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The original documents are located in Box 16, folder "Hatch Act" of the Michael Raoul-
Duval 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. Michael Raoul-Duval 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United States of America his copyrights in all of his unpublished writings in National Archives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.
Dural
H
file
THE WHITE HOUSE
WASHINGTON
October 1, 1975
MEMORANDUM FOR :
DOMESTIC COUNCIL STAFF
FROM :
Pat McKee
SUBJECT :
Hatch Act
At the last Domestic Council Staff Meeting
the subject of the Hatch Act came up. As
follow up to that discussion, I am attaching
some material that should be of some assistance
in determining what conduct is permissible by
employees subject to the Hatch Act.
If I can be of further assistance, please
call me on 6515.
Attachment
FORD i LIBRARY GERALD
THE WHITE HOUSE
WASHINGTON
MEMORANDUM
Restrictions on Political Participation
by Executive Branch Officials and Employees
All Federal officials and employees of the Executive
Branch of the Government are subject to the criminal sanctions
set forth in Title 18, U.S.C., Chapter 29 -- "Elections and
Political Activities" (Appendix A). With relatively few exceptions,
these employees are also subject to the political activity
restrictions contained in relevant civil provisions (5 U.S. C.
7321, et. seq., Appendix B) and implementing regulations
(5 CFR Part 333, Appendix C).
The following outline should serve as a checklist of the
principal restrictions on political campaign activities of concern
to government officers and employees. The attachments supply
further details.
These are the bare legal requirements of which you should
be aware. We have not attempted to prescribe the good judgment
and sense of propriety that must be expected of all persons who
participate in the President's election campaign. Should any
questions arise on matters of either legality or propriety, concern-
ing your official actions, please contact Mr. Kenneth Lazarus
(Ext. 6297) or Mr. Dudley Chapman (Ext. 6725) in the Office
of the Counsel to the President. Advice on the conduct of the
campaign itself should be sought from counsel to the Republican
National Committee or to the President's principal political
committee, as appropriate.
Philip W. Buchen
Counsel to the President
FORD LIBRARY & GERALD
1. Restrictions on who may participate (Civil Restrictions):
The Provisions of Title 5, U.S.C. Sec. 7321, et. seq. and
implementing regulations (5 CFR Part 733) may be summarized
as follows:
(a) General. Generally, Government employees are
prohibited from taking "an active part in political
.
management or political campaigns", or from using
their official authority or influence "for the purpose
of interfering with or affecting the result of an
election" (5 U.S.C. 7324; See also 5 U.S.C. 7322,
and Executive Order 11222).
(b) Types of Employees Covered. With very few exceptions,
all Federal employees in the Executive Branch of the
Government (including employees of the Postal Service)
are subject to the political activity provisions of
Federal law. These provisions apply to full-time
and part-time employees in both the competitive and
excepted service. Those who are employed on an
intermittent or occasional basis, such as experts or
consultants, are only covered by the restrictions for
the entire twenty-four hours of any day of actual
employment.
Title 5, U.S.C. Sec. 7324 exempts certain specified
officers and employees from the prohibition on taking
an active part in political management or in political
campaigns. These are:
(i) An employee paid from the appropriation
for the office of the President;
(ii) The head or assistant head of an Executive
department or military department; and
(iii) An employee appointed by the President, by
and with the advice and consent of the Senate,
GERALD R. LESRARY FORD
who determines policies to be pursued by the
United States in its relations with foreign
powers or in the nationwide administration
of Federal laws.
- 2 -
As to White House personnel, the test is which
appropriation is used to pay the employee's salary.
While the Civil Service Commission has interpreted
this provision to exempt persons paid from appro-
priations to the White House Office and Special
Assistance to the President (Office of the Vice
President), it has determined that employees paid
from other appropriations for the Executive Office
of the President, including those of the Domestic
Council, OTP, OMB, and NSC, are subject to the Act.
The Executive Director of the Domestic Council is
paid from the White House Office appropriations and
is exempt; the remainder of the Council's employees
are paid from a separate appropriation and are
covered. All detailed employees are fully subject
to the Act.
Schedule C employees and NEA's, in the departments
and agencies and in the Executive Office of the
President who are not paid from the appropriations
for the Office of the President, are also subject to
this prohibition, despite the policy-making nature
of their duties.
