candidates and officeholders are not involved in the solicitation of
such funds. 52 U.S.C. § 30125(b)(2)(C) & (e)(3).
Section 30125(d)
Section 30125(d) prohibits any national, state, or local
committee of a political party, as well as agents thereof, from
soliciting, making, or directing any contribution or donation to any
organization that is exempt from federal taxation under the provisions of
26 U.S.C. §§ 501 or 527, if said tax-exempt organizations have made
expenditures or disbursements to fund “federal election activities.”
Again, these include primarily “generic” expenses such as paying for
get-out-the-vote or voter registration drives, or public communications
that benefit simultaneously both federal and non-federal candidates.
This far-reaching prohibition was also upheld in McConnell as a
necessary measure to prevent evasion of the ban on the use of soft
money in federal campaigns
Section 30125(e)
Finally, Section 30125(e) addresses what are commonly known
as “leadership PACs.” Prior to BCRA, these PACs were established
and controlled by a federal candidate or officeholder to raise funds for
candidates at the federal, state, and local levels in the expectation that
such activities would also enhance the candidate’s or officeholder’s
own political power. Specifically, Section 30125(e) provides that a
federal candidate or officeholder, or an entity controlled by such a
person, may not “solicit, receive, direct, transfer, or spend” funds
raised in violation of FECA’s limitations and prohibitions in
connection with the election of any candidate for federal, state, or
local elective office. § 30125(e)(1). The statute contains an exception
for a federal candidate or officeholder who is also running
simultaneously for a state or local office, which permits the candidate to
solicit, receive, or spend “soft money” on behalf of his or her nonfederal election campaign, provided that the transactions are
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