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This file contains background material. These are handwritten notes of Becker and Ford.

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22927669
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Ford, Gerald R. - Vice Presidential Confirmation - General (3)
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22927669
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Ford, Gerald R. - Vice Presidential Confirmation - General (3)
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This file contains background material. These are handwritten notes of Becker and Ford.
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Benton L. Becker Papers
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The original documents are located in Box 1, folder "Ford, Gerald R. - Vice Presidential Confirmation - General (3)" of the Benton L. Becker Papers at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Benton Becker donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 1 of the Benton Becker Papers at the Gerald R. Ford Presidential Library November 13, 1973 Mr. Donald C. Alexander Commissioner Internal Revenue Service Washington, D. C. 20224 Dear Commissioner Alexander: I received your report dated November 9, 1973, relative to the audit of my income tax returns for the taxable years 1967-1972, inclusive. It would be appreciated if you would make available to me additional information which would reflect the scope of the examination, all issues raised and the overall results of your examination. I realize this could involve a disclosure problem. However, as an alternative and without regard to any possible statutory restrictions on disclosure of such information, I would appreciate it if you would make this information available to the Joint Committee on Internal Revenue Taxation for their information and use. Moreover, I request that all information furnished to the Joint Committee be made available by the Joint Committee to the Chairman of the appropriate committees concerned with my confirmation for their use in any manner they deem advisable. Sincerely, Gerald R. Ford, M.C. GRF:fd Call pu Gouran GERALD R LISHARY FORD STATEMENT BY THE HONORABLE GERALD R. FORD MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES BEFORD THE HOUSE COMMITTEE ON THE JUDICIARY THURSDAY, NOV. 15, 1973 ADVANCE FOR RELEASE AT 10:00 A.M. E.S.T. I am no stranger to a hearing room of the House of Representatives but this is the first time I have come before this or any other Committee of the House in the capacity of a nominee for confirmation. Indeed it is the first time in our history that anybody has. The 25th Amendment to the Con- stitution, which was framed in this Committee eight years ago, establishes the precedent that the House of Representatives as well as the Senate must advise and consent to the nomination by the President of a person to fill a vacancy in the office of Vice President of the United States. I am glad to be the guinea pig for this experiment and hope that the surgeons are skillful and the patient survives. In a more serious vein, I hope that the solemn Constitutional duty we are about to undertake will be an important part of the healing process that our government and our great country so desperately need and demand today. The llouse has been my home for 25 years. I know all of you and you all have known me on a day-to-day basis for all or some of those years. Your distinguished Chairman and I stood together and simultaneously swore to the same oath of office as freshmen Members on January 3, 1949. For nearly 11 years your distinguished Ranking Minority Member and I have been working together on behalf of our neighboring districts in Michigan. Being a lawyer I have a special respect for the competence and probity of the Committee on the Judiciary to which the rules and traditions of the House have assigned some of the most momentous Constitutional responsibilities of the Congress. To these heavy duties, fate and the untried 25th Amendment have added another, to test the qualifications and character of a potential Vice President of the United States. Of course, every Vice President is by definition a potential President of the United States. This is an awesome obligation, both for you and for me, one which in the past has been left to the wisdom or unwisdom of party standard bearers, (more) GERALD LIBRARY -2- political conventions and the more or less automatic acceptance of the electorate. On one early occasion, when the electoral vote was tied, a Vice President was chosen by the Senate, but until today the House of Representa- tives has never had a voice in the selection of the President of the Other Body. Speaking as a man of the House and a colleague, I want this Committee and the whole House to do a good job. Over the past four weeks, some of my loyal and impatient friends have said to me, "Why are they taking so long? We can understand the Senate where they don't know you so well. But the House should have confirmed you by unanimous consent the next morning." Such sentiments make me feel good, of course. But I doubt whether I could have gotten unanimous consent. And even if a few Members could have been lured into the cloakrooms, it wouldn't have been good for the country. It is the country we have to think about, Mr. Chairman and members of the Committee, not Jerry Ford or the House or the Congress or majority or minority or the segments of the country that each of us represent. I am sure each and every one of us is thinking of the country, and will carry out in our own ways the oath we have taken together. So although we have been friends and I hope will be friends and col- leagues, I want no special favor in presenting myself for your questions. I ask that you consider me as you would any other American in my position -- or perhaps I should say in my predicament -- and as you would the nominee of any duly elected President under the provisions of the 25th Amendment. I suspect that from the investigative reports you have received that you know more about Jerry Ford than I know about myself -- the FBI wouldn't let me read their report but I understand it is the most exhaustive they have ever made, not to mention the investigations of the Internal Revenue Service, the General Accounting Office, and your own thorough staff. I believe I have co-operated fully and complied faithfully with every request made of me for information and records bearing upon my fitness for the office of Vice President, and while this has been a time-consuming and monumental task, everyone concerned has conducted it with great courtesy and (more) GERALD -3- civility. I would like to see this spirit in public business become con- tagious, Mr. Chairman. There are just four points I would like to make at the outset. Although I have said them publicly and before the Senate Committee I am still a Member of the House, and I cannot quite consider them official until they become a part of the record of this body, which I am not ashamed to say I love deeply. First, I have made some mistakes and will probably make some more. I don't know anybody who hasn't. I hope my past mistakes have been honest ones and that my future mistakes will be few. I hope I never get to the point where I can't admit I'm wrong. Second, I believe in looking forward rather than backward. Of course we learn from the past, but we live for the present and the future. I don't believe in replaying last Saturday's game but in training hard for next Saturday's. I tend to forget the bad plays and remember the scoring ones -- but the upcoming game is always the best of all. Third, I think people ought to tell the truth. Especially politicians. In the quarter century I have served in the Congress the best politicians I have known have been those who never misled me or anybody else. They have been the most successful, because people trusted them, and kept on re- electing them. And in spite of all the cynicism you hear and read about our profession of politics, I believe there are as many honest men and women in it as in most occupations, and probably more. Finally, I believe in friendly compromise. I said over in the Senate hearings that truth is the glue that holds government together. Compromise is the oil that makes government go. The office in the Capitol which I have the honor to use, and which regrettably I may have to move out of soon, was for many years the Speaker's. During the period between the 79th and 84th Congresses the late Sam Rayburn and the late Joe Martin had to switch offices so many times that the last time they agreed to put a stop to it. So H-230 wound up the Minority Leader's Office. (more) FORD LIBRARY A GERALD -4- These two great leaders of their respective parties fought their legislative battles every day, but almost every evening after adjournment they sat down in that office, with its beautiful sunset view down the Mall to the Lincoln Memorial and poured a little of the potion which Mr. Sam prescribed to "strike a blow for liberty". I believe he inherited that ex- pression from Speaker and later Vice President John Nance Garner. The Democrat from Texas Mr. Sam, and the Republican from Massachusetts Mr. Martin were fast friends, and they shared their friendship with others on Capitol Hill and with the transient occupants of the White House of both parties who sought their help and counsel. I recall particularly President Eisenhower telling how much he relied on Mr. Sam when the interests of the country were really at stake. They could compete but they could also com- promise. Mr. Chairman, if I am confirmed as Vice President -- the first leader of the House since Speaker Garner to make that abrupt change from one side of the Capitol to the other -- my intention will be to use whatever reputa- tion for truth and fairness I have acquired in the House, and whatever capacity for friendship and reasonable compromise I have achieved in the House, to make this government work better for the good of all Americans. Not only as between the House and the Senate and between the Congress and the Executive Branch, but between individuals in both parties who I am proud to count as my friends. This is not a spectacular role for the next three years, but it is one I believe to be needed, and to which I can bring a certain amount of experience. Mr. Chairman, I am continually being asked in recent weeks -- Do I support the President on this? Do I support the President on that? Do I support the President in general? I cannot imagine why people keep asking me this and I am confident the members of this Committee will not do SO. My colleagues know the answer very well, if they have been listening to me even one-tenth of the time -- which is asking quite a lot. Of course I support the President. He is my friend of a quarter cen- tury. His political philosophy is very close to my own. He is the head of my party and the Constitutional Chief Executive of the nation. He was chosen (more) -5- quite emphatically by the people a year ago as I -- if confirmed as Vice President -- will not have been. Not only have I usually supported President Nixon in the House -- I also supported Presidents Truman and Eisenhower and Kennedy and Johnson, whenever the national interest was at stake. As a Member of Congress I have voiced my support of Presidents publicly when I thought they were right and my criticisms publicly when I thought they were wrong. To be honest, I imagine that as Vice President you do your Presidential criticizing a little more privately than publicly. But those of you who know me know that I am my own man and that the only pledge by which I have bound myself in accepting the President's trust and confidence is that by which we are all bound before God and under the Constitution, to do our best for America. Ladies and Gentlemen, I am ready for your questions. # # # STATEMENT BY THE HONORABLE GERALD R. FORD MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES BEFORD THE HOUSE COMMITTEE ON THE JUDICIARY THURSDAY, NOV. 15, 1973 ADVANCE FOR RELEASE AT 10:00 A.M. E.S.T. I am no stranger to a hearing room of the House of Representatives but this is the first time I have come before this or any other Committee of the House in the capacity of a nominee for confirmation. Indeed it is the first time in our history that anybody has. The 25th Amendment to the Con- stitution, which was framed in this Committee eight years ago, establishes the precedent that the House of Representatives as well as the Senate must advise and consent to the nomination by the President of a person to fill a vacancy in the office of Vice President of the United States. I am glad to be the guinea pig for this experiment and hope that the surgeons are skillful and the patient survives. In a more serious vein, I hope that the solemn Constitutional duty we are about to undertake will be an important part of the healing process that our government and our great country so desperately need and demand today. The House has been my home for 25 years. I know all of you and you all have known me on a day-to-day basis for all or some of those years. Your distinguished Chairman and I stood together and simultaneously swore to the same oath of office as freshmen Members on January 3, 1949. For nearly 11 years your distinguished Ranking Minority Member and I have been working together on behalf of our neighboring districts in Michigan. Being a lawyer I have a special respect for the competence and probity of the Committee on the Judiciary to which the rules and traditions of the House have assigned some of the most momentous Constitutional responsibilities of the Congress. To these heavy duties, fate and the untried 25th Amendment have added another, to test the qualifications and character of a potential Vice President of the United States. Of course, every Vice President is by definition a potential President of the United States. This is an awesome obligation, both for you and for me, one which in the past has been left to the wisdom or unwisdom of party standard bearers, (more) -2- political conventions and the more or less automatic acceptance of the electorate. On one early occasion, when the electoral vote was tied, a Vice President was chosen by the Senate, but until today the House of Representa- tives has never had a voice in the selection of the President of the Other Body. Speaking as a man of the House and a colleague, I want this Committee and the whole House to do a good job. Over the past four weeks, some of my loyal and impatient friends have said to me, "Why are they taking so long? We can understand the Senate where they don't know you so well. But the House should have confirmed you by unanimous consent the next morning." Such sentiments make me feel good, of course. But I doubt whether I could have gotten unanimous consent. And even if a few Members could have been lured into the cloakrooms, it wouldn't have been good for the country. It is the country we have to think about, Mr. Chairman and members of the Committee, not Jerry Ford or the House or the Congress or majority or minority or the segments of the country that each of us represent. I am sure each and every one of us is thinking of the country, and will carry out in our own ways the oath we have taken together. So although we have been friends and I hope will be friends and col- leagues, I want no special favor in presenting myself for your questions. I ask that you consider me as you would any other American in my position -- or perhaps I should say in my predicament -- and as you would the nominee of any duly elected President under the provisions of the 25th Amendment. I suspect that from the investigative reports you have received that you know more about Jerry Ford than I know about myself -- the FBI wouldn't let me read their report but I understand it is the most exhaustive they have ever made, not to mention the investigations of the Internal Revenue Service, the General Accounting Office, and your own thorough staff. I believe I have co-operated fully and complied faithfully with every request made of me for information and records bearing upon my fitness for the office of Vice President, and while this has been a time-consuming and monumental task, everyone concerned has conducted it with great courtesy and (more) -3- civility. I would like to see this spirit in public business become con- tagious, Mr. Chairman. There are just four points I would like to make at the outset. Although I have said them publicly and before the Senate Committee I am still a Member of the House, and I cannot quite consider them official until they become a part of the record of this body, which I am not ashamed to say I love deeply. First, I have made some mistakes and will probably make some more. I don't know anybody who hasn't. I hope my past mistakes have been honest ones and that my future mistakes will be few. I hope I never get to the point where I can't admit I'm wrong. Second, I believe in looking forward rather than backward. Of course we learn from the past, but we live for the present and the future. I don't believe in replaying last Saturday's game but in training hard for next Saturday's. I tend to forget the bad plays and remember the scoring ones --- but the upcoming game is always the best of all. Third, I think people ought to tell the truth. Especially politicians. In the quarter century I have served in the Congress the best politicians I have known have been those who never misled me or anybody else. They have been the most successful, because people trusted them, and kept on re- electing them. And in spite of all the cynicism you hear and read about our profession of politics, I believe there are as many honest men and women in it as in most occupations, and probably more. Finally, I believe in friendly compromise. I said over in the Senate hearings that truth is the glue, that holds government together. Compromise is the oil that makes government go. The office in the Capitol which I have the honor to use, and which regrettably I may have to move out of soon, was for many years the Speaker's. During the period between the 79th and 84th Congresses the late Sam Rayburn and the late Joe Martin had to switch offices so many times that the last time they agreed to put a stop to it. So H-230 wound up the Minority Leader's Office. (more) -4- These two great leaders of their respective parties fought their legislative battles every day, but almost every evening after adjournment they sat down in that office, with its beautiful sunset view down the Mall to the Lincoln Memorial and poured a little of the potion which Mr. Sam prescribed to "strike a blow for liberty". I believe he inherited that ex- pression from Speaker and later Vice President John Nance Garner. The Democrat from Texas Mr. Sam, and the Republican from Massachusetts Mr. Martin were fast friends, and they shared their friendship with others on Capitol Hill and with the transient occupants of the White House of both parties who sought their help and counsel. I recall particularly President Eisenhower telling how much he relied on Mr. Sam when the interests of the country were really at stake. They could compete but they could also com- promise. Mr. Chairman, if I am confirmed as Vice President -- the first leader of the House since Speaker Garner to make that abrupt change from one side of the Capitol to the other -- my intention will be to use whatever reputa- tion for truth and fairness I have acquired in the House, and whatever capacity for friendship and reasonable compromise I have achieved in the House, to make this government work better for the good of all Americans. Not only as between the House and the Senate and between the Congress and the Executive Branch, but between individuals in both parties who I am proud to count as my friends. This is not a spectacular role for the next three years, but it is one I believe to be needed, and to which I can bring a certain amount of experience. Mr. Chairman, I am continually being asked in recent weeks -- Do I support the President on this? Do I support the President on that? Do I support the President in general? I cannot imagine why people keep asking me this and I am confident the members of this Committee will not do SO. My colleagues know the answer very well, if they have been listening to me even one-tenth of the time -- which is asking quite a lot. Of course I support the President. He is my friend of a quarter cen- tury. His political philosophy is very close to my own. He is the head of my party and the Constitutional Chief Executive of the nation. He was chosen (more) -5- quite emphatically by the people a year ago as I -- if confirmed as Vice President -- will not have been. Not only have I usually supported President Nixon in the House -- I also supported Presidents Truman and Eisenhower and Kennedy and Johnson, whenever the national interest was at stake. As a Member of Congress I have voiced my support of Presidents publicly when I thought they were right and my criticisms publicly when I thought they were wrong. To be honest, I imagine that as Vice President you do your Presidential criticizing a little more privately than publicly. But those of you who know me know that I am my own man and that the only pledge by which I have bound myself in accepting the President's trust and confidence is that by which we are all bound before God and under the Constitution, to do our best for America. Ladies and Gentlemen, I am ready for your questions. # # # Rodino: Confidentrality Executive Program Prv. -April 4,63 statement. solV BB 11 --- I as 0,36 1881 s afqueq add vd vilsoliadque sttup .nesd eved Jon Iltw -- I - seuoH add at nomM becroque I eved vino soll monthol bna channell box revodnest3 bits ASSUT berroque oals svad I assigned 10 reitmeM S as .93638 36 RSW JESTICE Isnolian add revensiv bas grigin 919W verb Edguado I nerly violidug to froque Vm beolov .gnorw STOW yes!! signature I neriv Vickiduq Vm THOY ob NOV Insbless? salV 88 Jails entgem) I , teenod sd oT word oder NOT to seods dull .victIduq nade vissaving STORT elssti 6 baued aved I notde vd sgbalq vino add ands bne nom nwo Vm ms 1 звло word 9m ou doldw vd ands at bns JENTI e'chebiser9 add nt Hearm TOI tasd TWO ob 03 add Isbno birs bod stoted brived He DIS .solromA TOOY 201 visas me I ,namelined bas selbal 4 1 # FORD R. 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THORNTON Energy GERALD FORD ERWARDS Agnew. before pleading Hontzmal Out, 1972-CREEP funds =w. N. internet in Brom litter = Pakmon- Nov.1, 1972- Report- "last mind Anker tubus" Preshiation Invoice markings - 1973 Crystal Bounfill /RS-Finamil flash Petulu Fosafild SARBANGS HRS x politics - Spinking atyles- Vetor overndes - This corponers- farth 6 crisis M 12 herein MAZVINSKY Institut 1972 - our Am Mary Dan- 1000 The 592 youdy - GERALD LIBRARY FORD 1) Read 2 contribution liths 2) Broks 3) WALDIE / lifen - 12/10/1969 TO Feed's office Pall to Mitchell - no date- William Eash pert of sinia of Daylos H 750 - "axtriss THE Enterted matchle "Fellong my T1, 1969 assed H. townkan and tres w/ Deuglas -smer of 1939- 1 "Cruas" 844 shorty for Ferther 871> Cartoward mitchell ' Decurbe'' 853- sm Witson Establis- what everyone A-sentions Q. OCT, meter A- Best good Q-1"2 novth later saw latson A,- yrs D- Trabled by July ? 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A- Brbaied would- Contacted Juster X asked To companite Serbirling Feeling of anity unfil Emere yourt Bry - Walsis Pq24 HRes 920 three comporative letter- Resure request greater coop. - Die 12- got normal - April16- inspead- Any5-1970 - Cellar capalar Anjo7- Justive Py824- - 838- 1 840 1 Prival 820 1 810 - litter 8/1 - no coop Famtia everyeary adaquite coof I Why written over - Presibe as Dept. Puting record- N Marpo, 1970- artule Phily Warden GERALD THE FORD DRINAM MFN Liws (Trade Refund all citizens hald Approve stop moy Only. Dec. ofthren Rrs.- Puid wine dineted Concers1 Jordan THORMONA) matakes nor say 1 mony resign Drugarow. - Commins - March3, 1971 - Leaver not libral Comon cause - Raizzoruez Dangrious to way Alife Nezvirsky Toy drd, a mirakes Minen offersed 1910 Cont. Pgz - corp. Cun treasurer B.C, Comittes- Mindet Steps 18, all - to find out- = m5 carpronise GERALD LIBRARY FORD Exwards/ Wilson on Douglas Sanr tips-Justrie If bacore thi- Darozabry on n/o- Ab-Dug 17-1970 letter all from 7 BI, Outside Guesne - 1960s - Legal survices - - Rapist an Brount Sm, Dr & may not be HALDIE ) Include documents 106- / Classified \ Call to Ab subseying to Brhines Philable asking nov to drew lur bn Construction of to of law Di you believe wichael send vilson w/ D consent Dennis 9 Nipor? SEIBERLING) Didoctor Partis an role- - UNIT GERMADO FORD LIBRARY S.E. Dain Lams Fay move i Trays Marynel Respects yourse Apreabe assurity Davilm Py847- - Draguah - Donylas t 500 count - - Eyes order favous contribute 50,000 - Relationsly of cant factor- Ronere Every list pure hairete Conyers Lathers-mary \ one ? PTA 1 yours HOLZMAH Nopton thank 3, 1571 m Gordan - chack to DC Dant- - (5002) 11 n- Baulaj & Cunsuy- - Aug Qradline- Compus Kalloar - WB- 15000 withing in - Huchwh Cultural enclage ms Lather VONTS, GERALD FORD LIBRANT NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Presidential Libraries Withdrawal Sheet WITHDRAWAL ID 02620 REASON FOR WITHDRAWAL Donor restriction TYPE OF MATERIAL Note DESCRIPTION Handwritten note regarding individual in St. Elizabeth's Hospital. CREATION DATE 1973 COLLECTION/SERIES/FOLDER ID 023800008 COLLECTION TITLE Benton L. Becker Papers BOX NUMBER 1 FOLDER TITLE Ford, Gerald R. - Vice Presidential Confirmation - General (1)-(3) DATE WITHDRAWN 05/15/1991 WITHDRAWING ARCHIVIST KLG Allan Alan 25.1680 + Wants resulations - all available 1 - - coils reproduce LIBRARY GERALD R. FORD Canyers consibility as visturially has, Rodine 4 April4,73 speach Exc. Purilege- Com, Tylor A Cerrent providing :- Individual hasis - whit in in untimal istand - on 1 not nal Received Termine investigation Pred - inving Yes, Vr, crimality lune few ) no,- Qualified is - GR-58-59yu Davis AUE Rafrom more n Top before My (194%) Salury mininar - 1/3/73 ny% Concern cred. first Haw, a Jr. hey Rrs hugard X you TO Since " makings w/ Cagar u prin corference a Groun contacts. Comil cate Rostor- congressional trading 20 Clory 11,500- 23 Broofs Norna 3 - Jor olor Smily Ins. Daffins CIA,Ere China- D.R.- KANTOMEILR I Agrees w/ Copy EUS "dilina" FBI files - stymp prn. gepooal Differ from Presid at - 1 not rubben skup. - 1- Hestory triw funds 2- GERALD LIBRATY RFOID Barmomore Public Finaning finality parkins Visab corp. contrils - valuetary - Limis annew = Card' Q. EDWARKS Martias - 25$ Annal Name *I fift = Luch FBI NUMBAX / vomi yals Recard communitions. - Knobadge Pune frequency - mere Every with n word Family and a "morging itim Ewn Rts - put asid , - nal. w/ present Comyer then my w/punds ER Civil Rrs Later To Marks regames PB, Galdirt request Mhrs ? quilt from Demmis FBI-Come Others quote Spand Ennance & Concrum - Jaronki Leanned Hasl American Forer Pomb And Jonasli us ?- Soint Urnin FORD I E aska Oil- GERALD Fish Liddy Duchsea County. VIALDIE Bittmen- Berlase Birthmenne apparr Moxyon Fand Sharlage 1 Brelan family - Flowers Ratining - Schulley (no) (USER) Indianal system - Parri + Fed Luck #HOGAN Lemo- 150,000 leyrs. - .29 Mamm how A order good- Cowrd order- Suliponia- personds Erown respoct for tan- Caphy w/ higher cant KSATINE Other criminal and in Ford can producer credibiting Dezna Brid East- > SARIOANES A Present Colunct delegat with Co. , Hc MB- Paling molors - compin Calinet Butter WH. stopf testify ing ? Praparyothy on confirmation VAr Coco- condo.- -Barrownd /SEIBERLING Press have RT, to offairs" 1 GERALD R. FORD Partagan papers- deadoms you A (COMEM Elobing case went - Electron w/ Byn Mayed? dn Exper prive Pumpsitive eqr. = crimal art - no Sprint prosecuter angha to time over Mar's Security - April 763 Donnars not smar as advire X zonard Connt at Authrity- June 19 1972- - on United - Funidus re: Watern atr- stupid on ir.G. - 4dms often i/ Know any toy - - Bail mony neo; ZOZET Divillnoin ment- Ford help orderant- yourst ( Carger Pan) Earlisr liavan Woman Bill - coordinate spendy DRINEN Souritory bilos new Anawer 3 Qs- Report Carponse Ready to NOME Wondrived wherever important? yes v.ve mm.- not time RANGEL Emory his- No- Sugmant injo Earlms- resulation wordfor * Clear myo improved before corputer? Who.- obly'ation 7. art- Eyeo. growing vs lrq. FORD LIBRARY A GERALD Clean-up mist alass of part Crunt at- UNE so voly Issur orisided Por PRN Commen. pinns amms & mur Desumed no wafakin of law f N Rule 8- perming when N Top primity - Summil VARRITT 2nd verfair 1 sydders of Rec One of friend VPs THIRNTON Fendig TOO hong Thro- 1 brood x deep In perples' electron - HOLTZON four Banding - Noulks 1970 — corpined w/o heart atm Falms M driptos G mains rm - around Totally hour know differenty 1 pnd on scates. 300 boding years one of its bearm sharkdn's Owear Insurer opens extreises m flow Taxretures - mb your lath when up Ham available to meday Prividential Loys- Public hag MEZVINSKY pens, w President's tap Princith Hay returns papers -Indisided President sid V all garada is no procedult WNT yrs Ear before evitter Rodinol an havens Cwil Rights - Makimal Basis Hutchmin Remisited Donlar Oct1 1966- Ready of Wed, Stray from rule of laws President husay - flow not videots Pyril 10, 1971 "no frans what elent, amprover Have 1972 Set Senser Dan,- G. grand even for Mar 1. Seconity April 30 165 yals 1 MClory 1- Tryat for my avone infentive pover 2- Property for 37 Humarins - New canty for Mils- friend hore 1 4 Pay taxes personal your / Broobs Dra- Agrew - Liddy - "convicted" Dorlet of intrgrily- - mobelines Anil 350 Valn Spings Calif - April 922 Rogard - 10. pn No And 5t FORD LIBRARY GERALD Us. us Brairstar + illegal gratuity Bibe 25,000 district com. ouo- ofter got ## 1973- 36- Corparations make - costribities A. - intere Evadsver TO contray c) 1971- Cardidate disclased- Tile III prive - Dale 43, Code of final 1968' Conduct mak he kept superate phanel finds" no caysagn funds for provided WE in expens of rait of by & venified - prission carporgn expenser. - Sepsed san funds form congray and TO (Tabn Dold promoun) bro fide caraign - MOT newslettus- 1 I.R.S. ? - stab define carpaign perpose WD taxable of spect for as similar puparia GERALD FORD Murgrapres ? Tabe statem. - what are 168.904 campain? 1947-49 - any mn an elstion - pwe Exprr.) Option send or conditate 2) Painty Light its ( make pathi (2) 3) may exp- 4/ Office 5) Parronal 6/ challengus 1/ Sparters. 81 Lists 9) Cananes 10) Tranp. of vaturs 17) A Hamays NONE- as construed. - speakers. valuetre work mt immed 1971 ACT- Clerk- ant- must declare- 1940 - leays Meave- +7 credit- #50 Contributor Takes for diductions thing tab eligible Lands -100- camot connect the pan use canot return Transary: Fred w. Nicbmen Contrib pressured TIVE campayn- non-texable - office experses - meant = spect if are year- Law. Commications - ignal time - FORD LIBR GERALD Tap Art 1970- Ofform- contiductors - candidate of amance candidary before Dro. 31-all desduction Male -A are party't all (-mg+) 3% shy wedness John The Guifty 51125(a) school ) mings 10 rid 18 (1 swither to grant (01 surnatiff (55 brustine sio show V whild -rafi Irpil swable Kamm -Two 0ZA liker tot - -orpi ++ Not volution) -001- alamy not party 300.00g ats Thomas Kines mutter Zomes =wardwild and insurance NOT briving distra abbut -mair - thair - maighwifts suifts - trup = job - 1-1-1 lays - - - ospi MA quo\ GERALD reful problems summer 11078.00 Whitlow- To appear ? Secty offate invoiclin pe FECB Today- - (Pq/13) Dc Comittee - Hings Passed 1/19/1992 K refrie Limits: ; 104 X VOTING A6E POP, 0,050,000 1046)I(0) Comminal is Primary, TOO - = consumprist + meat by Day com TTEE for Legally qualified cardit 29 a) law or b) funds 0439- - Fill copy sente for candid acy officer too 1972- - Pin TO Apr18, 1972 Ch8- 0241(c) Difi Demistere 1 (1)- 200 move stayes State 1 (i) "state" includes territory or DC. 431(a)-B) & — 1972 GERALO R FORD LIGHAR 1 I are Ed VAS Cabe mike The Kay -> Improver of sution I Election 1 7nd. Smite P.O Couldro. Lagila yim Cound Camel Can. REFORD LIBRARY & GERALD P.L. 92-225 LAWS OF 92nd CONG.-2nd SESS. Feb. 7 REPORTS BY OTHERS THAN POLITICAL COMMITTEES Sec. 305. Every person (other than a political committee or can didate) who makes contributions or expenditures, other than by con- tribution to a political committee or candidate, in an aggregate amount in excess of $100 within a calendar year shall file with the supervisory officer a statement containing the information required by section 304. Statements required by this section shall be filed on the dates on which reports by political committees are filed but need not be cumulative. FORMAL REQUIREMENTS RESPECTING REPORTS AND STATEMENTS Sec. 306. (a) A report or statement required by this title to be filed by a treasurer of a political committee, a candidate, or by any other person, shall be verified by the oath or affirmation of the per- son filing such report or statement, taken before any officer author- ized to administer oaths. (b) A copy of a report or statement shall be preserved by the person filing it for a period of time to be designated by the super- visory officer in a published regulation. (c) The supervisory officer may, by published regulation of gen- eral applicability, relieve any category of political committees of the obligation to comply with section 304 if such committee (1) pri- marily supports persons seeking State or local office, and does not substantially support candidates, and (2) does not operate in more than one State or on a statewide basis. (d) The supervisory officer shall, by published regulations of general applicability, prescribe the manner in which contributions and expenditures in the nature of debts and other contracts, agree- ments, and promises to make contributions or expenditures shall be reported. Such regulations shall provide that they be reported in separate schedules. In determining aggregate amounts of contri- butions and expenditures, amounts reported as provided in such reg- ulations shall not be considered until actual payment is made. REPORTS ON CONVENTION FINANCING Sec. 307. Each committee or other organization which- (1) represents a State, or a political subdivision thereof, or any group of persons, in dealing with officials of a national political party with respect to matters involving a convention held in such State or political subdivision to nominate a candi- date for the office of President or Vice President, or (2) represents a national political party in making arrange- ments for the convention of such party held to nominate a can- didate for the office of President or Vice President, shall, within sixty days following the end of the convention (but not later than twenty days prior to the date on which presidential and 18 FORD s GERALD Ch. 8 TITLE 2-THE CONGRESS $ OLD 241 CHAPTER 8.-FEDERAL CORRUPT PRACTICES and E Sec. Sec. 241. Definitions. 247. Statements; verification; filing; 242. Chairman and treasurer of political preservation; inspection. committee; duties as to contribu- 248. Limitation upon amount of expendi- tions: accounts and receipts. tures by candidate. 243. Accounts of contributions received. 249. Promises or pledges by candidate. 241. Statements by treasurer filed with 250. Expenditures to influence voting. Clerk of House of Representatives. 251. Contributions by national banks or 245. Statements by others than political other Federal corporations; pen- committee filed with Clerk of alty. House of Representatives. 252 General penalties for violations. 