(c) Employees on Leave. A Federal employee subject to
the political activity laws and regulations continues
to be covered while on annual leave, sick leave, leave
without pay, administrative leave, or furlough.
(d) Exemptions. The law exempts all officers and employees
from the prohibition on taking an active part in political
management or in political campaigns in connection with
a non-partisan election. This is an election (and the
preceding campaign) in which none of the candidates
is to be nominated or elected as representing a political
party whose candidates for presidential elector received
votes at the last preceding election. Also exempted is
activity relating to a question which is not specifically
identified with a National or State political party, such
as constitutional amendments, referendums, and
approval of municipal ordinances (5 U.S. C. 7326).
FORD & LIBRARY GERALD
- 3 -
(e) Political Management. Membership in a political
party, organization, or club is permitted, but the
employee may not hold office in the party, organization,
or club, or be a member of any of its committees.
He may attend meetings open to the general membership
and vote on candidates and issues but he may not take
an active part in the management of the club, organi-
zation, or party.
Attendance as a spectator at a political convention is
permitted. However, the employee is not allowed to
take part in the deliberations or proceedings of the
convention or any of its committees. He may not be
a candidate for, or serve as, a delegate, alternate,
or proxy at such a convention.
Volunteer work for a partisan candidate, campaign
committee, political party, or nominating convention
of a political party is prohibited, whether the work
involves contact with the public or not. If, however,
an employee engages in a profession or business, such
as a musician in a band or orchestra which participates
in parades, public events and similar functions, he may
perform in that capacity even though the particular
event is politically sponsored.
(f) Political Campaigns; Candidacy. An employee may not
be a candidate in a partisan election for any public office.
Primary and run-off elections to nominate candidates
of political parties are partisan even though no party
designation appears on the ballot.
(g) Political Campaigns; Campaigning. As noted above,
an employee may express his individual opinion on
political subjects and candidates (5 U.S.C. 7324).
This is frequently done by the employee wearing a
a badge or button on his person, or displaying a
sticker or poster on his car or house.
FORD i LIBRARY GERALD
An employee may not campaign for a candidate in a
partisan election by making speeches, writing on
behalf of the candidate, or soliciting voters to support
or oppose a candidate.
- 4 -
An employee may attend a political meeting
or rally which is open to the general membership
of an organization or the public, including
committee meetings of political organizations.
However, he may not serve on a committee that
organizes or directs activities at a partisan
campaign meeting or rally.
An employee may sign nominating petitions for
candidates in a partisan election for public office,
but may not originate or circulate such petitions.
(h) Contributions. An employee may make a financial
contribution to a political party or organization.
However, he may not solicit or collect political
contributions (5 U.S.C. 7323).
2. Improper use of Government office (Criminal):
It is a Federal crime for a candidate in a Federal election
to procure support in his candidacy by directly or indirectly
promising to support the appointment of any person to public
or private position (18 U.S.C. 599); to directly or indirectly
promise any employment, position, compensation, contract,
appointment or other benefit made possible in whole or in
part by Act of Congress to any person as consideration,
favor, or reward for any political activity or for the
support of or opposition to any candidate or any political
party in connection with a primary or general election (18
U.S.C. 600); or to directly or indirectly deprive or
threaten to deprive any person of any employment, position
or other benefit made possible by Act of Congress on account
of any political activity, support of, or opposition to any
candidate or any political party in any election (18 U.S.C. 601).
3. Interference and Intimidation (Criminal):
It is a Federal crime:
(a) to interfere with the right of any other person to vote
as he may choose for or against any candidate for
Federal elective office by intimidation, threats,
coercion or attempts to intimidate, threaten or coerce
- 5 -
(18 U.S. C. 5.94), or to use any part of an
appropriation for relief or public works projects
or to exercise or administer any authority under
any appropriation act for the purpose of interfering
with any individual's right to vote in a Federal
election (18 U.S. C. 598);
(b) for a person employed in any administrative position
by the United States, or by any department or agency
thereof, in connection with any activity which is
financed in whole or in part by loans or grants made
by the United States, or any department or agency.
thereof, to use his official authority for the purpose
of interfering with, or affecting, the nomination or
the election of any candidate for Federal elective
office (18 U.S. C. 595);
(c) for any member of Congress, officer, employee or
consultant of the Federal government to discharge
or promote or degrade or in any manner change the
official rank or compensation of any other member
of Congress, officer, employee or consultant for
giving or withholding any contribution of money or
BERALD FORD LIBRARY
other thing of value for any political purposes
(18 U.S. C. 606).
