Senate Fair Elections and Grassroots Democracy Act of 1993

TABLE OF CONTENTS:

Title I: Control of Congressional Campaign Spending

Subtitle A: Senate Election Campaign Spending Limits and

Benefits

Subtitle B: General Provisions

Title II: Independent Expenditures

Title III: Expenditures

Title IV: Contributions

Title V: Reporting Requirements

Title VI: Presidential Debates

Title VII: Miscellaneous

Title VIII: Effective Dates; Authorizations

Senate Fair Elections and Grassroots Democracy Act of 1993 - Title I: Control of Congressional Campaign Spending - Subtitle A: Senate Election Campaign Spending Limits and Benefits - Amends the Federal Election Campaign Act of 1971 (FECA) to make Senate candidates (candidates) eligible to receive benefits under this title if they meet certain contribution and expenditure limits.

(Sec. 101) Limits Senate: (1) personal expenditures to $25,000 during an election cycle; (2) primary election expenditures to the lesser of 67 percent of the general election limit or $2.5 million; (3) runoff election expenditures to 20 percent of the general election limit; and (4) general election expenditures to the lesser of $4.5 million or the greater of $775,000, or $325,000 plus 30 cents times the voting age population up to 4 million and 25 cents times the voting age population over 4 million.

Exempts from the election expenditure limits: (1) qualified legal and accounting expenditures from a legal and accounting compliance fund meeting certain requirements; (2) certain expenditures made from independent or excess receipts.

Permits a candidate to accept excess contributions or make excess expenditures if a non-eligible opponent's contributions or expenditures exceed 200 percent of applicable limits.

Limits multicandidate political committee (PAC) contributions to a candidate to ten percent of the primary and runoff election limits.

Entitles eligible candidates to free broadcast media rates, mailing rates, and in certain circumstances, payments compensating for independent expenditures, excess expenditures, and public financing amounts.

Requires the Federal Election Commission (Commission) to certify that a candidate meets the eligibility requirements.

Requires the Commission to examine and audit, for FECA compliance, the campaign accounts of ten percent of all Senate candidates, and the campaign accounts of all opponents of such candidates as well. Requires candidates to refund to the Commission any excess payments, expenditures, or voter communication vouchers. Sets forth related civil and criminal penalties.

Provides for judicial review of Commission actions and requires Commission reports to the Senate.

Establishes in the Treasury the Senate Election Campaign Fund.

Authorizes appropriations.

(Sec. 102) Prohibits PAC activities in Federal elections.

(Sec. 103) Sets forth candidate reporting requirements.

(Sec. 105) Amends the Communications Act of 1934 to require free broadcast time for eligible candidates.

Amends FECA to require candidate and Commission reporting with regard to free broadcast time.

Subtitle B: General Provisions - (Sec. 131) Amends Federal law to permit eligible Senate candidates to mail up to one piece per eligible voter (voting age population) at the lowest third-class non-profit postage rate, during a general election period only.

(Sec. 133) Requires a clear statement of responsibility in advertisements with: (1) a clearly readable type and color contrasts for print advertisements; (2) clearly readable type, color contrasts, the candidate's image, and for a duration of at least four seconds, for television advertisements; and (3) a clearly spoken message by the candidate for both television and radio advertisements.

(Sec. 135) Amends Federal law to prohibit a Senator who is a candidate for election to any public office from making a mass mailing under the frank during the calendar year of any primary or general election for such office.

Title II: Independent Expenditures - Amends FECA to define "independent expenditure" as an expenditure for an advertisement or other communication that: (1) contains express advocacy; and (2) is made without the participation or cooperation of a candidate or a candidate's representative. Excludes from the meaning of "independent expenditure" any expenditure by: (1) a political committee of a political party; (2) persons who communicate or receive information about activities that have a purpose of influencing a candidate's election; and (3) persons with other specified relationships with a candidate or candidate's agents in the same election cycle.

Defines "express advocacy" as any communication that when taken as a whole: (1) expresses support for or opposition to a specific candidate, a specific group of candidates, or candidates of a particular political party; or (2) suggests taking action with respect to an election, such as voting for or against, contributing to, or participating in campaign activity.

Title III: Expenditures - Subtitle A: Personal Loans; Credit - Amends FECA to prohibit the use of contributions after the date of a general election to repay loans to a candidate (or authorized committee) by the candidate himself or herself or by members of the candidate's family.

