{ "id": "R45320", "type": "CRS Report", "typeId": "R", "number": "R45320", "active": true, "source": "CRSReports.Congress.gov, EveryCRSReport.com", "versions": [ { "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=R45320", "source_dir": "crsreports.congress.gov", "date": "2023-05-17", "typeId": "R", "formats": [ { "format": "PDF", "filename": "files/2023-05-17_R45320_50a7aeb5cc1a343ac9af13b152afd6a61a891337.pdf", "url": "https://crsreports.congress.gov/product/pdf/R/R45320/5", "sha1": "50a7aeb5cc1a343ac9af13b152afd6a61a891337" }, { "format": "HTML", "filename": "files/2023-05-17_R45320_50a7aeb5cc1a343ac9af13b152afd6a61a891337.html" } ], "type": "CRS Report", "summary": null, "title": "Campaign Finance Law: An Analysis of Key Issues, Recent Developments, and Constitutional Considerations for Legislation", "retrieved": "2023-06-14T04:06:04.113924", "source": "CRSReports.Congress.gov", "id": "R45320_5_2023-05-17" }, { "source": "EveryCRSReport.com", "id": 585723, "date": "2018-09-24", "retrieved": "2018-10-01T13:22:48.376345", "title": "Campaign Finance Law: An Analysis of Key Issues, Recent Developments, and Constitutional Considerations for Legislation", "summary": "Federal campaign finance law is composed of a complex set of limits, restrictions, and requirements on money and other things of value that are spent or contributed in the context of federal elections. While the Federal Election Campaign Act (FECA, or Act) sets forth the statutory provisions governing this area of law, several Supreme Court and lower court rulings have had a significant impact on the Act\u2019s regulatory scope. Most notably, since 2003, a series of Supreme Court decisions has invalidated several FECA provisions that were enacted as part of the Bipartisan Campaign Reform Act of 2002 (BCRA), and in 2010, the Court invalidated a long-standing prohibition on independent expenditures funded from the treasuries of corporations and labor unions. Generally, the Court has overturned such provisions as unconstitutional violations of First Amendment guarantees of free speech.\nAs a foundational matter, FECA distinguishes between a contribution and an expenditure: a contribution involves giving money to an entity, such as a candidate\u2019s campaign committee, while an expenditure involves spending money directly for advocacy of the election or defeat of a candidate. Generally, the Supreme Court has upheld limits on contributions, while invalidating limits on expenditures. FECA regulates campaigns in three primary ways: contribution limits, source restrictions, and disclosure and disclaimer requirements.\nContribution Limits\nContribution limits refer to how much a donor can contribute as well as how they can contribute. Contribution limits include specific limits on how much money a donor may contribute to a candidate, party, and political committee, which are known as base limits. FECA also provides for related restrictions, including the ban on contributions made through a conduit; the ban on converting campaign contributions for personal use; and the treatment of communications a donor makes in coordination with a candidate or party as contributions. While the Supreme Court has generally upheld base limits, the Court has struck down FECA\u2019s aggregate limits, which capped the total amount of money a donor could contribute to all candidates, parties, and political committees; limits on contributions to candidates whose opponents self-finance; and limits on contributions by minors. In addition, based on Supreme Court precedent, an appellate court ruling provided the legal underpinning for the establishment of super PACs. \nSource Restrictions\nFECA contains several bans, referred to as source restrictions, on who may make campaign contributions. Source restrictions include the ban on corporate and labor union campaign contributions directly from treasury funds\u2014although the Supreme Court has held that limits on corporate and labor union independent spending are unconstitutional, the Court has upheld limits on contributions. Source restrictions also include the ban on federal contractor contributions\u2014known as the \u201cpay-to-play\u201d prohibition\u2014which the U.S. Court of Appeals for the D.C. Circuit upheld against a First Amendment challenge in 2015; the ban on foreign national contributions and expenditures; and the restrictions on foreign national involvement in U.S. campaigns.\nDisclaimer and Disclosure Requirements\nFECA also sets forth disclaimer and disclosure requirements. FECA\u2019s disclaimer requirements mandate that statements of attribution appear directly on campaign-related communications. FECA\u2019s disclosure requirements mandate that political committees register with the Federal Election Commission (FEC) and comply with periodic reporting requirements. In addition, the law requires other entities\u2014such as labor unions and corporations, including incorporated organizations that are tax-exempt under Section 501(c)(4) of the Internal Revenue Code\u2014that make independent expenditures or electioneering communications to disclose information to the FEC. Generally, the Supreme Court has upheld the constitutionality of disclaimer and disclosure requirements against First Amendment challenges as substantially related to the governmental interest of safeguarding the integrity of the electoral process by promoting transparency and accountability.\nCriminal Penalties\nFor knowing and willful violations of any provision of the Act, FECA sets forth criminal penalties, including specific penalties for violations of the prohibition on contributions made through a conduit. In most instances, the U.S. Department of Justice initiates the prosecution of criminal violations of FECA, but the law also provides that the FEC may refer an apparent violation to the Justice Department for criminal prosecution under certain circumstances.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R45320", "sha1": "59b110cdf7bf70c8254ab860ae6a06da2d23bbd9", "filename": "files/20180924_R45320_59b110cdf7bf70c8254ab860ae6a06da2d23bbd9.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R45320", "sha1": "ac77ac7cb0a7621294abad20a01c66266970bd65", "filename": "files/20180924_R45320_ac77ac7cb0a7621294abad20a01c66266970bd65.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4745, "name": "Campaign Finance" }, { "source": "IBCList", "id": 4785, "name": "Supreme Court Jurisprudence" } ] } ], "topics": [ "Constitutional Questions", "Intelligence and National Security" ] }