4. Proper identification of campaign literature and political agents
(Criminal):
It is a Federal crime to distribute written or printed campaign
material relating to a candidate which does not identify its
source (18 U.S. C. 612); or for a candidate for Federal elective
office or an employee or agent of such candidate to participate
in any plan to misrepresent an individual as acting on behalf
of another candidate which representation is damaging to that
candidate (18 U.S. C. 617).
5. Political contributions and Expenditures (Criminal and Civil):
(a) Use of Federal Premises
It is a Federal crime to solicit or receive any contribution
of money or other thing of value for any political
purpose in any room or building occupied officially
by a member of Congress, officer, employee or
consultant of the Federal government (18 U.S. C. 603).
- 6 -
(b) Contributions among Government employees
It is a Federal crime for any member of Congress,
officer, employee or consultant of the United States
or department or agency thereof, to directly or
indirectly solicit or receive any political contributions
from any other Federal officer, employee, consultant
or member of Congress (18 U.S.C. 602) or for any
person in the service of the United States or any
department or agency thereof, to directly or indirectly
give or hand over to any other person in the service
of the United States, any money or other valuable
thing on account of or to be applied to the promotion
of any political object (18 U.S.C. 607).
(c) Proscribed classes of contributors
(1) Corporations and Unions.
It is a Federal crime for national banks,
corporations and labor organizations (18 U.S.C. 610),
Government contractors (18 U.S.C. 611), and for
foreign nationals (18 U.S.C. 613) to contribute to
the campaigns of candidates for Federal elective
office. However, provision is made for corporations,
unions and contractors to establish funds to which
members and employees may contribute voluntarily.
(2) Government Contractors
It is a crime for individuals as well as corporations
having government contracts to make or solicit
political contributions (18 U.S.C. 611).
(3) Persons on Relief
It is a Federal crime to solicit or receive any payment
for any political purpose from any person who is
receiving any work relief funded by an Act of
Congress (18 U.S.C. 604); or to furnish or disclose
for political purposes any list or names of persons
receiving such relief funded by an Act of Congress
(18 U.S.C. 605).
- 7 -
(d) Contributions in name of another
It is a Federal crime to make a campaign contribution
in the name of another or to permit one's name to be
used to effect such a contribution (18 U.S.C. 614).
(e) Limitations on contributions
With certain exceptions, it is a Federal crime for
any individual to contribute more than $1,000 to any
single candidate for Federal elective office or morę
than $25,000 in aggregate political contributions in
any calendar year (18 U.S.C. 608); or to make a
contribution in currency (as opposed to check) in
excess of $100 (18 U.S.C. 615).
(f) Mandatory channeling of funds through political
committees
Under the new Federal election campaign laws, all
contributions must be deposited with an authorized
political committee which is obliged to keep records
of both contributions and expenditures.
(g) The meaning of "contribution"
The term "contribution" is defined differently for
purposes of the various statutes referred to in this
memorandum. An original donation of funds for a
political purpose is always a contribution; and in
some cases a transfer between different political
committees may be a contribution by statutory
definition. Special care should be taken to avoid
any physical handling of political funds in a
Federal building or premises. Counsel for the
relevant political committee should be consulted
before engaging in receipt or solicitation of
political funds.
- 8 -
(h) Expenses paid by the Republican National
Committee (RNC)
RNC funds may be used for political activities
of the Presidency which are of benefit to the
party. Until the President is formally nominated,
political expenses uniquely on his behalf as distinct
from the party should be paid from his own campaign
funds.
TAB
A
from prose.
ying,
ivil Service
may, within
TITLE 18. CRIMES AND CRIMINAL PROCEDURE
rder, insti-
in the U.S.
CHAPTER 29-ELECTIONS AND POLITICAL ACTIVITIES
1 officer or
§ 591. Definitions¹
not operate
Except as otherwise specifically provided, when used in this section
and in sections 597, 599, 600, 602, 608, 610, 611, 614, 615, and 617 of
this title—
ffice or em-
(a) "election" means-
'ommission.
