United States
| Question | Value |
|---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Source
Paragraph 441e: (a) It shall be unlawful for— (1) a foreign national, directly or indirectly, to make— (A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election; (B) a contribution or donation to a committee of a political party; or (C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3)) (2 U.S.C. § 434(f)(3)). United States Code, Title 2, The Congress. |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Source
Paragraph 441e: (a) It shall be unlawful for— (1) a foreign national, directly or indirectly, to make— (A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election; (B) a contribution or donation to a committee of a political party; or (C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3)) (2 U.S.C. § 434(f)(3)). United States Code, Title 2, The Congress. |
3. Is there a ban on corporate donations to political parties? |
Code
Yes
Comment
Corporations and unions cannot make direct contributions to parties and federal candidates, but they can make contributions through a PAC, subject to limitations. Source
Paragraph 441b (a) It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expenditure in connection with any election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization, to make a contribution or expenditure in connection with any election at which presidential and vice presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to, Congress are to be voted for, or in connection with any primary election or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this section, or any officer or any director of any corporation or any national bank or any officer of any labor organization to consent to any contribution or expenditure by the corporation, national bank, or labor organization, as the case may be, prohibited by this section. United States Code, Title 2, The Congress. |
4. Is there a ban on corporate donations to candidates? |
Code
Yes
Comment
Corporations and unions cannot make direct contributions to parties and federal candidates, but they can make contributions through a PAC, subject to limitations. Source
Paragraph 441b (a) It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expenditure in connection with any election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization, to make a contribution or expenditure in connection with any election at which presidential and vice presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to, Congress are to be voted for, or in connection with any primary election or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this section, or any officer or any director of any corporation or any national bank or any officer of any labor organization to consent to any contribution or expenditure by the corporation, national bank, or labor organization, as the case may be, prohibited by this section. United States Code, Title 2, The Congress. |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
Yes
Source
Paragraph 441b (a) It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expenditure in connection with any election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization, to make a contribution or expenditure in connection with any election at which presidential and vice presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to, Congress are to be voted for, or in connection with any primary election or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this section, or any officer or any director of any corporation or any national bank or any officer of any labor organization to consent to any contribution or expenditure by the corporation, national bank, or labor organization, as the case may be, prohibited by this section. United States Code, Title 2, The Congress. |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
Yes
Source
Paragraph 441b (a) It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expenditure in connection with any election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization, to make a contribution or expenditure in connection with any election at which presidential and vice presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to, Congress are to be voted for, or in connection with any primary election or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person knowingly to accept or receive any contribution prohibited by this section, or any officer or any director of any corporation or any national bank or any officer of any labor organization to consent to any contribution or expenditure by the corporation, national bank, or labor organization, as the case may be, prohibited by this section. United States Code, Title 2, The Congress. |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Comment
No anonymous contributions in excess of $50 may be accepted by any candidate or candidate’s political committee. Source
Paragraph 432(c) (2)The treasurer of a political committee shall keep an account of the name and address of any person who makes any contribution in excess of $50, together with the date and amount of such contribution by any person. United States Code, Title 2, The Congress. |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
No anonymous contributions in excess of $50 may be accepted by any candidate or candidate’s political committee. Source
Paragraph 432(c) (2)The treasurer of a political committee shall keep an account of the name and address of any person who makes any contribution in excess of $50, together with the date and amount of such contribution by any person. United States Code, Title 2, The Congress. |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
Yes
Comment
It is prohibited for any person who enters into any contract with the United States or any department or agency thereof, entailing the provision of goods and/or services to the federal government to make any contribution to any political party, committee or candidate in connection with a federal election. GRECO (2011), Evaluation Report on the United States of America Transparency of Party Funding (Theme II), p.14. Source