(Sec. 302) Treats as a contribution any extension of credit of more than $500 for more than 60 days to Senate and House candidates (or authorized committees) by vendors of advertising and mass mailing services.

Subtitle B: Provisions Relating to Soft Money of Political Parties - Amends FECA to permit individuals to contribute up to $5,000, in addition to the existing $5,000 limit for other activities, to political party committees for grassroots Federal election campaign activities.

(Sec. 312) Prohibits a State party committee (including any subordinate committees) from making expenditures in connection with the general election presidential campaign of the party nominee which, in the aggregate, exceed a certain indexed amount.

Subjects to certain limitations, prohibitions and reporting requirements any amount ("soft money") solicited, received, or expended directly or indirectly by a national, State, district, or local committee of a political party (including any subordinate committee) with respect to an activity (such as voter registration and get-out-the vote activities, among others) which, in whole or in part, is in connection with an election to Federal office.

Prohibits a national political party committee from soliciting or accepting contributions not subject to FECA limitations, prohibitions, and reporting requirements.

Cites conditions under which any amount received by the national, State, district, or local committee of a political party (including any subordinate committee) from a State or local candidate committee shall be treated as meeting the soft money requirements of this title.

(Sec. 313) Places limitations on fundraising by Federal candidates and officeholders and certain political committees for State and local elections.

Prohibits Federal candidates or officeholders from soliciting contributions to, or on behalf of, any tax-exempt organization if a significant portion of the organization's activities include voter registration or get-out-the-vote campaigns.

(Sec. 314) Requires the national committee of a political party and any congressional campaign committee (and any subordinate committee) to report all receipts and disbursements during the reporting period, regardless of whether or not in connection with a Federal election.

(Sec. 315) Directs political party committees that make payments for combined political activity to allocate specified portions of such payments to Federal accounts.

Title IV: Contributions - Amends FECA to reduce individual contribution limits to a candidate or his or her political committee from $1000 to $100.

(Sec. 402) Specifies circumstances in which contributions made or arranged to be made directly or indirectly by a person to or on behalf of a particular candidate through an intermediary or conduit shall be treated as contributions from such intermediary or conduit to the candidate (thus subjecting them to the FECA limitations otherwise applicable to that intermediary or conduit).

(Sec. 403) Treats contributions by a dependent not of voting age as having been made by the individual on whom that dependent is a dependent.

(Sec. 404) Prohibits a candidate for Federal office from accepting, with respect to any election, any contribution from a State or local political party committee (or subordinate committee) if such contribution, when added to the total of contributions previously accepted from all such committees of that political party, exceeds the relevant contribution limitation.

(Sec. 405) Excludes from the meaning of "contribution" any campaign expense voluntarily paid for by a campaign worker as an advance to the campaign, provided the amount does not exceed $500 and is reimbursed by the committee within ten days.

Title V: Reporting Requirements - Requires all Federal candidates and authorized committees to aggregate information on their financial activity reports on an election cycle basis (currently on a calendar year basis).

(Sec. 502) Requires candidates to report any expenditure in excess of the reporting threshold made to a person who provides services or materials for the candidate, whether the payment was made directly or indirectly under subcontract to another person providing personal or consulting services.

(Sec. 503) Reduces from $200 to $50 the threshold for reporting certain information by persons other than political committees.

(Sec. 504) Requires the Commission to maintain computerized indices of all contributions of at least $50 (currently $200).

Title VI: Presidential Debates - Amends the Internal Revenue Code to require qualifying candidates for President and Vice President to participate in public debates (at least three and one, respectively) in order to qualify for Presidential Election Campaign Fund assistance.

Title VII: Miscellaneous - Amends FECA to prohibit Federal candidates and officeholders from establishing, maintaining, or controlling any political committee (such as a "leadership committee") other than a principal campaign committee of the candidate, authorized committee, party committee, or other political committee designated as an authorized committee.

(Sec. 702) Requires that contributions of polling data to Federal candidates be valued at fair market value on the date of the poll's completion, depreciated at a specified date.

Title VIII: Effective Dates; Authorizations - Sets forth the general effective date of this Act.

(Sec. 802) Expresses the sense of the Senate regarding funding of the Senate Election Campaign Fund.

(Sec. 803) Provides for: (1) budget neutrality of this Act; and (2) direct, expedited appeal to the U.S. Supreme Court from any court rulings on the constitutionality of any provision of this Act or amendment made by it.