(1) & general, special, primary, or runoff election;
the court a
(2) a convention or caucus of a political party held to
r was made.
nominate & candidate;
ions of fact
(3) a primary election held for the selection of delegates
for leave to
to a national nominating convention of a political party; or
tion of the
(4) a primary election held for the expression of a pref-
be result of
erence for the nomination of persons for election to the office
or failure to
of President;
11. the court
(b) a "candidate" means an individual who seeks nomination
he Commis-
for election, or election, to Federal office, whether or not such indi-
the court.
vidual is elected, and, for purposes of this paragraph, an individ-
mination or
ual shall be deemed to seek nomination for election, or election, to
Ii the court
Federal office, if he has-
ind fin lings
(1) taken the action necessary under the law of a State to
The court
qualify himself for nomination for election, or election; or
termination
(2) received contributions or made expenditures, or has
rith law. If
given his consent for any other person to receive contribu-
he modified
tions or make expenditures, with a view to bringing about his
court shall
nomination for election, or election, to such office;
is either to
(c) "Federal office" means the office of President or Vice Presi-
" lawful or
dent of the United States, or Senator or Representative in, or
: court, the
Delegate or Resident Commissioner to, the Congress of the United
is
nal, subject
States;
other cases,
(d) "political committee" means any committee, club, associa-
tion, or other group of persons which receives contributions or
GERALD
nal, subject
ertiorari or
makes expenditures during a calendar year in an aggregate
rovision of
amount exceeding $1,000;
determina-
(e) "contribution"-
ler becomes
(1) means a gift, subscription, loan, advance, or deposit of
d not been
money or anything of value (except a loan of money by a
national or State bank made in accordance with the appli-
cable banking laws and regulations and in the ordinary
course of business, which shall be considered a loan by each
endorser or guarantor, in that proportion of the unpaid bal-
1 Effect on State law: The provisions of chapter 29 of Title 18, United States Code,
relating to elections and political activities, supersede and preempt any provision of State
law with respect to election to Federal office.
The terms "election," "Federal office," and "State." as used in the preceding sentence of
this footnote, have the meanings given them by section 591 of Title 18, United States Code.
(37)
38
ance thereof that each endorser or guarantor bears to the total
number of endorsers or guarantors), made for the purpose of
influencing the nomination for election, or election, of any
person to Federal office or for the purpose of influencing the
results 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 of the United States;
(2) means a contract, promise, or agreement, express or
implied, whether or not legally enforceable, to make a con-
tribution for such purposes:
(3) means funds received by a political committee which
are transferred to such committee from another political com-
mittee or other source;
(4) means the payment. by any person other than a can-
didate or a political committee, of compensation for the per-
sonal services of another person which are rendered to such
candidate or political committee without charge for any such
purpose; but
(5) does not include-
(A) the value of services provided without compensa-
tion by individuals who volunteer a portion or all of their
time on behalf of a candidate or political committee;
(B) the use of real or personal property and the cost
of invitations, food. and beverages, voluntarily provided
by an individual to a candidate in rendering voluntary
personal services on the individual's residential premises
for candidate-related activities;
(C) the sale of any food or beverage by a vendor for
use in a candidate's campaign at a charge less than the
normal comparable charge. if such charge for use in a
candidate's campaign is at least equal to the cost of such
food or beverage to the vendor;
(D) any unreimbursed payment for travel expenses
made by an individual who on his own behalf volunteers
his personal services to a candidate; or
(E) the payment by a State or local committee of a
political party of the costs of preparation, display, or
mailing or other distribution incurred by such committee
with respect to a printed slate card or sample ballot,
or other printed listing, of three or more candidates for
any public office for which an election is held in the
State in which such committee is organized, except that
this clause shall not apply in the case of costs incurred by
such committee with respect to a display of any such list-
ing made on broadcasting stations, or in newspapers,
magazines or other similar types of general public politi-
cal advertising;
to the extent that the cumulative value of activities by any
person on behalf of any candidate under each of clauses (B),
(C), and (D) does not exceed $500 with respect to any
election;
39
total
(f) "expenditure"-
Γpoep of
(1) means a purchase, payment, distribution, loan,
of any
advance, deposit, or gift of money or anything of value
eing the