Paragraph 441c (a) It shall be unlawful for any person— (1) Who enters into any contract with the United States or any department or agency thereof either for the rendition of personal services or furnishing any material, supplies, or equip ment to the United States or any department or agency thereof or for selling any land or building to the United States or any department or agency thereof, if payment for the performance of such contract or payment for such material, supplies, equipment, land, or building is to be made in whole or in part from funds appropriated by the Congress, at any time between the com mencement of negotiations for the later of (A) the comple tion of performance under; or (B) the termination of negotiations for, such contract or furnishing of material, supplies, equipment, land, or buildings, directly or indirectly to make any contribution of money or other things of value, or to promise expressly or impliedly to make any such contribution to any political party, committee, or candidate for public office or to any person for any political purpose or use; or (2) knowingly to solicit any such contribution from any such person for any such purpose during any such period. United States Code, Title 2, The Congress. |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
Yes
Comment
It is prohibited for any person who enters into any contract with the United States or any department or agency thereof, entailing the provision of goods and/or services to the federal government to make any contribution to any political party, committee or candidate in connection with a federal election. GRECO (2011), Evaluation Report on the United States of America Transparency of Party Funding (Theme II), p.14. Source
Paragraph 441c (a) It shall be unlawful for any person— (1) Who enters into any contract with the United States or any department or agency thereof either for the rendition of personal services or furnishing any material, supplies, or equip ment to the United States or any department or agency thereof or for selling any land or building to the United States or any department or agency thereof, if payment for the performance of such contract or payment for such material, supplies, equipment, land, or building is to be made in whole or in part from funds appropriated by the Congress, at any time between the com mencement of negotiations for the later of (A) the comple tion of performance under; or (B) the termination of negotiations for, such contract or furnishing of material, supplies, equipment, land, or buildings, directly or indirectly to make any contribution of money or other things of value, or to promise expressly or impliedly to make any such contribution to any political party, committee, or candidate for public office or to any person for any political purpose or use; or (2) knowingly to solicit any such contribution from any such person for any such purpose during any such period. United States Code, Title 2, The Congress. |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Comment
It is prohibited for any person who enters into any contract with the United States or any department or agency thereof, entailing the provision of goods and/or services to the federal government to make any contribution to any political party, committee or candidate in connection with a federal election. GRECO (2011), Evaluation Report on the United States of America Transparency of Party Funding (Theme II), p.14 Source
Paragraph 441c (a), United States Code, Title 2, The Congress. |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Comment
It is prohibited for any person who enters into any contract with the United States or any department or agency thereof, entailing the provision of goods and/or services to the federal government to make any contribution to any political party, committee or candidate in connection with a federal election. GRECO (2011), Evaluation Report on the United States of America Transparency of Party Funding (Theme II), p.14. Source
Paragraph 441c (a), United States Code, Title 2, The Congress. |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Source
Paragraph 452 No part of any funds appropriated to carry out the Economic Opportunity Act of 1964 (42 U.S.C. § 2701 et seq.) shall be used to finance, directly or indirectly, any activity designed to influence the outcome of any election to Federal office, or any voter registration activity, or to pay the salary of any officer or employee of the Office of Economic Opportunity who, in his official capacity as such an officer or employee, engages in any such activity. United States Code, Title 2, The Congress. |
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period? |
Code
Yes, for natural persons
Comment
See the FEC’s full breakdown on contribution limits: https://transition.fec.gov/info/contriblimitschart1718.pdf
|
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit? |
Code
There are different limits depending on the type of donor.
Comment
See the FEC’s full breakdown on contribution limits: https://transition.fec.gov/info/contriblimitschart1718.pdf |
16. Is there a limit on the amount a donor can contribute to a political party during an election? |
Code
Yes, for natural persons
Comment
Spending limits for individual donors are: U.S. Presidential Candidates- $2,800 per election to each candidate. U.S. House and Senate candidates- $2,800 per election to each candidate. Federal PACs- $5,000 per year to each PAC. National Party Committees- $35,500 per year to each national party committee. State and Local Party Committees- Combined $10,000 limit for party committees in each state. See the FEC’s full breakdown on contribution limits: https://www.fec.gov/resources/cms-content/documents/contribution_limits_chart_2019-2020.pdf Source
https://www.fec.gov/resources/cms-content/documents/contribution_limits_chart_2019-2020.pdf |
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit? |
Code
Not applicable
|
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for natural persons
Comment
See the FEC’s full breakdown on contribution limits: https://transition.fec.gov/info/contriblimitschart1718.pdf |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
There are different limits depending on the type of donor.