246. Statements by candidates for Sena- 253. Expenses of election contests. tor, Representative, Delegate, or 254. State laws not affected. Resident Commissioner filed with 255. Partial invalidity. Secretary of Senate and Clerk of 256. Citation. House of Representatives. Section 241. Definitions. When used in this chapter— (a) The term "election" includes a general or special election, and, in the case of a Resident Commissioner from the Philippine Islands, an election by the Philippine Legislature, but does not include a primary election or convention of a political party; (b) The term "candidate" means an individual whose name is pre- sented at an election for election as Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States, whether or not such individual is elected; (c) The term "political committee" includes any committee, associa- tion, or organization which accepts contributions or makes expenditures for the purpose of influencing or attempting to influence the election of candidates or presidential and vice presidential electors (1) in two or more States, or (2) whether or not in more than one State if such com- mittee, association, or organization (other than a duly organized State or local committee of a political party) is a branch or subsidiary of a national committee, association, or organization; (d) The term "contribution" includes a gift, subscription, loan, ad- vance, or deposit, of money, or anything of value, and includes a con- tract, promise, or agreement, whether or not legally enforceable to make a contribution; 1 (e) The term "expenditure" includes a payment, distribution, loan, advance, deposit, or gift, of money, or any thing of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure; (f) The term "person" includes an individual, partnership, commit- tee, association, corporation, and any other organization or group of persons; (g) The term "Clerk" means the Clerk of the House of Representa- tives of the United States; (h) The term "Secretary" means the Secretary of the Senate of the United States; (i) The term "State" includes Territory and possession of the United States. (June 25, 1910, c. 392, $$ 1, 8, 36 Stat. 822* Aug. 19, 1911, C. "", 824" should be added. 71 FORD GERALD § 241 TITLE 2.-THE CONGRESS Ch. 1 Ch. 8 TITLE 2-THE CONGRESS $ 240 33, § 2, 37 Stat. 26; Aug. 23, 1912, c. 349, 37 Stat. 360; Feb. 28, 1925, half of a political committee exceeding $10 in amount. The treasurer c. 368, Title III, § 302, 43 Stat. 1070.) shall preserve all receipted bills and accounts required to be kept by Historical Note this section for a period of at least two years from the date of the This chapter is the "Federal Corrupt Practices Act of 1925." An earlier act on filing of the statement containing such items. (June 25, 1910, c. 392, acted June 25, 1910, c. 392, was with all amendments thereto expressly repealed by §§ 2, 3, 36 Stat. 823; Feb. 28, 1925, c. 368, Title III, § 303, 43 Stat. the later act. 1071.) Notes of Decisions 1. Power of Congress.-The power, un- court or grand jury over the subject-mat. der the Constitution of the United States, I 243. Accounts of contributions received. Every person who re- ter that is under inquiry." of Congress to make such provisions as ceives a contribution for a political committee shall, on demand of are necessary to secure the fair and honest 2. Primary election as "election."-The word "election" as used without qualifies. the treasurer, and in any event within five days after the receipt of conduct of an election at which a member of Congress is elected cannot be ques- tion, refers to a general election and - such contribution, render to the treasurer a detailed account thereof, tioned. Ex parte Coy (Ind. 1888) 127 U. S. to a primary election. U. S. V. O'Toole ID. including the name and address of the person making such contribu- 731, 8 S. Ct. 1263, 32 L. Ed. 274. C. W. Va. 1010) 236 F. 993. In Blair V. U. S. (N. Y. 1919) 250 U. S. The Corrupt Practice Act of 1010 tion, and the date on which received. (June 25, 1910, c. 392, § 4, 36 273, 30 S. Ct. 468, 63 L. Ed. 979, affirming ognizing primary elections and limiting Stat. 823; Feb. 28, 1925, c. 368, Title III, § 304, 43 Stat. 1071.) (D. C. 1918) 253 F. 800, the constitu- the expenditures of candidates for sension tionality of the Corrupt Practice Act of in connection with them was held not is effect an adoption by Congress of ell $ 244. Statements by treasurer filed with Clerk of House of Repre- 1910 was challenged by witnesses sum- moned to testify before a grand jury in an state primary laws. U. S. V. Gradwed sentatives. (a) The treasurer of a political committee shall file with investigation instituted thereunder, but 1917) 243 U. S. 476, 37 S. Ct. 407. 61 1. IL the Clerk between the 1st and 10th days of March, June, and Septem- the question was not passed on, the court 857, affirming (D. C. R. I. 1010) 231 r 440, and U. S. V. O'Toole (D. C. W. Ta ber, in each year, and also between the 10th and 15th days, and on the holding that witnesses had no power to raise it, and saying: "The same consti- 1916) 236 F. 993. 5th day, next preceding the date on which a general election is to be tutional question was stirred in U. S. V. 3. Mandamus.-Under the Corrupt Pre- held, at which candidates are to be elected in two or more States, and Gradwell (R. I. 1017) 243 U. S. 476, 487, 37 tice Act of 1010, it was held that there will also on the 1st day of January, a statement containing, complete as S. Ct. 407, 61 L. Ed. 857, 865, but its de- no remedy given by mandamus to enforce termination was unnecessary for the deci- the provisions of the Act. In re Illudes of the day next preceding the date of filing- sion of the case, and for this reason It was (D. C. Mo. 1920) 260 F. 152 The cours (1) The name and address of each person who has made a contribu- left undetermined, as the opinion states. said: "Enforcement is by Indictment and Considerations of propriety, as well as tion to or for such committee in one or more items of the aggregate trial in the customary way. No month long-established practice, demand that we by original action in mandamus is give amount or value, within the calendar year, of $100 or more, together refrain from passing upon the constitu- those injured. The proceeding here to with the amount and date of such contribution; tionality of an act of Congress unless neither an inquiry by a grand Jory zir obliged to do 80 in the proper perform- (2) The total sum of the contributions made to or for such commit- the trial of a criminal case under three ance of our judicial function, when the acts. Though Congress might provide too tee during the calendar year and not stated under paragraph (1) question is raised by a party whose inter- federal supervision of all elections. Dr. (3) The total sum of all contributions made to or for such commit- ests entitle him to raise it. We do not mary, general, and special, relating 10 think the present parties are 80 entitled, nomination and election to office under the tee during the calendar year; since a brief consideration of the relation Constitution and laws of the l'aited (4) The name and address of each person to whom an expenditure of a witness to the proceeding in which he States, and provide for enforcement 114m in one or more items of the aggregate amount or value, within the cal- is called will suffice to show that he is not of by mandamus, or any other suffable Interested to challenge the jurisdiction of remedy, it has not done 80." endar year, of $10 or more has been made by or on behalf of such com- mittee, and the amount, date, and purpose of such expenditure; § 242. Chairman and treasurer of political committee; duties as to (5) The total sum of all expenditures made by or on behalf of such contributions; accounts and receipts. (a) Every political commit- committee during the calendar year and not stated under para- tee shall have a chairman and a treasurer. No contribution shall be graph (4) accepted, and no expenditure made, by or on behalf of a political com- (6) The total sum of expenditures made by or on behalf of such com- mittee for the purpose of influencing an election until such chairman mittee during the calendar year. NA and treasurer have been chosen. (b) The statements required to be filed by subdivision (a) shall be (b) It shall be the duty of the treasurer of a political committee cumulative during the calendar year to which they relate, but where to keep a detailed and exact account of- there has been no change in an item reported in a previous statement (1) All contributions made to or for such committee; only the amount need be carried forward. (2) The name and address of every person making any such contri- (c) The statement filed on the 1st day of January shall cover the bution, and the date thereof; preceding calendar year. (June 25, 1910, c. 392, §§ 5, 6, 36 Stat. 823; (3) All expenditures made by or on behalf of such committee; and Aug. 19, 1911, c. 33, § 1, 37 Stat. 25; Feb. 28, 1925, c. 368, Title III, § (4) The name and address of every person to whom any such 11. 305, 43 Stat. 1071.) penditure is made, and the date thereof. 8 245. Statements by others than political committee filed with (c) It shall be the duty of the treasurer to obtain and keep A Clerk of House of Representatives. Every person (other than a po- ceipted bill, stating the particulars, for every expenditure by or on Ch. 8 other than by contribution to a political committee, aggregating $50 TITLE 2.-TIIE CONGRESS s 243 or more within a calendar year for the purpose of influencing in conventions it was held Invalid because primaries. The 17th Amendment dealing two or more States the election of candidates, shall file with the Clerk at the time it was enacted the only source with the election of Senators was held to an itemized detailed statement of such expenditure in the same man- of power which Congress possessed over antedate that section and 80 could not be elections for Senators and Representatives considered in connection with it. New- ner as required of the treasurer of a political committee by section was U. S. Const., Art. 1, $ 4, which regu- berry Y. U. S. (Mich. 1921) 250 U. S. 232, 244 of this title. (June 25, 1910, c. 392, § 7, 36 Stat. 824; Feb. 28, Inted the manner of holding such elections, 41 S. Ct. 409, 05 L. Ed. 913. See, also, U. S. and the language of that constitutional 1925, c. 368, Title III, § 306, 43 Stat. 1072.) V. Cameron (D. C. Ariz. 1022) 282 F. 0S4. provision was not broad enough to include $ 246. Statements by candidates for Senator, Representative, Dele- gate, or Resident Commissioner filed with Secretary of Senate and $ 247. Statements; verification; filing; preservation; inspection. Clerk of House of Representatives. (a) Every candidate for Senator A statement required by this chapter to be filed by a candidate or shall file with the Secretary and every candidate for Representative, treasurer of a political committee or other person with the Clerk or Delegate, or Resident Commissioner shall file with the Clerk not Secretary, as the case may be- less than ten nor more than fifteen days before, and also within (a) Shall be verified by the oath or affirmation of the person filing thirty days after, the date on which an election is to be held, a state- such statement, taken before any officer authorized to administer oaths; ment containing, complete as of the day next preceding the date of (b) Shall be deemed properly filed when deposited in an established filing- post office within the prescribed time, duly stamped, registered, and di- (1) A correct and itemized account of each contribution received by rected to the Clerk or Secretary at Washington, District of Columbia, him or by any person for him with his knowledge or consent, from any but in the event it is not received, a duplicate of such statement shall source, in aid or support of his candidacy for election, or for the pur- be promptly filed upon notice by the Clerk or Secretary of its nonre- pose of influencing the result of the election, together with the name ceipt; of the person who has made such contribution; (c) Shall be preserved by the Clerk or Secretary for a period of two (2) A correct and itemized account of each expenditure made by him years from the date of filing, shall constitute a part of the public records or by any person for him with his knowledge or consent, in aid or sup- of his office, and shall be open to public inspection. (June 25, 1910, c. port of his candidacy for election, or for the purpose of influencing the 392, § 8, 36 Stat. 824; Aug. 19, 1911, c. 33, § 2, 37 Stat. 26; Aug. 23, result of the election, together with the name of the person to whom 1912, c. 349, 37 Stat. 360; Feb. 28, 1925, c. 368, Title III, § 308, 43 Stat. such expenditure was made; except that only the total sum of expendi- 1072.) tures for items specified in subdivision (c) of section 248 of this title Notes of Decisions need be stated; 1. Notary public as authorized to admin- ter." U. S. V. Cameron (D. C. Ariz. 1022) ister ouths.-A notary public of a state is (3) A statement of every promise or pledge made by him or by any 282 F. CS4. "an officer authorized to administer onths" Under the Corrupt Practice Act of person for him with his consent, prior to the closing of the polls on the within the meaning of this section. U. S. 1010 one who was a candidate for sena- day of the election, relative to the appointment or recommendation for v. Cameron (D. C. Ariz. 1022) 282 F. 6S5. tor at a general election was not "a can- appointment of any person to any public or private position or employ- 2. False oath as to amount received as didate for nomination at any primary ment for the purpose of procuring support in his candidacy, and the perjury.-In the Corrupt Practice Act election or nominating convention, of 1010 while a candidate was required or election by the legislature of name, address, and occupation of every person to whom any such prom- to include in his statements all receipts any state" within the meaning of the ise or pledge has been made, together with the description of any such as well as expenditures, it limited the act in view of the Seventeenth Amend- latter only. Hence, a candidate was not ment to the United States Constitution position. If no such promise or pledge has been made, that fact shall be specifically stated. subject to a prosecution for perjury be- providing for the election of senators by popular vote, and hence was not sub- cause of an alleged false oath regarding (b) The statements required to be filed by subdivision (a) shall be ject to prosecution for perjury for an al- the amounts received by him, since the leged false statement in a statement or cumulative, but where there has been no change in an item reported in oath was not false in a "material mat- receipts and expenditures made under a previous statement only the amount need be carried forward. the Act. Id. (c) Every candidate shall inclose with his first statement a report, based upon the records of the proper State official, stating the total $ 248. Limitation upon amount of expenditures by candidate. (a) number of votes cast for all candidates for the office which the candidate A candidate, in his campaign for election, shall not make expenditures seeks, at the general election next preceding the election at which he in excess of the amount which he may lawfully make under the laws is a candidate. (June 25, 1910, c. 392, § 8, 36 Stat. 824; Aug. 19, 1911, of the State in which he is a candidate, nor in excess of the amount c. 33, § 2, 37 Stat. 26; Aug. 23, 1912, c. 849, 37 Stat. 360; Feb. 28, 1925, which he may lawfully make under the provisions of this title. c. 368, Title III, § 307, 43 Stat. 1072.) (b) Unless the laws of his State prescribe a less amount as the maxi- mum limit of campaign expenditures, a candidate may make expendi- Notes of Decisions tures up to- 1. Primary election or convention.-The tors, but also to primaries and conventions Corrupt Practice Act of 1010 applied not of political parties for selection of (1) The sum of $10,000 if a candidate for Senator, or the sum of only to final elections for choosing Sena- candidates. As to such primaries and $2,500 if a candidate for Representative, Delegate, or Resident Com- 74 missioner; or 75 (2) An amount equal to the amount obtained by multiplying three $5,000; and every officer or director of any corporation who consents cents by the total number of votes cast at the last general election for to any contribution by the corporation in violation of this section all candidates for the office which the candidate seeks, but in no event shall be fined not more than $1,000, or imprisoned not more than one exceeding $25,000 if a candidate for Senator or $5,000 if a candidate year, or both. (Jan. 26, 1907, c. 420, 34 Stat. 864; Mar. 4, 1909, c. for Representative, Delegate, or Resident Commissioner. 321, § 83, 35 Stat. 1103; Feb. 28, 1925, c. 368, Title III, § 313, 43 Stat. (c) Money expended by a candidate to meet and discharge any as- 1074.) sessment, fee, or charge made or levied upon candidates by the laws of Historical Note the State in which he resides, or expended for his necessary personal, This section is $ 313 of Act of Feb. 28, 1925. Section 83 of the Criminal Code was traveling, or subsistence expenses, or for stationery, postage, writing, or 1925, c. 308, 43 Stat. 1074. That section in the language of the Act of Jan. 26, 1907, printing (other than for use on billboards or in newspapers), for dis- took the place of and is almost identical c. 420, 34 Stat. 801. with the language of $ 83 of the Criminal In the Acts of 1007 and 1009 the word tributing letters, circulars, or posters, or for telegraph or telephone Code (see Act of March 4, 1909, c. 321, I 83, "money" preceded the word "Contribu- service, shall not be included in determining whether his expenditures 35 Stat. 1103 cited to the text) which was tion." The word "money" was omitted have exceeded the sum fixed by paragraph (1) or (2) of subdivision (b) repealed by 5 318 of the Act of Feb. 28, in the Act of 1925. as the limit of campaign expenses of a candidate. (June 25, 1910, c. Notes of Decisions 392, §§ 8, 9, 36 Stat. 824; Aug. 19, 1911, c. 33, § 2, 37 Stat. 26; Aug. 1. Constitutionality.-Congress has con- meaning of the act of Congress, might be- 23, 1912, c. 349, 37 Stat. 360; Feb. 28, 1925, c. 368, Title III, § 309, 48 stitutional power to prohibit contribu- come a question for the court or jury in Stat. 1073.) tions to be made by certain corporations the light of all the circumstances of the in connection with any election at which, case." U. S. V. U. S. Brewers' Ass'n (D. C. among others, representatives in Congress Pa. 1916) 239 F. 163. § 249. Promises or pledges by candidate. It is unlawful for any are to be voted for. U. S. V. Brewers' 3. Indictment.-An indictment against candidate to directly or indirectly promise or pledge the appoint- Ass'n (D. C. Pa. 1016) 239 F. 103, wherein corporations for conspiracy to make un- the court said: "If it should be held that ment, or the use of his influence or support for the appointment of lawful campaign contributions, need not Congress exceeded its power in including, allege that offense with the particularity any person to any public or private position or employment, for the among others, elections in which Presi- of an indictment directly charging it as dential and Vice Presidential electors are purpose of procuring support in his candidacy. (June 25, 1910, c. 392, an offense. U. S. V. U. S. Brewers' Ass'n to be voted for, on the ground that they (D. C. Pa. 1016) 230 F. 164. § 8, 36 Stat. 824; Aug. 19, 1911, c. 33, § 2, 37 Stat. 26; Aug. 23, 1912, are officers of the state and not of the fed- c. 349, 37 Stat. 360; Feb. 28, 1925, c. 368, Title III, § 310, 43 Stat. eral government, that would not, in my 4. Contempt proceedings.-Where the 1073.) opinion, invalidate the act, except as to grand jury returned an indictment that particular provision." against corporations for violating the 2. Money contributions.-The words earlier statute of 1909, It was held that $ 250. Expenditures to influence voting. It is unlawful for any per- "money contributions" as used in the ear- the inquiry being no longer in progress: lier statutes were held to be "not vague questions whether a witness was guilty son to make or offer to make an expenditure, or to cause an expend- and uncertain, but, on the contrary, their of contempt in failing to produce docu- iture to be made or offered, to any person, either to vote or withhold meaning was plain and their purpose as mentary evidence and give testimony as his vote, or to vote for or against any candidate, and it is unlawful used in the statute unmistakable. Wheth- required would not be determined on er, in any given case, an expenditure by a writs of error to review denial of his ap- for any person to solicit, accept, or receive any such expenditure in corporation should be construed as 'a plication for habeas corpus and to review consideration of his vote or the withholding of his vote. (June 25, money contribution in connection with motion to quash presentment. Ex parte 1910, c. 392, § 8, 36 Stat. 824; Aug. 19, 1911, c. 33, § 2, 37 Stat. 26; Aug. any election,' within the spirit, intent, and Fox (Pa. 1916) 230 F. 801, 150 C. C. A. 123. 23, 1912, c. 349, 37 Stat. 360; Feb. 28, 1925, c. 368, Title III, § 311, 43 Stat. 1073.) 5 252. General penalties for violations. (a) Any person who vio- Notes of Decisions lates any of the foregoing provisions of this chapter, except those for 1. Mandamus.-Under earlier acts re- had no power to compel rights thereun- which a specific penalty is imposed by section 208 of Title 18, and lating to the same subject as the text it der by mandamus. In re Higdon (D. C. section 251 of this title, shall be fined not more than $1,000 or im- was held that the federal District Courts Mo. 1920) 209 F. 150. prisoned not more than one year, or both. (b) Any person who willfully violates any of the foregoing pro- ! 251. Contributions by national banks or other Federal corpora- visions of this chapter, except those for which a specific penalty is tions; penalty. It is unlawful for any national bank, or any corpo- imposed by section 208 of Title 18, and section 251 of this title, shall ration organized by authority of any law of Congress, to make a con- be fined not more than $10,000 and imprisoned not more than two tribution in connection with any election to any political office, or years. (June 25, 1910, c. 392, § 11, 36 Stat. 824; Aug. 19, 1911, c. 33, for any corporation whatever to make a contribution in connection $ 2, 37 Stat. 26; Feb. 28, 1925, c. 368, Title III, § 314, 43 Stat. 1074.) with any election at which presidential and vice presidential elec- tors or a Senator or Representative in, or a Delegate or Resident 253. Expenses of election contests. This chapter shall not limit Commissioner to, Congress are to be voted for, or for any candidate, or affect the right of any person to make expenditures for proper legal political committee, or other person to accept or receive any contribu- expenses in contesting the results of an election. (June 25, 1910, c. tion prohibited by this section. Every corporation which makes any 392, § 10, 36 Stat. 824; Aug. 19, 1911, c. 33, § 2, 37 Stat. 26; Feb. 28, contribution in violation of this section shall be fined not more than 1925, c. 368, Title III, § 315, 43 Stat. 1074.) 76 77 ARY LIB TITLE 2.-THE CONGRESS Ch. FORD $ 254 Ch. 9 TITLE 2.-THE CONGRESS 1 277 § 254. State laws not affected. This chapter shall not be construed to annul the laws of any State relating to the nomination or election House of Representatives, employ and fix the compensation of such of candidates, unless directly inconsistent with the provisions of this assistant counsel, clerks, and other employees, and purchase such title, or to exempt any candidate from complying with such State furniture, office equipment, books, stationery, and other supplies, as IAWS. (June 25, 1910, c. 392, § 8, 36 Stat. 824; Aug. 19, 1911, C. 33, may be necessary for the proper performance of the duties of the of- § 2, 37 Stat. 26; Aug. 23, 1912, c. 349, 37 Stat. 360; Feb. 28, 1925, fice and as may be appropriated for by Congress. (Feb. 24, 1919, c. c. 368, Title III, § 316, 43 Stat. 1074.) 18, § 1303, 40 Stat. 1141; June 2, 1924, c. 234, § 1101, 43 Stat. 353.) s 255. Partial invalidity. If any provision of this chapter or the 275. Duties of office; rules and regulations. The office of the leg- application thereof to any person or circumstance is held invalid, the islative counsel shall aid in drafting public bills and resolutions or validity of the remainder of the chapter and of the application of amendments thereto on the request of any committee of either House such provision to other persons and circumstances shall not be af- of Congress, but the Library Committee of the Senate and the Library fected thereby. (Feb. 28, 1925, c. 368, Title III, § 317, 43 Stat. 1074.) Committee of the House of Representatives, respectively, may de- termine the preference, if any, to be given to such requests of the com- § 256. Citation. This chapter may be cited as the "Federal Corrupt mittees of either House, respectively. The legislative counsel shall, Practices Act." (Feb. 28, 1925, c. 368, Title III, § 301, 43 Stat. 1070.) from time to time, prescribe rules and regulations for the conduct of the work, for the office for the committees of each House, subject to the approval of the Library Committee of each House, respectively. CHAPTER 9.-OFFICE OF LEGISLATIVE COUNSEL (Feb. 24, 1919, c. 18, § 1303, 40 Stat. 1141; June 2, 1924, c. 234, § 1101, Sec. Sec. 43 Stat. 353.) 271. Creation of office. and employees; office equipment 272. Appointment of legislative counsel; and supplies. 275. Duties of office; rules and regula- I 276. Disbursement of appropriations. One-half of all appropria- qualifications. 273. Compensation of legislative counsel. tions. tions for the office shall be disbursed by the Secretary of the Senate 274. Assistant legislative counsel; clerks 276. Disbursement of appropriations. and one-half by the Clerk of the House of Representatives. (Feb. 24, 277. Official mall matter. 1919, c. 18, § 1303, 40 Stat. 1141; June 2, 1924, c. 234, § 1101, 43 Stat. Section 271. Creation of office. There shall be an office to be 353.) known as the office of the legislative counsel, and to be under the di- 277. Official mail matter. The legislative counsel shall have the rection of two legislative counsel. (Feb. 24, 1919, c. 18, § 1303, 40 same privilege of free transmission of official mail matter as other Stat. 1141; June 2, 1924, c. 234, § 1101, 43 Stat. 353.) officers of the United States Government. (June 2, 1924, c. 234, § 1101, 43 Stat. 353.) 272. Appointment of legislative counsel; qualifications. One of the legislative counsel shall be appointed by the President of the Senate, and one by the Speaker of the House of Representatives, with- out reference to political affiliations and solely on the ground of fit- ness to perform the duties of the office. (Feb. 24, 1919, c. 18, § 1303, 40 Stat. 1141; June 2, 1924, c. 234, $ 1101, 43 Stat. 353.) § 273. Compensation of legislative counsel. The positions of legis- lative counsel shall be allocated from time to time by the President of the Senate and the Speaker of the House of Representatives, jointly, to the appropriate grade in the compensation schedules of section 673 of Title 5. The rate of compensation of each of the two legisla- tive counsel shall be fixed from time to time, within the limits of such grade, by the President of the Senate and the Speaker of the House of Representatives, respectively. (June 2, 1924, c. 234, § 1101, 43 Stat. 353.) I 274. Assistant legislative counsel; clerks and employees; office equipment and supplies. The legislative counsel shall, subject to the approval of the President of the Senate and the Speaker of the 78 70 RESS THE CONGRESS 2 § 431 nplete votes record of all Joint Coz. CHAPTER 14-FEDERAL ELECTION CAMPAIGNS [NEW] 1972 the data, charts, and files of on any question on which TUBCHAPTER I-DISCLOSURE OF Sec. FEDERAL CAMPAIGN FUNDS (6) Current list of candi- Joint Committee and shall the date statements: com- ttee or such other places as the Definitions. pilation and mainte- Organization of political committees. nance. 1970, 84 Stat. 1188. (a) Chairman: treasurer; vacan- (7) Annual report; com- cies; official authorizations. pilations of data. (b) Account of contributions; (8) Special reports; com- segregated funds. parisons. (c) Recordkeeping. (9) Other reports. (d) Receipts: preservation. (10) Dissemination of in- formation. (e) Unauthorized activities; no- (11) Audits: investigations. tice. (f) Funds solicitation, notice; an- (12) Enforcement authori- a ties; reports of vio- nual report, copies. lations. Registration of political committees. (a) Statements of organization. (13) Rules and regulations. (b) Contents of statements. (b) Federal and State filing of Congress an Office of Placement reports; procedures for (e) Information changes; report. Federal copies in satisfac- subject to. the supervision and (d) Disbanding of political com- tion of State requirements to mittees or contributions and int Committee is authorized, by eliminate multiple filings. expenditures below prescrib- ed ceiling: notice. (e) Comptroller General; duties: 3 of the Joint Committee national clearinghouse for Reports by political committees and basis, without regard to politi- information; studies, scope, candidates. asis of fitness to perform his (a) Receipts and expenditures; publication, copies to gen- completion date, exception. eral public at cost. Placement and Office Manage- (b) Contents of reports. (d) (1) Violations; complaint; in- vestigation; notice and aff of the Office and such per- (e) Cumulative reports for calen- hearing; Federal civil dar year; amounts for un- necessary; action for injunction. changed items carried for- ward; statement of inactive restraining order. or esponsibilities; other appropriate order; status. venue; bond. per ennum gross rates not in 435. Reports by others than political as in effect from time to time, committees. (2) Subpenas. (3) Court of appeals; time for 332 (a) of Title 5; and #436. Formal requirements respecting re- petition for review. ports and statements. (4) Finality of appellate judg- t, as the Joint Committee may (a) Verification. ment; review by Su- (b) Copy; preservation. preme Court. (c) Noncompliance relief. (5) Docket: advancement and (d) Debts, pledges, etc.; sep- priorities. arate schedules; aggregate d office management 439. Statements filed with State officers. amounts based upon actual (a) "Appropriate State" defined. payment. (b) Duties of State officers. upon request, to assist Mem- RAS7. Reports on convention financing. 440. Prohibition of contributions in name late and House of Representa- M38. Administrative and judicial provi- of another. sions. 441. Penalties for violations. specified qualifications and to (a) Supervisory officers; duties. 442. Authority to procure technical sup- ect to office management pro- (1) Forms. port and other services and incur (2) Manual for uniform travel expenses; payment of such bookkeeping and re- expenses. porting methods. when imappropriate (8) Filing, coding, and SUBCHAFTER II-GENERAL PRO- cross-indexing sys. VISIONS held or considered to require tem. 451. Extension of credit by regulated y any Member, committee, or (4) Public inspection; cop- industries; regulations. ies; sale or use re- 452. Prohibition against use of certain entatives, if, in the opinion of strictions. Federal funds for election activi- use of such facilities is inap- (5) Preservation of reports ties; definitions. and statements. 453. State laws not affected. 454. Partial invalidity. 70, 84 Stat. 1189. SUBCHAPTER I-DISCLOSURE OF FEDERAL CAMPAIGN FUNDS Campaign Communications Beform. Campaign Communications Reform Act, Definitions, media rate and related re- classified to chapter 7 (section 801 et payment from contingent fund quirements, limitations of expenditures seq.) and amendatory of sections 312 and for use of communications media, regu- 315 of Title 47, Telegraphs, Telephones, II be paid from the contingent lations, and penalties, see provisions of and Radiotelegraphs. m funds appropriated for the § 431. Definitions by the chairman. 70. 