(except a loan of money by a national or State bank made in
tres to a
accordance with the applicable banking laws and regulations
for the
and in the ordinary course of business), made for the purpose
sons for
of influencing the nomination for election, or election, of any
es;
person to Federal office or for the purpose of influencing the
press or
results of a primary held for the selection of delegates to a
a con-
national nominating convention of a political party or for
the expression of a preference for the nomination of persons
which
for election to the office of President of the United States;
cal com-
(2) means a contract, promise, or agreement, express or im-
plied, whether or not legally enforceable, to make any ex-
n a can-
penditure; and
the per-
(3) means the transfer of funds by a political committee to
to such
another political committee; but
my such
(4) does not include-
(A) any news story, commentary, or editorial distrib-
uted through the facilities of any broadcasting station,
mpensa-
newspaper, magazine, or other periodical publication,
of their
unless such facilities are owned or controlled by any
hittee;
political party, political committee, or candidate;
the cost
(B) nonpartisan activity designed to encourage indi-
provided
viduals to register to vote or to vote;
pluntary
(C) any communication by any membership organi-
premises
zation or corporation to its members or stockholders, if
such membership organization or corporation is not or-
ndor for
ganized primarily for the purpose of influencing the
than the
nomination for election, or election, of any person to
use in a
Federal office;
of such
(D) the use of real or personal property and the cost
of invitations, food, and beverages, voluntarily provided
expenses
by an individual to a candidate in rendering voluntary
Hunteers
personal services on the individual's residential premises
for candidate-related activities;
tee of a
(E) any unreimbursed payment for travel expenses
play, or
made by an individual who on his own behalf volunteers
mmittee
his personal services to a candidate;
e ballot,
(F) any communication by any person which is not
lates for
made for the purpose of influencing the nomination for
1 in the
election, or election, of any person to Federal office;
ept that
(G) the payment by a State or local committee of a
urred by
political party of the costs of preparation, display, or
uch list-
mailing or other distribution incurred by such committee
spapers,
with respect to a printed slate card or sample ballot, or
ic politi-
other printed listing, of three or more candidates for any
public office for which an election is held in the State in
; by any
which such committee is organized, except that this
ses (B),
clause shall not apply in the case of costs incurred by
to any
such committee with respect to a display of any such
listing made on broadcasting stations, or in newspapers,
40
magazines or other similar types of general public politi-
cal advertising;
(H) any costs incurred by a candidate in connection
with the solicitation of contributions by such candidate,
except that this clause shall not apply with respect to
costs incurred by a candidate in excess of an amount
equal to 20 percent of the expenditure limitation appli-
cable to such candidate under section 603(c) of this
title; or
(I) any costs incurred by a political committee (as
such term is defined by section 608 (b) (2) of this title)
with respect to the solicitation of contributions to such
political committee or to any general political fund con-
trolled by such political committee, except that this
clause shall not apply to exempt costs incurred with re-
spect to the solicitation of contributions to any such
political committee made through broadcasting stations,
newspapers. magazines, outdoor advertising facilities,
and other similar types of general public political adver-
tising;
to the extent that the cumulative value of activities by any
individual on behalf of any candidate under each of clauses
(D) or (E) does not exceed $500 with respect to any
election;
(g) "person" and "whoever" mean an individual, partnership,
committee, association, corporation, or any other organization or
group of persons:
(h) "State" means each State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, and any terri-
tory or possession of the United States;
(i) "political party" means any association, committee, or orga-
nization which nominates a candidate for election to any Federal
office whose name appears on the election ballot as the candidate
of such association, committee, or organization;
(j) "State committee" means the organization which. by virtue
of the bylaws of a political party, is responsible for the day-to-day
operation of such political party at the State level, as determined
by the Federal Election Commission;
(k) "national committee" means the organization which, by
virtue of the bylaws of the political party, is responsible for the
day-to-day operation of such political party at the national level,
as determined by the Federal Election Commission established
under section 4376 (a) of Title 2, United States Code; and
(1) "principal campaign committee" means the principal cam-
paign committee designated by a candidate under section 432
(f) (1) of Title 2. United States Code.