Comment
See the FEC’s full breakdown on contribution limits: https://transition.fec.gov/info/contriblimitschart1718.pdf |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
No
|
21. Is there a limit on in-kind donations to political parties? |
Code
Yes
Comment
Regular limits apply. Source
The monetary value of an in-kind contribution is subject to the same limits as monetary contributions. Their value is determined at normal commercial purchase, rental etc price. In accordance with 11 CFR 100.52(a) and (d), in-kind contributions include: goods and services offered free of charge (such as equipment and facilities); goods and services offered at less than the usual and normal charge; payments by a third party of committee bills; and advances of personal funds. GRECO (2011), Evaluation Report on the United States of America Transparency of Party Funding (Theme II), p.11. |
22. Is there a limit on in-kind donations to candidates? |
Code
Yes
Comment
Regular limits apply. Source
The monetary value of an in-kind contribution is subject to the same limits as monetary contributions. Their value is determined at normal commercial purchase, rental etc price. In accordance with 11 CFR 100.52(a) and (d), in-kind contributions include: goods and services offered free of charge (such as equipment and facilities); goods and services offered at less than the usual and normal charge; payments by a third party of committee bills; and advances of personal funds. GRECO (2011), Evaluation Report on the United States of America Transparency of Party Funding (Theme II), p.11. |
23. Is there a ban on political parties engaging in commercial activities? |
Code
No
|
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Comment
For more information, see paragraphs 53 to 57of GRECO (2011), Evaluation Report on the United States of America Transparency of Party Funding (Theme II), p.12. |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
Sometimes
Source
Specific additional record keeping requirements apply to loans received from a lending institution and those obtained for a campaign by the candidate (11 Code of Federal Regulations 104.14(b)(4). Added to these specific requirements for individual transactions, the implementing regulations require each person obliged to file disclosure reports to maintain records to allow those reports to be verified, explained, clarified and checked for accuracy and completeness. Examples of such records include bank account statements, vouchers, worksheets, receipts, bills and accounts. GRECO (2011), Evaluation Report on the United States of America Transparency of Party Funding (Theme II), p.18. |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No data
|
27. Are there provisions requiring donations to go through the banking system? |
Code
Yes
Source
Paragraph 432, United States Code, Title 2, The Congress. |
| Question | Value |
|---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, in relation to campaigns
Comment
At the federal level, public funding is available only in connection with presidential elections. Presidential public funding is provided for qualifying party nominating conventions, presidential general election candidates and presidential primary election candidates in that order of priority. All public funding is voluntary and some candidates choose not to participate. Source
The public funding programme is contained in Paragraphs 9001 to 9042, United States Code, Title 26, Internal Revenue Code. |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Comment
Partial public funding is available to Presidential primary candidates in the form of matching payments. The federal government will match up to $250 of an individual's total contributions to an eligible candidate. Each major political party is entitled to $4 million (plus cost-of-living adjustments) to finance its national Presidential nominating convention. A qualified minor party may become eligible for partial convention funding based on its Presidential candidate's share of the popular vote in the preceding Presidential election. The Presidential nominee of each major party may become eligible for a public grant of $20 million (plus a cost-of-living adjustment) for campaigning in the general election. To be eligible to receive the public funds, the candidate must limit spending to the amount of the grant and may not accept private contributions for the campaign. See FEC's website: https://transition.fec.gov/pages/brochures/pubfund.shtml |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Equal
Source
Paragraph 9004 (1) The eligible candidates of each major party in a presidential election shall be entitled to equal payments under section 9006 in an amount which, in the aggregate, shall not exceed the expenditure limitations applicable to such candidates under section 441a(b)(1)(B) of title 2. (2) (A) The eligible candidates of a minor party in a presidential election shall be entitled to payments under section 9006 equal in the aggregate to an amount which bears the same ratio to the amount allowed under paragraph (1) for a major party as the number of popular votes received by the candidate for President of the minor party, as such candidate, in the preceding presidential election bears to the average number of popular votes received by the candidates for President of the major parties in the preceding presidential election. United States Code, Title 26, Internal Revenue Code. |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Presidential nominating convention.
