limitations of expenditures for use of communications media

limitations of expenditures for use of communications media Sec. 104. (a) (1) Subject to paragraph (4), no legally qualified candidate in an election (other than a primary or primary runoff election) for a Federal elective office may— (A) spend for the use of communications media on behalf of his candidacy in such election a total amount in excess of the greater of— (i) 10 cents multiplied by the voting age population (as certified under paragraph (5)) of the geographical area in which the election for such office is held, or (ii) $50,000, or (B) spend for the use of broadcast stations on behalf of his candidacy in such election a total amount in excess of 60 per centum of the amount determined under subparagraph (A) with respect to such election. (2) No legally qualified candidate in a primary election for nomination to a Federal elective office, other than President, may spend— (A) for the use of communications media, or (B) for the use of broadcast stations, on behalf of his candidacy in such election a total amount in excess of the amounts determined under paragraph (1) (A) or (B), respectively, with respect to the general election for such office. For purposes of this subsection a primary runoff election shall be treated as a separate primary election. (3) (A) No person who is a candidate for presidential nomination may spend— (i) for the use in a State of communications media, or (ii) for the use in a State of broadcast stations, on behalf of his candidacy for presidential nomination a total amount in excess of the amounts which would have been determined under paragraph (1) (A) or (B), respectively, had he been a candidate for election for the office, of Senator from such State (or for the office of Delegate or Resident Commissioner in the case of the District of Columbia or the Commonwealth of Puerto Rico). (B) For purposes of this paragraph (3), a person is a candidate for presidential nomination if he makes (or any other person makes on his behalf) an expenditure for the use of any communications medium on behalf of his candidacy for any political party’s nomination for election to the office of President. He shall be considered to be such a candidate during the period— (i) beginning on the date on which he (or such other person) first makes such an expenditure (or, if later, January 1 of the year in which the election for the office of President is held), and (ii) ending on the date on which such political party nominates a candidate for the office of President. For purposes of this title and of section 315 of the Communications Act of 1934, a candidate for presidential nomination shall be considered a legally qualified candidate for public office. (C) The Comptroller General shall prescribe regulations under which any expenditure by a candidate for presidential nomination for 86 Stat. 6the use in two or more States of a communications medium shall be attributed to such candidate’s expenditure limitation in each such State, based on the number of persons in such State who can reasonably be expected to be reached by such communications medium. (4) (A) For purposes of subparagraph (B): (i) The term “price index” means the average over a calendar year of the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics. (ii) The term “base period” means the calendar year 1970. (B) At the beginning of each calendar year (commencing in 1972), as there becomes available necessary data from the Bureau of Labor Statistics of the Department of Labor, the Secretary of Labor shall certify to the Comptroller General and publish in the Federal Register the per centum difference between the price index for the 12 months preceding the beginning of such calendar year and the price index for the base period. Each amount determined under paragraph (I) (A) (i) and (ii) shall be increased by such per centum difference. Each amount so increased shall be the amount in effect for such calendar year. (5) Within 60 days after the date of enactment of this Act, and during the first week of January in 1973 and every subsequent year, the Secretary of Commerce shall certify to the Comptroller General and publish in the Federal Register an estimate of the voting age population of each State and congressional district for the last calendar year ending before the date of certification. (6) Amounts spent for the use of communications media on behalf of any legally qualified candidate for Federal elective office (or for nomination to such office) shall, for the purposes of this subsection, be deemed to have been spent by such candidate. Amounts spent for the use of communications media by or on behalf of any legally qualified candidate for the office of Vice President of the United States shall, for the purposes of this section, be deemed to have been spent by the candidate for the office of President of the United States with whom he is running. (7) For purposes of this section and section 315(c) of the Communications Act of 1934— (A) spending and charges for the use of communications media include not only the direct charges of the media but also agents’ commissions allowed the agent by the media, and (B) any expenditure for the use of any communications medium by or on behalf of the candidacy of a candidate for Federal elective office (or nomination thereto) shall be charged against the expenditure limitation under this subsection applicable to the election in which such medium is used. (b) No person may make any charge for the use by or on behalf of any legally qualified candidate for Federal elective office (or for nomination to such office) of any newspaper, magazine, or outdoor advertising facility, unless such candidate (or a person specifically authorized by such candidate in writing to do so) certifies in writing to the 86 Stat. 7person making such charge that the payment of such charge will not violate paragraph (1), (2), or (3) of subsection (a), whichever is applicable. (c) Section 315 of the Communications Act of 1934 is amended by redesignating subsection (c) as subsection (g) and by inserting after subsection (b) the following new subsections: “(c) No station licensee may make any charge for the use of such station by or on behalf of any legally qualified candidate for Federal elective office (or for nomination to such office) unless such candidate (or a person specifically authorized by such candidate in writing to do so) certifies to such licensee in writing that the payment of such charge will not violate any limitation specified in paragraph (1), (2), or (3) of section 104(a) of the Campaign Communications Reform Act, whichever paragraph is applicable. “(d) If a State by law and expressly— “(1) has provided that a primary or other election for any office of such State or of a political subdivision thereof is subject to this subsection, “(2) has specified a limitation upon total expenditures for the use or broadcasting stations on behalf of the candidacy of each legally qualified candidate in such election, “(3) has provided in any such law an unequivocal expression of intent to be bound by the provisions of this subsection, and “(4) has stipulated that the amount of such limitation shall not exceed the amount which would be determined for such election under section 104(a)(1)(B) or 104(a)(2)(B) (whichever is applicable) of the Campaign Communications Reform Act had election been an election for a Federal elective office or nomination thereto; then no station licensee may make any charge, for the use of such station by or on behalf of any legally qualified candidate in such election unless such candidate (or a person specifically authorized by such candidate in writing to do so) certifies to such licensee in writing that the payment of such charge will not violate such State limitation. “(e) Whoever willfully and knowingly violates the provisions of subsection (c) or (d) of this section shall be punished by a fine not to exceed $5,000 or imprisonment for a period not to exceed five years, or both. The provisions of sections 501 through 503 of this Act shall not apply to violations of either such subsection. “(f) (1) For the purposes of this section: “(A) The term ‘broadcasting station’ includes a community antenna television system. “(B) The terms ‘licensee’ and ‘station licensee’ when used with respect to a community antenna television system, means the operator of such system. “(C) The term ‘Federal elective office’ means the office of President of the United States, or of Senator or Representative in, or Resident Commissioner or Delegate to, the Congress of the United States. “(2) For purposes of subsections (c) and (d), the term ‘legally qualified candidate’ means any person who (A) meets the qualifications prescribed by the applicable laws to hold the office for which he is a candidate and (B) is eligible under applicable State law to be voted for by the electorate directly or by means of delegates or electors.”