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

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