Increased Federal Contribution Limits
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BCRA provides for increases in the limits on individual contributions of hard money to candidates and party committees. In addition, under the Millionaire's Amendment, the new law offers some relief for candidates facing opponents able to spend from substantial personal resources to wage their campaign. These rules are different, in some respects, for House and Senate candidates. BCRA also adds and extends other provisions intended to limit abusive fundraising practices, such as fraudulent misrepresentations in raising money or fundraising directed from or to Government property.

Public Financing and the Ever Larger Donor: the Changing of the Seasons

     The news today brings word of two developments, one trumpeted in headlines and the other tucked quietly into government press notices.  Reported separately, they are better understood together, as signposts of the changed landscape of campaign finance reform.  A l970s reform—public financing of Presidential elections—was struck a hard blow by a major candidate’s decision to ‘opt out’ and finance privately.  David D. Kirkpatrick, "Death Knell May Be Near for Public Election Funds," New York Times (Jan. 23, 2007).  Dan Balz and Matthew Mosk, "Clinton Bid Heralds the Demise of Public Financing," Washington Post (Jan. 23, 2007) at A1.  A 21st century reform, McCain-Feingold, produced another increase in the individual contribution limits available to candidates and parties, now calibrated to movements in the consumer price index.    The old reform, perhaps staggering to its grave, had once stood for the proposition that the government might fund campaigns to encourage small donors and limit large donor influence.  Now, in the new reforms, large donors and the candidates they support have the government’s regularly scheduled assistance in making what is large still larger.

 

The Reform Plaintiffs "Respond" to the FEC’s Motion to Stay in the BCRA Rules Case

    Plaintiffs Shays and Meehan have now responded to the FEC’s motion before Judge Kollar-Kotelly to stay her decision on the BCRA implementing rules. Those who followed the reform community’s response to the decision will recall its insistence that the ruling was immediately effective. We noted the following:

FEC Seeks Stay of Kollar-Kotelly Decision on BCRA Rules

On Friday, the FEC moved in the US District Court for a stay of its ruling holding unlawful various BCRA implementing regulations.  The plaintiffs will file a response by the close of business, Tuesday, October 5.

General Counsel Offers Interpretations of Millionaire’s Amendment in Draft Advisory Opinion

In a draft advisory opinion, prepared for the Commission’s response to a request from Congressional candidate Allyson Schwartz, the Office of General Counsel addresses the question of whether the personal spending threshold ($350,000 in House races) is triggered by a transfer of primary funds to the general election. 

Advisory Opinion Round-Up: Not Much Leg Room for Millionaires and State Candidates

The FEC has issued Advisory Opinions interpreting BCRA as it applies to the reimbursable campaign expenses incurred by well-to-do candidates, and to the disposition of left-over campaign funds of a former state candidate now running for federal office.