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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