U.S Code last checked for updates: Jun 21, 2024
§ 30125.
Soft money of political parties
(a)
National committees
(1)
In general
(2)
Applicability
(b)
State, district, and local committees
(1)
In general
(2)
Applicability
(A)
In general
Notwithstanding clause (i) or (ii) of section 30101(20)(A) of this title, and subject to subparagraph (B), paragraph (1) shall not apply to any amount expended or disbursed by a State, district, or local committee of a political party for an activity described in either such clause to the extent the amounts expended or disbursed for such activity are allocated (under regulations prescribed by the Commission) among amounts—
(i)
which consist solely of contributions subject to the limitations, prohibitions, and reporting requirements of this Act (other than amounts described in subparagraph (B)(iii)); and
(ii)
other amounts which are not subject to the limitations, prohibitions, and reporting requirements of this Act (other than any requirements of this subsection).
(B)
Conditions
Subparagraph (A) shall only apply if—
(i)
the activity does not refer to a clearly identified candidate for Federal office;
(ii)
the amounts expended or disbursed are not for the costs of any broadcasting, cable, or satellite communication, other than a communication which refers solely to a clearly identified candidate for State or local office;
(iii)
the amounts expended or disbursed which are described in subparagraph (A)(ii) are paid from amounts which are donated in accordance with State law and which meet the requirements of subparagraph (C), except that no person (including any person established, financed, maintained, or controlled by such person) may donate more than $10,000 to a State, district, or local committee of a political party in a calendar year for such expenditures or disbursements; and
(iv)
the amounts expended or disbursed are made solely from funds raised by the State, local, or district committee which makes such expenditure or disbursement, and do not include any funds provided to such committee from—
(I)
any other State, local, or district committee of any State party,
(II)
the national committee of a political party (including a national congressional campaign committee of a political party),
(III)
any officer or agent acting on behalf of any committee described in subclause (I) or (II), or
(IV)
any entity directly or indirectly established, financed, maintained, or controlled by any committee described in subclause (I) or (II).
(C)
Prohibiting involvement of national parties, Federal candidates and officeholders, and State parties acting jointly
Notwithstanding subsection (e) (other than subsection (e)(3)), amounts specifically authorized to be spent under subparagraph (B)(iii) meet the requirements of this subparagraph only if the amounts—
(i)
are not solicited, received, directed, transferred, or spent by or in the name of any person described in subsection (a) or (e); and
(ii)
are not solicited, received, or directed through fundraising activities conducted jointly by 2 or more State, local, or district committees of any political party or their agents, or by a State, local, or district committee of a political party on behalf of the State, local, or district committee of a political party or its agent in one or more other States.
(c)
Fundraising costs
(d)
Tax-exempt organizations
A national, State, district, or local committee of a political party (including a national congressional campaign committee of a political party), an entity that is directly or indirectly established, financed, maintained, or controlled by any such national, State, district, or local committee or its agent, and an officer or agent acting on behalf of any such party committee or entity, shall not solicit any funds for, or make or direct any donations to—
(1)
an organization that is described in section 501(c) of title 26 and exempt from taxation under section 501(a) of such title (or has submitted an application for determination of tax exempt status under such section) and that makes expenditures or disbursements in connection with an election for Federal office (including expenditures or disbursements for Federal election activity); or
(2)
an organization described in section 527 of such title (other than a political committee, a State, district, or local committee of a political party, or the authorized campaign committee of a candidate for State or local office).
(e)
Federal candidates
(1)
In general
A candidate, individual holding Federal office, agent of a candidate or an individual holding Federal office, or an entity directly or indirectly established, financed, maintained or controlled by or acting on behalf of 1 or more candidates or individuals holding Federal office, shall not—
(A)
solicit, receive, direct, transfer, or spend funds in connection with an election for Federal office, including funds for any Federal election activity, unless the funds are subject to the limitations, prohibitions, and reporting requirements of this Act; or
(B)
solicit, receive, direct, transfer, or spend funds in connection with any election other than an election for Federal office or disburse funds in connection with such an election unless the funds—
(i)
are not in excess of the amounts permitted with respect to contributions to candidates and political committees under paragraphs (1), (2), and (3) of section 30116(a) of this title; and
(ii)
are not from sources prohibited by this Act from making contributions in connection with an election for Federal office.
(2)
State law
(3)
Fundraising events
(4)
Permitting certain solicitations
(A)
General solicitations
(B)
Certain specific solicitations
In addition to the general solicitations permitted under subparagraph (A), an individual described in paragraph (1) may make a solicitation explicitly to obtain funds for carrying out the activities described in clauses (i) and (ii) of section 30101(20)(A) of this title, or for an entity whose principal purpose is to conduct such activities, if—
(i)
the solicitation is made only to individuals; and
(ii)
the amount solicited from any individual during any calendar year does not exceed $20,000.
(f)
State candidates
(1)
In general
(2)
Exception for certain communications
(Pub. L. 92–225, title III, § 323, as added Pub. L. 107–155, title I, § 101(a), Mar. 27, 2002, 116 Stat. 82.)
cite as: 52 USC 30125