84 Stat. 1189. When used in this subchapter- (a) "election" means (1) a general, special, primary. or runoff election, (2) a convention or caucus of a political party held to nominate a candidate, (3) a primary election held for the selection of delegates to a national nominating convention of a political party, (4) a primary election held for the expression of a preference for the nomination of persons for election to the office of President, and (5) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States; 263 2 § 431 THE CONGRESS 8432 THE CONGRESS (b) "candidate" means an individual who seeks nomination for (h) "person" means an individual, partnership, committee, as- election, or election, to Federal office, whether or not such individual sociation, corporation, labor organization, and any other organiza- is elected, and, for purposes of this paragraph, an individual shall tion or group of persons; and be deemed to seek nomination for election, or election, if he has (i) "State" means each State of the United States, the District of (1) taken the action necessary under the law of a State to qualify Columbia, the Commonwealth of Puerto Rico, and any territory or himself for nomination for election, or election, to Federal office, possession of the United States. or (2) received contributions or made expenditures, or has given his Pub.L. 92-225, Title III, § 301, Feb. 7, 1972, 86 Stat. 11. consent for any other person to receive contributions or make ex- Effective Date. Section 406 of Pub.L. sections 591, 600, 608, 010, and 611 of Title 92-225 provided that: "Except as pro- 18 and sections 312 and 315 of Title 47, penditures, with a view to bringing about his nomination for election, vided in section 401 of this Act [classi- repealed sections 241-256 of this title and fied to section 451 of this title], the pro- section 609 of Title 18, and enacted pro- or election, to such office; (c) "Federal office" means the office of President or Vice Presi- visions of this Act [see Short Title note visions set out as notes under this sec- under this section] shall become effective tion and section 801 of Title 47] may be dent of the United States; or of Senator or Representative in, or on December 31, 1971, or sixty days aft- cited as the 'Federal Election Campaign Delegate or Resident Commissioner to, the Congress of the United er the date of enactment of this Act Act of 1071'." [Feb. 7, 1972], whichever is later." Legislative History. For legislative Short Title. Section 1 of Pub.L. 02- history and purpose of Pub.L. 92-225, see States; 225 provided "That this Act [which 1972 U.S.Code Cong. and Adm.News, D. (d) "political committee" means any committee, association, or enacted this chapter and chapter 7 (see- organization which accepts contributions or makes expenditures tion 801 et seq.) of Title 47, amended during a calendar year in an aggregate amount exceeding $1,000; (e) "contribution" means— § 432. Organization of political committees Chairman; treasurer; (1) a gift, subscription, loan, advance, or deposit of money vacancies; official authorizations or anything of value, made for the purpose of influencing the (a) Every political committee shall have a chairman and a treasurer. nomination for election, or election, of any person to Federal No contribution and no expenditure shall be accepted or made by or on office or as a presidential or vice-presidential elector, or for the behalf of a political committee at a time when there is a vacancy in the purpose of influencing the result of a primary held for the office of chairman or treasurer thereof. No expenditure shall be made for selection of delegates to a national nominating convention of a or on behalf of a political committee without the authorization of its chair- political party or for the expression of a preference for the man or treasurer, or their designated agents. nomination of persons for election to the office of President, or for the purpose of influencing the election of delegates to a Account of contributions; segregated funds constitutional convention for proposing amendments to the Con- (b) Every person who receives a contribution in excess of $10 for a stitution of the United States; political committee shall, on demand of the treasurer, and in any event (2) a contract, promise, or agreement, whether or not legally within five days after receipt of such contribution, render to the treas- enforceable, to make a contribution for any such purpose; urer a detailed account thereof, including the amount, the name and (3) a transfer of funds between political committees; address (occupation and the principal place of business, if any) of the (4) the payment, by any person other than a candidate or person making such contribution, and the date on which received. All political committee, of compensation for the personal services funds of a political committee shall be segregated from, and may not of another person which are rendered to such candidate or com- be commingled with, any personal funds of officers, members, or mittee without charge for any such purpose; and associates of such committee. (5) notwithstanding the foregoing meanings of "contribu- tion", the word shall not be construed to include services pro- Recordkeeping vided without compensation by individuals volunteering a por- (c) It shall be the duty of the treasurer of a political committee to keep tion or all of their time on behalf of a candidate or political a detailed and exact account of committee; (1) all contributions made to or for such committee; (f) "expenditure" means— (2) the full name and mailing address (occupation and the prin- (1) a purchase, payment, distribution, loan, advance, deposit, cipal place of business, if any) of every person making a contribution or gift of money or anything of value, made for the purpose of in excess of $10, and the date and amount thereof; influencing the nomination for election, or election, of any (3) all expenditures made by or on behalf of such committee; person to Federal office, or as a presidential and vice-presidential and elector, or for the purpose of influencing the result of a primary (4) the full name and mailing address (occupation and the prin- held for the selection of delegates to a national nominating cipal place of business, If any) of every person to whom any expendi- convention of a political party or for the expression of a prefer- ture is made, the date and amount thereof and the name and address ence for the nomination of persons for election to the office of of, and office sought by, each candidate on whose behalf such President, or for the purpose of influencing the election of dele- expenditure was made. gates to a constitutional convention for proposing amendments to the Constitution of the United States; Receipts: preservation (2) a contract, promise, or agreement, whether or not legally (d) It shall be the duty of the treasurer to obtain and keep a receipted enforceable, to make an expenditure, and bill, stating the particulars, for every expenditure made by or on behalf (3) a transfer of funds between political committees; of a political committee in excess of $100 in amount, and for any such (g) "supervisory officer" means the Secretary of the Senate with expenditure in a lesser amount, if the aggregate amount of such expendi- respect to candidates for Senator; the Clerk of the House of Repre- tures to the same person during a calendar year exceeds $100. The sentatives with respect to candidates for Representative in, or Dele- treasurer shall preserve all receipted bills and accounts required to gate or Resident Commissioner to, the Congress of the United States; be kept by this section for periods of time to be determined by the and the Comptroller General of the United States in any other case; supervisory officer. 1 U.S.C.A.-17% 264 265 1972 P.P. 2 § 432 THE CONGRESS THE CONGRESS 454 (6) the name, address, office sought, and party affiliation of (A) Unauthorized activities; notice each candidate whom the committee is supporting, and (B) any (e) Any political committee which solicits or receives contributions other individual, if any, whom the committee is supporting for or makes expenditures on behalf of any candidate that is not authorized nomination for election, or election, to any public office whatever; in writing by such candidate to do so shall include a notice on the face or, if the committee is supporting the entire ticket of any party, the or front page of all literature and advertisements published in connection name of the party; with such candidate's campaign by such committee or on its behalf stating (7) a statement whether the committee is a continuing one; that the committee is not authorized by such candidate and that such (8) the disposition of residual funds which will be made in the candidate is not responsible for the activities of such committee. event of dissolution; Funds solicitation, notice; annual report, copies (9) a listing of all banks, safety deposit boxes, or other reposi- (f) (1) Any political committee shall include on the face or front tories used; page of all literature and advertisements soliciting funds the following (10) a statement of the reports required to be filed by the com- mittee with State or local officers, and, if so, the names, addresses, notice: "A copy of our report filed with the appropriate supervisory officer and positions of such persons; and is (or will be) available for purchase from the Superintendent of Docu- (11) such other information as shall be required by the super- ments, United States Government Printing Office, Washington, D. C. visory officer. 20402.". (2) (A) The supervisory officer shall compile and furnish to the Information changes; report Public Printer, not later than the last day of March of each year, an (c) Any change in information previously submitted in a statement annual report for each political committee which has filed a report with of organization shall be reported to the supervisory officer within a ten- him under this subchapter during the period from March 10 of the day period following the change, preceding calendar year through January 31 of the year in which such annual report is made available to the Public Printer. Each such annual Disbanding of political committees or contributions and expenditures below prescribed celling: notice report shall contain- (d) Any committee which, after having filed one or more statements (1) a copy of the statement of organization of the political com- of organization, disbands or determines it will no longer receive con- mittee required under section 433 of this title, together with any tributions or make expenditures during the calendar year in an aggregate amendments thereto; and amount exceeding $1,000 shall so notify the supervisory officer. (ii) a copy of each report filed by such committee under section Pub.L. 92-225, Title III, i 303, Feb. 7, 1972, 86 Stat. 14. 434 of this title from March 10 of the preceding year through References in Text. Date of enactment Effective Date. Section effective sixty January 31 of the year in which the annual report is so furnished of this Act, referred to in subsec. (a), days after Feb. 7, 1972, see section 406 means Feb. 7, 1972, the date on which of Pub.L. 92-225, set out as a note un- to the Public Printer. Pub.L. 92-225 was enacted into law. der section 431 of this title. (B) The Public Printer shall make copies of such annual reports available for sale to the public by the Superintendent of Documents § 434. Reports by political committees and candidates-Receipts and as soon as practicable after they are received from the supervisory expenditures; completion date, exception officer. Pub.L. 92-225, Title III, I 302, Feb. 7, 1972, 86 Stat. 12. (a) Each treasurer of a political committee supporting a candidate or candidates for election to Federal office, and each candidate for Effective Date. Section effective sixty of Pub.L. 92-225, set out as a note un- election to such office, shall file with the appropriate supervisory officer days after Feb. 7, 1972, see section 406 der section 431 of this title. reports of receipts and expenditures on forms to be prescribed or approved § 483. Registration of political committees-Statements of organiza- by him. Such reports shall be filed on the tenth day of March, June, and September in each year and on the fifteenth and fifth days next preceding tion the date on which an election is held, and also by the thirty-first day of (a) Each political committee which anticipates receiving contributions January. Such reports shall be complete as of such date as the super- or making expenditures during the calendar year in an aggregate amount exceeding $1,000 shall file with the supervisory officer a statement of visory officer may prescribe, which shall not be less than five days before the date of filing, except that any contribution of $5,000 or more received organization, within ten days after its organization or, if later, ten days after the last report is filed prior to the election shall be reported within after the date on which it has information which causes the committee forty-eight hours after its receipt. to anticipate it will receive contributions or make expenditures in excess of $1,000. Each such committee in existence at the date of enactment Contents of reports of this Act shall file a statement of organization with the supervisory (b) Each report under this section shall disclose— officer at such time as he prescribes. (1) the amount of cash on hand at the beginning of the reporting period; Contents of statements (2) the full name and mailing address (occupation and the prin- (b) The statement of organization shall include- cipal place of business, if any) of each person who has made one or (1) the name and address of the committee; more contributions to or for such committee or candidate (including (2) the names, addresses, and relationships of affiliated or con- the purchase of tickets for events such as dinners, luncheons, rallies, nected organizations; and similar fundraising events) within the calendar year in an (3) the area, scope, or jurisdiction of the committee; aggregate amount or value in excess of $100, together with the (4) the name, address, and position of the custodian of books and amount and date of such contributions; accounts; (5) the name, address, and position of other principal officers, (3) the total sum of individual contributions made to or for such committee or candidate during the reporting period and not and members of the finance committee, if any; reported under paragraph (2); 267 N 8 404 (4) the name and address of each political committee or can- didate from which the reporting committee or the candidate received, which reports by political committees are filed, but nede- not be cumula- tive. or to which that committee or candidate made, any transfer of funds, Pub.L. 92-225, Title III, § 305, Feb. 7, 1972, 86 Stat. together with the amounts and dates of all transfers; (5) each loan to or from any person within the calendar year in Effective Date. Section effective sixty of Pub.L. 92-225, set a note UN- days after Feb. 7, 1972, see section 406 der section 431 of this tithe GERAL an aggregate amount or value in excess of $100, together with the full names and mailing addresses (occupations and the principal. places of business, if any) of the lender and endorsers, if any, and § 436. Formal requirements respecting reports and statements- Verification the date and amount of such loans; (6) the total amount of proceeds from (A) the sale of tickets (a) A report or statement required by this subchapter to be filed by a to each dinner, luncheon, rally, and other fundraising event; (B) treasurer of a political committee, a candidate, or by any other person, mass collections made at such events; and (C) sales of items such shall be verified by the oath or affirmation of the person filing such as political campaign pins, buttons, badges, flags, emblems, hats, report or statement, taken before any officer authorized to administer banners, literature, and similar materials; oaths. (7) each contribution, rebate, refund, or other receipt in excess of $100 not otherwise listed under paragraphs (2) through (6); Copy: preservation (8) the total sum of all receipts by or for such committee or (b) A copy of a report or statement shall be preserved by the person candidate during the reporting period; filing it for a period of time to be designated by the supervisory officer (9) the full name and mailing address (occupation and the in a published regulation. principal place of business, if any) of each person to whom expendi- tures have been made by such committee or on behalf of such Noncompliance relief committee or candidate within the calendar year in an aggregate (c) The supervisory officer may, by published regulation of general amount or value in excess of $100, the amount, date, and purpose applicability, relieve any category of political committees of the obli- of each such expenditure and the name and address of, and office gation to comply with section 434 of this title if such committee (1) sought by, each candidate on whose behalf such expenditure was primarily supports persons seeking State or local office, and does not made; substantially support candidates, and (2) does not operate in more than (10) the full name and mailing address (occupation and the one State or on a statewide basis. principal place of business, if any) of each person to whom an expenditure for personal services, salaries, and reimbursed expenses Debts, pledges, etc.; separate schedules; aggregate amounts in excess of $100 has been made, and which is not otherwise reported, based upon actual payment including the amount, date, and purpose of such expenditure; (d) The supervisory officer shall, by published regulations of gen- (11) the total sum of expenditures made by such committee or eral applicability, prescribe the manner in which contributions and ex- candidate during the calendar year; penditures in the nature of debts and other contracts, agreements, and (12) the amount and nature of debts and obligations owed by promises to make contributions or expenditures shall be reported. Such or to the committee, in such form as the supervisory officer may regulations shall provide that they be reported in separate schedules. prescribe and a continuous reporting of their debts. and obligations In determining aggregate amounts of contributions and expenditures, after the election at such periods as the supervisory officer may amounts reported as provided in such regulations shall not be considered require until such debts and obligations are extinguished; and until actual payment is made. (13) such other information as shall be required by the supervisory Pub.L. 92-225, Title III, $ 306, Feb. 7, 1972, 86 Stat. 16. Effective Date. Section effective sixty of Pub.L. 92-225, set out as a note un- officer. days after Feb. 7, 1972, see section 406 der section 431 of this title. Cumulative reports for calendar year; amounts for unchanged items carried forward; statement of inactive status 8 487. Reports on convention financing (c) The reports required to be filed by subsection (a) of this section Each committee or other organization which— shall be cumulative during the calendar year to which they relate, but where there has been no change in an item reported in a previous report (1) represents a State, or a political subdivision thereof, or any during such year, only the amount need be carried forward. If no group of persons, in dealing with officials of a national political contributions or expenditures have been accepted or expended during party with respect to matters involving a convention held in such a calendar year, the treasurer of the political committee or candidate State or political subdivision to nominate a candidate for the office of President or Vice President, or shall file a statement to that effect. Pub.L. 92-225, Title III, I 304, Feb. 7, 1972, 86 Stat. 14. (2) represents a national political party in making arrangements Effective Date. Section effective sixty of Pub.L. 92-225, set out as a note un- for the convention of such party held to nominate a candidate for days after Feb. 7, 1972, see section 406 der section 431 of this title. the office of President or Vice President, shall, within sixty days following the end of the convention (but not 8 485. Reports by others than political committees later than twenty days prior to the date on which presidential and vice- Every person (other than a political committee or candidate) who presidential electors are chosen), file with the Comptroller General of makes contributions or expenditures, other than by contribution to a the United States a full and complete financial statement, in such form political committee or candidate, in an aggregate amount in excess of and detail as he may prescribe, of the sources from which it derived $100 within a calendar year shall file with the supervisory officer a its funds, and the purposes for which such funds were expended. statement containing the information required by section 434 of this Pub.L. 92-225, Title III, $ 307, Feb. 7, 1972, 86 Stat. 16. title. Statements required by this section shall be filed on the dates on Effective Date. Section effective sixty of Pub.L. 92-225, set out as a note un- days after Feb. 7, 1972, see section 406 der section 431 of this title. 268 269 THE CONGRESS 2 8438 § 438. Administrative and judicial provisions-Supervisory officers; duties (a) It shall be the duty of the supervisory officer- Audits; Investigations (11) to make from time to time audits and field investigations Forms with respect to reports and statements filed under the provisions (1) to develop and furnish to the person required by the provi- of this subchapter, and with respect to alleged failures to file any sions of this Act prescribed forms for the making of the reports report or statement required under the provisions of this subchapter; and statements required to be filed with him under this subchapter; Enforcement authorities; reports of violations Manual for uniform bookkeeping and reporting methods (12) to report apparent violations of law to the appropriate law (2) to prepare, publish, and furnish to the person required to file enforcement authorities; and such reports and statements a manual setting forth recommended uni- form methods of bookkeeping and reporting; Rules and regulations Filing, coding, and cross-indexing system (13) to prescribe suitable rules and regulations to carry out the (3) to develop a filing, coding, and cross-indexing system con- provisions of this subchapter. sonant with the purposes of this subchapter; Federal and State filing of reports; procedures for Federal copies in watin- Public inspection; copies; sale or use restrictions faction of State requirements to eliminate multiple filings (4) to make the reports and statements filed with him available (b) The supervisory officer shall encourage, and cooperate with, the for public inspection and copying, commencing as soon as prac- election officials in the several States to develop procedures which will ticable but not later than the end of the second day following the eliminate the necessity of multiple filings by permitting the filing of day during which it was received, and to permit copying of any copies of Federal reports to satisfy the State requirements. such report or statement by hand or by duplicating machine, as requested by any person, at the expense of such person: Provided, Comptroller General; duties: national clearinghouse for information; studies, scope, publication, copies to general public at cost That any information copied from such reports and statements (c) It shall be the duty of the Comptroller General to serve as a shall not be sold or utilized by any person for the purpose of solicit- national clearinghouse for information in respect to the administration ing contributions or for any commercial purpose; of elections. In carrying out his duties under this subsection, the Comp- troller General shall enter into contracts for the purpose of conducting Preservation of reports and statements (5) to preserve such reports and statements for a period of ten independent studies of the administration of elections. Such studies shall years from date of receipt, except that reports and statements relating include, but shall not be limited to, studies of- solely to candidates for the House of Representatives shall be pre- (1) the method of selection of, and the type of duties assigned served for only five years from the date of receipt; to, officials and personnel working on boards of elections; Current list of candidate statements; compilation and maintenance (2) practices relating to the registration of voters; and (6) to compile and maintain a current list of all statements or (3) voting and counting methods. parts of statements pertaining to each candidate; Studies made under this subsection shall be published by the Comptroller General and copies thereof shall be made available to the general public Annual report; compliations of data (7) to prepare and publish an annual report including compila- upon the payment of the cost thereof. Nothing in this subsection shall be tions of (A) total reported contributions and expenditures for all construed to authorize the Comptroller General to require the inclusion of candidates, political committees, and other persons during the year; any comment or recommendation of the Comptroller General in any such study. (B) total amounts expended according to such categories as he shall determine and broken down into candidate, party, and non- party expenditures on the National, State, and local levels; (C) Violations; complaint; investigation: notice and hearing; Federal civil action for injunction, restraining order, or other total amounts expended for influencing nominations and elections appropriate order; venue; bond stated separately; (D) total amounts contributed according to (d) (1) Any person who believes a violation of this subchapter has such categories of amounts as he shall determine and broken occurred may file a complaint with the supervisory officer. If the super- down into contributions on the national, State, and local levels visory officer determines there is substantial reason to believe such a for candidates and political committees; and (E) aggregate amounts violation has occurred, he shall expeditiously make an investigation, which contributed by any contributor shown to have contributed in excess shall also include an investigation of reports and statements filed by of $100; the complainant If he is a candidate, of the matter complained of. Special reports; comparisons Whenever in the judgment of the supervisory officer, after affording due (8) to prepare and publish from time to time special reports notice and an opportunity for a hearing, any person has engaged or is comparing the various totals and categories of contributions and about to engage in any acts or practices which constitute or will constitute expenditures made with respect to preceding elections; a violation of any provision of this subchapter or any regulation or order issued thereunder, the Attorney General on behalf of the United Other reports States shall institute a civil action for relief, including a permanent or (9) to prepare and publish such other reports as he may deem temporary injunction, restraining order, or any other appropriate order appropriate; in the district court of the United States for the district in which the Dissemination of information person is found, resides, or transacts business. Upon a proper showing (10) to assure wide dissemination of statistics, summaries, and that such person has engaged or is about to engage in such acts or reports prepared under this subchapter; practices, a permanent or temporary injunction, restraining order, or other order shall be granted without bond by such court. 270 271 (4) to compile and maintain a current list of all statements or Subpenas parts of statements pertaining to each candidate. (2) In any action brought under paragraph (1) of this subsection, Pub.L. 92-225, Title III, $ 309, Feb. 7, 1972, 86 Stat. 18. subpenas for witnesses who are required to attend a United States district court may run into any other district. days after Feb. 7, 1972, see section 406 der section 431 of this title. Effective Date. Section effective sixty of Pub.L. 92-225, set out as a note un- Court of appeals; time for petition for review (3) Any party aggrieved by an order granted under paragraph (1) § 440. Prohibition of contributions in name of another of this subsection may, at any time within sixty days after the date of No person shall make a contribution in the name of another person, entry thereof, file a petition with the United States court of appeals for and no person shall knowingly accept a contribution made by one person the circuit in which such person is found, resides, or transacts business, in the name of another person. for judicial review of such order. Pub.L. 92-225, Title III, § 310, Feb. 7, 1972, 86 Stat. 19. Finality of appellate judgment; review by Supreme Court days after Feb. 7, 1972, see section 406 der section 431 of this title. Effective Date. Section effective sixty of Pub.L. 92-225, set out as a note un- (4) The judgment of the court of appeals affirming or setting aside, in whole or in part, any such order of the district court shall be final, § 441. Penalties for violations subject to review by the Supreme Court of the United States upon cer- (a) Any person who violates any of the provisions of this subchapter tiorari or certification as provided in section 1254 of Title 28. shall be fined not more than $1,000 or imprisoned not more than one year, or both. Docket; advancement and priorities (5) Any action brought under this subsection shall be advanced on (b) In case of any conviction under this subchapter, where the punish- the docket of the court in which filed, and put ahead of all other actions ment inflicted does not include imprisonment, such conviction shall be deemed a misdemeanor conviction only. (other than other actions brought under this subsection). Pub.L. 92-225, Title III, $ 311, Feb. 7, 1972, 86 Stat. 19. Pub.L. 92-225, Title III, § 308, Feb. 7, 1972, 86 Stat. 16. Effective Date. Section effective sixty References In Text. This Act, referred Effective Date. Section effective sixty days after Feb. 7, 1972, see section 406 ganizations, and contributions by Gov- to in subsec. (a) (1), means the Fed- days after Feb. 7, 1972, see section 406 of Pub.L. 92-225, set out as a note un- ernment contractors, see sections 591, 600, eral Election Campaign Act of 1971, Pub. of Pub.L. 92-225, set out as a note un- der section 431 of this title. 608, 610, and 611 of Title 18, Crimes and L. 92-225. For classification of the Act der section 431 of this title. Federal Election Criminal Provisions. Criminal Procedure. in the Code, see Short Title note set out Definitions, promise of employment or Campaign Communications Reform. under section 431 of this title. other benefit for political activity, limi- Campaign communications reform, penal- tations on contributions and expendi- ties for violations, see section 805 of tures, contributions or expenditures by § 439. Statements filed with State officers-"Appropriate State" de- national banks, corporations or labor or- Radiotelegraphs. Title 47, Telegraphs, Telephones, and fined (a) A copy of each statement required to be filed with a supervisory § 442. Authority to procure technical support and other services and officer by this subchanter shall be filed with the Secretary of State (or, incur travel expenses; payment of such expenses if there is no office of Secretary of State, the equivalent State officer) of For the purpose of carrying out his duties under the Federal Election the appropriate State. For purposes of this subsection, the term "ap- Campaign Act of 1971, the Secretary of the Senate is authorized, from propriate State" means-- and after July 1, 1972, (1) to procure technical support services, (2) to (1) for reports relating to expenditures and contributions in con- procure the temporary or intermittent services of individual technicians, nection with the campaign for nomination for election, or election, experts, or consultants, or organizations thereof, in the same manner of a candidate to the office of President or Vice President of the and under the same conditions, to the extent applicable, as a standing United States, each State in which an expenditure is made by him or committee of the Senate may procure such services under section 72a(1) on his behalf, and of this title, (3) with the prior consent of the Government department (2) for reports relating to expenditures and contributions in or agency concerned and the Committee on Rules and Administration, to connection with the campaign for nomination for election, or election, use on a reimbursable basis the services of personnel of any such depart- of a candidate to the office of Senator or Representative in, or ment or agency, and (4) to incur official travel expenses. Payments to Delegate or Resident Commissioner to, the Congress of the United carry out the provisions of this paragraph shall be made from funds States, the State in which he seeks election. included in the appropriation "Miscellaneous Items" under the heading "Contingent Expenses of the Senate" upon vouchers approved by the Duties of State officers Secretary of the Senate. All sums received by the Secretary under au- (b) It shall be the duty of the Secretary of State, or the equivalent thority of the Federal Election Campaign Act of 1971 shall be covered State officer, under subsection (a) of this section- into the Treasury as miscellaneous receipts. (1) to receive and maintain in an orderly manner all reports Pub.L. 92-342, § 101, July 10, 1972, 86 Stat. 435. and statements required by this subchapter to be-filed with him; References in Text. The Federal Elec- (2) to preserve such reports and statements for a period of ten tion Campaign Act of 1971, referred to in Codification. Section was enacted as text, is Pub.L. 92-225. For classification part of Legislative Branch Appropriation years from date of receipt, except that reports and statements of Pub.L. 92-225 in the Code, see Short Act. 1973, and not as a part of Federal relating solely to candidates for the House of Representatives shall Title note under section 431 of this title. Election Campaign Act of 1971, which comprises this chapter. be preserved for only five years from the date of receipt; (3) to make the reports and statements filed with him available SUBCHAPTER II.-GENERAL PROVISIONS for public inspection and copying during regular office hours, com- mencing as soon as practicable but not later than the end of the § 451. Extension of credit by regulated industries; regulations day during which it was received, and to permit copying of any such report or statement by hand or by duplicating machine, requested by The Civil Aeronautics Board, the Federal Communications Commission, and the Interstate Commerce Commission shall each promulgate, within any person, at the expense of such person; and ninety days after February 7, 1972, its own regulations with respect to 272 1 U.S.C.A.-18 1972 P.P. 273 the extension of credit, without security, by any person regulated by such Board or Commission to any candidate for Federal office (as such CHAPTER 15-OFFICE OF TECHNOLOGY term is defined in section 431 (c) of this title), or to any person on behalf ASSESSMENT [NEW] of such a candidate, for goods furnished or services rendered in connection Sec. Sec. with the campaign of such candidate for nomination for election, or 471. Congressional findings and declara- (e) Requests to heads of executive tion of purpose. departments or agencies for election, to such office. 472. Office of Technology Assessment. detail of personnel; reim- Pub.L. 92-225, Title IV, $ 401, Feb. 7, 1972, 86 Stat. 19. (a) Creation. bursement. (b) Composition. (f) Appointment and compensa- Legislative History. For legislative 1072 U.S.Code Cong. and Adm.News, p. (c) Functions and duties. tion of personnel. history and purpose of Pub.L. 92-225, see (d) Initiation of assessment ac- 476. Technology Assessment Advisory tivities. Council. (e) Availability of information. (a) Establishment; composition. § 452. Prohibition against use of certain Federal funds for election 473. Technology Assessment Board. (b) Duties. (a) Membership. (c) Chairman and Vice Chairman; activities; definitions (b) Execution of functions during election by Council from No part of any funds appropriated to carry out the Economic Opportu- vacancies; filling of vacan- members appointed from cies. public; terms and conditions nity Act of 1964 shall be used to finance, directly or indirectly, any (c) Chairman and vice chairman; of service. activity designed to influence the outcome of any election to Federal selection procedure. (d) Terms of office of members (d) Meetings; powers of Board. appointed from public; re- office, or any voter registration activity, or to pay the salary of any 474. Director of Office of Technology appointment. officer or employee of the Office of Economic Opportunity who, in his Assessment. (e) Payment to Comptroller Gen- (a) Appointment; term; compen- eral and Director of Con- official capacity as such an officer or employee, engages in any such sation. gressional Research Service (b) Powers and duties. of travel and other necessary activity. As used in this section, the term "election" has the same mean- (c) Deputy Director; appoint- expenses; payment to mem- ing given such term by section 431 of this title, and the term "Federal ment; functions; compensa- bers appointed from public office" has the same meaning given such term by section 431 (c) of this tion. of compensation and reim- (d) Restrictions on outside em- imbursement for travel, sub- ployment activities of Direc- sistence, and other necessary title. Pub.L. 92-225, Title IV, § 402, Feb. 7, 1972, 86 Stat. 19. tor and Deputy Director. expenses. 