Comment
Convention funding earmarked to finance the Presidential nominating convention. Source
Each major political party is entitled to $4 million (plus cost-of-living adjustments) to finance its national Presidential nominating convention. A qualified minor party may become eligible for partial convention funding based on its Presidential candidate's share of the popular vote in the preceding Presidential election. A party convention committee may not spend more than the amount to which the major party is entitled. See FEC's website: https://transition.fec.gov/pages/brochures/pubfund.shtml |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
No
|
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Not applicable
Comment
There is no provision for indirect public funding in the form of free air time or the use of premises by parties or candidates. |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
No
|
35. Are there provisions for any other form of indirect public funding? |
Code
No
|
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
No
|
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
No
|
| Question | Value |
|---|---|
38. Is there a ban on vote buying? |
Code
Yes
Source
Paragraph 597: Whoever makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate; and Whoever solicits, accepts, or receives any such expenditure in consideration of his vote or the withholding of his vote— Shall be fined under this title or imprisoned not more than one year, or both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both. United States Code, Title 18 - Crimes and criminal procedures, Chapter 29 - Elections and Political Activities. |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
There are coordinated party expenditure limits. For more information, check out the FEC's website: https://transition.fec.gov/ans/answers_party.shtml#441ad
Source
Paragraph 441a (d) (1): Notwithstanding any other provision of law with re spect to limitations on expenditures or limitations on contribu tions, the national committee of a political party and a State committee of a political party, including any subordinate com mittee of a State committee, may make expenditures in connec tion with the general election campaign of candidates for Federal office, subject to the limitations contained in paragraphs (2), (3) and (4) of this subsection. (2) The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party which exceeds an amount equal to 2 cents multiplied by the voting age population of the United States (as certified under subsection (e) of this section). Any ex penditure under this paragraph shall be in addition to any ex penditure by a national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States. United States Code, Title 2, The Congress. |
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
The coordinated party expenditure limit is the greater of 2 cents multiplied by the voting age population of the State or $20,000. This limit does not apply to independent expenditures.
Source
Paragraph 441a (d): (3) The national committee of a political party, or a State committee of a political party, including any subordinate com mittee of a State committee, may not make any expenditure in connection with the general election campaign of a candidate for Federal office in a State who is affiliated with such party which exceeds— (A) in the case of a candidate for election to the of fice of Senator, or of Representative from a State which is entitled to only one Representative, the greater of— (i) 2 cents multiplied by the voting age popu lation of the State (as certified under subsection (e) of this section); or (ii) $20,000; and (B) in the case of a candidate for election to the office of Representative, Delegate, or Resident Commissioner in any other State, $10,000. United States Code, Title 2, The Congress. |
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
Spending limit however only apllies to presidential candidates who accept public funds. Source
Paragraph 9004: The aggregate payments to which the eligible candidates of a political party shall be entitled under subsections (a)(2) and (3) with respect to a presidential election shall not exceed an amount equal to the lower of— (1) the amount of qualified campaign expenses incurred by such eligible candidates and their authorized committees, reduced by the amount of contributions to defray qualified campaign expenses received and expended or retained by such eligible candidates and such committees, or (2) the aggregate payments to which the eligible candidates of a major party are entitled under subsection (a)(1), reduced by the amount of contributions described in paragraph (1) of this subsection. United States Code, Title 26, Internal Revenue Code. |
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
The spending limit is different for each presidential election. For more information, see the FEC's website: https://transition.fec.gov/pages/brochures/pubfund_limits_2016.shtml
|
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
No
Comment
Corporations and labour unions have a constitutionally protected right to make unlimited ‘outside spending,’ independent of candidates and political parties, that explicitly advocate for or against the election of a candidate. In order to be considered independent, outside spending must not be co-ordinated with a candidate or a political party. OSCE/ODIHR (2012), United States of America, General Elections, 6 November 2012. OSCE/ODIHR Limited Election Observation Mission Report. OSCE/ODIHR, Warsaw Source
2010 Supreme Court decision Citizens United v. FEC , 558 US 50 (2010). The Federal Court of Appeals for the DC Circuit ruled in SpeechNow (Speechnow.org v. FEC, US Court of Appeals for the DC Circuit, No. 08-5223 (2010)) that contributions to groups that only make outside spending cannot be limited in the size and source of contributions. |
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
No
Source
Paid airtime is also subject to the equal opportunity rule. Federal candidates are entitled to purchase airtime at the lowest sum charged for a comparable advertisement on a channel by channel basis. There are no legal limits to the amount of media campaign expenditures, but there are detailed rules that promote financial accountability and transparency of election-related advertising. All advertisements must include sponsorship identification and stations are not allowed to censor the content of a candidate’s advertisement. OSCE/ODIHR (2012), United States of America, General Elections, 6 November 2012. OSCE/ODIHR Limited Election Observation Mission Report. OSCE/ODIHR, Warsaw. |
45. Are there limits on online media advertising spending in relation to election campaigns? |
Code
No
|
46. Do any other restrictions on online media advertisement (beyond limits) exist? |
Code
No
|
| Question | Value |
|---|---|
47. Do political parties have to report regularly on their finances? |
Code
Yes
Comment
Candidates, political parties, PACs, and Super PACs are required to file regular reports to the FEC disclosing the funds they raise and spend on campaigns.
