Soft Money Hard Law: A Guide to the New Campaign Finance Law
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©2005 Perkins Coie LLP

From the Book: Table of Contents

AN INTRODUCTION

CHAPTER 1: THE POLITICAL PARTIES

    National parties, soft money, and the new law
  • Prohibiting national parties from soliciting, receiving, or directing "soft money"
  • Restrictions on federal candidates and officeholders
  • "Building funds"

    The state parties and their "Federal election activity"
  • No soft money for "Federal election activity"
  • Exception: the Levin Amendment
  • Accounts management for state and local party conduct of Levin and other "mixed" activity
  • Special reporting requirements and issues for state and local parties
  • Other exceptions

    Other limitations on political parties
  • Party "independent" expenditures on behalf of their candidates
  • Independent expenditures by national party committees on behalf of their presidential candidates
  • "Coordinated" party spending on behalf of its candidates
  • Other "independent spending" issues
  • Party coordination with outside groups

Conclusion

A note on the background of legal restrictions on parties and their soft money

CHAPTER 2: OUTSIDE GROUPS
"Coordinated" communications
"Electioneering communications"
Reporting of "electioneering communications"
Prohibiting corporate and union "electioneering communications"

CHAPTER 3: LESS SOFT MONEY, MORE HARD MONEY: INCREASES IN THE FEDERAL CONTRIBUTION LIMITS
Increases in the contribution limits
Protection against millionaires?
Personal loan repayment restrictions
Other contribution or fundraising limits
and prohibitions

CHAPTER 4: RESTRICTIONS ON FEDERAL CANDIDATES AND OFFICEHOLDERS
Who is an "agent" of a federal officeholder or candidate?
"Leadership PACs"
Raising money for state and local candidates
Summary of restrictions on federal candidate/officeholder fundraising
Liability of federal candidates and officeholders
Restrictions on state and local candidates
Candidates’ "personal use" of campaign funds

CHAPTER 5: DISCLOSURE
More frequent filings for national party committees and candidates
Sponsorship identification-and candidate approval of ads
Independent expenditure reporting
Access to broadcast station records of requests to buy political advertising
Reports under the Millionaire’s Amendment
Getting information, fast and on the web, through the FEC
Reporting software for candidates-and instant reporting
Inaugural committees

CHAPTER 6: ENFORCEMENT
Knowing and willful violations
"Conduit" contributions
Criminal sentencing standards
Statute of limitations
FEC rulemaking under the Act
A note on the effective date for the Act

CHAPTER 7: THE SUPREME COURT DECIDED: A NOTE ON McCONNELL v. FEDERAL ELECTION COMMISSION

CONCLUSION

APPENDIX
Bipartisan Campaign Reform Act of 2002
Selected Regulations
The Millionaire’s Amendment: A Hypothetical Offered by the FEC
Excerpts from McConnell v. FEC