[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5374 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5374
To amend the Federal Election Campaign Act of 1971 to ban soft money,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2006
Mr. Linder introduced the following bill; which was referred to the
Committee on House Administration
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to ban soft money,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ban it All, Ban it Now Act''.
SEC. 2. EXPANSION OF CURRENT BAN ON USE OF SOFT MONEY BY POLITICAL
PARTIES AND CANDIDATES.
(a) In General.--Section 323 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441i) is amended to read as follows:
``SEC. 323. SOFT MONEY OF POLITICAL PARTIES.
``(a) National Committees.--
``(1) In general.--A national committee of a political
party (including a national congressional or Senatorial
campaign committee of a political party) may not solicit,
receive, or direct to another person a contribution, donation,
or transfer of funds or any other thing of value, or spend any
funds, that are not subject to the limitations, prohibitions,
and reporting requirements of this Act.
``(2) Applicability.--The prohibition established by
paragraph (1) applies--
``(A) to any such national committee, any officer
or agent acting on behalf of such a national committee,
and any entity that is directly or indirectly
established, financed, maintained, or controlled by
such a national committee; and
``(B) to all activities of such committee and the
persons described in subparagraph (A), including the
construction or purchase of an office building or
facility, the influencing of the reapportionment
decisions of a State, and the financing of litigation
relating to the reapportionment decisions of a State.
``(b) State, District, and Local Committees.--Any amount that is
expended or disbursed for Federal election activity by a State,
district, or local committee of a political party (including an entity
that is directly or indirectly established, financed, maintained, or
controlled by a State, district, or local committee of a political
party and an officer or agent acting on behalf of such committee or
entity), or by an association or similar group of candidates for State
or local office or individuals holding State or local office, shall be
made from funds subject to the limitations, prohibitions, and reporting
requirements of this Act.
``(c) Fundraising Costs.--An amount spent by a person described in
subsection (a) or (b) to raise funds that are used, in whole or in
part, for expenditures and disbursements for a Federal election
activity shall be made from funds subject to the limitations,
prohibitions, and reporting requirements of this Act.
``(d) Tax-Exempt Organizations.--A national, State, district, or
local committee of a political party (including a national
congressional or Senatorial 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 the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code (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 Code
(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 315(a);
and
``(ii) are not from sources prohibited by
this Act from making contributions in
connection with an election for Federal office.
``(2) State law.--Paragraph (1) does not apply to the
solicitation, receipt, or spending of funds by an individual
described in such paragraph who is also a candidate for a State
or local office solely in connection with such election for
State or local office if the solicitation, receipt, or spending
of funds is permitted under State law and refers only to such
State or local candidate, or to any other candidate for the
State or local office sought by such candidate, or both.
``(3) Fundraising events.--Notwithstanding paragraph (1), a
candidate or an individual holding Federal office may attend,
speak, or be a featured guest at a fundraising event for a
State, district, or local committee of a political party.
``(4) Limitation applicable for purposes of solicitation of
donations by individuals to certain organizations.--In the case
of the solicitation of funds by any person described in
paragraph (1) on behalf of any entity described in subsection
(d) which is made specifically for funds to be used for
activities described in clauses (i) and (ii) of section
301(20)(A), or made for any such entity which engages primarily
in activities described in such clauses, the limitation
applicable for purposes of a donation of funds by an individual
shall be the limitation set forth in section 315(a)(1)(D).
``(f) State Candidates.--
``(1) In general.--A candidate for State or local office,
individual holding State or local office, or an agent of such a
candidate or individual may not spend any funds for a
communication described in section 301(20)(A)(iii) unless the
funds are subject to the limitations, prohibitions, and
reporting requirements of this Act.
``(2) Exception for certain communications.--Paragraph (1)
shall not apply to an individual described in such paragraph if
the communication involved is in connection with an election
for such State or local office and refers only to such
individual or to any other candidate for the State or local
office held or sought by such individual, or both.''.
(b) Conforming Certain Definitions.--
(1) Federal election activity.--Section 301(20) of such Act
(2 U.S.C. 431) is amended to read as follows:
``(20) Federal election activity.--
``(A) In general.--The term `Federal election
activity' means--
``(i) voter registration activity;
``(ii) voter identification, get-out-the-
vote activity, or generic campaign activity
conducted in connection with an election in
which a candidate for Federal office appears on
the ballot (regardless of whether a candidate
for State or local office also appears on the
ballot); or
``(iii) a public communication that refers
to a clearly identified candidate for Federal
office (regardless of whether a candidate for
State or local office is also mentioned or
identified) and that promotes or supports a
candidate for that office, or attacks or
opposes a candidate for that office (regardless
of whether the communication expressly
advocates a vote for or against a candidate).
``(B) Excluded activity.--The term `Federal
election activity' does not include an amount expended
or disbursed by a State, district, or local committee
of a political party for--
``(i) a public communication that refers
solely to a clearly identified candidate for
State or local office, if the communication is
not a Federal election activity described in
subparagraph (A)(i) or (ii);
``(ii) a contribution to a candidate for
State or local office, provided the
contribution is not designated or used to pay
for a Federal election activity described in
subparagraph (A); or
``(iii) the costs of grassroots campaign
materials, including buttons, bumper stickers,
and yard signs, that name or depict only a
candidate for State or local office.''.
(2) Mass mailing.--Section 301(23) of such Act (2 U.S.C.
431(23)) is amended by striking ``30-day period'' and inserting
``1-year period''.
(3) Telephone bank.--Section 301(24) of such Act (2 U.S.C.
431(24)) is amended by striking ``30-day period'' and inserting
``1-year period''.
SEC. 3. BAN ON USE OF SOFT MONEY BY CORPORATIONS AND LABOR
ORGANIZATIONS FOR NONPARTISAN VOTER REGISTRATION AND GET-
OUT-THE-VOTE ACTIVITIES.
Section 316(b)(2) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441b(b)(2)) is amended by striking ``(B) nonpartisan
registration and get-out-the-vote campaigns'' and all that follows
through ``and (C)'' and inserting ``and (B)''.
SEC. 4. BAN ON USE OF SOFT MONEY FOR GET-OUT-THE-VOTE ACTIVITIES BY
CERTAIN ORGANIZATIONS.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by adding at the end the following new section:
``ban on use of nonfederal funds for get-out-the-vote activities by
certain organizations
``Sec. 325. (a) In General.--Any amount expended or disbursed for
get-out-the-vote activities by any organization described in subsection
(b) shall be made from amounts subject to the limitations,
prohibitions, and reporting requirements of this Act.
``(b) Organizations Described.--An organization described in this
subsection is--
``(1) an organization that is described in section
501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such Code (or has
submitted an application for determination of tax exempt status
under such section); or
``(2) an organization described in section 527 of such Code
(other than a State, district, or local committee of a
political party, a candidate for State or local office, or the
authorized campaign committee of a candidate for State or local
office).''.
SEC. 5. BAN ON USE OF SOFT MONEY FOR ANY PARTISAN VOTER REGISTRATION
ACTIVITIES.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.), as amended by section 4, is further amended by adding at
the end the following new section:
``ban on use of nonfederal funds for partisan voter registration
activities
``Sec. 326. No person may expend or disburse any funds for
partisan voter registration activity which are not subject to the
limitations, prohibitions, and reporting requirements of this Act.''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
elections occurring after December 2006.
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