Sentences for Violations of BCRA Set - January 27, 2003 Vol. 4 No. 2

January 27, 2003 Vol. 4 No. 2:

Published: 01/27/2003

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Sentences for Violations of BCRA Set

The United States Sentencing Commission has proposed interim sentencing guidelines for increased penalties for violations of campaign finance law, incorporating requirements from last year’s Bipartisan Campaign Reform Act (BCRA). OMB Watch filed comments in December 2002 asking that the emergency guidelines treat illegal electioneering communications more leniently than illegal campaign contributions or soft money expenditures, since “contributions of money can only be meant to influence an election. Public speech on an issue, on the other hand, is meant to influence public policy.” The interim guidelines do not make the requested distinction. However, two Commissioners reportedly made statements indicating recognition that some violations of BCRA are meant to further a cause, and do not have a corrupt purpose.

The guidelines took effect as emergency measures on January 25, 2003. Public comments on the Interim guidelines are due on March 17. For information on how to comment see the USSC announcement.

Illegal campaign contributions and funding of banned electioneering communications (broadcasts that mention a federal candidate within 60 days of a general election or 30 days of a primary) would carry a minimum prison term of 0-6 months. If more than $5,000 is spent, the term is increased, depending on the amount. A mandatory sentence of 6-12 months could be imposed if there are 30 or more illegal transactions, the offense was intended to obtain a specific non-monetary federal benefit, or funds were received from a foreign national.