475. Powers of Office of Technology As- 477. Utilization of services of Library of References in Text. The Economic Op- Effective Date. Section effective sixty sessment. Congress. portunity Act of 1904, referred to in the days after Feb. 7, 1972, see section 406 (a) Use of public and private per- (a) Authority of Librarian to text, is classified to chapter 34 of Title of Pub.L. 92-225, set out as a note un- sonnel and organizations; make available services and der section 481 of this title. formation of special ad assistance of Congressional 42, The Public Health and Welfare. hoc task forces; con- Research Service. tracts with governmental, (b) Scope of services and assist- etc., agencies and instru- ance. § 458. State laws not affected mentalities; advance, prog- (c) Services or responsibilities (a) Nothing in this Act shall be deemed to invalidate or make inap- ress, and other payments; performed by Congressional utilization of services of Research Service for Con- plicable any provision of any State law, except where compliance with such voluntary and uncompensat- gress not altered or modi- provision of law would result in a violation of a provision of this Act. ed personnel; acquisition, fied; authority of Librarian (b) Notwithstanding subsection (a) of this section, no provision of holding, and disposal of real to establish within Congres- and personal property; sional Research Service addi- State law shall be construed to prohibit any person from taking any action promulgation of rules and tional divisions, etc. regulations. (d) Reimbursement for services authorized by this Act or from making any expenditure (as such term (b) Recordkeeping by contractors and assistance. is defined in section 431 (f) of this title) which he could lawfully make and other parties entering 478. Utilization of services of General into contracts and other ar- Accounting Offices. under this Act. rangements with Office; (a) Authority of General Account- Pub.L. 92-225, Title IV, $ 403, Feb. 7, 1972, 86 Stat. 20. availability of books and rec- ing Office to furnish finan- ords to Office and Comp- cial and administrative serv- References in Text. This Act, referred Effective Date. Section effective sixty troller General for audit and ices. to in the text, means the Federal Elec- days after Feb. 7, 1972, see section 406 examination. (b) Scope of services and assist- tion Campaign Act of 1971, Pub.L. 92- of Pub.L. 92-225, set out as a note un- (c) Operation of laboratories, pilot ance. 225. For classification of the Act in the der section 431 of this title. plants, or test facilities. (c) Services or responsibilities Code, see Short Title note set out un- (d) Requests to executive depart- performed by General Ac- der section 431 of this title. ments or agencies for in- counting Office for Congress formation, suggestions, esti- not altered or modified. mates, statistics, and tech- (d) Reimbursement for services nical assistance; duty of ex- and assistance. § 454. Partial invalidity ecutive departments and 479. Coordination of activities with Na- If any provision of this Act, or the application thereof to any person agencies to furnish informa- tional Science Foundation. or circumstance, is held invalid, the validity of the remainder of the Act tion, etc. 480. Annual report to Congress. 481. Authorization of appropriations; and the application of such provision to other persons and circumstances availability of appropriations. shall not be affected thereby. Pub. 92-225, Title IV, § 404, Feb. 7, 1972, 86 Stat. 20. § 471. Congressional findings and declaration of purpose References In Text. This Act, referred Effective Date. Section effective sixty days after Feb. 7, 1972, see section 400 The Congress hereby finds and declares that: to in the text, means the Federal Elec- tion Campaign Act of 1971, Pub.L. 92- of Pub.L. 92-225, set out as a note un- (a) As technology continues to change and expand rapidly, its applica- 225. For classification of the Act in the der section 431 of this title. tions are- Code. see Short Title note set out un- (1) large and growing in scale; and der section 431 of this title. (2) increasingly extensive, pervasive, and critical in their impact, beneficial and adverse, on the natural and social environment. (b) Therefore, it is essential that, to the fullest extent possible, the consequences of technological applications be anticipated, understood, and considered in determination of public policy on existing and emerging na- tional problems. 275 274 OF THE LIBRARY OF CONGRESS Congressional Research Service Enclosed herewith please find materials which should supply appropriate informa- tion in answer to your request of 12/3 Sincerely, Lister S Jayson Lester S. Jayson Director J.m. American Law Lawrence Division Ext. 6006 FORD LIBRARY 5-55h (rev 1/71) The Library of Congress & Congressional Research Service H1 Washington, D.C. 20540 *&* S APPLICABILITY OF THE EMOLUMENTS CLAUSE (ARTICLE I, SECTION 6, CLAUSE 2) OF THE CONSTITUTION TO THE OFFICE OF VICE-PRESIDENT The question has been raised whether Public Law 93-136, ef- fective October 24, 1973, which guarantees to federal employees certain minimum benefits under the Civil Service Retirement System, is an in- crease in the "emoluments" of a "civil office" which would disqualify Vice-President-designate Gerald Ford from holding such office under the prohibition of Article I, section 6, clause 2 of the Constitution. That provision states: "No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; " The House Committee Report (H.R. Rep. No. 93-457) on the legislation underlying Pub. L. 93-136 described the legislation as: designed to (1) eliminate the anomaly of a difference in amount between annuities that commence on or before the effective date of a cost-of-living increase and those that commence shortly after that date; (2) moderate the peaking of retirements immediately before cost-of-living increases be- come effective; and (3) reduce disruption in the work of Government agencies caused by many employees suddenly retiring at the same time. Specifically, the law provides that the immediate (not de- ferred) Civil Service retirement annuity of an employee retiring after the effective date of a cost-of-living increase shall not be less than GERALD RFURN CRS-2 his annuity would have been if he had retired on the effective date of the last cost-of-living increase. This provision applies whether or not the retiring employee met the age and service requirements for an- nuity before the effective date of the cost-of-living increase. Sim- ilarly, the law provides that the annuity of an employee's widow or widower beginning after the effective date of a cost-of-living increase shall not be less than it would have been if it had begun on the ef- fective date of the last cost-of-living increase. The provisions of the law apply to annuities beginning on or after July 2, 1973 and apply to those employees who retire or die in service after July 1, 1973. Thus, an employee retiring on or after July 1, 1973, and before Jan- uary 1, 1974, when another annuity increase may be due, will be entitled to the annuity computed as of June 30, 1973, plus the 6.1 percent in- crease effective that date, or the annuity earned on the date of actual separation, whichever is higher. (0f course, the same will be true after future cost-of-living increases). The Vice-President of the United States may avail himself of the Federal retirement system covered in the Civil Service Retirement Laws. 5 U.S.C. 8331 et. seq. For purposes of these laws, a Member of Congress may, by giving "notice in writing to the official by whom he is paid , become subject" thereto. 5 U.S.C. 8331 (2). Else- where, "Member of Congress" is defined to include the vice-president. 5 U.S.C. 2106. GERALD A AND FORM CRS-3 We have no information as to whether Mr. Ford has executed the requisite notice under 5 U.S.C. 8331 (2). Nor do we have informa- tion whether Mr. Ford would benefit by the alternate method comput- ing his annuity if he did so elect. Assuming that he has given the requisite notice, two questions must be faced: First, did Pub. L. 93-136 effect an increase in the emoluments of the office of vice- president, and, if so, second, is the office of vice-president a "civil office" within the meaning of Article I, section 6, clause 2? I. Although the Framers of the Constitution did not specifically define the meaning of the term "emolument", it would appear that it was meant to be a broad generic term which was designed to encompass more than simply the salary attached to an office. This seems confirmed by the use of the term "compensation" in Article I, section 6, clause 1 ("The Senators and Representatives shall receive a compensation for their services ") and Article III, section 1 (The Judges... shall receive for their services, a compensation. "). Of course, pensions were not unknown at the time of the adoption of the Constitution. Further, legal dictionaries generally agree on a broad definition of the term: emoluments. The profit arising from office or employment; that which is received as compen- sation for services, or which is annexed to the possession of office as salary, fees, perquisites; advantage; gain public or private Indirect or GERALD LEBRARY FORD CRS-4 contingent remunerations which may or may not be earned; remunerations in the nature of compensation or in the nature of reimbursement. Waller V. U.S., 180 F. 2d 194... (Ballantine's Law Dictionary, 3rd Edition, 1969, pp. 398-399). Emolument. The profit arising from office or employ- ment; that which is received as compensation for services, or which is annexed to the possession of office as salary, fees, and perquisites; It im- ports any perquisite, advantage, profit or gain from the possession of an office. (Bouvier's Law Dictionary, Baldwin's Century Edition, 1948, p. 353). Court decision have also tended to give the term an expansive reading. In McClean V. United States, 226 U.S. 374 (1912), the Supreme Court commented, "Pay and emoluments are but expressions of value used to give complete recompense to a deserving officer. Their association was deliberate; emoluments were additive of pay Of what consequence, then, how they may be defined? They may be called 'indirect or contin- gent remuneration', as they have been called; it may be said, as it has been said, that 'they are sometimes in the nature of compensation and sometimes in the nature of reimbursement"." (226 U.S. at p. 382). Finally, in the context of the Emoluments Clause itself, it would appear certain that the Framers meant to include all varieties of pecuniary gain that might be attached to an office. One of the principal purposes of the provision was to prevent Members from seeking offices which they had "enriched". It cannot be presume that the Framers were unaware that an office could be "enriched" by means other than simply the raising of its salary. BEHALD A LIBRARY FORD CRS-5 It may be argued that the increased benefit provided by Pub. L. 93-136 does not attach to the office of vice-president but rather to Mr. Ford himself since annuities are computed essentially on the basis of length of service, age and high average pay of the annuitant. If so, the Emoluments Clause does not apply since the emol- uments of the office of vice-president have not been increased during Mr. Ford's current term. To the contrary, it may be contended that since the salary of the vice-president is considerably in excess of that of a Member, if Mr. Ford serves for three years his annuity will be substantially greater than it would have been as a Member. As a result, Mr. Ford, upon retirement, could receive a significant added benefit from the alternate computation afforded by Pub. L. 93-136. Since this would also be true of many other Members of Congress, the benefit may not be viewed as simply an individual one. If one focuses on the vice-president's office, it is seen that the new law could reap an incumbent a considerable benefit. It may also be argued that Mr. Ford's situation is closely analogous to that which faced Hugo Block at the time of his appointment to the Supreme Court. Then it was debated whether an increase in re- tirement benefits during his term in the Senate constituted an increase in emoluments within the scope of the Emoluments Clause. The Senate confirmed the nomination, apparently agreeing with the Attorney General that Senator Black was nevertheless eligible because the purpose of GERALD LIBRANT FORD CRS-6 the Clause was served "inasmuch as Mr. Black was only 51 years old at the time and so would be ineligible for the increased emolument' for nineteen years, it was not as to him an increased emolument." See Corwin, Annotated Constitution at 133; N.Y. Times, August 14, 1937, p. 1, col. 13. The Ford situation, however, would seem to be distinguish- able. Mr. Ford's potential retirement is not so remote, and in view of his lengthy service, would probably be eligible for full retirement benefits upon completion of his term as vice-president. R FORD LIBRARY GERALD CRS-7 II But even assuming that Pub. L. 93-136 had the effect of in- creasing the emoluments of the office of Vice-President, it does not appear that the Emoluments Clause was meant to apply to that office. This conclusion is supported by the history of the adoption of the Clause, the usage of term "civil office" elsewhere in the Constitution, court decisions dealing with the meaning of the term, and the commentaries of leading constitutional scholars. The weight of these authorities and precedents leads to the conclusion that the constitutional term "civil office" was meant to include only those offices which are created by Congress and subject to appointment, and not those elective offices established by the Constitution itself. After the preliminary debates in the Convention on the Emoluments Clause, the Committee of the Whole reported the following language: "Members of the first and second branch of the National Legislature ought to be ineligible to any office established by a particular state, or under the authority of the United States (ex- cept those particularly belonging to the functions of each branch) during the term of service, and under the National Government for the space of one year after its expiration." This language was re- ferred to the Committee on Detail which reported out the provision, then embodied in Article I, Section 9, as follows: The Members of each House shall be ineligible to, and incapable of holding, any office under the authority of the United States during the time for which they shall respectively be elected; and the Members of the Senate shall be ineligible to, and incapable of holding, such office for one year afterwards. (Farrand, vol. p. 180). any GERAL R. FORD LIBRARY CRS-8 At that point, then, the only changes found necessary by the Committee were the elimination of the prohibition against state office holding and the deletion of the additional one year disability for House Members. It may be noted that this relatively minor change came about despite attempts led by James Madison at modification. The critical debate on the Clause occurred on September 3. The language then under consideration was a revision by the Committee of Eleven of the Committee on Detail's resolution (quoted above) which read as follows: The members of each House shall be ineligible to any civil office under the authority of the United States, during the time for which they shall respectively be elected; and no person holding an office under the United States shall be a member of either House during tis continuance in office. It was at this time, however, that proponents of modification again proposed that disqualification be. limited to situations where an office had been created, the emoluments attached to an old office have been increased during the term of a member, and also to situations of dual office-holding. The significant change to be noticed here for present purposes was that the proposal on the floor limited ineligibility to any civil office under the authority of the United States. Proponents of modification ultimately carried the day on a close vote. The language adopted, which but for one further important change, is virtually that which found its way into the final draft, read; "The members of each House shall be ineligible to any Civil office under the authority of the U: States, created, or the emoluments whereof shall have been increased during the time for which they shall respectively be elected - And no person holding any office under the U.S. shall be a member of either House during his continuance in office." GERALD R FORD LIBRARY CRS-9 This language may now be compared with that which appears as Article I, Section 6, Clause 2: No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. The final important change alluded to was the addition by the Committee on Style of the words "be appointed to," the significance of which is discussed below. The evolution of the clause therefore demonstrates the fol- lowing: First, the Framers consciously limited ineligibility to civil offices rather than to the more encompassing phrase "any office" as had previously appeared. That this was a significant distinction in the minds of the Framers is indicated by the fact that the disquali- fication for dual office-holding in the last phrase of the Clause applies to "any office under the United States." Second, the addi- tion of the words "be appointed to" gives further meaning to the term civil office since it conforms it to the sense of similar terminology found elsewhere in the Constitution. That is, where the term civil office appears in other provisions of the Consitution, it seems clear that a distriction is being made between offices created by the Consti- tution and offices to be created by the Congress. By specifically linking the concept of appointment to those offices which Members could not hold under the conditions specified, the Framers were making the A. FORD LIBRARY CRS-10 Emoluments Clause consistent with those other provisions of the Consti- tution; and by that consistency the office of the Vice-President seems taken out from under the coverage of the Clause. In the absence of any contrary evidence as to the meaning of "civil office" in the debates on this provision, the evolution in termino- logy must be deemed of significance in itself. The Framers, we have been taught, chose their words with care. And reference to analogous terminology in other provisions tends to confirm the thesis propound- ed. Article II, Section 2, declares that: "The President, Vice- President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, and other high crimes and misdeameanors." The distinction made between civil officers and the two elected constitutional officers is clear and unmistakable. Article II, Section 3 provides that the President "shall commission all the officers of the United States." Of course the Vice- President is not commissioned by the President and it is significant that under the Twenty-fifth Amendment, the nomination and confirmation of a new Vice-President by both Houses of Congress is not followed by a commissioning. Finally, Article II, Section 2, Clause 2 provides that the President: shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, GERALD FORD LIBRARY other public ministers and counsels, judges of CRS-11 the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be estab- lished by law; but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of the depart- ments." Judicial interpretation of this provision has made it clear that there can be no offices of the United States except those which are created by the Constitution itself, or by an act of Congress, and that no one can be deemed an officer of the United States unless appointed by the President by and with the advice and consent of the Senate, or appointed by the President alone, or a court of law, or the head of a department; and if the latter, Congress must have vested that power in the person making it, by some statute, and Congress must also have created the office, unless it is one created by the Constitution itself. United States v. Germaine, 99 U.S. 508 (1879) ; United States V. Mouat, 124 U.S. 303 (1888) United States V. Smith, 124 U.S. 525 (1888); Burton V. United States 202 U.S. 344 (1906) United States V. Maurice, 96, 26 Fed. Cas. No. 15, 747 (1823); Scully V. United States, 193 F. Rep. 185 (1911); and see also, Willoughby, The Constitutional Law of the United States (1929), PP 605, 1447-1448, 1510; Corwin, The President, Office and Powers (1957), pp. 69-73. In United States V. Maurice, Chief Justice Marshall (sitting as a circuit judge) held that "this clause makes a general provision, that the President shall nominate, and by and with the consent of the FORD Senate, appoint to all offices of the United States, with such exception GERAL IBRARY CRS-12 only as are made in the Constitution, and that all offices (with the same exceptions) shall be established by law." In the Germaine case, the Supreme Court declared: "The argument is that provision is here made (that is, in Art. II, Sec.2) for the appointment of all offices of the United States. ... The Consti- tution, for purposes of appointment, very clearly divides all its officers into two classes. The primary class requires a nomination by the Presi- dent and confirmation by the Senate. But, foreseeing that when officers became numerous, and sudden removals necessary, this mode might be in- convenient, it was provided that, in regard to officers inferior to those specifically mentioned, Congress might by law vest their appointment in the President alone, in the courts of law, or in the heads of departments. That all persons who can be said to hold office under the government about to. be established under the Constitution were intended to be in- cluded within one or the other of these modes of appointments, there can be little doubt." In the Smith case the Court stated: "An officer of the United State can only be appointed by the President, by and with the advice and consent of the Senate, or by a court of law, or the heads of a department. A person in the service of the Government who does not de- rive his position from one of these sources is not an officer of the United States in the sense of the Constitution." It may be noted that in subsequent decisions the Court has not departed from this rule although they have recognized that the word "officer" may have a broader meaning when used in statutes. In such GERALD LERRARY CRS-13 cases the Court has distinguished between the constitutional and the statutory use of the term. Thus in the Lamar cases the Supreme Court held that Members of Congress are officers of the United States within the meaning a provision of the criminal code. But Justice Holmes in the first Lamar case, and Justice White in the second, were careful to distinguish that ruling from earlier ones which held that Members were not officers in the constitutional sense. Lamar V. United States, 240 U.S. 60 and 241 U.S. 107 (1916) ; see also United States V. Gradwell, 234 Fed. 446 (1916). Since the Vice-President does not hold his office by virtue of an appointment under Article II, Section 2, Clause 2, and since the Twenty-fifth Amendment's nomination and confirmation process in no way changes the nature of the Vice-Presidency as a constitutional office under the Constitution, it would appear reasonably certain that the office of Vice-President was not intended to be encompassed within term "civil office" in Article I, Section 6, Clause 2. In summary, then it is concluded that, although not entirely free from doubt, Pub. L. 93-136 effected an increase in the emoluments of the office of Vice-President, but that, assuming it effected such an increase, it does not appear that the Vice-President is a "civil officer" in the sense in which that term is used in Article I, Section 6, Clause 2 and elsewhere in the Constitution. Moston Morton Rosenberg Roserberg on LIBIARY Legislative Attorney GERALD R THE LIBRARY OF CONGRESS Congressional Research Service WASHINGTON, D.C. 20540 APPLICABILITY OF THE EMOLUMENTS CLAUSE (ARTICLE I, SECTION 6, CLAUSE 2) OF THE CONSTITUTION TO THE OFFICE OF VICE-PRESIDENT: A SUMMARY In view of the urgent requests for information as to the effect of Article I, §6, Clause 2 on the eligibility Gerald Ford to hold the vice-presidency, the following summary of the full report is herewith submitted. It is anticipated that the completed report will be available later this day. The passage of Pub. L. 93-136 on October 24, 1973 enhancing the retirement annuity benefits of federal employees, including Members of Congress and the Vice-President raises questions as to the eligibility of Gerald Ford for the office of Vice-President. That law, on its face, appears to increase the emoluments of an executive office during the term of a member of congress whose appointment is sought for that office. Therefore, two questions are raised: 1. Did Pub. L. 93-136 effect an increase in the emoluments of the Vice-President? 2. Is the Vice President a civil officer within the meaning of the Constitution? With regard to question 1, an argument can be made to the effect that Pub. L. 93-136 did not effect an increase in the emoluments of the office of vice-president, but rather granted a potential pecun- iary benefit to government employees generally, one of whom might be a GERALD R. FORD LIBITARY CRS-2 possible incumbent to that office. On the other hand, there is weighty evidence that the term emoluments was meant to encompass a wide variety of pecuniary benefits that might attach to an office, particularly within the context of one of the principal purposes of the Emoluments Clause (i.e., the prevention of office seeking for personal gain.) But even if Pub. L. 93-136 effected an increased emolument for the vice-presidents office, it would appear that there is substantial doubt that that office is a "civil office" as that term is to be under- stood under the Emoluments Clause and elsewhere in the Constitution. That conclusion is based on the following reasoning and authorities: First, the evolution of the Clause during the Constitutional debates of 1787 demonstrates that the Framers consciously narrowed the scope of the area of disqualification of Members of Congress in two ways: by limiting the conditions of disqualification to three (creation of a new office, in- creasing the emoluments of an old office, and dual office-holding) and by limiting the type of office for which a Member may be disqualified under the first two conditions to "civil office" rather than "any office". Second, it is apparent that the term "civil office" has a special meaning under the Constitution. It is limited to those offices created by Congress or the Constitution which are subject to the appointment process delineated in Article II, §2, clause 2. It is also apparent that the Framers deliberately made a distinction between such civil office and the constitutional, elective offices of President and Vice-President. Since the vice-president is not subject to nomination, confirmation or commissioning, under the Constitution or its amendments (it is concluded that the provisions of the Twenty-fifth Amendment do noteffect a change in GERALD LIBRARY CRS-3 either the constitutional status of the Vice-President or the appointment process of Aricle II, $2, clause 2), it is not within the concept of civil office as that term is used in the Emoluments Clause and elsewhere Finally, judicial precedents and leading commentators on the Constitution agree with the exposition of the meaning and scope of the term civil office expounded about. United States V. Germaine, 99 U.S. 508 (1879); United States V. Mauat, 124 U.S. 303 (1888); United States V. Smith, 124 U.S. 525 (1888); Burton V. United States, 202 U.S. 344 (1906); United States V. Maurice, 2 Brock, 96, 26 Fed. Cas. No. 15, 747 (1823), Scully V. United States, 193 F. Rep. 185 (1911); and see also, Willoughby The Constitutional Law of the United States (1929), PP 605, 1447-1448, 1510; Corwin, The President, Office and Powers (1957), pp. 69-73. Morton Rosenberg Legislative Attorney American Law Division November 29, 1973 FORD R. LIBRARY GERALD Some items in this folder were not digitized because it contains copyrighted materials. Please contact the Gerald R. Ford Presidential Library for access to these materials. C On The Floor SENATE APPROVES FORD NOMINATION FOR VICE PRESIDENT Senate-Nov. 27, by a 92-3 roll-call vote, ap- proved the nomination of Rep. Gerald R. Ford (R Mich.) to be vice president of the United States. Former Member Represents Ford The overwhelming vote for Ford came one week after the Rules and Administration Committee unani- The constant presence of former Rep. William C. mously recommended his confirmation, and six and a Cramer (R Fla.) with Rep. Gerald R. Ford (R Mich.) at half weeks after his nomination Oct. 12 by President Ford's vice presidential confirmation hearings by the Committee Report The nine-member Rules and Administration Com- mittee after three days of public hearings, nine closed sessions and what it called the most exhaustive FBI in- vestigation in U.S. history of a candidate for public COPYRIGHT 1973 CONGRESSIONAL QUARTERLY INC. GEI PAGE 3148-Dec. 1, 1973 Reproduction prohibited in whole or in part except by editorial clients AIR TRAVEL CREDIT FOR POLITICAL CANDIDATES-CAB PROPOSED CONDITIONS, PROHIBITIONS, AND REPORTING REQUIREMENTS PROPOSED RULEMAKING [Federal Register, Vol. 37, No. 49, Saturday, Mar. 11, 1972] CIVIL AERONAUTICS BOARD ferred to as the "Election Campaign credit on such reasonable terms and Act"), reflects recognition by Congress conditions as the carrier in its judgment 14 CFR Part 374a ] of the historical fact that political can- deems appropriate, so long as the same didates, as a class, and regardless of terms and conditions apply uniformly to [Docket No. 24275] party affiliation, have been particularly- all candidates for political office; and EXTENSION OF CREDIT TO POLITICAL and even uniquely-slow in discharging (5) require carriers to file special reports their debts to air carriers and other reg- with respect to credit extended to politi- CANDIDATES ulated industries which have extended cal candidates. We are requesting that Notice of Proposed Rule Making credit to persons purchasing their serv- comments filed herein indicate clearly ices for campaign purposes. The section which of the above proposals are pre- For the reasons set forth in the therefore provides in pertinent part, as ferred, the order of preference, and the attached Explanatory Statement, the follows: 1 reasons for such preference.4 Board has determined to issue a notice of proposed rule making to adopt a new SEC. 401. The Civil Aeronautics Board Although, as indicated, the Board shall Part 374a pursuant to section 401 of the promulgate, within 90 days may decide ultimately to adopt only the after the date of enactment of this Act, its above reporting requirement, we have Federal Election Campaign Act of 1971, own regulations with respect to the ex- tentatively concluded that, should one with respect to the extension of credit to tension of credit, without security, by any or more of the other described proposals political candidates by persons regulated person regulated by such Board * to be adopted, we would add thereto such by the Civil Aeronautics Board. any candidate for Federal office (as such reporting requirement. The principal features of the próposal term is defined in section 301(c) of the Federal Election Campaign Act of 1971), or The proposed reporting requirement are described in the Explanatory State- to any person on behalf of such a candidate, would provide that, during the period ment and the proposed amendments are for goods furnished or services rendered from 6 months before nomination, if set forth in` the proposed rule. The in connection with the campaign of such any, or from 6 months before election, amendments are proposed under sections candidate for nomination for election, or until the date of election a semimonthly 204(a), 401, 403, 404(b), 407, and 416 of election, to such office. report must be filed by the carrier with the Federal Aviation Act of 1958, as In order to comply with this directive, the Board. Each report will cover the amended (72 Stat. 743, 754 (as amended we propose a new part of the Board's previous half-month period ending on by 76 Stat. 143, 82 Stat. 867), 758 (as special regulations (14 CFR Part 374a) the 15th day or the last day of each amended by 74 Stat. 445), 760, 766 (as to be entitled "Regulations pursuant to calendar month, as the case may be. It amended by 83 Stat. 103), 771; 49 U.S.C. section 401 of the Federal Election Cam- will list every account with a principal 1324, 1371, 1373, 1374, 1377, 1386) and paign Act of 1971, with respect to exten- balance of over $5,000 on the last day section 401 of the Federal Election Cam- sion of unsecured credit to persons regu- of the reporting period, with respect.to paign Act of 1971, Public Law 92-225, lated by the Civil Aeronautics Board," which there would be included in the re- 86 Stat. 19, U.S.C. to be applicable to all certificated air port: (1) Name of account and identi- Interested persons may participate in carriers, including supplemental air car- fication of candidate; (2) the credit the rule making through submission of riers. We are tentatively considering the limit, if any, established for such ac- twelve (12) copies of written data, views, following various alternative and com- count; (3) the balance, if any, as of the or arguments pertaining thereto, ad- plementary provisions (§§ 374a.4 through last day of the half-month covered by dressed to the Docket Section, Civil Aero- 374a.7 and 374a.9) with a view to the report, of the amount payable for nautics Board, Washington, D.C., 20428. adopting such of them as we determine services not paid for in advance of such All relevant material in communications to be appropriate in light of the com- services being furnished; (4) the unpaid received on or before March 27, 1972, and ments thereon: (1) Prohibit the fur- balance, if any, of the charge for such reply comments received on or before nishing of air transportation unless the services as of the last day of such re- April 5, 1972, will be considered by the ported period; and (5) a description of Board before taking final action on the political candidates, or persons acting the type and value of any bond, col- proposed rules. Copies of such communi- on their behalf, make full payment in lateral, or other security securing such cations will be available for examination advance or provide full security in ad- unpaid balance. by interested persons in the Docket Sec- vance; (2) prohibit the furnishing of The proposed reporting rule would tion of the Board, Room 712 Universal air transportation to such political can- further provide that, should the Board Building, 1825 Connecticut Avenue NW., permit carriers to choose to extend didates unless they maintain an account Washington, D.C., upon receipt thereof. credit to candidates on a nondiscrimina- for air transportation on a current bill- It should be noted that because the tory basis, on such reasonable terms and ing basis, i.e., billings to be made semi- conditions as the particular carrier in its proposed rule is to be adopted pursuant monthly with full payment remitted judgment thinks appropriate, then the to section 401 of the Federal Election within 14 days after billing; (3) permit carrier shall, within 30 days after decid- Campaign Act of 1971, the Board intends carriers to refuse to extend unsecured ing to offer credit on such terms and credit, so that carriers may refuse to to move forward as expeditiously as pos- conditions, notify the Board of such de- provide transportation for political sible in order to put into effect a final cision and set forth in detail the manner campaign purposes unless there is full in which, and the terms and conditions rule thereon by May 7, 1972, the deadline upon which, the extension of credit prescribed by Congress in said section 1 This provision applies also to the Federal would be granted. 