§ 592. Troops at polls
Whoever, being an officer of the Army or Navy, or other person in
the civil, military, or naval service of the United States, orders, brings,
keeps, or has under his authority or control any troops or armed men
at any place where is general or special election is held, unless such
force be necessary to repel armed enemies of the United States, shall be
fined not more than $5,000 or imprisoned not more than 5 years, or
41
both; and be disqualified from holding any office of honor, profit, or
trust under the United States.
This section shall not prevent any officer or member of the Armed
Forces of the United States from exercising the right of suffrage in
any election district to which he may belong, if otherwise qualified
according to the laws of the State in which he offers to vote.
§ 593. Interference by Armed Forces
Whoever, being an officer or member of the Armed Forces of the
United States, prescribes or fixes or attempts to prescribe or fix,
whether by. proclamation, order or otherwise, the qualifications of
voters at any election in any State;
Whoever, being such officer or member, prevents or attempts to pre-
vent by force, threat, intimidation, advice or otherwise any qualified
voter of any State from fully exercising the right of suffrage at any
general or special election;
Whoever, being such officer or member. orders or compels or at-
tempts to compel any election officer in any State to receive a vote from
a person not legally qualified to vote;
Whoever, being such officer or member, imposes or attempts to im-
pose any regulations for conducting any general or special election in a
State, different from those prescribed by law; or
Whoever, being such officer or member, interferes in any manner
with an election officer's discharge of his duties, shall be fined not more
than $5,000 or imprisoned not more than 5 years, or both; and dis-
qualified from holding any office of honor, profit or trust under the
United States.
This section shall not prevent any officer or member of the Armed
Forces from exercising the right of suffrage in any district to which
he may belong, if otherwise qualified according to the laws of the State
of such district.
§ 591. Intimidation of voters
Whoever intimidates, threatens, coerces. or attempts to intimidate,
threaten, or coerce, any other person for the purposes of interfering
with the right of such other person to vote or to vote as he may choose,
or of causing such other person to vote for, or not to vote for, any candi-
date for the office of President, Vice President. Presidential elector,
Member of the Senate, Member of the House of Representatives, Dele-
gate from the District of Columbia. or Resident Commissioner, at any
election held solely or in part for the purpose of electing such candi-
date, shall be fined not more than $1,000 or imprisoned not more than
1 year, or both.
§ 595. Interference by administrative employees of Federal,
State, or Territorial Governments
Whoever, being a person employed in any administrative position by
the United States, or by any department or agency thereof. or by the
in
District of Columbia or any agency or instrumentality thereof, or by
any State, Territory, or Possession of the United States, or any politi-
cal subdivision, municipality, or agency thereof. or agency of such
political subdivision or municipality (including any corporation
be
owned or controlled by any State. Territory, or Possession of the
United States or by any such political subdivision, municipality, or
or
42
agency), in connection with any activity which is financed in whole or
in part by loans or grants made by the United States, or any depart-
ment or agency thereof, uses his official authority for the purpose of
interfering with, or affecting. the nomination or the election of any
candidate for the office of President, Vice President. presidential elec-
tor, Member of the Senate, Member of the House of Representatives,
Delegate from the District of Columbia, or Resident Commissioner,
shall be fined not more than $1,000 or imprisoned not more than 1 year,
or both.
This section shall not prohibit or make unlawful any act by any
officer or employee of any educational or research institution, establish-
ment, agency, or system which is supported in whole or in part by any
state or political subdivision thereof, or by the District of Columbia or
by any Territory or Possession of the United States; or by any recog-
nized religious, philanthropic or cultural organization.
§ 596. Polling Armed Forces
Whoever, within or without the Armed Forces of the United States,
polls any member of such forces, either within or without the United
States, either before or after he executes any ballot under any Federal
or State law, with reference to his choice of or his vote for any candi-
date, or states, publishes, or releases any result of any purported poll
taken from or among the members of the Armed Forces of the United
States or including within it the statement of choice for such candidate
or of such votes cast by any member of the Armed Forces of the United
States, shall be fined not more than $1,000 or imprisoned for not more
than 1 year, or both.
The word "poll" means any request for information, verbal or writ-
ten, which by its language or form of expression requires or implies
the necessity of an answer. where the request is made with the intent
of compiling the result of the answers obtained, either for the personal
use of the person making the request, or for the purpose of reporting
the same to any other person. persons, political party, unincorporated
association or corporation, or for the purpose of publishing the same
orally, by radio, or in written or printed form.
§ 597. Expenditures to influence veting
Whoever makes or offers to make an expenditure to any person,
either to vote or withhold his vote, or to rote for or against any candi-
date; and
Whoever solicits, accepts, or receives any such expenditure in con-
sideration of his vote or the withholding of his vote, shall be fined
not more than $1,000 or imprisoned not more than 1 year, or both: and
if the violation was willful, shall be fined not more than $10,000 or
imprisoned not more than 2 years, or both.
§ 598. Coercion by means of relief appropriations
Whoever uses any part of any appropriation made by Congress
for work relief. relief. or for increasing employment by providing
loans and grants for public-works projects. or exercises or adminis-
ters any authority conferred by any Appropriation Act for the purpose
of interfering with, restraining, or coercing any individual in the
exercise of his right to vote at any election, shall be fined not more
than $1,000 or imprisoned not more than 1 year, or both.
43
§ 599. Promise of appointment by candidate
whole or
y depart-
Whoever, being a candidate, directly or indirectly promises or
urpose of
pledges the appointment, or the use of his influence or support for the
in of any
appointment of any person to any public or private position or em-
ntial elec-
ployment, for the purpose of procuring support in his candidacy shall
entatives,
be fined not more than $1,000 or imprisoned not more than 1 year, or
both; and if the violation was willful, shall be fined.not more than
missioner,
$10,000 or imprisoned not more than 2 years, or both.
an 1 year,
§ 600. Promise of employment or other benefit for political
it by any
activity
establish-
Whoever, directly or indirectly, promises any employment. position,
it by any
compensation, contract, appointment, or other benefit, provided for or
lumbia or
made possible in whole or in part by any Act of Congress, or any
my recog-
special consideration in obtaining any such benefit, to any person as
consideration, favor, or reward for any political activity or for the
support of or opposition to any candidate or any political party in
ed States.
connection with any general or special election to any political office,
he United
or in connection with any primary election or political convention or
y Federal
caucus held to select candidates for any political office, shall be fined
my candi-
not more than $1,000 or imprisoned not more than 1 year, or both.
orted poll
§ 601. Deprivation of employment or other benefit for political
he United
activity
candidate
Whoever, except as required by law, directly or indirectly, deprives,
he United
attempts to deprive, or threatens to deprive any person of any employ-
not more
ment, position, work, compensation, or other benefit provided for or
made possible by any Act of Congress appropriating funds for work
al or writ-
relief or relief purposes, on account of race, creed, color, or any politi-
or implies
cal activity, support of, or opposition to any candidate or any politi-
the intent
cal party in any election, shall be fined not more than $1,000 or im-
e personal
prisoned not more than 1 year, or both.
reporting
§ 602. Solicitation of political contributions
corporated
: the same
Whoever, being a Senator or Representative in, or Delegate or Resi-
dent Commissioner to, or a candidate for Congress, or individual
elected as, Senator, Representative, Delegate, or Resident Commis-
sioner, or an officer or employee of the United States or any depart-
ey person,
ment or agency thereof, or a person receiving any salary or
any candi-
compensation for services from money derived from the Treasury of
the United States, directly or indirectly solicits, receives, or is in any
ire in con-
manner concerned in soliciting or receiving, any assessment, subscrip-
II be fined
tion, or contribution for any political purpose whatever, from any
both; and
other such officer, employee, or person, shall be fined not more than
$10,000 or
$5,000 or imprisoned not more than 3 years or both.
§ 603. Place of solicitation
Whoever, in any room or building occupied in the discharge of offi-
Congress
cial duties by any person mentioned in section 602 of this title, or
providing
in any navy yard, fort, or arsenal, solicits or receives any contribution
adminis-
of moneys or other thing of value for any political purpose, shall be
ne purpose
fined not more than $5,000 or imprisoned not more than 3 years, or
nal in the
both.
not more
44
§ 601. Solicitation from persons on relief
Whoever solicits or receives or is in any manner concerned in
soliciting or receiving any assessment, subscription, or contribution
for any political purpose from any person known by him to be entitled
to, or receiving compensation, employment, or other benefit provided
for or made possible by any Act of Congress appropriating funds for
work relief or relief purposes, shall be fined not more than $1,000 or
imprisoned not more than 1 year, or both.