Source
Paragraph 434a (3)(B) in any other calendar year, the treasurer shall file either— (i) monthly reports, which shall be filed no later than the 20th day after the last day of each month and shall be complete as of the last day of the month; or (ii) quarterly reports, which shall be filed no later than the 15th day after the last day of each calendar quarter and which shall be complete as of the last day of each calendar quarter. United States Code, Title 2, The Congress. |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Comment
Candidates, political parties, PACs, and Super PACs are required to file regular reports to the FEC disclosing the funds they raise and spend on campaigns. Source
Paragraph 434a (3) If the committee is the principal campaign committee of a candidate for the office of President— (A) in any calendar year during which a general election is held to fill such office— (i) the treasurer shall file monthly reports if such committee has on January 1 of such year, re ceived contributions aggregating $100,000 or made expenditures aggregating $100,000 or anticipates re ceiving contributions aggregating $100,000 or more or making expenditures aggregating $100,000 or more during such year: such monthly reports shall be filed no later than the 20th day after the last day of each month and shall be complete as of the last day of the month, except that, in lieu of filing the report other wise due in November and December, a pre-general election report shall be filed in accordance with para graph (2)(A)(i), a post-general election report shall be filed in accordance with paragraph (2)(A)(ii), and a year end report shall be filed no later than January 31 of the following calendar year; (ii) the treasurer of the other principal cam paign committees of a candidate for the office of President shall file a pre-election report or reports in accordance with paragraph (2)(A)(i), a post-general election report in accordance with paragraph (2)(A)(ii), and quarterly reports in accordance with paragraph (2)(A)(iii); and (iii) if at any time during the election year a committee filing under paragraph (3)(A)(ii) receives contributions in excess of $100,000 or makes expend itures in excess of $100,000, the treasurer shall begin filing monthly reports under paragraph (3)(A)(i) at the next reporting period; United States Code, Title 2, The Congress. |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Comment
Candidates are required to file regular reports to the FEC disclosing the funds they raise and spend on campaigns. Monthly reports are to be filed if candidate campaign committees have received contributions or had expenses exceeding $100,000, otherwise quarterly. A pre-election report is to be filed 12 days before the general election and a post election report 30 days after the general election. Candidate campaign committees are to report, within 48 hours of receipt, any contributions of $1,000 or more received by any authorised committee of that candidate during the period beginning 20 days before any election and ending 48 hours before the election. Source
Paragraph 434a (3) If the committee is the principal campaign committee of a candidate for the office of President— (A) in any calendar year during which a general election is held to fill such office— (i) the treasurer shall file monthly reports if such committee has on January 1 of such year, re ceived contributions aggregating $100,000 or made expenditures aggregating $100,000 or anticipates re ceiving contributions aggregating $100,000 or more or making expenditures aggregating $100,000 or more during such year: such monthly reports shall be filed no later than the 20th day after the last day of each month and shall be complete as of the last day of the month, except that, in lieu of filing the report other wise due in November and December, a pre-general election report shall be filed in accordance with para graph (2)(A)(i), a post-general election report shall be filed in accordance with paragraph (2)(A)(ii), and a year end report shall be filed no later than January 31 of the following calendar year; (ii) the treasurer of the other principal cam paign committees of a candidate for the office of President shall file a pre-election report or reports in accordance with paragraph (2)(A)(i), a post-general election report in accordance with paragraph (2)(A)(ii), and quarterly reports in accordance with paragraph (2)(A)(iii); and (iii) if at any time during the election year a committee filing under paragraph (3)(A)(ii) receives contributions in excess of $100,000 or makes expend itures in excess of $100,000, the treasurer shall begin filing monthly reports under paragraph (3)(A)(i) at the next reporting period; United States Code, Title 2, The Congress. |
