candidate or political party for the purpose of soliciting
contributions or donations. 60
Unlike all other FECA violations, violations of Section 30124
may be prosecuted without regard to the sum of money involved. 52
U.S.C. § 30109(d)(1)(C). Violations that involve amounts under
$25,000 are one-year misdemeanors and violations involving $25,000
or more are five-year felonies. 52 U.S.C. § 30109(d)(1)(A).
(i) 52 U.S.C. § 30125: Soft money of political parties
Section 30125, the so-called “soft money ban” enacted by
BCRA in 2002, was designed to eliminate unregulated “soft money”
from the federal election campaign process. It has several clear
features that are enforceable through FECA’s criminal penalty.
Section 30125(a)
Section 30125(a) provides that a “national committee of a
political party (including a national congressional campaign
committee of a political party),” an agent of such a national
committee, and any entity that is established, financed, or controlled by
such a national committee, may not “solicit, receive, or direct to
another person” any “contribution, donation, or transfer of funds,” or
spend any funds, that are not subject to the limits and prohibitions of
FECA. 61 Such funds would include contributions that exceed the
60
Violations of Section 30124(b) involving fraudulent fundraising that are
accomplished through the use of the mails or interstate wires may also be prosecuted
as fraud offenses under 18 U.S.C. §§ 1341 or 1343.
At the time this book was written, the following six committees were subject
to this prohibition: the Republican National Committee, the Democratic National
Committee, the National Republican Senatorial Committee, the Democratic
Senatorial Campaign Committee, the National Republican Congressional Committee,
61
144
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