McCain-Feingold - Overview

The House passed HR 2356 on 14 February 2002 by a vote of 240-189. The Senate concurred on 20 March 2002, by a vote of 60-40. From the Congressional Research Service:

Bipartisan Campaign Reform Act of 2002

Title I: Reduction of Special Interest Influence
Amends the Federal Election Campaign Act of 1971 (FECA) to prohibit:

1. national political party committees (including any officer, agent, or entity they directly or indirectly establish, finance, maintain, or control) (officer, agent, or entity) from soliciting, receiving, directing, transferring, or spending money that is subject to FECA limitations, prohibitions, and reporting requirements;
2. soft money spending (not currently subject to FECA) for a Federal election activity, in general, by State, district, and local political party committees (including any officer, agent, or entity) or by an association or similar group of candidates for State or local office or State or local officials;
3. soft money spending for fundraising costs by any such committee, officer, agent, or entity;
4. national, State, district, or local political party committees (including national political party congressional campaign committees, entities, officers, or agents) from soliciting, any funds for, or making or directing any donations to certain tax-exempt organizations; and
5. candidates for Federal office, Federal office holders, or their agents from soliciting, receiving, directing, transferring, or spending funds in connection with a Federal election, including funds for any Federal election activity, unless they are subject to FECA limitations, prohibitions, and reporting requirements, or in connection with any non-Federal election unless such funds meet specified requirements.

(Sec. 101) Prohibits any funds for soft money accounts from being solicited, received, directed, transferred, or spent in the name of national political parties, Federal candidates or officials, or by joint fundraising activities by two or more party committees.

Defines Federal election activity to include:

1. voter registration activity in the last 120 days of a Federal election;
2. voter identification, get-out-the-vote, or generic campaign activity conducted in connection with an election in which a Federal candidate is on the ballot;
3. public communications that refer to a clearly identified Federal candidate and promote, support, attack, or oppose a candidate for Federal office (regardless of whether they expressly advocate a vote for or against); or
4. services by a State, district, or local political party employee who spends at least 25 percent of paid time per month on activities in connection with a Federal election.

Defines generic campaign activity as a campaign activity that promotes a political party and does not promote a candidate or non-Federal candidate. Defines public communications as communications by means of any broadcast, cable, satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing (over 500 identical or substantially similar pieces mailed within any 30-day period), or phone bank (over 500 identical or substantially similar telephone calls made within any 30-day period) to the general public, or any other form of general public political advertising.

(Sec. 102) Increases limit on individual contributions to a State committee of a political party from $5,000 to $10,000 per year.

(Sec. 103) Codifies Federal Election Commission (FEC) regulations on disclosure of all national political party committee activity, both Federal and non-Federal.

Requires disclosure by State and local parties of spending on Federal election activities, including any soft money permitted to be used for such activities. Terminates the building fund exception to the definition of contribution.

Next: Title II: Noncandidate Campaign Expenditures