BCRA and is defined broadly to include any activity that benefits both
federal and non-federal candidates. 52 U.S.C. § 30101(20).
Examples of “federal election activity” include get-out-the-vote
efforts, voter registration drives, and generic public communications
that simultaneously benefit a political party’s federal and non-federal
candidates, such as, “vote for the Democratic [or Republican] Party.”
Prior to BCRA, the FEC permitted “generic” expenses such as
those noted above to be allocated between federal and non-federal
candidates, requiring that only the portion of their cost that was
attributed to the promotion of federal candidates be paid from “hard
money.” This allocation process proved to be both weak and
unenforceable. By enacting Section 30125, Congress rejected the
FEC’s allocation rules, and plugged this loophole by statutorily
deeming all such “generic” activities around federal elections
by state and local party committees to be entirely “federal” in nature,
thus requiring that they be financed entirely from “hard money,” i.e.,
money raised in compliance with FECA. The following year, the
Supreme Court upheld this extension of FECA’s coverage as a
constitutional legislative effort to avoid circumvention of the Act.
McConnell v. Fed. Election Comm’n, 540 U.S. 93 (2003). Thus, if an
agent of a state political party committee knowingly and willfully uses
“soft money” to pay for “generic” party advertisements, the agent would
be in violation of 30125(b).
Section 30125(b) does not cover state and local political party
communications that refer entirely to non-federal candidates. The
statute also does not apply to expenditures or disbursements for
generic get-out-the-vote or voter registration drives that are paid from a
special fund that the Act permits state and local party committees to
maintain. These special accounts – called “Levin” accounts after the
Senator who sponsored this provision – may raise up to $10,000 from
individual contributors, provided that national party committees, state
party committees acting jointly, and, with narrow exceptions, federal
146
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents