Bill Summary
The "Zeroing Out Money for Buying Influence after Elections (ZOMBIE) Act" is proposed legislation aimed at reforming the disbursement of unexpended campaign funds by former candidates for federal office. Here are the key provisions:
1. **Mandated Disbursement**: The bill requires that all remaining funds from a candidate's authorized committee or leadership PAC must be disbursed after elections. This disbursement must occur before a set deadline, which is determined by either the end of a specific disbursement period or when the candidate begins lobbying activities or becomes a foreign agent.
2. **Exceptions**: Candidates who intend to run in the next election may retain funds if they notify state election officials appropriately.
3. **Use of Remaining Funds**: After settling operational obligations, any leftover funds can only be used to return contributions to donors or to contribute to certain charitable organizations, with strict prohibitions on disbursements to organizations associated with the candidate or their relatives.
4. **Compliance Certifications**: The bill also requires former candidates who register as lobbyists or foreign agents to certify that their committees have complied with these disbursement requirements.
5. **Implementation Timeline**: The provisions of the bill will take effect starting with the federal election in November 2026.
Overall, the ZOMBIE Act aims to prevent former candidates from retaining excess campaign funds that could potentially lead to undue influence in lobbying or foreign influence activities.
Possible Impacts
The "Zeroing Out Money for Buying Influence after Elections (ZOMBIE) Act" could affect people in several ways:
1. **Increased Transparency in Political Donations**: By requiring that all unexpended campaign funds be disbursed by former candidates and leadership PACs, the legislation enhances transparency in political financing. This means that voters and the public can have a clearer view of how money from political campaigns is managed, reducing the potential for undisclosed contributions and hidden financial influences on future elections.
2. **Limiting Influence of Former Candidates as Lobbyists**: The requirement for former candidates who become registered lobbyists to certify compliance with the disbursement requirements could discourage individuals from using leftover campaign funds to influence policy after they leave office. This may lead to a decrease in perceived or actual corruption, as there will be stricter accountability for how funds are used, potentially impacting the behavior of lobbyists and the decisions made by policymakers.
3. **Impact on Charitable Contributions and Political Organizations**: The restrictions on how leftover campaign funds can be disbursed could affect the funding that certain charities and political organizations receive. For example, if a candidate’s committee cannot make contributions to organizations they have connections with, it could limit financial support for causes that align with their political beliefs or constituents' interests. This may lead to shifts in how these organizations operate and are funded, impacting the communities they serve.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1849 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1849
To amend the Federal Election Campaign Act of 1971 to require each
authorized committee or leadership PAC of a former candidate for
election for Federal office to disburse all of the remaining funds of
the committee or PAC after the election, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 21, 2025
Mr. Bennet introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to require each
authorized committee or leadership PAC of a former candidate for
election for Federal office to disburse all of the remaining funds of
the committee or PAC after the election, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Zeroing Out Money for Buying
Influence after Elections (ZOMBIE) Act''.
SEC. 2. REQUIRING AUTHORIZED COMMITTEES OF CANDIDATES TO DISBURSE
UNEXPENDED FUNDS.
(a) Requiring Disbursement.--Title III of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by inserting
after section 303 the following new section:
``SEC. 303A. DISBURSEMENT OF REMAINING UNEXPENDED FUNDS.
``(a) Requiring Disbursement.--
``(1) In general.--Each authorized committee or leadership
PAC of a candidate shall, in accordance with subsection (b),
disburse all funds of the authorized committee or leadership
PAC before the earliest of--
``(A) the last day of the applicable disbursement
period;
``(B) the date on which the candidate first makes a
lobbying contact or is employed or retained to make a
lobbying contact that would require registration under
section 4 of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1603); or
``(C) the date on which the candidate becomes an
agent of a foreign principal that would require
registration under section 2 of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 612).
``(2) Exception for candidates in next election.--Paragraph
(1) does not apply to the authorized committee or leadership
PAC of a candidate who, prior to the first day of the
applicable disbursement period, provides the appropriate State
election official with the information and fees (if any)
required under State law for the individual to qualify as a
candidate for the next election for the office sought by the
candidate or the next election for another Federal office.
``(3) Applicable disbursement period.--In this subsection,
the `applicable disbursement period' is, with respect to a
candidate seeking election for an office, the 6-month period
which begins on the day after the latest date on which an
individual may provide the appropriate State election official
with the information and fees (if any) required under State law
for the individual to qualify as a candidate for the next
election for such office. In the case of a candidate for
Senate, the office sought shall be the Senate office in the
class that ends with the term of the office for which such
candidate is seeking.