401. Therefore, the Board does not con- Communications Commission and the Inter- The proposed rule to be set forth in template the granting of any extensions state Commerce Commission. the new Part 374a would be prospective of time for the filing of initial or reply 2 The cited Section 301 (c) defines Federal office as the office of President or Vice Presi- only, i.e., it would apply only to the ex- comments with respect to this matter. dent of the United States; or of Senator tensions of credit to political candidates, Dated: March 8, 1972. or Representative in, or Delegates or Resident or to persons acting on their behalf, By the Civil Aeronautics Board. Commissioner to, the Congress of the United which are granted by certificated carriers States. subsequent to the effective date of the [SEAL] HARRY J. ZINK, 2 Although these five provisions are pre- part, and not to debts resulting from Secretary. sented as different sections of a single pro- past extensions of credit which remain posed rule, we do not intend thereby to sug- gest that all five provisions would, or could, unpaid on the effective date of the part. EXPLANATORY STATEMENT be adopted in the final rule. Each of these provisions is to be considered separately, and Section 401 of the Federal Election in the final rule any one or more of them While we have tentatively concluded that Campaign Act of 1971, Public Law 92- may be adopted. there is no practical need to extend this 225, 86 Stat. 19, U.S.C. payment in advance or full security in regulation to carriers serving by exemption, ap- proved February 7, 1972 (hereinafter re- we request comments on whether we should advance; (4) permit carriers to extend so extend the regulation. Promulgate a new Part 374a entitled and fifty percent (150%) of the estab- the person from whom air transportation with his campaign for nomination for ance of over $5,000 on the last day of setting forth in detail the manner in "Regulations pursuant to section 401 of lished credit limit for such account, or services are purchased, or a subsidiary, the Federal Election Campaign Act of election, or election, to Federal office, which bond must comply with the stand- the half-month to which the report per- parent, or affiliate corporation thereof) which, and the terms and conditions upon such reasonable terms and condi- tains. The indebtedness accounts re- 1971 with respect to persons regulated ards provided for surety bonds in Part prior to performance of such air trans- tions as the carrier in its judgment deter- upon which, the extension of credit would by the Civil Aeronautics Board" as ported shall be those which the air car- 378 of the Board's Special Regulations portation or services by an air carrier. mines to be appropriate: Provided, how- (14 CFR Part 378) or (b) collateral with rier knows, or has reason to know, have be provided. follows: "Political committee" means any ever, That such terms and conditions been incurred by or on behalf of a can- a market value equal to one hundred and committee, association, or organization must be made available to every such didate for Federal office in connection § 374a.10 Provisions of part are prospec- fifty percent (150%) of the established tive only. PART 374a-REGULATIONS PUR- which accepts contributions, or makes candidate, and to every person acting with the campaign of such candidate for credit limit for such account, which col- SUANT TO SECTION 401 OF THE expenditures, for the purpose of sup- on his behalf: And provided, further, lateral must be deposited in escrow and nomination for election, or election, to The provisions of this part shall apply porting a candidate or candidates for That the reporting requirements of such office. only to the extension of credit by an air FEDERAL ELECTION CAMPAIGN which must consist of Federal, State or nomination for election, or election, to $ 374a.9 are complied with. ACT OF 1971 WITH RESPECT TO municipal bonds or other negotiable se- (b) The reports required by this sec- carrier to a candidate, or to a person Federal office. curities which are publicly traded on a tion shall be filed with the Board's Bu- acting on his behalf, which is made sub- PERSONS REGULATED BY THE CIVIL § 374a.8 Exemption authority. securities exchange. § 374a.4 Prohibition of services unless reau of Accounts and Statistics not later sequent to the effective date of this part, AERONAUTICS BOARD "Air carrier" means any air carrier advance payment is made or adequate Air carriers are exempt from the fol- than the 10th day following the end of and shall not be applicable to debts in- lowing provisions of title IV of the Fed- curred prior to such date and remain- Sec. holding a certificate of public conveni- security is provided." the half-month to which the report ap- 374a.1 Purpose. eral Aviation Act of 1958, as amended: ence and necessity issued under section No air carrier shall furnish air trans- pertains. They shall include the follow- ing unpaid as of the effective date of this 374a.2 (a) section 403; (b) subsection 404(b) part. Applicability. 374a.3 401 of the Federal Aviation Act of 1958, portation, or services in connection ing data: (1) Name of account and iden- Definitions. and any and all other provisions of title 374a.4 as amended. therewith, to any person it knows or has tification of candidate; (2) the credit Prohibition of services unless ad- IV of the Federal Aviation Act of 1958, "Candidate" means an individual who reason to know to be a candidate, or limit established for such account; (3) vance payment is made or ade- as amended, to the extent necessary to seeks nomination for election, or elec- a person acting on behalf of a candidate, the balance, if any, of the amount pay- Although the provisions of $ $ 374a.4 quate security is provided. enable air carriers to comply with the in connection with his campaign for able for air transportation or services not through 374a.7 and 374a.9 are set forth here 374a.5 Extension of credit without advance tion, to Federal office, whether or not regulations in this part. paid for in advance; (4) any unpaid bal- serially, it is noted that not all of these payment or adequate security such individual is elected. For purposes nomination for election, or election, to when account is maintained on of this part, an individual shall be § 374a.9 Reporting requirements. ance of the charge for such services as provisions would, or could, appear together Federal office, unless advance payment is made, or adequate security is furnished of the last day of the half-month covered in the final rule, and they are therefore to a current billing basis. deemed to seek nomination for election, 374a.6 Authority to refuse credit to candi- or election, if he has (a) taken the action (a) Air carriers shall make semi- be regarded as separate, alternative proposals. in advance: Provided, however, That this by the report; and (5) a description of It should further be noted that each of dates for Federal office. necessary under the law of a State to prohibition shall not be applicable if the monthly reports to the Board with re- the type and value of any bond, collat- these proposed sections, if adopted, would 374a.7 Extension of credit on reasonable qualify himself for nomination for elec- air carrier knows, or has reason to know, spect to the extension of credit for air eral, or other security securing such un- be revised to include language such as is and nondiscriminatory terms and tion, or election, to Federal office; or (b) that the air transportation or service transportation, or services connected paid balance. now utilized in § 374a.4 to make clear that conditions. Exemption authority. received contributions or made expendi- which will be rendered is not to be used therewith, furnished to political candi- (c) If the air carrier decides to ex- an air carrier will not be charged with con- 374a.8 374a.9 Reporting requirements. tures, or given his consent for any other in connection with the campaign of such dates, or persons acting on behalf of tend credit to candidates for Federal of- structive knowledge that a person is in fact 374a.10 Provisions of part are prospective person to receive contributions or make political candidates, for the period from a candidate, but that there will be a rebut- candidate for nomination for election, fice, or to persons acting on behalf of only. expenditures, with a view to bringing or election. to such office. 6 months before nomination, if any, or table presumption that a known candidate such candidates, under § 347a.7, such intends to use air transportation, or service AUTHORITY: The provisions of this Part about his nomination for election, or from 6 months before election, until the carrier shall, within 30 days after it has connected therewith, for campaign purposes. § 374a.5 Extension of credit without ad- 374a are issued under sections 204(a), 401, election, to such office. date of election. The reports shall cover so decided, notify the Board's Bureau of 403, 404(b), 407, and 416 of the Federal Avia- "Election" means (a) a general, spe- vance payment or adequate security only accounts with an indebtedness bal- tion Act of 1958, as amended, 72 Stat. 743, when account is maintained on a cur- Accounts and Statistics of this decision, [FR Doc.72-3740 Filed 3-10-72;8:48 am] cial, primary, or runoff election; (b) a 754 [as amended by 76 Stat. 143, 82 Stat. rent billing basis. convention or caucus of a political party 867], 758 [as amended by 74 Stat. 445], 760, 766 [as amended by 83 Stat. 103], 771; 49 held to nominate a candidate; (c) a pri- If an air carrier submits semimonthly U.S.C. 1324, 1371, 1373, 1374, 1377, 1386; and mary election held for the selection of statements for air transportation, or U. S. GOVERNMENT PRINTING OFFICE 1972 75-465 delegates to a national nominating con- services connected therewith, furnished section 401 of the Federal Election Campaign Act of 1971, Public Law 92-225; 86 Stat. 19, vention of a political party; or (d) a pri- to any candidate, or a person acting on U.S.C. approved Feb. 7, 1972. mary election held for the expression of behalf of such candidate, then the air 374a.1 Purpose. a preference for the nomination of per- carrier may continue to extend unsecured sons for election to Federal office. credit to such candidate so long as no Section 401 of the Federal Election "Established credit limit" means the semimonthly statement remains unpaid Campaign Act of 1971 (Public Law 92- dollar limit of credit established by the for more than 14 days after the date of 225, 86 Stat. 19, U.S.C. carrier extending credit. its submission. Semimonthly statements enacted February 7, 1972, and hereafter "Federal office" means the office of hereunder shall be submitted no later referred to as the "Election Campaign President or Vice President of the United than the 15th day and the last day of Act") directs the Civil Aeronautics States, or of Senator or Representative each calendar month for the previous Board to promulgate, within 90 days in, or Delegate or Resident Commis- half-month period covered by the state- after enactment, regulations with respect sioner to, the Congress of the United ment. to the extension of unsecured credit by States. § 374a.6 Authority to refuse credit to any person regulated by the Board to "Person acting on behalf of a candi- candidates for Federal office." any candidate for Federal office, or to date" means (a) a political committee any person on behalf of such a candi- acting on behalf of, or a person employed Any air carrier may refuse to furnish date, for goods furnished or services by such candidate or by such political air transportation, or services connected rendered in connection with the cam- committee to act on behalf of, such can- therewith, to a candidate, or to any per- paign of such candidate for nomination didate in connection with such candi- son acting on his behalf, in connection for election, or election, to such office. date's campaign for nomination for elec- with his campaign for nomination for The purpose of this part is to issue rules tion, or election, to Federal office; (b) a election, or election, to Federal office, pursuant to said Section 401 of the Elec- person acting under a contract with, or unless advance payment is made, or ade- tion Campaign Act in accordance with as an agent of, such candidate or politi- quate security is furnished in advance. the Civil Aeronautics Board's responsi- cal committee to engage in activities in § 374a.7 Extension of credit on reason- bility thereunder. connection with such candidate's cam- able and nondiscriminatory terms § 374a.2 Applicability. paign for nomination for election, or and conditions. election, to Federal office; or (c) a person This regulation shall be applicable to An air carrier may extend credit for for whom such candidate or political all air carriers as defined herein. air transportation, or services connected committee pays, directly or indirectly, for services purchased by such person. therewith, to a candidate, or to any per- § 374a.3 Definitions. "Adequate security" means (a) a bond "Payment in advance" means payment son acting on his behalf, in connection by cash, check, money order, or by credit in an amount not less than one hundred card (if the issuer of such card is not *See footnote following $ 374a.10. FORD R. FORD SCHEDULE B ITEMIZED RECEIPTS-SALES AND COLLECTIONS Use for Part No. 2 only (Full Name of Candidate or Committee) SEE REVERSE SIDE FOR INSTRUCTIONS Total Sum of Proceeds during the reporting period from : 1. Sale of tickets (List by event below) * $ 2. Mass collections (List by event below) $ 3. Sale of Items $ Total (Carry forward to Part 2 of Summary) $ List of Sales and Collections by Event Date of Event Type of Event Amount From Sale of Amount From Mass (month, day, year) Tickets This Period* Collections This Period TOTALS THIS PERIOD (Last page of this Schedule only) *After completion of the above list by event, use a separate Schedule A to list the date, full name and mailing address (occupa- tion and principal place of business, if any) of each person who has purchased one or more tickets for events such as dinners, lunch- eons, rallies, and similar fundraising events during this reporting period in an amount in excess of $100 or whose total ticket purchases to date for the calendar year (aggregate) are in excess of $100. Attach the separate Schedule A to this Schedule. Page TO аиогтоиятайт to (woled to .I to (Trolad 8 to & 8 bas to Jai.I INSTRUCTIONS FOR PREPARING SCHEDULE B (See Appropriate Supervisory Officer's Manual for Additional Regulations and Instructions) Use this form to itemize Sales and Collections. This form may be duplicated or the information may be itemized on computer printouts or any 81/2 X 11" paper providing only the information required in the same format. Part 2. FUNDS RECEIVED FROM SALES AND COLLECTIONS.-This is an account of proceeds during this reporting period from (1) the sale of tickets to each dinner, luncheon, rally, or other fund- raising event; and (2) mass collections made at each such event. The sale of items (3) such as political cam- paign pins, buttons, badges, flags, emblems, hats, banners, literature and similar materials during the reporting period shall be reported in the total amount. Ticket sales and mass collections must be listed by each event, giving the date and type of event and the amount of proceeds collected. Ticket sales to any individual in an amount in excess of $100 during this reporting period or in an aggregate amount within the calendar year must be itemized using a separate Schedule A form which must be attached to support this Schedule B. (See Schedule A for instructions.) [Section 304 (b) (6).] U.S. GOVERNMENT PRINTING OFFICE 1972 1972 0-461-028 ΓHT 2JATOT (vigo elubedo8 to Jaml) sman Hot 62 A 8 980 91001 arto FORD TO to ni A to LIBRARY borroq pros JUNE -ibnsqxa to ушоше one onth pr Committee СУЙДӀДУЛЕ азяцтісиячкя ST. INSTRUCTIONS FOR PREPARING SCHEDULE C TO a JIST gnistmeti (See Appropriate Supervisory Officer's Manual for Additional Regulations and Instructions) 6ˢᵗ И° Use this form to itemize Expenditures for Part 6 or 9. This form may be duplicated or the information may be itemized on computer printouts or any 81/2 X 11" paper providing only the information required in the same format. This Schedule is to be used to ITEMIZE ONLY THE EXPENDITURES AS SPECIFIED BELOW FOR EACH PART. The "Total This Period" amount for each itemized Part is to be carried forward to the corresponding Part of the Summary Report. When applicable, the total of all other expenditures NOT REQUIRED TO BE ITEMIZED UNDER A GIVEN PART is to be entered as a lump sum on the "UNITEMIZED" line of the appropriate Part of the Summary Report. Part 6. COMMUNICATIONS MEDIA EXPENDITURES.-This is an account of expenditures in any amount during this reporting period in the communications media, which are defined as television, radio, CATV, newspaper or magazine advertising, outdoor advertising, or expenditures for the costs of telephones, paid telephonists, and automatic telephone equipment used to communicate with potential voters. Itemize LOLVT JHIS besiod as to amount and date of expenditure and other data as indicated in the column headings. Expenditures include not only the direct charges of the media but also agents' commissions which should be separately stated treq aidt to if so billed. Date or dates of use or period of intended use are also required. If an expenditure is for two or more purposes, specify the amount of expenditure allocable to each. If an expenditure was made before April 7, 1972, for use of communications media after that date, the use and amount must be reported and charged against the candidate's limitation applicable to the election in which used. Report the date or dates of use as well as the amount paid, the payee and other required information on a separate Schedule C appropriately labeled. Do not include the amounts paid in the total expenditures amount for the reporting period. Only multicandidate committees (i.e., those supporting financially more than one candidate) need allocate AIGHM ЦИА GENIMSTI SCHEDATE C each expenditure on behalf of a candidate or candidates in the appropriate space. Committees supporting a single candidate need state only once that all expenditures are on behalf of that candidate. Part 6 includes telephone canvass expenditures which are chargeable to the statutory limitation as com- munications media expenses, namely, for the costs of telephones, paid telephonists, and automatic tele- phone equipment obtained for the specific purpose of communicating with potential voters. It does not include normal telephone costs of a candidate, his staff and his authorized committees for campaign pur- poses, which are reported separately with other expenditures under Part 9. Nor does it include costs incurred by an individual volunteer for use of a telephone by him. [Section 304 (b) (9).] Part 9. NON-COMMUNICATIONS MEDIA EXPENDITURES.-This is an account of all other expenditures over $100 made during this reporting period and not included in Parts 7, 8, or 10, itemized as to amount and date of expenditure and other data as indicated in the column headings. If an expenditure is for two or more purposes, specify the amount of expenditure allocable to each. In Part 9, the only other expenditures that need be allocated in the appropriate space are those of multi- candidate committees (i.e., those supporting financially more than one candidate) which are transfers of funds to a candidate or candidates or are specifically identifiable expenditures to or on behalf of a candidate or candidates. Committees supporting a single candidate need state so only once. The schedule includes normal telephone costs of a candidate, his staff and his authorized committees for general campaign purposes; it does not include telephone canvass expenditures which are chargeable to limitation as communications media expenses, as described in the above instructions to Part 6. [Section 304 (b) (9) U.S. GOVERNMENT PRINTING OFFICE 1972 0-461-030 hjucs (occuber) FORD Ean & GERALD DERAN 10 smsM He'l) bs&e ZESL) -YA9 DVLE SCHEDULE C ITEMIZED EXPENDITURES-COMMUNICATIONS AND NON-COMMUNICATIONS MEDIA Part No. (Full Name of Candidate or Committee) (Use for itemizing Part 6 or 9) SEE REVERSE SIDE FOR INSTRUCTIONS (Use separate page (s) for each numbered Part) ALLOCATE EXPENDITURES CHECK () BY CANDIDATE EXPENDI- (To be completed only by Committees TURE BY supporting more than one candidate) ELECTION DATE OF PAYEE PAY- (Recipient of Payment) AMOUNT MENT PURPOSE OF EXPENDITURE (month, Full Name, Mailing Address, (For communications media day, (occupation and principal expenditures, also specify Primary General Special Runoff Caucus or Convention OF Amount EXPENDITURE Full Name, Congressional of Expendi- THIS District (if applicable), ture This year) place of business, if any) date(s) of use) PERIOD State, and Party Period of Vino GERALD to FORD mejage or LIBRARY pe IT TOTAL THIS PERIOD Page (Last page of this Part only) INSTRUCTIONS FOR PREPARING SCHEDULE D (See Appropriate Supervisory Officer's Manual for Additional Regulations and Instructions) Use this form to itemize Expenditures for Part 7, 8 or 10. Do not itemize more than one Part on a page. This form may be duplicated or the information may be itemized on computer printouts or any 81/2 X 11" paper providing only the information required in the same format. This Schedule is to be used to ITEMIZE ONLY THE EXPENDITURES AS SPECIFIED BELOW FOR EACH PART. The "Total This Period" amount for each itemized Part is to be carried forward to the corresponding Part of the Summary Report. When applicable, the total of all other expenditures NOT REQUIRED TO BE ITEMIZED UNDER A GIVEN PART is to be entered as a lump sum on the "UNITEMIZED" line of the appropriate Part of the Summary Report. Part 7. ITEMIZED EXPENDITURES FOR PERSONAL SERVICES, SALARIES, AND RE- IMBURSED EXPENSES.-This is an account of expenditures by the committee or candidate for personal services, salaries and reimbursed expenses over $100 during the reporting period. Give the date, full name and mailing address (occupation and the principal place of business, if any) of the recipient, and purpose of each such expenditure. List the amount of the expenditure in the "Amount of Expenditure This Period" column. [Section 304 (b) (11).] Part 8. ITEMIZED LOANS MADE.-This is an account of loans made by the committee or candi- date during this reporting period in excess of $100. Give the date, full name and mailing address (occupa- tion and principal place of business, if any) of each person or committee to whom a loan was made. List the amount of the loan in the "Amount of Expenditure This Period" column. [Section 304 (b) (5).] Part 10. ITEMIZED TRANSFERS OUT TO POLITICAL COMMITTEES AND CANDIDATES.- This is an itemized account giving the date, full name and mailing address of each political committee or candidate to whom any transfer of funds was made within this reporting period in any amount. List the amount of the transfer in the "Amount of Expenditure This Period" column. [Section 304 (b) (4). U.S. GOVERNMENT PRINTING OFFICE 1972 0-461-032 GERALD LERRANT P. FORD SCHEDULE D ITEMIZED EXPENDITURES-PERSONAL SERVICES, LOANS, AND TRANSFERS Part No. (Full Name of Candidate or Committee) (Use for itemizing Part 7, 8, or 10) SEE REVERSE SIDE FOR INSTRUCTIONS (Use separate page (s) for each numbered Part) Date (month, Full Name, Mailing Address, and ZIP Code Amount of day, year) (occupation and principal place of business, if any) Expenditure This Period a HOR bas anoitalinged IsnoitibbA not IsunaM staliquiqqA B no эло nadi этот eximati Joa oa 01 TO 8 3 here TOY assudibneqx3 eximett of mot "II X (IIS TO alpoining reduques по besimeti ed yam noitamrotai edd TO betsollqub $0 Jammol smsa edit at berthper words 8A SHT YJNO EXIMATI w been 90 OJ of betreen ad of at Ma9 boxtmedi doss TOY Javoms "boire9 sidT IsjoT" тои asmitibueque 19110 He to Intol odt eldaoilqqa odd to edit no mus quml S 88 benefits ed of at ТЛАЧ MAVIO A CENIMETI 38 oT odd to risq sishiqoiqqe add to -3Я ОИА SHIRAJAB JANOBRER S [апоатеq rot stabibaso TO edd vd to DE al email Hut stab edit gviD boring gaidroqer edd gatwb 0012 19V0 asaneque bestudmier brta actives bas gritt lo (vis It assistand to sosiq laqioning 9dd has acitaqueso) seotbbs guilliam brus bolie9 to InformA 9.98 to to -Ibrias TO settimmos vd obam ansol to as ai aldT-.HOAM 8 -squeso) assubbs guilliam has 9msh limit svid .0018 to 8890X9 of boling THE .ebam w assimimos повтед doss soald [.(a) "boine9 sidT to JunomA" add at 983 to Invonte СИА JAOITLIO9 oT TUO анзчаилят 01 had TO 00 Issitiloq riose to saembba gailiam bris Hut ,stab goiving bestmeti as ei odd 8 belvey gaitroqes [.() "borre" 10 JacomA" to FORD R. LIBRARY RALL TOTAL THIS PERIOD (Last page of this Part only) Page SCHEDULE E DEBTS AND OBLIGATIONS Part No. (Full Name of Committee) (Use for itemizing Part 11 or 12) SEE REVERSE SIDE FOR INSTRUCTIONS (Use separate page (s) for each numbered Part) Date Incurred Full Name, Mailing Address, and ZIP Code Amount of Cumulative Outstanding (month, day, (occupation and principal place of business, if any) Original Debt, Payment Balance year) Contract, Agree- To Date at Close ment, or Promise of This Period FORD TOTALS THIS PERIOD * (Last page of this Part only) ALD *Carry outstanding balance only Page to appropriate part of summary. INSTRUCTIONS FOR PREPARING SCHEDULE E (See Appropriate Supervisory Officer's Manual for Additional Regulations and Instructions) Use this form to itemize Debts and Obligations Owed by or to the Committee for Part 11 or 12. Do not itemize more than one Part on a page. This form may be duplicated or the information may be itemized on computer printouts or any 8½ x 11" paper providing only the information required in the same format. Obligations as used in these instructions mean contracts, agreements, and promises. Part 11. DEBTS AND OBLIGATIONS OWED TO THE COMMITTEE.-This is an itemized account of debts and obligations owed to the reporting committee at the close of the reporting period. Give the full name and mailing address (occupation and the principal place of business, if any) of each debtor, together with the amount, date, nature of each transaction, cumulative payment (s) received to date, and the out- standing balance at the close of the reporting period. These debts and obligations shall continue to be reported on each subsequent report until extinguished. [Section 304 (b) (12).] Part 12. DEBTS AND OBLIGATIONS OWED BY THE COMMITTEE.-This is an itemized account of debts and obligations owed by the reporting committee at the close of the reported period. Give the full name and mailing address (occupation and the principal place of business, if any) of each creditor, together with the amount, date, nature of each such transaction, cumulative payment (s) made to date, and the out- standing balance at the close of the reporting period. These debts and obligations shall continue to be reported on each subsequent report until extinguished. [Section 304 (b) (12).] U.S. GOVERNMENT PRINTING OFFICE 1972 0-461-033 GERALD R FORD 1973 FEDERAL ELECTION EXPENDITURE LIMITATIONS State and Voting Communi- Broad- congressional age cation casting district population media media limit limit COMPTROLLER GENERAL 125.3. As provided in section 104(a) (5) United States 139.172,000 14,988,824 8,993,205 Alabama 2,204,000 247,064 of the Act, the Secretary of Commerce 148,238 Alaska USE OF COMMUNICATIONS MEDIA 194,000 53,850 32,310 has certified to the Comptroller General Arizona 1,262,000 135,917 81,550 Arkansas 1,326,000 1973 Federal Election Expenditure and published in the FEDERAL REGISTER 2 142,810 85,686 California 13,910,000 1,498,107 808.864 Limitations the "Estimate of Voting Age Population" Colorado 1,560,000 168.012 100,S07 Connecticut Title I of the Federal Election Cam- of each State, the District of Columbia, 2,083,000 224,339 134,603 Delaware 369,000 53,850 32,310 Guam, Puerto Rico, and the Virgin District of paign Act of 1971 (Public Law 92-225) Islands, and of each congressional dis- Columbia 527,000 56,758 34,055 imposes a spending limitation on candi- Florida 5,087,000 547,870 trict on July 1, 1972. The estimate shows 328,722 dates for Federal elective office (Presi- Georgia 3,067,000 330,316 198,190 that no congressional district has a vot- Hawaii 526,000 56,650 dent of the United States, Senator and 33,990 Idaho ing population in excess of 500,000, ex- 487,000 53,850 32,310 Representative in, or Resident Commis- Illinois 7,508,000 808,612 485,167 cept the District of Columbia and Puerto Indiana sioner or Delegate. to, the Congress of 3,477,000 374,473 224,684 Iowa Rico. 1,924,000 207,215 124.329 the United States) for campaign use of Kansas 1,538,000 165,643 99,386 communications media. Under the Act Under the statutory limitation form- Kentucky 2,191,000 235,971 141,582 ula, the communications media spending Louisiana 2,348,000 252,850 151,728 and the Regulations of the Comptroller Maine 683,000 73,559 General, 11 CFR Ch. 1, "communications limitation applicable to each congres- 44,135 Maryland 2,679,000 288,528 173,117 sional district for each election during Massachusetts 3,937,000 424,015 media" means radio, television, cable 254,409 Michigan 5,876,000 1973 (except the District of Columbia and 632.845 379.707 television, magazines, newspapers, bill- Minnesota 2,542,000 273,773 164,264 Puerto Rico) is $53,850, of which no more Mississippi 1,426,000 boards, display space in any public place 153.580 92,148 Missouri than $32,310 may be spent for the use of 3,223,000 347,117 208,270 of a type customarily leased to commer- Montana 468,000 53,850 32,310 broadcasting media. Nebraska cial advertisers, and telephones when 1,021,000 109,962 65,977 used to communicate with potential vot- On the basis of the certifications re- Nevada 347,000 53,850 32,310 New Hampshire 513,000 55.250 ceived from the Secretary of Labor and 33,150 New Jersey ers by general canvass methods. 4,986,000 536,992 322,195 the Secretary of Commerce, the spend- New Mexico 657,000 70,759 42,455 In accordance with section 104(a) (4) New York ing limitations applicable to each Federal 12,626,000 1,350,820 815,892 North Carolina 3,468,000 373.504 224,102 of the Act, the Secretary of Labor has election held during 1973 in each State North Dakota 411,000 53,850 32,310 Ohio and in the United States are set forth 7,130,000 certified to the Comptroller General and 767,901 460,741 Oklahoma 1,797,000 193,537 116,122 published in the FEDERAL REGISTER 1 that in Appendix A. Oregon 1,487,000 160,150 96,090 The voting age population estimates Pennsylvania 8,174,000 880,340 528,201 the U.S. City Average All Items Con- Rhode Island 668,000 71,914 43,166 for Guam, Puerto-Rico, and the Virgin South Carolina sumer Price Index (1967=100) increases 1,719,000 185,136 111,082 Islands are not included in the total for South Dakota 444,000 53,850 32,310 7.7 percent from its 1970 annual average Tennessee the United States since their residents 2,710,000 201,867 175,130 Texas 7,614,000 820,028 492,017 of 16.3 to its 1972 annual average of do not vote in presidential elections. Utah 690,000 74,313 44,588 Vermont 304,000 53,850 32,310 [SEAL] ELMER B. STAATS, Virginia 3,182,000 342,701 205,621 1 38 FR 4443, February 14, 1973. Comptroller General Washington 2,310,000 248,787 149,272 West Virginia 1,209,000 130,209 78,126 of the United States. Wisconsin 2,965,000 319,331 191,598 Wyoming 226,000 53,850 32,310 Guam 45,000 53,850 32,310 2 38 FR 18476, July 11, 1973. Puerto Rico 1,619,000 174,366 104,620 GERALD Virgin Islands 42,000 53,850 32,310 R [FR Doc. 73-15248 Filed 7-25-73;8:4 am] FORD FEDERAL REGISTER, VOL. 38, NO. 143-THURSDAY, JULY 26, 1973 LIBRARY INTERSTATE COMMERCE AND POLITICAL CAMPAIGNS-ICC PROPOSALS TO PROHIBIT THE EXTENSION OF CREDIT WITHOUT SECURITY PROPOSED RULEMAKING [Federal Register, Vol. 37, No. 50, Tuesday, Mar. 14, 1972] INTERSTATE COMMERCE this notice will most efficiently and ex- PROCEDURAL MATTERS peditiously achieve the goals sought to COMMISSION be attained by the enactment of section While the above regulations currently 401, insofar as they relate to persons are scheduled to become effective On [ 49 CFR Part 1325 ] (including Amtrak) subject to the ju- May 5, 1972, interested. persons are risdiction of the Interstate Commerce hereby invited to submit written com- [Ex Parte 283; Public Law 92-225] Commission. Because of the diverse prob- ments on this proposed implementation CANDIDATES FOR FEDERAL OFFICE lems presented to these three agencies of Public Law 92-225, in the manner set OR THEIR REPRESENTATIVES by the enactment of Public Law 92-225, forth below. Oral hearings do not appear uniform regulations appear to be neither to be necessary at this time and none is Proposed Extension of Credit Without practicable nor administratively desir- contemplated. Anyone wishing to present Security able. their views and evidence either in sup- IMPLEMENTATION At a general session of the Interstate port of, or in opposition to, the action Commerce Commission, held at its office It is hereby proposed that, in the ab- proposed in this order may do so by the in Washington, D.C., on the 8th day of sence of a further order of this Commis- submission of written data, views, or March 1972. sion modifying or amending such arguments. The filing date established Implementation of Public Law 92- regulations, the following regulations be below cannot be extended due to the re- 225, the Federal Election Campaign Act adopted and that Subchapter D of Chap- quirement in Public Law 92-225 that we of 1971. ter X of Title 49 of the Code of Federal promulgate our rules within 90 days. Section 401 of the Federal Election Regulations be amended effective May 5, It is ordered, That, based on the fore- Campaign Act of 1971 (Public Law 92- 1972, by adding a new Part 1325, reading going explanation, a proceeding be, and 225, enacted February 7, 1972) entitled as follows: it is hereby, instituted under the Inter- state Commerce Act and 5 U.S.C. 553 and "Extension of Credit by Regulated In- dustries," is concerned with the exten- PART 1325-EXTENSION OF CREDIT 559 (the Administrative Procedure Act), sion of credit, without security, to TO CANDIDATES FOR FEDERAL for the purpose* of implementing section candidates for Federal office by certain OFFICE OR THEIR REPRESENTA- 401 of the Federal Election Campaign regulated industries, including those sub- Act of 1971 (Public Law 92-225) and for TIVES ject to regulation by this Commission. In the purpose of taking such other and brief, section 401 requires this Commis- § 1325.1 Extension of unsecured credit further action as the facts and circum- sion, the Civil Aeronautics Board (CAB), prohibited. stances may justify or require. and the Federal Communications Com- It is further ordered, That no hear- Persons subject to regulation by the mission (FCC) each to promulgate, ings be scheduled for the receiving of Interstate Commerce Commission shall within 90 days after the date of the oral testimony unless a need therefor not knowingly and willfully provide, for statute's enactment, its own regulations should later appear, but anyone inter- candidates for Federal office or their rep- ested in making representations in favor with respect to the extension of credit, resentatives, service or goods related to of, or against, the considered regulations without security, by any person regu- their campaign without obtaining either is hereby invited to do so by the sub- lated by those agencies to any candidate prepayment or a binding guarantee of mission of written data, views, or argu- for Federal office¹ or to any person on payment through a sufficient deposit, ments, shall be filed with the Commis- bond, collateral, or other means of se- behalf of such a candidate, for goods sion on or before April 3, 1972. All such curity. The extension of credit to such statements will be considered as evi- furnished or services rendered in con- persons shall not exceed the amount of dence and as a part of the record in the nection with the campaign of such can- the security posted. proceeding. Written material or sugges- didate for nomination for election, or § 1325.2 Credit agreements. tions submitted will be available for pub- election, to such office. The section does not apply to services or goods that are (a) All agreements to extend credit to lic inspection at the offices of the candidates for Federal office or their Interstate Commerce Commission, 12th purchased by a candidate or his repre- and Constitution, Washington, D.C., dur- sentative for matters unrelated to his representatives by persons subject to regulation by the Interstate Commerce ing regular business hours. campaign. Regulations to implement the It is further ordered, That in the ab- new statute, however, must be promul- Commission, (1) must be in writing, (2) sence of a further order of this Commis- gated by each of the involved regulatory must contain a detailed description of sion modifying or amending the regula- agencies prior to May 7, 1972. the deposit, bond, collateral, or other tions described above, said regulations To achieve a desirable degree of uni- means of security, used to secure pay- shall become effective on May 5, 1972. formity in the implementation of Public ment of the debt, and (3) must be signed And it is further ordered, That notice Law 92-225, this Commission has at- by all parties to the agreement. A copy to the general public of the matter here- tempted to coordinate its efforts in this of each such agreement must be filed in under consideration will be given by area with those of the CAB and FCC. with this Commission's Bureau of Opera- depositing a copy of this notice in the Following meetings by representatives of Office of the Secretary of the Commis- the three involved agencies, it is be- tions in Washington, D.C., within 20 days sion for public inspection and by filing lieved that the regulations proposed in of the date of its execution. a copy thereof with the Director, Office of the Federal Register, for publication § 1325.3 Federal office. in the FEDERAL REGISTER as notice to all For the purposes of this section, "Fed- interested persons. 