CAMPAIGN FINANCE ALERT JANUARY 6, 2003 Individual “Hard Money” Contribution Limits Nearly Doubled on January 1, 2003 COMPLEX ARRAY OF AGGREGATE LIMITS REPLACING $25,000 ANNUAL LIMIT When the midterm elections were over, the political fundraising landscape changed overnight. The press has largely focused on the new “soft money” restrictions and the pending court challenge to those restrictions and several other aspects of the new Bipartisan Campaign Reform Act of 2002. Less public attention has been given to the fact that the limit on all types of individual “hard money” contributions nearly doubled from $25,000 per year to $95,000 per two-year election cycle on January 1st. The bottom line: individual and PAC contributions are much more in demand given the limitations on soft money. INDIVIDUALS MAY CONTRIBUTE $2,000 PER ELECTION,UP TO $95,000 BI-ANNUALLY The new $95,000 per two-year election cycle limit applies to individual contributions to federal candidates, PACs, and national, state and local political party committees. Of this total, an individual may contribute $37,500 to all federal candidates, and $57,500 in all other federal contributions (e.g. to federal PACs, national parties, state parties, local parties). The two-year election cycle starts on January 1st of odd-numbered years and ends on December 31st of even-numbered years. Perhaps most notably, an individual (and his or her spouse) may each contribute $2,000 per election (e.g. primary, general, run-off) to a federal candidate, up to $37,500 each to all federal candidates over a two-year election cycle. This means that an individual may contribute $1,000 more per election to a federal candidate and $12,500 more over a two-year election cycle to all federal candidates than under the old law. And, of course, an individual may continue to contribute $5,000 per PAC per year. Note that foreign nationals are still prohibited from making hard money and soft money contributions and participating in any PAC’s decisions about contributions. Moreover, effective January 1st, minors who are 17 years or younger may not contribute hard money or soft money to federal candidates or political parties. ATTACHED DIAGRAM ILLUSTRATES NEW LIMITS The diagram on the following page illustrates the complex array of new aggregate limits replacing the old $25,000 annual limit on all individual hard money contributions (which amounted to $25,000 per two-year election cycle for contributions to federal candidates). The limits on individual contributions to federal candidates and national parties will be indexed for inflation every two years, starting in 2005. continued... Individual “Hard Money” Contribution Limits Nearly Doubled on January 1, 2003 New Hard Money Limits on Individual Contributions Effective January 1, 2003 $95,000 per 2-year election cycle in Federal contributions (e.g. Federal candidates and their campaign committees, corporate and other PACs, national/state/local party committees) 6 6 $37,500 per 2-year election cycle to all Federal candidates or their campaign committees $57,500 per 2-year election cycle in all other Federal contributions (e.g. corporate and other PACs, national party committees, state and local party committees) (e.g. Presidential, House, Senate) 6 $2,000 per election to each U.S. Senate or House candidate 6 6 Generally $2,000 per election cycle to each Presidential campaign receiving public matching funds 6 $37,500 per 2-year election cycle to all PACs and state/local party committees 6 $5,000 per calendar year to each corporate or other PAC $25,000 per calendar year to each national party committee 6 $10,000 per calendar year to each state or local party committee To Find Out More: If you have questions about this Alert, the new campaign finance law or on other political ethics matters, please contact Tim Peckinpaugh (timp@prestongates.com) or David Thomas (davidth@prestongates.com) or by calling (202) 628-1700. For a copy of our firm’s updated Guide to Political and Lobbying Activities, please contact our Marketing Department at (202) 628-1700. We invite you to visit us online at www.pgerm.com for additional information about our firm. DISCLAIMER This ALERT provides general information about political ethics. It is not a legal opinion or legal advice. Readers should confer with appropriate legal counsel on the application of law to their own situations. Entire contents copyright 2003 by Preston Gates Ellis & Rouvelas Meeds LLP. Reproduction of this ALERT in whole or in part without written permission is prohibited.