identified federal candidate and, in the case of a candidate
for the United States House or Senate, is targeted to the
relevant electorate. 52 U.S.C § 30104(f)(3). This term
refers mostly to “issue ads,” communications that suggest
support for a federal candidate but do not contain words of
express advocacy, such as “vote for” or “elect.” Because
these communications do not contain words of “express
advocacy,” they are generally not “expenditures,” unless,
as discussed below, a provision of the Act expressly
deems them such. However, if they exceed $10,000 in a
calendar year, they must be reported. § 30104(f)(4).
• “federal election activity” – activity by state or local
political party committees that simultaneously benefits
federal and non-federal candidates, such as get-out-thevote and voter registration drives. § 30101(20). As
discussed below, these activities can no longer be paid for
with “soft money,” but must be paid for with funds raised
in compliance with the Act. 52 U.S.C. § 30125.
With
two
exceptions
relating
to
electioneering
communications, the nouns describing the payment for
“electioneering communications” and “federal election activity” is
generally “disbursement” – not “expenditure” or “contribution.”
This distinction is critical, as “disbursements” are not covered by
FECA’s criminal penalty, which is confined to violations that involve
a “contribution, donation, or expenditure.” § 30109(d)(1). Therefore
most violations
of provisions involving “electioneering
communications” and “federal election activity” fall exclusively
within the civil enforcement jurisdiction of the Federal Election
Commission.
127
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