1 "Federal office" is defined in section eral office" means the office of President By the Commission. 301 (c) of the statute as meaning the office or Vice President of the United States; of President or Vice President of the United or of Senator or Representative in, or [SEAL] ROBERT L. OSWALD, States; or of Senator or Representative in, or Delegate or Resident Commissioner to, Delegate or Resident Commissioner to, Secretary the Congress of the United States. the Congress of the United States. (FR Doc.72-3839 Filed 3-13-72;8:52 am] POLITICAL CAMPAIGN CREDIT-FCC PROPOSED REGULATION COVERING EXTENSION OF CREDIT TO CANDIDATES FOR FEDERAL OFFICE PROPOSED RULE MAKING [Federal Register, Vol. 37, No. 57, Pt. I, Thursday, Mar. 23, 1972] FEDERAL COMMUNICATIONS the carriers we conclude that inadequate 7. This notice of-proposed rule making credit practices and procedures, laxity is issued under authority of sections 4(i), COMMISSION in the administration of the carriers' 202(a), 203, 218, and 219 of then current credit practices and pro- the Communications Act of 1934, as [ 47 CFR Part 64 ] cedures, failure to monitor the candi- amended, and section 401 of the Federal dates' accounts, delays in billing and lack Election Campaign Act of 1971. [Docket No. 19476; FCC 72-242] of appropriate collection efforts were 8. Pursuant to applicable procedures CANDIDATES FOR FEDERAL OFFICE among the major factors contributing to set forth in § 1.415 of the Commission's the unpaid balances accrued during the rules, interested persons may file com- Extension of Credit for Campaign 1968 political campaign. ments on or before April 7, 1972. No pro- Services 4. The major carriers have revised their vision is being made for reply comments credit, billing, and collection practices in view of the need for early decision In the matter of amendment of Part and procedures since 1968 and we would herein. All relevant and timely com- 64 of the rules to provide for regulations expect that adherence to these revised ments will be considered by the Commis- covering the extension of credit to can- practices and procedures would help to sion before final action is taken in this didates, or to other persons on behalf prevent a recurrence of the unpaid bal- proceeding. In reaching its decision in of candidates, for Federal office; Docket ances that occurred during the 1968 this proceeding, the Commission may No. 19476. campaign. Nevertheless, we are of the also take into account other relevant in- 1. Notice of proposed rule making in view that the rules we propose herein formation before it, in addition to the the above-entitled matter is hereby will act as additional safeguards against specific comments invited by this notice. given. a repetition of the 1968 experience and Comments in response to this notice will 2. Section 401 of the Federal Election will assure equality of treatment among be available for inspection in the Com- Campaign Act of 1971 (Campaign Act)1 qualified candidates. mission's Broadcast and Dockets Ref- requires the Commission, within 90 days erence Room. 5. Our tentative view is, as previously after the enactment of such Act, to pro- stated, that we should not adopt rules 9. In accordance with the provisions mulgate regulations with respect to the that would flatly forbid the carriers to of § 1.419 of the Commission's rules and extension of unsecured credit by any provide unsecured credit to candidates or regulations, an original and fourteen regulated person to any candidate for persons in behalf of candidates. This copies of all statements or briefs shall Federal office (as such term is defined in view is reflected in the attached proposed be furnished to the Commission. section 301 (c) of the Federal Election rules wherein we propose to leave to the Adopted: March 15, 1972. Campaign Act of 1971) or to any person carrier the decision of whether to extend on behalf of such candidate for services unsecured credit to a candidate or person Released: March 17, 1972. rendered for use in connection with a in his behalf. However, we will give con- FEDERAL COMMUNICATIONS political campaign. The 90 days expires sideration to the adoption of a rule that COMMISSION,2 on May 7, 1972. would forbid the extension of any credit [SEAL] BEN F. WAPLE, 3. The regulations that we are pro- to such persons and we would welcome Secretary. posing herein are based upon the as- comments addressed to the merits of such alternative. We believe that, if the Part 64 of Chapter I of Title 47 of the sumption that it was not the intent of Congress to prohibit completely the ex- carrier is permitted to extend unsecured Code of Federal Regulations is amended tension of credit without security to credit to one candidate or person in his by adding a new Subpart H to read as follows: candidates for Federal office. On the behalf, then unsecured credit should also other hand, particularly in view of the be extended on substantially equal terms Subpart H-Extension of Unsecured data on the substantial outstanding bal- and conditions to all candidates and per- Credit for Interstate and Foreign ances still remaining on 1968 campaign sons on their behalf for the same office accounts, which data were available to commensurate with the expected amount Communication Services to Candi- Congress, there was evident congres- of service to be furnished. Thus, for ex- dates for Federal Office sional concern that more needed to be ample, if the carrier decides to require § 64.801 Purpose. done to prevent such unpaid accounts in an advance cash deposit of Candidate A future Federal political campaigns. Based for a Federal office that covers only 50 Pursuant to sec. 401 of the Federal percent of the estimated bill for his serv- Election Campaign Act of 1971, Public on information we have obtained from ice for a future 2-month period, the car Law 92-225, these rules prescribe the rier shall also require all other candidates general terms and conditions for the 1 "SEC. 401. The Civil Aeronautics Board, for the same office, and all other persons extension of unsecured credit by a the Federal Communications, and the Inter- in behalf of all candidates for such office communication common carrier to a state Commerce Commission shall each pro- to deposit cash to cover 50 percent of candidate or person on behalf of such mulgate, within 90 days after the date of the estimated 2-month bills for their candidate for Federal office. enactment of this Act, its own regulations with respect to the extension of credit, with- services. § 64.802 Applicability. out security, by any person regulated by 6. The proposed amendment of Part 64 These rules shall apply to each com- such Board or Commission to any candidate of the Commission's rules designed to munication common carrier subject to for Federal office (as such term is defined carry out the aforementioned objectives in section 301(c) of the Federal Election the whole or part of the Communications is set forth below. The Commission pro- Campaign Act of 1971). or to any person on Act of 1934. poses to make any rule amendments behalf of such a candidate, for goods fur- nished or services rendered in connection adopted as a result of this proceeding with the campaign of such candidate for effective immediately upon the issuance 2 Commissioners Johnson and H. Rex Lee nomination for election, or election, to such of a final order with respect to this not participating; Commissioner Wiley con- office." docket. curring in the result. GERALD § 64.803 Definitions. dates for the same office, with due re- and foreign communication services For the purposes of this subpart: gard for differences in the estimated rendered to a candidate or person on be- quantity of service to be furnished each half of such candidate prior to the ex- (a) The terms "election," "candidate," such candidate or person. piration of the statute of limitations "Federal office," and "person" have the (c) Before extending unsecured credit, under sec. 415(a) of the Communications same meaning as such terms have under a carrier shall obtain a signed written Act of 1934, as amended. section 301 of the Federal Election Cam- application for service which shall (f) The records of each account for paign Act of 1971. identify the applicant and the candidate services rendered to a candidate or per- (b) "Unsecured credit" means the and state whether or not the candidate son on behalf of such candidate shall be furnishing of service without advance assumes responsibility for the charges, maintained by the carrier so as to show payment, deposit, or other security, on and which shall also expressly state as separately, for interstate and foreign a continuing basis, that is designed to follows: communication services all charges, assure payment of the estimated amount (1) That service is being requested by credits, adjustments, and security and of service for each future 2-month the applicant or applicants and that the balance receivable. period. person or persons making the applica- (g) On or before January 31 of each § 64.804 Rules governing the extension tion will be individually, jointly and year, and at the close of each subsequent of unsecured credit to candidates for severally liable for the payment of all quarterly period thereafter, each carrier Federal office for interstate and for- charges; and shall file with the Commission a report eign common carrier communication (2) That the applicant(s) under- by account of any amount due and un- services. stands that the carrier will (under the paid, as of the end of the month prior to (a) There is no obligation upon a car- provisions of paragraph (d) of this sec- the reporting date, for interstate and for- rier to extend unsecured credit for inter- tion) discontinue service upon written eign communication services rendered to state and foreign communication serv- notice if any amount due is not paid a candidate or person on behalf of such upon demand. ices to a candidate or person on behalf candidate. This report shall include the of such candidate for Federal office. How- (d) If charges for services rendered following information: ever, if the carrier chooses to extend such are not paid to the carrier within 30 days (1) Name of candidate. unsecured credit, it shall comply with from rendition of a bill therefor, the (2) Name and address of person or the requirements set forth in paragraphs carrier shall forthwith serve written no- persons applying for service. (b) through (g) of this section. tice on applicant of intent to discontinue (3) Balance due carrier. (b) If a carrier decides to extend un- service within 10 days of date of such (4) Reason for nonpayment. secured credit to any candidate for Fed- notice for nonpayment and shall discon- (5) Payment arrangements, if any. eral office or any person on behalf of tinue service unless all such sums due (6) Date service discontinued. such candidate, then unsecured credit are paid in full within such 10-day (7) Date, nature, and status of any shall be extended on substantially equal period. action taken at law in compliance with terms and conditions to all candidates (e) Each carrier shall take appropri- paragraph (e) of this section. and all persons on behalf of all candi- ate action at law to collect any unpaid [FR Doc. 72-4433 Filed 3-22-72;8:52 am] balance on an account for interstate FORD LIERARY COMPTROLLER GENERAL OF THE UNITED STATES U.S. GENERAL ACCOUNTING OFFICE Washington, D.C. REPORT OF RECEIPTS AND EXPENDITURES FOR A COMMITTEE SUPPORTING ANY CANDIDATE (S) FOR NOMINATION OR ELECTION TO THE OFFICE OF PRESIDENT OR VICE PRESIDENT OF THE UNITED STATES Identification Number (Full Name of Committee) (Street) State (If Primary, Convention, or Caucus) (City, State, ZIP code) TYPE OF REPORT (Check Appropriate Box and Complete, if Applicable) March 10 report. June 10 report. September 10 report. January 31 report. Fifteenth day report preceding election on (Primary, general, caucus, or convention) (Date) Fifth day report preceding election on (Primary, general, caucus, or convention) (Date) Termination report. VERIFICATION BY OATH OR AFFIRMATION State of SS. County of I, , being duly sworn, depose (affirm) and say (Full Name of Treasurer of Committee) that this Report of Receipts and Expenditures is complete, true, and correct. (Signature of Treasurer of Committee) Subscribed and sworn to (affirmed) before me this day of , A.D. 19 (Notary Public) [SEAL] My commission expires , 19 RETURN COMPLETED REPORT AND ATTACHMENTS TO: Office of Federal Elections THARY U.S. General Accounting Office 441 G Street, N.W. Washington, D.C. 20548 GERALD COMP. GEN. ELECTION FORM 3 Name of Committee SUMMARY REPORT COVERING PERIOD FROM THRU Column B- Column A- Calendar year This period to date SECTION A-RECEIPTS: Part 1. Individual contributions: a. Itemized (use schedule A*) $ b. Unitemized $ Total individual contributions $ $ Part 2. Sales and collections: Itemize (use schedule B*) $ $ Part 3. Loans received: a. Itemized (use schedule A*) $ b. Unitemized $ Total loans received $ $ Part 4. Other receipts (refunds, rebates, interest, etc.) a. Itemized (use schedule A*) s b. Unitemized $ Total other receipts $ $ Part 5. Transfers in: Itemize all (use schedule A*) $ $ TOTAL RECEIPTS $ $ SECTION B-EXPENDITURES: Part 6. Communications media expenditures: Itemize all (use schedule (*) $ $ Part 7. Expenditures for personal services, salaries, and reimbursed expenses: a. Itemized (use schedule D*) $ b. Unitemized $ Total expenditures for personal services, salaries, and reimbursed expenses $ $ Part 8. Loans made: a. Itemized (use schedule D*) $ b. Unitemized $ Total loans made $ $ Part 9. Other expenditures: a. Itemized (use schedule C*) $ b. Unitemized $ Total other expenditures $ $ Part 10. Transfers out: Itemize all (use schedule D*) $ $ TOTAL EXPENDITURES $ $ SECTION C-CASH BALANCES: Cash on hand at beginning of reporting period $ Add total receipts (section A above) $ Subtotal $ Subtract total expenditures (section B above) $ Cash on hand at close of reporting period $ SECTION D-DEBTS AND OBLIGATIONS: Part 11. Debts and obligations owed to the committee (use schedule E*): $ Part 12. Debts and obligations owed by the committee (use schedule E*) $ *Schedules are to be used only when itemization is required. (See each Schedule for instructions.) When itemization is unnecessary for & given Part, the total of any amounts for that Part is to be entered as a lump sum on the "Unitemized" line of the appropriate Part of the Summary Report. The word "None" should be entered on any line of the Summary Report when no amount is being reported. GENERAL INFORMATION (In accordance with the provisions of the Federal Election Campaign Act of 1971, P.L. 92-225) SEE APPROPRIATE SUPERVISORY OFFICER'S MANUAL FOR ADDITIONAL REGULATIONS AND INSTRUCTIONS A. Each treasurer of a political committee supporting a candidate or candidates for election to the office of President or Vice President of the United States shall file with the Comptroller General of the United States periodic reports of receipts and expenditures on the tenth day of March, June and September and by the thirty-first day of January in each year, and shall file preelection reports on the fifteenth and fifth days next preceding the date on which the election is held. All of the periodic reports shall be complete as of the close of the next preceding month and the preelection reports shall be complete as of midnight of the seventh day next preceding the filing date. Any contribution of $5,000 or more (including a transfer of funds from a candidate or committee) which is received after the closing date prescribed for books for the last report prior to an election shall be separately reported within 48 hours after its receipt. Such contribution shall be reported to the Comptroller General by telegraph or hand delivered letter and shall be declared in the next report due under the Act. (Sec. 304.) B. The Reports of Receipts and Expenditures shall be cumulative during the calendar year to which they relate, but where there has been no change in an item reported in a previous report during such year, only the amount need be carried forward. If no contributions or expenditures have been accepted or expended during a calendar year, the treasurer of the political committee shall file a statement to that effect. (Sec. 304.) C. A copy of the Report of Receipts and Expenditures shall be preserved by the treasurer of the political committee or other person filing under section 305 of the Act for a period of four (4) years. D. Any correction of information previously submitted in a Report of Receipts and Expenditures shall be reported to the Comptroller General within ten (10) days following discovery of the error. Such amendment to the Report of Receipts and Expenditures shall contain the date, identity of the committee, and the corrections appropriately identified, and shall be verified by the oath or affirmation of the person filing such information, taken before any officer authorized to administer oaths. E. Every person (other than a political committee) who makes contributions or expenditures in support of a candidate for the office of President or Vice President, other than by contribution to a political committee or candidate, in an aggregate amount in excess of $100 within a calendar year shall file with the Comptroller General a report containing the information required by section 304 of the Federal Election Campaign Act of 1971. This form may be used for such purpose. Reports required by this section shall be filed on the dates on which reports by political committees are filed, but need not be cumula- tive. (Sec. 305.) DEFINITIONS FOR USE WITH THIS FORM "candidate" means: an individual who seeks nomination for election, or election, to Federal office, whether or not such individual is elected, and, for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election, if he has (1) taken the action necessary under the law of a State to qualify himself for nomination for election, or election, to Federal office, or (2) received contributions or made expenditures, or has given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to such office; "contribution" means: (1) a gift, subscription, loan, advance, or deposit of money or anything of value, made for the purpose of influencing the nomination for election, or election, of any person to Federal office or as a presidential or vice- presidential elector, or for the purpose of influencing the result of a primary held for the selection of delegates to a national nominating convention of a political party or for the expression of a preference for the nomination of persons for election to the office of President, or for the purpose of influencing the election of delegates to a constitutional convention for pro- posing amendments to the Constitution of the United States; (2) a contract, promise, or agreement, whether or not legally enforceable, to make a contribution for any such purpose; (3) a transfer of funds between political committees; (4) the payment, by any person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to such candidate or committee without charge for any such purpose; and (5) notwithstanding the foregoing meanings of "contribution", the word shall not be construed to include services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate or political committee; "election" means: (1) a general, special, primary, or runoff election, (2) a convention or caucus of a political party held to nominate a candidate, (3) a primary election held for the selection of delegates to a national nominating convention of a political party, (4) a primary election held for the expression of a preference for the nomination of persons for election to the office of President, and (5) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States; "expenditure" means: (1) a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made for the purpose of influencing the nomination for election, or election, of any person to Federal office, or as a presidential or vice-presidential elector, or for the purpose of influencing the result of a primary held for the selection of delegates to a national nominating convention of a political party or for the expression of a preference for the nomination of persons for election to the office of President, or for the purpose of influencing the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States; (2) a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure, and (3) a transfer of funds between political committees; "Federal office" means: the office of President or Vice President of the United States; or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States; "file", "filed", and "filing" mean: delivery to the Comptroller General of the United States, Washington, D.C., by mid- night of the prescribed filing date, or deposit as certified air mail, in an established U.S. Post Office, postage prepaid, no later than midnight of the second day next preceding the filing date. Certified mail receipt shall be retained as evidence of mailing. Documents deposited within 500 miles from Washington, D.C. need not be sent by air mail but shall be certified. In the event the mailing deadline falls on a day in which no mail is certified, the next preceding day on which mail is certified shall be deemed the mailing date; "person" means: an individual, partnership, committee, association, corporation, labor organization, and any other organization or group of persons; "political committee" means: any committee, association, or organization which accepts contributions or makes expendi- tures during a calendar year in an aggregate amount exceeding $1,000; "State" means: each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; and "supervisory officer" means: the Secretary of the Senate with respect to candidates for Senator; the Clerk of the House of Representatives with respect to candidates for Representative in, or Delegate or Resident Commissioner to, the Congress of the United States; and the Comptroller General of the United States in any other case. EXTRACTS FROM THE FEDERAL ELECTION CAMPAIGN ACT OF 1971 SEC. 304. (a) Each treasurer of a political committee supporting a candidate or candidates for elec- tion to Federal office, and each candidate for election to such office, shall file with the appropriate super- visory officer reports of receipts and expenditures on forms to be prescribed or approved by him. Such reports shall be filed on the tenth day of March, June, and September, in each year, and on the fifteenth and fifth days next preceding the date on which an election is held, and also by the thirty-first day of January. Such reports shall be complete as of such date as the supervisory officer may prescribe, which shall not be less than five days before the date of filing, except that any contribution of $5,000 or more received after the last report is filed prior to the election shall be reported within forty-eight hours after its receipt. (b) Each report under this section shall disclose- (1) the amount of cash on hand at the beginning of the reporting period; (2) the full name and mailing address (occupation and the principal place of business, if any) of each person who has made one or more contributions to or for such committee or candidate (including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fund- raising events) within the calendar year in an aggregate amount or value in excess of $100, together with the amount and date of such contributions; (3) the total sum of individual contributions made to or for such committee or candidate during the reporting period and not reported under paragraph (2) (4) the name and address of each political committee or candidate from which the reporting committee or the candidate received, or to which that committee or candidate made, any transfer of funds, together with the amounts and dates of all transfers; (5) each loan to or from any person within the calendar year in an aggregate amount or value in excess of $100, together with the full names and mailing addresses (occupations and the principal places of business, if any) of the lender and endorsers, if any, and the date and amount of such loans; (6) the total amount of proceeds from (A) the sale of tickets to each dinner, luncheon, rally, and other fundraising event; (B) mass collections made at such events; and (C) sales of items such as political campaign pins, buttons, badges, flags, emblems, hats, banners, literature, and similar materials; (7) each contribution, rebate, refund, or other receipt in excess of $100 not otherwise listed under paragraphs (2) through (6) ; (8) the total sum of all receipts by or for such committee or candidate during the reporting period; (9) the full name and mailing address (occupation and the principal place of business, if any) of each person to whom expenditures have been made by such committee or on behalf of such com- mittee or candidate within the calendar year in an aggregate amount or value in excess of $100, the amount, date, and purpose of each such expenditure and the name and address of, and office sought by, each candidate on whose behalf such expenditure was made; (10) the full name and mailing address (occupation and the principal place of business, if any) of each person to whom an expenditure for personal services, salaries, and reimbursed expenses in excess of $100 has been made, and which is not otherwise reported, including the amount, date, and purpose of such expenditure; (11) the total sum of expenditures made by such committee or candidate during the calendar year; (12) the amount and nature of debts and obligations owed by or to the committee, in such form as the supervisory officer may prescribe and a continuous reporting of their debts and obligations after the election at such periods as the supervisory officer may require until such debts and obliga- tions are extinguished; and (13) such other information as shall be required by the supervisory officer. (c) The reports required to be filed by subsection (a) shall be cumulative during the calendar year to which they relate, but where there has been no change in an item reported in a previous report during such year, only the amount need be carried forward. If no contributions or expenditures have been accepted or expended during a calendar year, the treasurer of the political committee or candidate shall file a state- ment to that effect. SEC. 306. (a) A report or statement required by this title to be filed by a treasurer of a political com- mittee, a candidate, or by any other person, shall be verified by the oath or affirmation of the person filing such report or statement, taken before any officer authorized to administer oaths. SEC. 309. (a) A copy of each statement required to be filed with a supervisory officer by this title shall be filed with the Secretary of State (or, if there is no office of Secretary of State, the equivalent State officer) of the appropriate State. For purposes of this subsection, the term "appropriate State" means— (1) for reports relating to expenditures and contributions in connection with the campaign for nomination for election, or election, of a candidate to the office of President or Vice President of the United States, each State in which an expenditure is made by him or on his behalf, and (2) for reports relating to expenditures and contributions in connection with the campaign for nomination for election, or election, of a candidate to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States, the State in which he seeks election. U.S. GOVERNMENT PRINTING OFFICE 1972 0-461-034 SCHEDULE A ITEMIZED RECEIPTS-CONTRIBUTIONS, TICKET PURCHASES, LOANS, AND TRANSFERS Part No. (Full Name of Candidate or Committee) (Use for itemizing Part 1, 2, 3, 4, or 5) SEE REVERSE SIDE FOR INSTRUCTIONS (Use separate page (s) for each numbered Part) Date (month, Full Name, Mailing Address, and ZIP Code Amount of Receipt day, year) (occupation and principal place of business, if any) Aggregate Year-to-date This Period (complete if applicable) Aggregate Year-to-date lo $ (8) to Hada Injot Tubnelso Aggregate Year-to-date al 8 $ (S) (d) ВЯЗИИТА 8A in But invoice beximeti Aggregate Year-to-date повтор dose to to $ of TO to to ni benefits Hiw borreq to Aggregate Year-to-date ed Hade 1891 $ only nt RB bestmeti Hada 988dswq Insupoedne (S) ed bluona "borre" .8 Aggregate Year-to-date .8 NJ S $ bns sman Unit griving besimeti S to bas does to (vns Il to easiq laqioaing bas mi 9TH (eisgetyze) of ansol TO 0018 to ni beneine Hiw gaiwb Aggregate Year-to-date $ ni Hade Istat tadt .0018 abesoze 1897 ni 189 ₹ unbasiso add ni bevieess at (8)mol insupeadua ni befreen Intol sill ni hebulant but avods 86 beximeti Hada [.(d) Aggregate Year-to-date $ s ,I ton (vis to laqioairq bits noitaqueso) na mi al Hiw (a) Aggregate Year-to-date $ Isoitiloq rlose 10 gniliam Aggregate Year-to-date $ TOTAL THIS PERIOD (Last page of this Part only) Page INSTRUCTIONS FOR PREPARING SCHEDULE A (See Appropriate Supervisory Officer's Manual for Additional Regulations and Instructions) Use this form to itemize Receipts for Part 1, 3, 4, or 5 and in conjunction with Schedule B for Part 2. Do not itemize more than one Part on a page. This form may be duplicated or the information may be itemized on computer printouts or any 81/2 X 11" paper providing only the information required in the same format. This Schedule is to be used to ITEMIZE ONLY THE RECEIPTS AS SPECIFIED BELOW FOR EACH PART. The "Total This Period" amount for each itemized Part is to be carried forward to the corresponding Part of the Summary Report. When applicable, the total of all other receipts NOT REQUIRED TO BE ITEMIZED UNDER A GIVEN PART is to be entered as a lump sum on the "UNITEMIZED" line of the appropriate Part of the Summary Report. Part 1(a). ITEMIZED CONTRIBUTIONS.-This is an itemized account giving the date, full name and mailing address (occupation and principal place of business, if any) of each person who has made one or more contributions to or for the reporting committee or candidate during the reporting period in an amount in excess of $100 or whose total contributions to date (aggregate) during the calendar year are in excess of $100. Exclude from this part the purchase of tickets for events such as dinners, luncheons, rallies and similar fundraising events which are reported in Part 2. The actual amount of the contribution (s) received during this report- ing period will be entered in the "Amount of Receipt This Period" column. When the sum of a person's contribution(s) in this calendar year exceeds $100, that total shall be entered in the "Aggregate Year-to-Date" box. When a subsequent contribution(s is received in the calendar year from the same contributor, each such subsequent contribution shall be itemized as above and included in the total reported in the "Aggregate Year-to-Date" box. [Section 304 (b) (2).] Part 2. ITEMIZED TICKET PURCHASES FOR EVENTS SUCH AS DINNERS, LUNCHEONS, RALLIES AND SIMILAR FUNDRAISING EVENTS.-This is an itemized account giving the date, full name and mailing address (occupation and principal place of business, if any) of each person who has purchased one or more tickets for events such as dinners, luncheons, rallies and similar fundraising events during this reporting period in an amount in excess of $100 or whose total ticket purchases to date (aggregate) are in excess of $100. The actual amount of the ticket purchases during this period will be entered in the "Amount of Receipt This Period" column. When the sum of a person's ticket purchase(s) in this calendar year exceeds $100, that total shall be entered in the "Aggregate Year-to-Date" box. When a subsequent ticket purchase(s is received in the calendar year from the same contributor, each such subsequent ticket purchase shall be itemized as above and included in the total reported in the "Aggregate Year-to-Date" box. [Section 304 (b) (2).] This is an itemization only to support Schedule B. The "Total This Period" amount should not be carried forward to Schedule B or the Summary Report. Attach Part No. 2 of this Schedule to Schedule B. Part 3(a). ITEMIZED LOANS RECEIVED.-This is an itemized account giving the date, full name and mailing address (occupation and principal place of business, if any) of each lender and endorser of a loan(s) which has been received this reporting period in excess of $100 or whose total loans to date (aggregate) are in excess of $100. The actual amount of the loan(s) received during this reporting period will be entered in the "Amount of Receipt This Period" column. When the sum of a person's loan(s) in this calendar year exceeds $100, that total shall be entered in the "Aggregate Year-to-Date" box. When a subsequent loan(s) is received in the calendar year from the same contributor, each such subsequent loan shall be itemized as above and included in the total reported in the "Aggregate Year-to-Date" box. [Section (b) (5).] Part 4(a). ITEMIZED OTHER RECEIPTS.-This is an account of receipts in the form of a refund, return, rebate, interest, investment or other miscellaneous receipt not otherwise reported in Part 1, 2, 3, or 5. Give the date, full name and mailing address (occupation and principal place of business, if any) of each person from whom one or more such receipts have been received in this reporting period in an amount in excess of $100. The actual amount of the receipt during this reporting period will be entered in the "Amount of Receipt This Period" column. Do not use the "Aggregate Year-to-Date" box. [Section 304 (b) (7).] Part 5. ITEMIZED TRANSFERS IN FROM POLITICAL COMMITTEES AND CANDIDATES.