50. Do third parties have to report on election campaign finances? |
Code
Yes
Comment
Organisations and individuals who make expenditures or disbursements in connection with federal elections are also required to make reports of those expenditures or disbursements for independent expenditures and for electioneering communications when certain reporting thresholds are triggered. However, some organizations - i.e. the 501(c) organizations - do not fall under FEC jurisdiction and are not obliged to disclose their donors to the FEC or the Iinternal Revenue Service as long as election campaigning is not their primary activity. Source
Paragraphs 434(c) and (f). United States Code, Title 2, The Congress. |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
Yes
Comment
The FEC makes the reports public on its website within 48 hours of their receipt. See the FEC's website: https://www.fec.gov/data/advanced/?tab=filings
Source
Paragraph 438a (a) In general. The Federal Election Commission shall maintain a central site on the Internet to make accessible to the public all publicly available election-related reports and information. (b) Election-related report. In this section, the term ‘election-related report’ means any report, designation, or statement required to be filed under the Federal Election Campaign Act of 1971. United States Code, Title 2, The Congress. |
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Sometimes
Comment
The reports submitted by the candidates, political parties, PACs, and Super PACscontain a list of all donors who contributed over USD 200, along with their address, employer and job title. Source
Paragraph 434b Each report under this section shall disclose—(3) the identification of each— (A) person (other than a political committee) who makes a contribution to the reporting committee during the reporting period, whose contribution or contributions have an aggregate amount or value in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for Federal office), or in any lesser amount if the reporting com mittee should so elect, together with the date and amount of any such contribution. United States Code, Title 2, The Congress. |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Source
See the forms available on the FEC's website: https://www.fec.gov/resources/cms-content/documents/fecfrm3p.pdf |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Source
See the forms available on the FEC's website: https://www.fec.gov/resources/cms-content/documents/fecfrm3p.pdf |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Comment
The Federal Election Commission. Source
Paragraph 434a (11) (A) The Commission shall promulgate a regulation under which a person required to file a designation, statement, or report under this Act. (D) As used in this paragraph, the term “report” means, with respect to the Commission, a report, designation, or statement required by this Act to be filed with the Commission. United States Code, Title 2, The Congress. |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Comment
Jurisdiction over the Federal Election Campaign Act (FECA) is shared by two components of the United States Government: the Federal Election Commission and the United States Department of Justice. The FEC has exclusive civil jurisdiction over all violations of the FECA, including those committed negligently or knowingly and wilfully. The Department of Justice has exclusive jurisdiction over all FECA crimes, that is, violations that are committed with criminal intent and involve USD 2,000 or more in a calendar year. GRECO (2011), Evaluation Report on the United States of America Transparency of Party Funding (Theme II), p.21. Source
Paragraph 437d - Powers of the Commission. United State Code, Title 2, The Congress. |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Refer for investigation
Carry out investigation
Request additional information from potential violator
Request additional information from others
Impose sanctions
Comment
Jurisdiction over the Federal Election Campaign Act (FECA) is shared by two components of the United States Government: the Federal Election Commission and the United States Department of Justice. The FEC has exclusive civil jurisdiction over all violations of the FECA, including those committed negligently or knowingly and wilfully. The Department of Justice has exclusive jurisdiction over all FECA crimes, that is, violations that are committed with criminal intent and involve USD 2,000 or more in a calendar year. Source
Paragraph 437d - Powers of the Commission. United State Code, Title 2, The Congress. |
58. What sanctions are provided for political finance infractions? |
Code
Source
Paragraph 437g - Enforcement United States Code, Title 2, The Congress. |
