. (c) (2). Pub.L. 94-283, § 103(b), substituted "$50" for "$10". Subsec. (e). Pub.L. 94-283, § 103 (c), (d), redesignated subsec. (f) as (e) and in par. (1) of subsec. (e) as so redesignated added provision that occasional, isolated, or incidental support of a candidate not be construed as support for such a candidate for purposes of determining whether a political committee supports more than one Former subsec. (e) providing for the giving of notice by a candidate that a political committee soliciting funds on his behalf is not authorized to do so and that he is not responsible for the activities of that committee was eliminated. candidate. 1974 Amendment. Subsec. (b). Pub.L. 93-443, $ 202(a) (1), substituted "of the contribution and the identification" for ", the name and address (occupation and the principal place of business, if any)". Subsec. (c) (2). Pub. L. 93-443. $ 202(a) (2), (3), substituted "identification" for "full name and mailing address (occupation and the principal place of business, if any)" preceding "of every person" and inserted end text reading "and, if a person's contributions aggregate more than $100, the account shall include occupation, and the principal place of business (if any)". Subsec. (c) (4). Pub. L. 93-443, 202(a) (2), substituted "identification" for "full name and mailing address (occupation and the principal place of busi ness, if any)" preceding "of every person". Subsec. (d). Pub.L. 93-443, § 208 (c) (2), substituted "Commission" for "supervisory officer". Subsec. (f). Pub.L. 93-443, § 202(b), substituted provisions respecting principal campaign committees for prior provi sions respecting notice of funds solicitation by political committees and availability for purchase of annual reports of the political committees from the Superintendent of Documents made available through the Public Printer, now covered in section 435 (b) of this title. Effective Date of 1974 Amendment. Amendment by Pub. L. 93-443 effective Jan. 1, 1975, see section 410(a) of Pub.L. 93-443, set out as a note under section 431 of this title. Effective Date. Section effective sixty days after Feb. 7, 1972, see section 406 of Pub.L. 92-225, set out as a note under section 431 of this title. Legislative History. For legislative history and purpose of Pub.L. 92-225, see 1972 U.S.Code Cong. and Adm.News, p. 1773. See, also, Pub.L. 93-443, 1974 U.S. Code Cong. and Adm. News, p. 5587; Pub. L. 94-283, 1976 U.S.Code Cong. and Adm. News, p. 929. 1. Constitutionality Former requirements of subsec. (c) (2) of this section and of sections 434(b) (2) and 438(a) (4) of this title that political committees keep records of the names and addresses of those who made contributions in excess of $10 and also record the occupation and principal place of business of those whose contributions to a committee or candidate aggregated more than $100 and to include records relative to $100 contributors in reports filed with the Federal Election Commission and made available for public inspection were rational even though Congress might have chosen higher thresholds. Buckley v. Valeo, Dist.Col. 1976, 96 S.Ct. 612. Congress, when establishing the threshold at which contributions to campaigns had to be reported, was not required to choose the highest reasonable threshold. Id. § 433. Registration of political committees Statements of organization (a) Each political committee which anticipates receiving contributions or making expenditures during the calendar year in an aggregate amount exceeding $1,000 shall file with the Commission a statement of organization, within ten days after its organization or, if later, ten days after the date on which it has information which causes the committee to anticipate it will receive contributions or make expenditures in excess of $1,000. Each such committee in existence at the date of enactment of this Act shall file a statement of organization with the Commission at such time as it prescribes. Contents of statements (b) The statement of organization shall include (1) the name and address of the committee; (2) the names, addresses, and relationships of affiliated or con nected organizations; (3) the area, scope, or jurisdiction of the committee; (4) the name, address, and position of the custodian of books and accounts; (5) the name, address, and position of other principal officers, including officers and members of the finance committee, if any; (6) the name, address, office sought, and party affiliation of (A) each candidate whom the committee is supporting, and (B) any other individual, if any, whom the committee is supporting for nomination for election, or election, to any public office whatever; or, if the committee is supporting the entire ticket of any party, the name of the party; (7) a statement whether the committee is a continuing one; (8) the disposition of residual funds which will be made in the event of dissolution; (9) a listing of all banks, safety deposit boxes, or other repositories used; (10) a statement of the reports required to be filed by the committee with State or local officers, and, if so, the names, addresses, and positions of such persons; and (11) such other information as shall be required by the Commission. Information changes; report (c) Any change in information previously submitted in a statement of organization shall be reported to the Commission within a ten-day period following the change. Disbanding of political committees or contributions and expenditures (d) Any committee which, after having filed one or more statements of organization, disbands or determines it will no longer receive contributions to make expenditures during the calendar year in an aggregate amount exceeding $1,000 shall so notify the Commission. Filing reports and notifications with appropriate principal (e) In the case of a political committee which is not a principal campaign committee, reports and notifications required under this section to be filed with the Commission shall be filed instead with the appropriate principal campaign committee. Pub.L. 92-225, Title III, § 303, Feb. 7, 1972, 86 Stat. 14, amended Pub. L. 93-443, Title II, §§ 203, 208(c) (3), Oct. 15, 1974, 88 Stat. 1276, 1286. References in Text. Date of enactment of this Act, referred to in subsec. (a), means Feb. 7, 1972, the date on which Pub.L. 92-225 was enacted into law. 1974 Amendment. Pub.L. 93-443, $ 208(c) (3) (A), substituted "Commission" for "supervisory officer" wherever appearing in subsecs. (a) to (d). Subsec. (a). Pub. L. 93-443, § 208 (c) (3) (B), substituted "it prescribes" for "he prescribes". Subsec. (e). Pub.L. 93-443, § 203, added subsec. (e). Effective Date of 1974 Amendment. Amendment by Pub. L. 93-443 effective Jan. 1, 1975, see section 410(a) of Pub.L. 93-443, set out as a note under section 431 of this title. Effective Date. Section effective sixty days after Feb. 7, 1972, see section 406 of Pub.L. 92-225, set out as a note under section 431 of this title. Legislative History. For legislative history and purpose of Pub. L. 92-225, see 1972 U.S.Code Cong. and Adm.News, p. 1773. See, also, Pub. L. 93-443, 1974 U. S.Code Cong. and Adm.News, p. 5587. § 434. Reports by political committees and candidates-Receipts and expenditures; completion date, exception (a) (1) Except as provided by paragraph (2), each treasurer of a political committee supporting a candidate or candidates for election to Federal office, and each candidate for election to such office, shall file with the Commission reports of receipts and expenditures on forms to be prescribed or approved by it. The reports referred to in the preceding sentence shall be filed as follows: (A) (i) In any calendar year in which an individual is a candidate for Federal office and an election for such Federal office is held in such year, such reports shall be filed not later than the tenth day before the date on which such election is held and shall |