- This is an itemized account giving the date, full name and mailing address of each political committee or candi- date from whom any transfer of funds has been received within this reporting period in any amount. The actual amount of the transfer(s) during this reporting period will be entered in the "Amount of Receipt This Period" column. Do not use the "Aggregate Year-to-Date" box. [Section 304 (b) (4).] U.S. GOVERNMENT PRINTING OFFICE 1972 0-461-027 OFFICE OF FEDERAL ELECTIONS PRESS RELEASES April 14, 1972 Announcement of 1972 limitation on spending for communications media by candidates for Federal Election. April 20, 1972 Appointment by Comptroller General of Phillip S. Hughes as Director of Office of Federal Elections. May 25, 1972 Summary of actions by Director, Office of Federal Elections to achieve better compliance by candi- dates and committees of the Federal Elections Campaign Act of 1971. June 5, 1972 Referral to Attorney General of apparent violation of Section 310 of Federal Election Campaign Act of 1971 prohibiting contributions in the name of another. June 28, 1972 Referral to Attorney General of apparent violation of Title I of Federal Election Campaign Act of 1971 by New York Times in publishing National Committee for Impeachment's advertisement without required statement. July 7, 1972 Referral to Attorney General of apparent violation of Section 303 of Federal Election Campaign Act of 1971 by National Committee for Impeachment for failing to register and report. August 26, 1972 Referral to Attorney General of eleven apparent and possible violations of record keeping and reporting requirements of Title III of Federal Election Campaign Act of 1971 arising from $25,000 Dahlberg-Andreus contribution, $89,000 in Mexican bank checks, and $350,000 cash fund. September 14, 1972 Announcement of warnings by Director, Office of Federal Elections to treasurers of about 250 political committees whose reports of receipts and expenditures due September 10, under Federal Election Campaign Act of 1971, haveenot been received. R FORD LIBRARY GERALD OFFICE OF FEDERAL ELECTIONS PRESS RELEASES (Continued) September 22, 1972 Release of a special study providing 25 recommendations for preventing difficulties facing county and local election officials on election day prepared by the Institute of Election Administration of the American University and National Scientific Corporation. October 6, 1972 Referral to Attorney General of a report on the financial operations of the McGovern for President - D.C. Committee and apparent violations by the Business and Professional Men and Women for McGovern of Sections 302(c) and 304(b) (2) of Federal Election Campaign Act of 1971, in reporting box office ticket sales for Madison Square Garden rally; by Americans Abroad for McGovern of 18 U.S.C. 613 prohibiting contributions from foreign nationals; by National Labor Committee to elect McGovern-Shriver of 18 U.S.C. 612 in publishing a political ad without proper committee identification. October 18, 1972 Announcement of notices issued to 1,247 political committees involved in the November 7 Presidential election that financial reports are due 15 and 5 days before the election. October 21, 1972 Release of an alphabetical list of contributors to Presidential candidates and committees supporting them containing 36,480 contributions received from April 7, 1972, through August 31, 1972. October 31, 1972 Release of a second report on the financial operations of McGovern for President - D.C. Committee and other related committees. November 1, 1972 Referral to Attorney General of apparent violations of 18 U.S.C. 610 prohibiting corporate contributions involving National Black Committee for the Re- election of the President; and 18 U.S.C. 613 - 2 - FORD OF LIBRARY GERALD OFFICE OF FEDERAL ELECTIONS PRESS RELEASES (Continued) prohibiting contributions from foreign nationals involving Finance Committee to Re-elect the President. January 18, 1973 Release of a third report on the financial operations of campaign committees which supported Senator George McGovern. February 5, 1973 Release of a study of election difficulties in seven selected jurisdictions in Ohio, Michigan, California and Oregon prepared by the Institute of Election Administration of The American University and National Scientific Corporation. February 13, 1973 Release of reports concerning contributions re- ceived during the last 12 days of the 1972 Presi- dential election campaign by The Finance Committee to Re-elect the President and McGovern for President, Inc. February 21, 1973 Release of report on the operations of the November Group and Guggenheim Productions. March 12, 1973 Referral to Attorney General of apparent violation of Section 302 and 304 of Federal Election Campaign Act of 1971 by Finance Committee to Re-elect the President in failing to record and report $200,000 in cash contributions from Robert L. Vesco. March 14, 1973 Referral to Attorney General of apparent violations of 18 U.S.C. 610, prohibiting corporate contribu- tions to the Utah Republican State Central Committee and Section 104(b) of Federal Election Campaign Act of 1971 by five newspapers for failing to obtain candidate certification. April 27, 1973 Referral to Attorney General of apparent violations of Section 302 and 304 of Federal Election Campaign Act of 1971 by Finance Committee to Re-elect the President in failing to maintain records and report cash on hand on April 7, 1972, as well as subsequent disbursements to Theodore F. Brill, Young Republican - 3 - FORD LIBRARY GERALD OFFICE OF FEDERAL ELECTIONS PRESS RELEASES (Continued) Organization; Robert Odle, Committee for Re- election of the President; and Phillip Joanou, Executive Director of November Group. May 3, 1973 Referral to the Attorney General of apparent violations of 18 U.S.C. 612 regarding failure to list names of persons or committees respon- sible for advertisement on May 17, 1972, in New York Times, financed by The Finance Committee to Re-elect the President. May 18, 1973 Referral to the Attorney General of apparent violationsof Sections 302(c) and (d) and 304(b) of Federal Election Campaign Act of 1971 by the Sanford Carolina Campaign Committee in reporting contributions not supported by any records, failing to itemize receipts over $100, double reporting of expenditures, and failing to itemize more than $19,000 in expenditures of over $100 each; and Sections 1001 and 1621 of 18 U.S.C. by the treasurer's knowingly sub- mitting false reports to a Federal Agency and knowingly using false documentation as support for committee expenditures. May 20, 1973 Referral to Attorney General of apparent violations of Sections 304 and 305 of Federal Election Campaign Act of 1971 by the Finance Committee to Re-elect the President involving unreported post April 7, 1972 collections and disbursements. May 30, 1973 Referral to Attorney General of a report on the Republican Party of Wisconsin involving apparent violations of Section 104(b) of Federal Election Campaign Act of 1971 by four newspapers for failing to obtain candidate certification. June 27, 1973 Release of correspondence between Director of Office of Federal Elections and Devan L. Shumway, Information Officer for Committee for Re-election of the President that McGovern committees did not obtain proper authorizations from the candidate. - 4 - FORD LIBRARY a GERALD OFFICE OF FEDERAL ELECTIONS PRESS RELEASES (Continued) July 5, 1973 Referral to Attorney General of apparent violations of Sections 302 and 304 of Federal Election Campaign Act of 1971 and 18 U.S.C. 610 by the Salute to Ted Agnew Night Committee; Sections 1001 and 1621 of 18 U.S.C. and Section 304(b) (4) of Federal Election Campaign Act of 1971 by the Finance Committee to Re-elect the President. July 24, 1973 Release of a list of political committees registered with Office of Federal Elections which have been recently audited under provisions of the Federal Election Campaign Act of 1971. These committees were those whose reports did not contain violations of Federal laws which would warrant referral to the Department of Justice. July 27, 1973 Referral to Attorney General a report on the Indiana Republican State Central Committee involving the question of whether a patronage collection system in the State of Indiana, which provides financial support to political parties, violates 18 U.S.C 600; and referral to the Federal Communications Commission for further investigation of possible violation of Section 104(c) of Federal Election Campaign Act of 1971 by 19 television and 68 radio stations. August 9, 1973 Referral to Attorney General and Secretary of the Treasury. A report concerning $605,000 in contri- butions by Walter T. Duncan to committees acting on behalf of two Presidential candidates - The Committee for the Nomination of Hubert H. Humphrey and the Finance Committee to Re-elect the President. August 13, 1973 Referral to Attorney General a report on the Wisconsin McGovern for President Committee involving apparent violation of Section 302 of Federal Election Campaign Act of 1971 for failure to maintain complete and accurate records; and referral to the Federal Communications Commission the apparent failure of two radio stations to obtain media certifications. - 5 - GERALD LIBRARY FORD OFFICE OF FEDERAL ELECTIONS PRESS RELEASES (Continued) August 23, 1973 Release of an alphabetical listing of contributions in excess of $100 to candidates for President and Vice President in the 1972 election and committees supporting them. The listing required by Section 308(a) (7) (E) of Federal Election Campaign Act of 1971 contains 84,337 contributions, loans, refunds and other payments or transfers of money in excess of $100 received during the period April 7 - December 31, 1972. September 7, 1973 Referral to Attorney General a report on the Shirley Chisholm for President Committee con- cerning apparent violations by the committee of Sections 302, 303 and 304 of Federal Election Campaign Act of 1971 for failing to name a chairman, maintain complete and accurate records, and file required reports; Section 104(b) by the New York Amsterdan News for failing to obtain candidate's certification and 18 U.S.C. 610 involving corporate contributions. GER 60 6 - R. FORD LIBRARY 4904 Buff 8904 Green 4204 White 1970 FORD FOR Congres Comm. Boundank: harvious for FORD Comm. : Julits RIEKSTING Yosas 2 3 4 RISKSTING 22 UNION se DEPOSITS Paid 458-4820 1 9/288 DC. For Ford Comm. 1500.00 check 1 9/30 " 2 : 750.00 Check 2 3 10/21 Cosh - stilss 4,200.00 3 4 11/18 Congr. Campaign Comm. 3000.00 Chese 4 5 11/20-23- , 500.00 check 5 6 6 7 total Taposit of 95000 7 8 Filing date desbursions 7, 191.69 8 9 pash Bal 2 859.31 9 10 fost shetim 2, 500.00 10 11 1970 Bal 359.31 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 29 23 30 30 31 31 GEART LIBRARY doe Copy of Clerk's ruling concerning Earmarking 3 Clerk's Office Clerk's Office checkto see if Rec Committee reports for 1970 reflect receipt of contributions from the fullowing out sometime probably Dsec. Industry Comp. Comm. $5000 10/30 3 Bankers PAC $2000 New 11/9 3 John M. Shaheen $ 3000 11/6 if 4 in tober Barlermnhers- Blockeneths Union $ 1000 5 Mickigan Dates PAC $ 800 FORD I LIBRARY a. GERMED TABLE OF CONTENTS 1. CIVIL RIGHTS 2. DESEGRATION 3. WOMEN'S RIGHTS 4. ENVIRONMENTAL POLICY 5. AIR POLLUTION CONTROL 6. WATER POLLUTION CONTROL 7. WATER RESOURCES 8. WILDERNESS PRÉSERVATION 9. CRIME AND LAW ENFORCEMENT 10. HIGHER EDUCATION 11. ELEMENTARY AND SECONDARY EDUCATION 12. AID TO PRIVATE SCHOOLS 13. PRAYER IN PUBLIC SCHOOLS 14. ELECTION CAMPAIGN REFORM 15. ELECTION REFORM 16. IMPOUNDMENT OF FUNDS 17. POVERTY -- OEO LEGISLATION 18. TAX REFORM 19. FOREIGN TRADE 20. WELFARE AND SOCIAL SECURITY 21. HEALTH CARE FINANCING 22. HEALTH RESOURCES LEGISLATION 23. HEALTH RESEARCH ISSUES 24. OCCUPATIONAL SAFETY AND HEALTH GREATO ORD 25. FOOD PROGRAMS 26. DRUG ABUSE PREVENTION AND CONTROL 27. THE DISTRICT OF COLUMBIA 28. FEDERAL ASSISTANCE IN RURAL DEVELOPMENT 29. FEDERAL FARM PRICE SUPPORT PROGRAMS 30. MINIMUM WAGE LEGISLATION 31. MANPOWER 32. THE URBAN MASS TRANSPORTATION PROGRAM 33. THE FEDERAL HIGHWAY PROGRAM C GERALD LIBRARY FORD 9-4-73. (DER) (No. 171) H - 1 NEW TAX DECISIONS AND RULINGS Internal Revenue Service GROSS INCOME- A congressman receives subscription fees or solicited contributions to defray the cost of newsletters, reports, and questionnaires sent to constituents. Held: The subscription fees and contributions are includable in the congressman's gross income. The expenses of publishing and distributing the newsletters, reports, and questionnaires are business expenses deductible on an itemized return. IRS; Rev. Rul. 73-356, 9/4/73. Full Text: costs involved, Congressman B solicits pated benefit of an economic nature contributions, by notation on the re- to the payor, it is not a gift. Where Advice has been requested as to the ports and by telephone requests initi- the payment is in return for services tax treatment of amounts received ated by a member of his staff, to be rendered, it is irrelevant that the donor and amounts expended by Congress- used solely for the printing and related receives no economic benefit from it. men A and B, who use the cash re- costs of these reports and question- See Commissioner v. Duberstein, 363 ceipts and disbursements method of naires. However, he sends the reports U.S. 278 (1960), 1960-2 C.B. 428. accounting, in connection with publi- and questionnaires to constituents Moreover, when a payment is made cation and distribution of newsletters, whether or not they contribute. Con- by a customer to a taxpayer who pro- reports, and questionnaires they send tributions received by him in response vides services to assure continuation of 505 Michigan Election Law § 6.1902 This was true even with respect to ballot boxes were produced and ex- the fee paid for precincts wherein bal- amined as petitioned. Op Atty Gen, 1977 lots were not actually retallied, if the April 10, 1935. CHAPTER XXXIV CAMPAIGN EXPENSES Vol5 Mich Annotated State § 6.1901 Definitions.] SEC. 901. Terms used in this chapter shall be used as follows, unless other meaning is clearly apparent from the language or context, or unless such construction is inconsistent with the manifest intent of the law: 1. "Candidate" shall apply to any person whose name is printed on an official ballot for public office or whose name has been presented for public office, with his consent, for nomination or election; 2. "Political committee" or "committee" shall apply to every com- bination of 2 or more persons who shall aid or promote the success or defeat of a candidate, or a political party or principle or measure; and 3. "Public office" shall apply to any national, state, county or city ward, village or township office which is filled by the voters of this state, as well as to the office of presidential elector and United States senator. (CL '48, § 168.901.) I History. 12. Political committee. This section is derived from Pub Established agency or organization, Acts 1925, No. 351, Part V, c 2, § 19 which is unincorporated and consists (former § 6.639). of two or more persons, and which combination aids and promotes the 1-10. [Reserved for use in future success or defeat of a state proposal, supplementation.] constitutes political committee as de- fined in this section. Op Atty Gen, 11. Candidate. November 8, 1961, No. 3610. The term "candidate" in an elee- Committees formed to support or tion law or city charter provision, oppose propositions submitted in lo- when not defined therein, is generally cal elections are political committees used in its ordinary and customary within meaning of corrupt practices sense to mean one who is selected by act. Op Atty Gen, August 6, 1968, others as a contestant for an office No. 4622. as well as one who seeks an office, and hence includes a participant in Legal periodicals. a primary election as well as one who Union political involvement and re- runs in a regular election. City of form of campaign financing regula- Grand Rapids V. Harper, 32 Mich App tion, Prospectus, Vol 2, No. 2, p 347. 324. Delegate to county convention is ALR note. not a "candidate." Op Atty Gen, Constitutionality of statute relat- 1933-1934, p 198. ing to power of committee or officials of political party, 62 ALR 924. § 6.1902 Expenses of candidates, limit.] SEC. 902. No sums of money shall be paid and no expenses authorized or incurred by or on behalf of any candidate to be paid by him in order to secure or aid in securing his nomination to any public office or his position in this state in excess of the amount computed at the rate of [$40.00] for each 1,000 votes east at the general November election in the last preceding presidential year for the office of governor in the state or political subdivision thereof in which he is a candidate for nomination: Pro- vided, That no candidate shall be restricted to less than 25% of 1 FORD R. GERALD SIBRARY § 6.1903 Title 6-Elections and Vacancies 506 507 year's compensation, nor in any case to less than $100.00 in his § 6.1 campaign for such nomination. No sums of money shall be paid and and no no expenses authorized or incurred by or on behalf of any candidate or agree who has received the nomination to any public office or position in or other this state in excess of the amount to which expenditures for his ever, ex nomination to such office or position are limited under the provisions First, of this section. No sum of money shall be paid and no expenses to, for ] authorized or incurred by or on behalf of any candidate contrary to telegrap the provisions of this act. Secon (CL '48, § 168.902.) Third History. 13. Construction in general. Fourt As amended by Pub Acts 1958, No. Public Acts 1913, No. 109, regulat- Fifth, 28, imd eff April 3. ing nomination and election expenses and mes This section, as originally enacted, and requiring accounts thereof was a was derived from Pub Acts 1925, No. remedial statute and must be con- Sixth, 351, Part V, c 2, § 1, as amended strued to carry out the legislative in- to the ni (former § 6.621). tent. People V. Gansley, 191 Mich Seven 357. 1-10. [Reserved for use in future Depending upon which act limits lic meeti supplementation.] campaign expenditures of congres- Eight sional candidate to smaller amount, 11. Title of prior act. lists ano this section or the Federal Corrupt Public Acts 1913, No. 109, entitled Practices Act governs as to limita- registere "An act to regulate and limit nomi- tions on such expenditures. Op Atty and lists nation expenses; to define and pre- Gen, October 14, 1958, No. 3351. vent corrupt and illegal practices in Ninth, nominations and elections; to secure 14. Congressional primaries. Tenth and protect the purity of the ballot, Expenditures of congressional can- polls; an and to require accounts of nomina- didates in primary election are limit- tion and election expenses to be filed, Elever ed by this section, and the maximum and providing penalties for the viola- allowable expenditures of such candi- in accor tion of this act" was not invalid un- dates in general election are limited penses of der Const 1908, art V, § 21, as contain- by the Federal Corrupt Practices Act. ing more than one object which was None ( Op Atty Gen, January 16, 1957, No. not expressed in its title, because it 2829. to the re prohibited the making of contribu- for which tions for campaign purposes by cor- ALR notes. porations. People V. Gansley, 191 Mich Constitutionality of Corrupt Prac- (CL'4 357. tices Acts, 69 ALR 377. Construction and application of History. 12. Constitutionality. statute regarding statement by candi- This se Public Acts 1913, No. 109, regulat- date as to his expenses, or his inter- Acts 1925 ing and limiting nomination and elec- est in, or the financial value of pub- (former § tion expenses and forbidding contri- licity through, newspapers or other butions for election expenses by cor- Cross-refe publicity sources, 103 ALR 1424. porations was not unconstitutional as Permiss unduly and unreasonably restraining Digest reference. ities, see the political activities of the people. See Callaghan's Mich Dig, Elec- People V. Gansley, 191 Mich 357. tions, § 54. 1-10. [Re S § 6.1903 Treasurer of political committee; appointment, du- 11. Perm ties.] SEC. 903. Every political committee shall appoint a treasurer Under p who shall receive, keep and disburse all sums of money which may be political collected or received by such committee or any of its members for money foi disabled V election expenses; and unless such treasurer is first appointed it shall Op Atty G be unlawful for a political committee or any of its members to collect, Under p receive or disburse money for any such purpose. quet came (CL '48, § 168.903.) "political tions" and History. would hav This section is derived from Pub (former $ 6.622). FORD R. LIBRARE GERALD port of th Acts 1925, No. 351, Part V, c 2, § 2 tee. Op At A citize 507 Michigan Election Law 6.1904 § 6.1904 Lawful items of expense.] SEC. 904. No candidate and no treasurer of any political committee shall pay, give or lend, or agree to pay, give or lend, either directly or indirectly, any money or other valuable thing for any nomination or election expenses what- ever, except for the following purposes: First, For traveling expenses and personal expenses incident there- to, for printing, stationery, advertising, postage, expressage, freight, telegraph, telephone and public messenger services; Second, For dissemination of printed information to the public; Third, For political meetings, demonstrations and conventions; Fourth, For the rent, maintenance and furnishing of offices; Fifth, For the payment of clerks, typists, stenographers, janitors and messengers actually employed; Sixth, For the employment of challengers at primaries and elections to the number allowed by law as such; Seventh, For the payment of public speakers and musicians at pub- lic meetings and their necessary traveling expenses; Eighth, For copying and classifying of election registers or poll lists and investigating the right to vote of the persons listed or registered therein, and conducting proceedings to purge the registers and lists and prevent improper or unlawful registration or voting; Ninth, For making canvasses of voters; Tenth, For conveying infirm or disabled voters to and from the polls; and Eleventh, For employing as counsel, attorneys licensed to practice. in accordance with the laws of the state, and for the necessary ex- penses of such counsel. None of the provisions of this chapter shall be construed as relating to the rendering of services by speakers, writers, publishers or others for which no compensation is asked or given. (CL '48, § 168.904.) History. may expend his own funds in support This section is derived from Pub of political campaign or political can- Acts 1925, No. 351, Part V, c 2, §3 didate, and it is not unlawful to (former § 6.623). ineur expense or pay cost for mailing campaign literature, including cards Cross-reference. of political candidates. Op Atty Gen, Permissible expenditures and activ- April 23, 1963, No. 4135. ities, see also note to § 6.1931, infra. 12. Expenditures not permitted. 1-10. [Reserved for use in future Under prior statute, expenses of supplementation.] distributing cigars to electors by a candidate or political committee was 11. Permissible expenditures. not authorized. Op Atty Gen, 1914, Under prior statute, a candidate or p 617. political committee might expend A candidate may not expend money money for rigs to convey infirm or for the purpose of conveying voters disabled voters to and from the polls. to and from the polls other than those Op Atty Gen, 1914, p 618. who are infirm or disabled. Op Atty Under prior statute, a political ban- Gen, 1915, pp 212, 458. See also quet came under the classification 6.1931, subd (k), infra. "political meetings" and "demonstra- tions" and money expended therefor 13. Postage. would have to be included in the re- Postage used in mailing blank peti- port of the treasurer of the commit- tions for nominations should be in- tee. Op Atty Gen, 1915, p 208. cluded in the expense account of a A citizen who is not a candidate candidate. Op Atty Gen, 1915, p 168. GERALD FORD 6.1905 Title 6-Elections and Vacancies 508 509 14. Traveling expense. Digest reference. (3) If a can Personal expenses of candidate in- See Callaghan's Mich Dig, Elections, less than $100.00 clude his meals while away from home § 54. and oil and gas used in traveling. in the report.] Op Atty Gen, 1920, p 211. (CL '48, § 168 History. § 6.1905 Money to be paid or given only to candidate or politi- As amended by cal committee.] SEC. 905. No person who is not a candidate or the 37, imd eff March treasurer of a political committee shall pay, give or lend, or agree eff September 13 March 30, 1972. to pay, give or lend, any money whether contributed by himself or by This section, as any other person for any election expenses whatever, except to a was derived from candidate or to a political committee. 351, Part V, e 2, ! (CL '48, § 168.905.) 1-10. [Reserved History. political committee. Op Atty Gen, suppleme This section is derived from Pub January 16, 1957, No. 2829. Acts 1925, No. 351, Part V, c 2, § 11 11. Place to file. (former § 6.631). 12. Private expenditures. Congressional ca Under prior act, it was ruled that statement of exper 1-10. [Reserved for use in future individuals from whom detailed state- election with the supplementation.] ments could not be required were not county where he permitted to expend money to pro- Gen, 1915, p 168. 11. Direct contribution. mote the campaign of a candidate for This section provides that contribu- office, such expenditures as distribut- 12. Elections as tions for election expenses shall be ing cigars to electors being forbidden. which appli made only to a candidate or to a Op Atty Gen, 1914, p 617. Similar section applicable to city Op Atty Gen, 1914 § 6.1906 Account; filing, contents; filing list of candidates Under prior ac and proof copy of ballot; duplicate expense statements, filing by treasurer of a poli certified candidates; campaign expenses and contributions.] SEC. not required to fil 906. [(1)] Every candidate and every treasurer of a political com- money had been pended or expense mittee shall, within 10 days after any primary election, caucus or Op Atty Gen, 1914 convention, and again within 20 days after any general election, Similar section whether state, county, city, municipal, township or district election, to nonpartisan tow prepare and file in the office of the county clerk of the county in Atty Gen, 1914, p Under prior act, which such candidate resides, a full, true and detailed account and convention was no statement subscribed and sworn to by him before an officer authorized was not required to administer oaths, setting forth each and every sum of money re- account. Op Atty ceived or disbursed by him for nomination or election expenses, the 198. Candidate for ( date of each receipt, the name of the person from whom received or to file report of to whom paid, and the person to whom and object or purpose for tures with county which disbursed. Such statements shall also set forth the unpaid with clerk of hous debts and obligations, if any, of such candidate or committee, in- Op Atty Gen, Oc 3351. curred for the purposes set forth in section 904 +, with the nature Both candidates and amount of each, and to whom owing, in detail. The clerk of committees formed each city, village or township in the several counties of this state dates must file Se shall, within 5 days after any primary or general election, file with count and statem the county clerk a list containing the names and addresses of all law for both pr: elections. Op Ati candidates in their respective districts and a proof copy of the official 1968, No. 4622. ballot used in such primary or general election. Any candidate whose nomination or election is certified by the secretary of state shall file 13. Necessity of duplicate expense statements with the county clerk of the county Expenses of ca: or of his political in which he resides and such county clerk shall forthwith deliver 1 of such copies to the secretary of state by registered or certified mail. [(2) If a candidate has campaign expenses which amount to less § 6.1907 S SEC. 907. All SU than $100.00, he shall SO designate on his expense report, and he shall offices where the not be required to detail such expenditures. 509 Michigan Election Law § 6.1907 (3) If a candidate has campaign contributions which amount to less than $100.00, he shall not be required to detail the contributions in the report.] (CL '48, § 168.906.) History. curing his nomination or seeking his As amended by Pub Acts 1956, No. election, must be filed; but where 37, imd eff March 28; 1958, No. 192, candidate has expended no money no eff September 13; 1971, No. 42, eff statement need be filed. Op Atty March 30, 1972. Gen, 1915, p 520. This section, as originally enacted, Candidate may contribute his own was derived from Pub Acts 1925, No. money to political committee spon- 351, Part V, c 2, § 4 (former § 6.624). soring candidacy of several candi- dates, including the contributor, with- 1-10. [Reserved for use in future out being required to list and report supplementation.] such contribution as campaign ex- pense, it being considered within his 11. Place to file. rights to make contribution as an indi- Congressional candidate should file vidual. Op Atty Gen, April 23, 1963, statement of expenses during primary No. 4135. election with the county clerk of the Committee formed for political ed- county where he resides. Op Atty ucation purposes which does not ac- Gen, 1915, p 168. tively participate in election cam- paign is not required to file campaign 12. Elections and candidates to account. Op Atty Gen, August 6, 1968, which applicable. No. 4622. Similar section of prior act held Committee formed for political ed- applicable to city primary elections. ucation purposes which, incident to Op Atty Gen, 1914, p 557. its primary purpose makes campaign Under prior act, a candidate for contribution, is not required to file treasurer of a political committee was campaign account and statement. Op not required to file a statement unless Atty Gen, August 6, 1968, No. 4622. money had been received or ex- Committee formed for purpose of pended or expenses had been incurred. raising money to be contributed to Op Atty Gen, 1914, p 620. candidate or campaign committee is Similar section of prior act applied required to file detailed account and to nonpartisan township elections. Op statement as required by law. Op Atty Gen, 1914, p 642. Atty Gen, August 6, 1968, No. 4622. Under prior act, delegate to county convention was not a "candidate" and 14. Corrected statement. was not required to file an expense A candidate who filed an incorrect account. Op Atty Gen, 1933-1934, p statement but, after notice, filed a 198. corrected statement, could not be Candidate for congress is required prosecuted under former provision. to file report of campaign expendi- Barnard V. Judge of Superior Court tures with county clerk as well as of City of Grand Rapids, 187 Mich with clerk of house of representatives. 560. Op Atty Gen, October 14, 1958, No. 3351. ALR note. Both candidates for congress and Construction and application of stat- committees formed to aid such candi- ute regarding statement by candidate dates must file separate detailed ac- as to his expenses, or his interest in, count and statement as required by or the financial value of publicity law for both primary and general through, newspapers or other pub- elections. Op Atty Gen, August 6, licity sources, 103 ALR 1424. 1968, No. 4622. Digest reference. 13. Necessity of filing statement. See Callaghan's Mich Dig, Elections, Expenses of candidate for mayor, § 55. or of his political committee, in se- § 6.1907 Same; inspection, preservation, certified copies.] SEC. 907. All such accounts shall be open to public inspection in the offices where they are filed and shall be carefully preserved there for GERALD § 6.1908 Title 6-Elections and Vacancies 510 511 a period of 1 year, and it shall be the duty of the officers having prosect custody of the same to give certified copies in like manner as of other didate public records. ment a (CL '48, § 168.907.) ney to crimina History. 29, 194 This section is derived from Pub 12. Cc Acts 1925, No. 351, Part V, c 2, § 6 (former § 6.626). A ea ject to § 6.1908 Same; official inspection, notice to delinquents.] SEC. 908. The several officers with whom statements are required to § 6. be filed shall inspect all statements of accounts and expenses relating person to nominations and elections filed with them within 10 days after swerin the same are filed; and if, upon examination of the official ballot, groun it appears that any person has failed to file a statement as required prosec by law, or if it appears to any such officer that the statement filed offens with him does not conform to law, or upon complaint in writing action by a candidate or by a voter that a statement filed does not con- (CI form to law or to the truth, or that any person has failed to file a statement which he is by law required to file, said officer shall History forthwith in writing notify the delinquent person to comply with This Acts 19 the requirements of this chapter. (forme (CL '48, § 168.908.) Cross-r History. Privi This section is derived from Pub see Cor Acts 1925, No. 351, Part V, c 2, §7 liability (former § 6.627). 1942, is § 6.1909 Failure to comply with law; notice to prosecutor or 1-10. attorney general; institution of proceedings.] SEC. 909. Upon the failure of any person to file a statement within 10 days after receiving such notice, or if any statement filed discloses any violation of any § 6. provisions of this act, the county clerk[ if the statement is required secreta to be filed with him,] shall forthwith notify the prosecuting attorney proper of the county where said violation occurred or the secretary of state, provec before if the statement is required to be filed with him, shall forthwith (CL notify the attorney general of the violation. The county clerk or the secretary of state] shall furnish the prosecuting attorney or the History attorney general] with copies of all papers relating thereto, and said This Acts 19 prosecuting attorney [or attorney general] shall, on such complaint (forme or the complaint of any other person, forthwith enter the name in a docket kept for that purpose in his office, and within 20 days there- § 6. after examine every such case, and if the evidence seems to him to be 912. I sufficient under the provisions of this chapter he shall, in the name associa of the people of the state, forthwith institute such civil or criminal of any proceedings as may be appropriate to the facts. upon (CL '48, § 168.909.) or arg or calo History. 1-10. [Reserved for use in future such el As amended by Pub Acts 1958, No. supplementation.] corpor 192, eff September 13. This section, as originally enacted, 11. In general. of any was derived from Pub Acts 1925, No. Former general election law re- FORD otherw 351, Part V, c 2, § 8 (former § 6.- quired county clerk, after due notice 628). to delinquent candidate, to notify GERRA boardi LIBRARY or his 511 Michigan Election Law § 6.1912 prosecuting attorney of failure of can- rupt Practices Act, for filing an in- didate to file election expense state- correct statement of his primary elec- ment and required prosecuting attor- tion expenses, where he subsequently ney to institute appropriate civil or filed a correct statement. Barnard V. criminal action. Op Atty Gen, August Judge of Superior Court of City of 29, 1949, No. 1012. Grand Rapids, 187 Mich 560. 12. Corrected statement filed on no- Digest reference. tice. See Callaghan's Mich Dig, Elections, A candidate for office was not sub- § 55. ject to prosecution under former Cor- § 6.1910 Witness not exempt from testifying.] SEC. 910. No person otherwise competent as a witness shall be excused from an- swering any question, in any proceedings under this chapter, on the ground that such answer would tend to incriminate him; but no prosecution can afterwards be had against such witness for any such offense concerning which he testified for the prosecution except in an action for perjury in giving such testimony. (CL '48, § 168.910.) History. 