``(b) Rules for Disbursement of Funds.--Any funds to which
subsection (a) applies that are disbursed on or after the first day of
the applicable disbursement period shall be disbursed as follows:
``(1) Payment of obligations.--An authorized committee or
leadership PAC shall first pay obligations incurred in
connection with the operation of the committee.
``(2) Other permitted disbursements.--Notwithstanding
section 313(a), if, after disbursing all of the funds necessary
to pay obligations under paragraph (1), funds of a committee or
PAC remain unexpended, the committee or PAC may only disburse
such remaining funds for the following purposes:
``(A) To return to any person a contribution the
person made to the committee or PAC.
``(B) Except as provided in paragraph (3)(A), to
make a contribution to an organization described in
section 170(c) of the Internal Revenue Code of 1986.
``(3) Prohibitions.--In disbursing funds pursuant to the
requirements of this section, an authorized committee or
leadership PAC may not disburse funds during the applicable
disbursement period to any of the following:
``(A) Any organization described in section 170(c)
(other than an organization described in paragraph (1)
thereof) if--
``(i) the organization was established by
the candidate;
``(ii) the organization bears the
candidate's name; or
``(iii) the candidate or a relative of the
candidate--
``(I) is employed by such
organization;
``(II) is an officer of such
organization; or
``(III) performs services (whether
paid or unpaid) on behalf of such
organization.
``(B) Any relative of the candidate unless the
funds are disbursed to pay an obligation of the
committee as described in paragraph (1) which is
reported by the committee or PAC as a disbursement
under section 304(b)(5) or which would be so reported
if the amount of the disbursement were in excess of
$200.
``(c) Definitions.--In this section:
``(1) Leadership pac.--The term `leadership PAC' has the
meaning given such term in section 304(i)(8)(B).
``(2) Relative.--The term `relative' means, with respect to
a candidate, an individual who is related to the candidate as
father, mother, son, daughter, brother, sister, uncle, aunt,
first cousin, nephew, niece, husband, wife, father-in-law,
mother-in-law, son-in-law, daughter-in-law, brother-in-law,
sister-in-law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half brother, or half sister.''.
(b) Conforming Amendment Relating to Permitted Uses of
Contributions.--Section 313(a) of such Act (52 U.S.C. 30114(a)) is
amended by striking ``A contribution'' and inserting ``Subject to
section 303A, a contribution''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office held in November 2026 and each succeeding election for
Federal office.
SEC. 3. REQUIRING FORMER CANDIDATES SERVING AS REGISTERED LOBBYISTS TO
CERTIFY COMPLIANCE WITH DISBURSEMENT REQUIREMENTS.
(a) Certification of Compliance.--Section 4(b) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1603(b)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (7) the following:
``(8) in the case of an individual who was a candidate for
election for Federal office, a certification (under penalty of
perjury) that each authorized committee and leadership PAC (as
defined in section 304(i)(8)(B) of the Federal Election
Campaign Act of 1971) of the individual is in compliance with
section 303A of the Federal Election Campaign Act of 1971
(relating to the disbursement of funds of the committee or
leadership PAC which remain unexpended after the date of the
election).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to registration statements filed under section 4(a)
of the Lobbying Disclosure Act on or after the date of the regularly
scheduled general election for Federal office held in November 2026.
SEC. 4. REQUIRING FORMER CANDIDATES SERVING AS FOREIGN AGENTS TO
CERTIFY COMPLIANCE WITH DISBURSEMENT REQUIREMENTS.
(a) Certification of Compliance.--Section 2(a) of the Foreign
Agents Registration Act of 1938, as amended (22 U.S.C. 612(a)) is
amended by adding at the end the following:
``(12) In the case of an individual who was a candidate for
election for Federal office, a certification (under penalty of
perjury) that each authorized committee and leadership PAC (as
defined in section 304(i)(8)(B) of the Federal Election
Campaign Act of 1971) of the individual is in compliance with
section 303A of the Federal Election Campaign Act of 1971
(relating to the disbursement of funds of the committee or
leadership PAC which remain unexpended after the date of the
election).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to registration statements filed under section 2 of
the Foreign Agents Registration Act of 1938, as amended on or after the
date of the regularly scheduled general election for Federal office
held in November 2026.
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