Application of Campaign Finance Law to Indian Tribes (CRS Report for Congress)
| Release Date |
Jan. 25, 2007 |
| Report Number |
RS21176 |
| Report Type |
Report |
| Authors |
L. Paige Whitaker, American Law Division; and Joseph E. Cantor, Government and Finance Division |
| Source Agency |
Congressional Research Service |
Summary:
Under the Federal Election Campaign Act (FECA), Indian tribes are subject to contribution limits applicable to "persons," as defined by the act. For the 2008 election cycle, these limits include $2,300 per election to a candidate, $28,500 per year to a political party's national committee, and $5,000 per year to a political action committee (PAC). The Federal Election Commission (FEC) has found, however, that FECA's $108,200 election cycle aggregate limit applicable to "individuals," as defined by the act, does not apply to Indian tribes (similar to FECA's treatment of other interest groups that operate through PACs and are also not subject to an aggregate limit). In addition, as most Indian tribes are unincorporated, they are not subject to the FECA ban on use of corporate treasury funds for contributions and expenditures in connection with federal elections. Hence, unlike corporations, most Indian tribes are not required to establish PACs in order to participate in federal elections. As the result of an FEC ruling, unlike PACs, Indian tribes are also not required to disclose the amounts and recipients of any contributions they make. With regard to unregulated soft money, Indian tribes may spend unlimited amounts of money on issue advocacy communications.
The Bipartisan Campaign Reform Act (BCRA) of 2002 made several significant changes to FECA, including increasing certain contribution limits from their previous levels. BCRA also prohibited any "person," which includes Indian tribes, from making soft money donations to political parties. While FECA prohibits corporations and unions from paying for broadcast issue advertisements that refer to federal candidates within 30 days of a primary or 60 days of a general election, labeled by BCRA as "electioneering communications," unincorporated Indian tribes are not subject to such a prohibition. However, if an Indian tribe sponsors an electioneering communication, regardless of its incorporation status, it is subject to disclosure requirements, including the identification of disbursements and donors over certain dollar amounts.