11. Immunity of witnesses. This section is derived from Pub Defendants who testified in one Acts 1925, No. 351, Part V, c 2, § 9 man grand jury proceeding were not (former § 6.629). immune from prosecution for election fraud as result of such investigation. Cross-references. People V. O'Hara, 278 Mich 281. Privilege against self-incrimination, see Const 1963, art I, § 17, and note; Digest reference. liability of witness for people, § 6.- See Callaghan's Mich Dig, Witness- 1942, infra. es, § 185 et seq. 1-10. [Reserved for use in future supplementation.] § 6.1911 State to furnish blank statements.] SEC. 911. The secretary of state shall, at the expense of the state, furnish to the proper county, city, village or township clerks blanks in a form ap- proved by the attorney general, suitable for the statements herein- before required. (CL '48, § 168.911.) History. This section is derived from Pub Acts 1925, No. 351, Part V, c 2, § 10 (former § 6.630). § 6.1912 Unlawful to threaten or intimidate employees.] SEC. 912. It shall be unlawful for any employer, either corporation, association, company, firm or person, in paying the salary or wages of any of its, their or his employees, to enclose in their pay envelopes, upon which there is written or printed any political notice, device or argument, containing any threat, expressed or implied, intended or calculated to influence the political opinion, views or actions of such employees so paid. Nor shall it be lawful for any employer, either corporation, association, company, firm or person, within 90 days of any election or primary election provided by law, to put up or otherwise exhibit in its, their or his factory, workshop, mine, mill, boarding house, office or other establishment or place where its, their LD R. FORD or his employees may be working or be present in the course of such LIBRARY 6.1913 Title 6-Elections and Vacancies 512 513 employment, any handbill, notice or placard containing any threat, notice or information that in case any particular ticket or candidate § 6 stitut shall be nominated or elected, work in its, their or his place or estab- lisher lishment will cease, in whole or in part, or its, their or his establish- ment will be closed or the wages of its, their or his workmen shall be respo inser reduced; or any other threats, expressed or implied, intended or calculated to influence the political opinion or acts of its, their or his perm tends employees. (CL '48, § 168.912.) ment people History. Cross-reference. and This section is derived from Pub Penalty for discharging or threat- orgai Acts 1925, No. 351, Part V, c 2, § 15 ening to discharge employee for pur- (former § 6.635). pose of influencing his vote, see § 6.- (0 1931, subd (d), infra. Histo Ad § 6.1913 Solicitation of donation from candidate, solicitation eff 0 of donations in certain places; unlawfulness.] SEC. 913. No per- son or organization shall ask, demand or request of or from any candi- § ( date for any public office subsequent to any public announcement of licat the candidacy for any nomination for such office, any donation, gift publ or contribution, purchase of tickets or similar demands This section shall be held to include religious, charitable or social organizations any mora or any person working in their behalf. Except for religious, charita- assis ble or educational purposes, no person, firm, association or corpora- subject tion or any person working in their behalf shall ask, request or demand vide within any building or on any property which is exempt from the actio general property tax of this state, any donation, gift, contribution, (0 pledge, purchase of tickets or similar demand for the purpose of furthering or defeating the candidacy of any candidate for public Histo office or any proposed law, or other measure that may be submitted Thi to popular vote. Acts form (CL '48, § 168.913.) History. § This section is derived from Pub Acts 1925, No. 351, Part V, c 2, nom § 20, as amended (former 6.640). 916. a co § 6.1914 Newspaper advertising; designating as paid adver- nom tisement; payment for editorials.] SEC. 914. No publisher of a cour newspaper or other periodical and no director or person responsible com for the operation of any other advertising medium shall insert, either such in its advertising or reading columns or cause or permit to be dis- file seminated any paid matter which is designed or tends to aid, injure peri or defeat any candidate or political party or organization, or proposi- ( tion before the people, unless it is stated therein that it is a paid Hist advertisement. No person shall pay the owner, editor, publisher or T agent of any newspaper, periodical or other advertising medium to Acts induce him to editorially advocate or oppose any candidate for nomi- (for nation or election, and no such owner, editor, publisher or agent shall accept such payment. $ (CL 48, § 168.914.) No pers History. tion This section is derived from Pub R. Acts 1925, No. 351, Part V, c 2, FORD such § 16 (former § 6.636). GERALD or + 512 513 Michigan Election Law 6.1917 ireat, § 6.1914(1) Same; paid matter supporting or opposing con- idate stitutional amendment or other proposition.] SEC. 914a. No pub- estab- blish- lisher of a newspaper or other periodical and no director or person all be responsible for the operation of any other advertising medium shall ed or insert, either in his advertising or reading columns, or cause or permit to be disseminated, any paid matter which is designed or or his tends to support or oppose any proposed amendment or amend- ments to the constitution of this state, or proposition before the people, unless it is stated therein that it is a paid advertisement, and stating the name or names of the persons, organization or hreat- organizations paying for such advertisement. pur- e $ 6.- (CL '48, § 168.914a.) History. This section is derived from Pub Added by Pub Acts 1955, No. 192, Acts 1925, No. 351, Part V, c 2, § 16 ation eff October 14. (former § 6.636). per- landi- § 6.1915 Circulation of false statement in letter, poster or pub- nt of lication; penalty.] SEC. 915. If any letter, circular, poster, bill, gift publication or placard or any other advertising medium shall contain ction any false statement or charges reflecting on any candidate's character, tions morality or integrity, the author thereof and every person knowingly arita- assisting in the circulation thereof, shall, upon conviction thereof, be pora- subject to the penalties provided for the violation of this act: Pro- mand vided, That this shall in nowise deprive the injured party of any other n the action for libel given by law. ation, (CL '48, § 168.915.) Be of ublie History. Cross-reference. itted This section is derived from Pub Anonymous statements, see § 6.1931, Acts 1925, No. 351, Part V, c 2, § 17 subd (s), infra. former § 6.637). § 6.1916 Administering oath of office or issuing certificate of nomination or election before account filed; unlawfulness.] SEC. 916. It shall be unlawful to administer the oath of office or to issue a commission or certificate of nomination or election to any person dver- nominated or elected to any public office until he has filed an ac- of a count as required by this act, which account shall upon its face be asible complete and show a lawful compliance with this chapter, and no either such person shall enter upon the duties of his office until he has dis- filed such account, nor shall he receive any salary or fees for any hjure period prior to the filing of the same. posi- (CL '48, § 168.916.) paid History. er or This section is derived from Pub m to Acts 1925, No. 351, Part V, e 2, §5 semi- (former § 6.625). shall § 6.1917 Anonymous contributions; unlawfulness.] SEC. 917. No person shall make a payment of his own money or of another person's money to any person in connection with a nomination or elec- tion in any other name than that of the person who in truth supplies such money; nor shall any person knowingly receive such payment R. FORD or enter or cause the same to be entered in his accounts or records LIBRARY 6.1918 Title 6-Elections and Vacancies 514 515 in another name than that of the persons by whom it was actually thereof, be pun furnished. prisonment for (CL '48, § 168.917.) imprisonment il (CL '48, § 16 History. This section is derived from Pub History. Acts 1925, No. 351, Part V, c 2, § 12 This section is (former § 6.632). Acts 1925, No. 3. (former § 6.638). $ 6.1918 Same; unlawful disbursement.] SEC. 918. It shall be unlawful for any candidate or treasurer of a political committee, or person acting as such treasurer, to disburse money received from any anonymous source. § 168.918.) 6.1931 History. This section is derived from Pub person who vi Acts 1925, No. 351, Part V, c 2, § 13 on conviction, 1 (former § 6.633). (a) .No pers promise any n $ 6.1919 Corporations not to contribute.] SEC. 919. No of- as an inducem ficer, director, stockholder, attorney, agent or any other person, act- relative to any ing for any corporation or joint stock company, whether incorporated fraining from under the laws of this or any other state or any foreign country, ex- this section sh: cept corporations formed for political purposes, shall pay, give or office, position lend, or authorize to be paid, given or lent, any money belonging to (b) No pers such corporation to any candidate or to any political committee for himself or on b the payment of any election expenses whatever. any valuable C( (CL '48, § 168.919.) (1) Voting History. 13. Contributions prohibited. induce another This section is derived from Pub Chamber of commerce is not a cor- primary electic Acts 1925, No. 351, Part V, c 2, § 14 poration organized for political pur- (2) Refrain (former § 6.634). poses and therefore may not make contributions to campaigns for local to induce anot 1-10. [Reserved for use in future school millage elections. Op Atty election; supplementation.] Gen, March 1, 1968, No. 4605. (3) Doing a Committees formed to support or (4) Doing, 11. Validity. oppose propositions submitted in local Public Acts 1913, No. 109, § 14, for- elections are political committees electioneering, within meaning of corrupt practices on or before ar bidding campaign contributions by corporations, was a valid exercise of act, and corporations are prohibited (c) No per the police power, did not deprive a from making contributions to such for or election corporation of any property without committees. Op Atty Gen, August 6, money or oth due process of law, and could not be 1968, No. 4622. condemned as violating the constitu- apply to request tional right of free speech and free- ALR notes. representative dom of the press, such latter right Constitutionality of Corrupt Prac- to which such pertaining only to natural persons. tices Acts, 69 ALE 377. business trans: People V. Gansley, 191 Mich 357. Construction and application of provisions of Corrupt Practices Act which is not i 12. Local option contest. regarding contributions by corpora- the influencin A person acting on behalf of a tions, 125 ALR 1029. tion. corporation donating to a wet or dry (d) No per committee in a local option contest Digest reference. would have been a violator of former See Callaghan's Mich Dig, Elections, threaten to di act. Op Atty Gen, 1915, p 65. § 56. purpose of ini (e) No pri § 6.1920 Penalty for violation of chapter.] SEC. 920. Any society shall ii person who shall incur any illegal election expenses or otherwise vio- R. FORD cation, dismiss late any of the provisions of this chapter shall, upon conviction LIBRARY religious disap election or pri 515 Michigan Election Law § 6.1931 thereof, be punished by a fine of not more than $1,000.00 or by im- prisonment for not more than 2 years, or by both such fine and imprisonment in the discretion of the court. (CL 48, § 168.920.) History. This section is derived from Pub Acts 1925, No. 351, Part V, c 2, § 18 (former § 6.638). CHAPTER XXXV OFFENSES AND PENALTIES § 6.1931 Violations deemed misdemeanors.] SEC. 931. Any person who violates any of the following statutory provisions shall, on conviction, be deemed guilty of a misdemeanor: (a) No person shall, either directly or indirectly, give, lend or promise any money or valuable consideration to or for any person as an inducement to influence the manner of voting by any person relative to any candidate or proposition or as a reward for his re- fraining from voting. The term "valuable consideration" as used in this section shall be construed to include any money, gift, fee, loan, office, position, appointment or employment. (b) No person shall, either before, on or after any election for himself or on behalf of any other person, receive, agree or contract for any valuable consideration for: (1) Voting or agreeing to vote, or inducing or attempting to induce another to vote in a particular manner at any election or primary election; (2) Refraining or agreeing to refrain, or inducing or attempting to induce another to refrain from voting at any election or primary election; (3) Doing anything prohibited by this act; (4) Doing, agreeing to do, or having done any campaign work, electioneering, soliciting of votes for any question or any candidate on or before any election or primary election day. (c) No person shall solicit from any candidate for nomination for or election to any office, included in the provisions of this act, any money or other property. The provisions of this section shall not apply to requests for contributions of money by or to an authorized representative of the political party committee of the organization to which such candidate belongs, and shall not apply to any regular business transaction between any such candidate and any other person which is not intended for or connected with the securing of votes or the influencing of voters in connection with such nomination or elec- tion. (d) No person shall, either directly or indirectly, discharge or threaten to discharge any person who may be in his employ for the purpose of influencing his vote for any election or primary election. (e) No priest, pastor, curate or other officer of any religious society shall impose or threaten to impose any penalty of excommuni- cation, dismissal or expulsion, or command or advise, under pain of religious disapproval, for the purpose of influencing any voter at any R. FORD election or primary election. GERALD § 6.1931 Title 6-Elections and Vacancies 516 517 (f) No person shall at any election or primary election falsely gate mo impersonate and vote or attempt to vote under the name of any other vote, in person or induce or attempt to induce any person to impersonate and (o) I vote or attempt to vote under the name of any other person. or recei (g) No person shall assume a false or fictitious name in order to as such vote or to offer to vote by that name, or enter or cause to be entered (p) 1 upon the registration book in any voting precinct as his own, a false on any name, or induce or attempt to induce any other person to assume a or with false or fictitious name in order to vote, or offer to vote by that name, polling or enter or cause to be entered upon the registration book of any vot- (q) P ing precinct, a false name. part or (h) No person who is not a qualified and registered elector shall selling 1 wilfully offer or attempt to vote at any primary election or election or electi sanctioned by the laws of this state; nor shall any person aid or coun- or be th sel any person not a duly qualified elector to vote or offer to vote wagered at the place where the vote is given during any election or primary pointme election. (r) b (i) No qualified and registered elector shall offer or attempt to for whi vote in any voting precinct in which he does not reside except as shall, or otherwise provided in this act; nor shall any person procure, aid or (s) j counsel any person to go or come into any township, ward or voting seminat precinct for the purpose of voting therein at any election or primary directly election knowing that such person is not duly qualified to vote in or plac such township, ward or voting precinct. an asse (j) No person shall offer or attempt to vote more than once at the date fo same election either in the same or in another voting precinct, nor which shall he give 2 or more votes folded together. (k) No person shall hire any carriage or other conveyance or name 0 cause the same to be done, for conveying voters, other than those unwritt physically unable to walk thereto, to any election or primary election. (CL (1) In cities having an election commission authorized to appoint inspectors of election, failure on the part of any inspector, clerk or History. This election or primary election official, accepting an appointment as such, Acts 19: to report at the polling place designated on election or primary elec- 3, 5, 6, tion morning, at the time specified, unless excused, shall be considered 16, 18, a misdemeanor and shall be punished by a fine of not to exceed $10.00, amende 56, § 39 or imprisonment in the county jail for a period not exceeding 10 days, 603, 6.6 or both such fine and imprisonment in the discretion of the court: 6.613, 6 Provided, however, That should any inspector, clerk or election or 28.627). primary election official notify the election or primary election com- Cross-re mission or other officers in charge of elections or primary elections of Penal his inability to serve at the time and place specified, at least 3 days 1934, in prior to the holding of any election or primary election or shall be excused from duty by the said election or primary election commis- 1-10. [ sion, board or officers in charge of elections or primary elections for cause shown, then such inspector, clerk or election or primary election 11. Co official shall not be liable for such fine or imprisonment. Subse (m) No person shall wilfully fail to perform any duty enjoined with M upon him by this act or disobey any lawful instruction or order of or with rather the secretary of state as chief state election officer or of any county Const or city board of elections. preserv (n) No delegate or member of any convention shall solicit any such SE candidate for nomination before such convention for money, reward, view S position, place or preferment for his support in such convention, nor FORD with a shall any candidate or other person promise or pay to any such dele- BERALD ing suc LIBRARY public out pr 16 517 Michigan Election Law § 6.1931 ly gate money, reward, position, place or preferment for his support or er vote, in such convention. nd (o) No person elected a delegate to any convention shall accept or receive any money or valuable thing as a consideration for his vote to as such delegate. (p) No person shall, while the polls are open, at any polling place Ise on any primary or election day, solicit votes in the said polling place a or within 100 feet from any entrance to the building in which said ne, polling place is located. ot- (q) No person shall keep any room or building for the purpose, in part or the whole, of recording or registering bets or wagers, or of iall selling pools upon the result of any political nomination, appointment ion or election, nor shall any person wager any property, money or thing, un- or be the custodian of any money, property or thing of value, staked, ote wagered or pledged, upon the result of any political nomination, ap- ary pointment or election. (r) Any person who violates any provision of this act, a penalty to for which violation is not herein otherwise particularly provided, as shall, on conviction, be deemed guilty of a misdemeanor. or (s) Any person or his agent who knowingly makes, publishes, dis- ing seminates, circulates or places before the public, or knowingly causes ary directly or indirectly to be made, published, disseminated, circulated in or placed before the public, in this state, either orally or in writing, the an assertion, representation or statement of fact concerning a candi- nor date for public office at a primary or general election in this state, which is false, deceptive, scurrilous or malicious, without the true or name of the author subscribed thereto, if written, or announced if lose unwritten, shall be guilty of a misdemeanor. on. (CL '48, § 168.931.) bint or History. are for purpose of calling attention This section is derived from Pub to a candidacy or proposal. Op Atty ich, Acts 1925, No. 351, Part V, c 1, §§ 1- Gen, March 20, 1959, No. 3395. lec- 3, 5, 6, 7 as amended, 9, 12, 13, 15, red 16, 18, 19; Part V, c 4, §§ 1, 2 as 12. Construction. .00, amended; Pub Acts 1931, No. 328, c Subsection (p) hereof is penal in 56, § 395 (former §§ 6.599-6.601, 6.- ays, nature and must be strictly construed. 603, 6.604, 6.605, 6.607, 6.610, 6.611, Robinson V. Secretary of State, 4 Mich art: 6.613, 6.614, 6.616, 6.617, 6.671, 6.672, App 404. or 28.627). Term "solicit" as used in subsec- om- tion (p) hereof, would be held not to of Cross-reference. include vignette on official ballot days Penalty for misdemeanor, see § 6.- showing name and picture of governor 1934, infra. who was seeking reelection, where use be of party vignettes was specifically mis- 1-10. [Reserved for use in future authorized by § 6.1684. Robinson V. for supplementation.] Secretary of State, 4 Mich App 404. tion The word "solicit" contained in 11. Constitutionality. subsection (p) conveys the intended Subsection (p) does not conflict meaning of the offense with reason- ned with Mich Const 1908, art II, § 4, able certainty and, as a criminal of or with the Federal Constitution, but offense, it must be strictly construed. inty rather finds its mandate in Mich Op Atty Gen, March 20, 1959, No. Const 1908, art III, § 8, namely. to 3395. preserve the purity of elections, and any such section includes within its pur- 13. Influencing votes. ard, view such acts as parking a vehicle Offer by party to purchase proper- nor with a political sign in or on it, driv- ty from property owners for sum sub- dele- ing such a vehicle with or without a stantially greater than market value public address system, and handing in exchange for property owners' fa- out printed matter when such acts vorable vote in annexation election GERALD § 6.1932 Title 6-Elections and Vacancies 518 constituted misdemeanor under para- subscription list its copies of its issues graph (a) of this section. St. Joseph containing material favorable to a Tp. V. City of St. Joseph, 373 Mich 1. certain candidate. Op Atty Gen, 1911, p 61. 14. Collections, expenditures and per- missible activities. ALR notes. Under prior statute, a committee or Criminal responsibility for aiding club acting voluntarily in behalf of a and abetting violation of election law, candidate to be voted for at the pri- 5 ALR 786. maries might engage a secretary or Personal liability of public officer stenographer and pay for services for breach of duty in respect of elec- and expenses of such person out of a tion or primary election laws, 153 fund contributed by others than the ALR 109. candidate, and might send out litera- Statement by candidate regarding ture and visit different parts of the salary or fees of office as violation state in arranging for an organiza- of Corrupt Practice Acts or bribery, tion among the friends of the candi- 106 ALR 493. date, SO long as no expenditure was Treating of voters by candidate for made in paying workers at the polls, office as violation of Corrupt Prac- among the voters at or before the elec- tice Act, 2 ALR 402. tion, without any violation of the statute. Op Atty Gen, 1910, p 197. Digest reference. It was not a violation of former See Callaghans Mich Dig, Elections, law for a club to induce a newspaper § 113. to mail to those not on its regular § 6.1932 Violations deemed felonies.] SEC. 932. Any person who violates any of the following statutory provisions shall, on convic- tion, be guilty of a felony: (a) No person shall, by means of bribery, menace or other cor- rupt means or device whatever, either directly or indirectly, attempt to influence any elector in giving his vote, or to deter him from, or interrupt him in giving the same at any election or primary elec- tion held pursuant to law. (b) No person not duly authorized by law shall, during the progress of any election or primary election or after the closing of the polls and before the [final results of such election have been] ascertained, break open or violate the seals or locks of any ballot box [or voting machine used or in use at such election; nor shall any person wilfully damage or destroy any ballot box or voting machine; nor shall any person obtain undue possession of such ballot box [or voting machine; nor shall any person conceal, withhold or destroy the same, or fraudulently or forcibly add to or diminish the number of ballots legally deposited [in the box or [the totals on the voting machine; nor shall any person aid or abet in the same. (c) No inspector of election, clerk or other officer or person hav- ing custody of any record, election list of voters, affidavit, return or statement of votes, certificates, poll book, or of any paper, docu- ment or vote of any description, in this act directed to be made, filed or preserved, shall wilfully destroy, mutilate, deface, falsify or fraud- ulently remove or secrete the whole or part thereof, or fraudulently make any entry, erasure or alteration therein, or permit any other person to do so. (d) No person shall disclose to any other person the name of any candidate voted for by any elector, the contents of whose ballots shall have been seen by such person, nor shall any person in any manner obstruct or attempt to obstruct any elector in the exercise of his duties as such elector under this act. (CL'48, § 168.932.) BEHALD LIBRARY 519 Michigan Election Law § 6.1933 History. acting in concert with the others, had As amended by Pub Acts 1957, No. actual possession or control, as all 220, eff September 27. would be considered as participants This section, as originally enacted, in such possession and control and was derived from Pub Acts 1925, chargeable therewith and subject to No. 351, Part V, c 1, §§ 4, 10, 11, 14 prosecution the same as accessories. (former §§ 6.602, 6.608, 6.609, 6.612). People V. O'Hara, 278 Mich 281. Cross-references. 13. Sufficiency of evidence. Laws to be passed to preserve the In prosecution of several defend- purity of elections, see Const 1963, art ants for alleged election fraud, wheth- II, § 4; penalty, § 6.1935, infra. er testimony was sufficient as to any particular defendant should be deter- 1-10. [Reserved for use in future mined in light of his interest or lack supplementation.] of interest, purpose or lack of pur- pose, motive or lack of motive, and 11. Construction, operation and ef- all other circumstances disclosed by fect. proof, and just and logical inferences Rule of ejusdem generis was not ap- may be drawn from facts proven. Peo- plicable to "other officer or person" ple V. O'Hara, 278 Mich 281. used in former statute because it In prosecution for alleged election could not be so applied without un- fraud, there was sufficient testimony duly limiting scope of statute and to present issue for jury's determina- causing it to fall short of plain legis- tion as to guilt or innocence of county lative intent. People V. O'Hara, 278 clerk, who was chairman of Demo- Mich 281. cratic state central committee, whose In prosecution of defendants for al- deputies were actively involved in re- leged election fraud, where defend- count investigation out of which pros- ants intended and claimed to act ecution arose, and who had large in- under authority of committee created terest in particular election. People by legislature, their contention that V. O'Hara, 278 Mich 281. there was no joint convention of Person charged with conspiracy to legislature because of lack of quorum, violate various provisions of election and hence acts of defendants were laws, was, in view of evidence relat- not such as would be within former ing to fraudulent registration by de- statute, was not tenable. People V. fendant of ineligible voters, and in O'Hara, 278 Mich 281. view of discretion of examining mag- "Who permits" as used in former istrate, properly bound over for trial. statute meant those who enabled or People V. Marklein, 358 Mich 471. those who assisted in the unlawful undertaking. People V. O'Hara, 278 ALR notes. Mich 281. Acts of others upon which charges Former statute pertained to re- of bribery or improper influencing counts and legislative investigations. of voters are predicated as chargeable People V. O'Hara, 278 Mich 281. to candidate, for purpose of disquali- fying him for the office to which he 12. Conspiracy. is elected, 121 ALR 601. Conspiracy to violate provisions of Statement by candidate regarding former statute constituted indictable salary or fees of office as violation of offense punishable at common law. Corrupt Practice Acts or bribery, People V. O'Hara, 278 Mich 281. 106 ALR 493. In prosecution for alleged election Treating of voters by candidate for fraud, it was not necessary to prove, office as violation of Corrupt Practice under former statute, that each of ac- Act, 2 ALR 402. cused had actual manual possession or control of ballots, if there was evi- Digest reference. dence sufficient to show that among See Callaghan's Mich Dig, Elections, those charged there were some who § 113. § 6.1933 False swearing for purpose of registering or voting.] SEC. 933. Any person who makes a false affidavit or swears falsely while under oath for the purpose of securing registration or for the purpose of voting at any election or primary election shall be deemed R guilty of perjury. (CL '48, § 168.933.) GERALD § 6.1934 Title 6-Elections and Vacancies 520 521 History. Cross-reference. election in this stat This section is derived. from Pub Penalty, see § 6.1936, infra. Acts 1925, No. 351, Part V, c 1, § 17 act, the election of (former § 6.615). void; and if he sha information in the 6.1934 Misdemeanor, penalty.] SEC. 934. Any person who office may be file shall be found guilty of a misdemeanor under the provisions of this (CL '48, § 168.9 act shall, unless herein otherwise provided, be punished by a fine of History. not exceeding $500.00, or by imprisonment in the county jail for a This section is i term not exceeding 90 days, or both such fine and imprisonment in the Acts 1925, No. 351, discretion of the court. (former $ 6.676). (CL '48, § 168.934.) Cross-reference. History. Quo warranto This section is derived from Pub 27A.4501, infra a Acts 1925, No. 351, Part V, c 4, § 7 (former § 6.677). 1-10. [Reserved , suppleme § 6.1935 Felony, penalty.] SEC. 935. Any person found guilty of a felony under the provisions of this act shall, unless herein otherwise provided, be punished by a fine not exceeding $1,000.00, or by imprisonment in the state prison for a term not exceeding 5 § 6.1939 ] years, or by both such fine and imprisonment in the discretion of SEC. 939. It sh the court. or having reaso (CL '48, § 168.935.) visions of this the prosecuting History. This section is derived from Pub shall adopt eff Acts 1925, No. 351, Part V, c 4, § 5 lieved to be gui (former § 6.675). (CL '48, § 1 § 6.1936 Perjury, penalty.] SEC. 936. Any person found History. This section guilty of perjury under the provisions of this act shall, unless herein Acts 1925, No. otherwise provided, be punished by a fine not exceeding $1,000.00, (former § 6.678) or by imprisonment in the state prison for a term not exceeding 5 years, or by both such fine and imprisonment in the discretion of the § 6.1940 court. duty of every (CL '48, § 168.936.) information same to be pr History. This section is derived from Pub (CL '48, § Acts 1925, No. 351, Part V, c 4, § 4 (former § 6.674). History. This sectio Acts 1925, N § 6.1937 Forgery, penalty.] SEC. 937. Any person found (former § 6.67 guilty of forgery under the provisions of this act shall, unless herein otherwise provided, be punished by a fine not exceeding $1,000.00, § 6.194 or by imprisonment in the state prison for a term not exceeding 5 the duty of years, or by both such fine and imprisonment in the discretion of the ing knowle court. to forthwi- (CL '48, § 168.937.) such offen (CL '48, History. This section is derived from Pub History. Acts 1925, No. 351, Part V, c 4, §3 R. This sect (former § 6.673). Acts 1925, (former § 6 § 6.1938 Candidate convicted of felony; election void, quo warranto.] SEC. 938. If any candidate for any public office at any LIBRARY § 6.19 liable to Poelut 19 Cumulative Supplement $6.1908 ment incurred prior to January 1, crued, or acquired, or liability, pen- 1972, but the same may be enjoyed, alty, forfeiture or punishment in- asserted, enforced, prosecuted, or in- curred before the effective date of flicted as if Act No. 79 of the Public Act No. 79 of the Public Acts of 1971 Acts of 1971, being sections 722.51 to may be continued or instituted under 722.55 of the Compiled Laws of 1948 and in accordance with the law in [$$ 25.244(51)-25.244(55) had not force at the time of the commission been passed. Proceedings pending at of the act, offense committed, right the effective date of Act No. 79 of accruing, accrued or acquired. or li- the Public Acts of 1971, and proceed- ability, penalty, forfeiture or punish- ings instituted thereafter for any act, ment incurred." offense committed, right accruing, ac- § 6.1770 Voting machines; contracts.] SEC. 770. At all elec- tions hereafter held in this state, ballots or votes may be cast, reg- istered, recorded and counted by means of voting machines, as P ovided in this chapter. s The governing body of any governmental unit in this state may contract with the governing body of any other governmental unit in this state with regard to the use of voting machines owned by either of the contracting units. History. As amended by Pub Acts 1972, No. 214, imd eff July 7. § 6.1792(2) Presidential primary elections; restriction on ap- plicability.] SEC. 792b. The provisions of section 792a of this act shall not apply in presidential primary elections. (CL '48, § 168.792b.) History. Added by Pub Acts 1972, No. 108, imd eff April 7. 6.1901 Definitions.] Legal periodicals. Campaign contributions by attor- neys, 51 Mich SBJ 483. § 6.1906 Account; filing, contents; etc.] Analysis of New Notes. Textbook references. See Callaghan's Mich Civ Jur, Elec- Textbook references. tions, § 120. FORD OF GERALD LIBRARY It is imperative that consideration of Jerry Ford's qualifications for the Vice Presidency include an investigation of his relation with Fred Black ten or more years ago when Black was Washington lobbyist for Rockwell International Corporation, then named North American Aviation, Inc. Fred Black was indicted, convicted and jailed for income tax evasion. The FBI engaged in electronic evesdropping on his suite at the Sheraton Carlton in Washington via the so-called "spike-mike" technique. Thousands of hours of conversation were recorded on tapes. The tapes established that Fred Black, an unsavory character, whose suite was frequented by prostitutes and gamblers was a first- name friend of Jerry Ford, whose many conversations with Black involved more than legislative discussions. The tapes will show the extent to which Jerry Ford discussed financial and other matters with Black. The FBI made logs of the tapes, which presumably contained acurate summaries of the contents of the Fred Black tapes, including the portion relating to Jerry Ford. GERALD R. FORD NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Presidential Libraries Transfer/Disposal Sheet ITEM ID 00192 DESCRIPTION OF ITEM MOVED Four 8x10 black and white photographs of Gerald Ford at the Vice Presidential confirmation hearings. COLLECTION/SERIES/FOLDER ID 023800008 COLLECTION TITLE Benton L. Becker Papers BOX NUMBER 1 FOLDER TITLE Ford, Gerald R. - Vice Presidential Confirmation - General (1)-(3) ACCESSION NUMBER 91-NLF-024 MOVEMENT DATE 05/15/1991 TYPE OF MATERIAL Photographs NEW LOCATION Audiovisual Collection ARCHIVIST'S Kellee Green