§ 605. Disclosure of names of persons on relief
Fo:
Whoever, for political purposes, furnishes or discloses any list or
oth
names of persons receiving compensation, employment or benefits
res
provided for or made possible by any Act of Congress appropriating,
or authorizing the appropriation of funds for work relief or relief
purposes, to a political candidate, committee, campaign manager, or
to any person for delivery to a political candidate, committee, or
or
campaign manager; and
Whoever receives any such list or names for political purposes, shall
ad
be fined not more than $1,000 or imprisoned not more than 1 year, or
both.
§ 606. Intimidation to secure political contributions
Whoever, being one of the officers or employees of the United States
she
mentioned in section 602 of this title, discharges, or promotes, or
degrades, or in any manner changes the official rank or compensation
sta
of any other officer or employee, or promises or threatens so to do, for
giving or withholding or neglecting to make any contribution of money
(b)
or other valuable thing for any political purpose, shall be fined not
more than $5,000 or imprisoned not more than 3 years, or both.
no
to
§ 607. Making political contributions
$1
Whoever, being an officer, clerk, or other person in the service of the
United States or any department or agency thereof, directly or indi-
CO
rectly gives or hands over to any other officer, clerk, or person in the
sp
service of the United States, or to any Senator or Member of or Dele-
es
gate to Congress, or Resident Commissioner, any money or other
lit
valuable thing on account of or to be applied to the promotion of any
ca
political object, shall be fined not more than $5,000 or imprisoned not
no
more than 3 years, or both.
re
§ 60S. Limitations on contributions and expenditures 2
th
Za
(a) Personal funds of candidate and family.
2,
(1) No candidate may make expenditures from his personal
7
funds, or the personal funds of his immediate family, in connec-
e:
tion with his campaigns during any calendar year for nomination
tr
for election, or for election, to Federal office in excess of, in the
aggregate-
t}
be
2 Notwithstanding section 60S(a) (1) of Title 1S. United States Code. relating to
Himitations on expenditures from personal funds, any individual may satisfy or discharge,
out of his personal funds or the personal funds of his immediate family. any debt or
obligation which is outstanding on the date of the enactment of this Act and which was
Incurred by him or on his behalf by any political committee in connection with any cam-
palen ending before the close of December 31. 1972. for election to Federal othice.
For purposes of the preceding paragraph of this footnote—(1) the terms "election".
"Federal office". and "political committee have the meanings given them by section 391
of Title 18. United States Code: and (2) the term "iminediate family" has the meaning
given It by section 60S (a) (2) of Title 18, United States Code.
FORD
GERALD
45
(A) $50,000, in the case of a candidate for the office of
d in
President or Vice President of the United States;
tion
(B) $35,000, in the case of a candidate for the office of
itled
Senator or for the office of Representative from a State which
ided
is entitled to only one Representative; or
$ for
(C) $25,000, in the case of 2 candidate for the office of
10 or
Representative, or Delegate or Resident Commissioner, in
any other State.
For purposes of this paragraph, any expenditure made in a year
other than the calendar year in which the election is held with
it or
respect to which such expenditure was made, is considered to be
etits
made during the calendar year in which such election is held.
ing,
elief
(2) For purposes of this subsection, "immediate family" means
a candidate's spouse, and any child, parent, grandparent, brother,
Γ, or
or sister of the candidate, and the spouses of such persons.
or
(3) No candidate or his immediate family may make loans or
shall
advances from their personal funds in connection with his cam-
paign for nomination for election. or for election, to Federal office
r, or
unless such loan or advance is evidenced by a written instrument
fully disclosing the terms and conditions of such loan or advance.
(4) For purposes of this subsection, any such loan or advance
ates
shall be included in computing the total amount of such expendi-
or
tures only to the extent of the balance of such loan or advance out-
tion
standing and unpaid.
for
(b) Contributions by persons and committees.
ney
(1) Except as otherwise provided by paragraphs (2) and (3),
not
no person shall make contributions to any candidate with respect
to any election for Federal office which, in the aggregate, exceed
$1,000.
the
(2) No political committee (other than a principal campaign
ndi-
committee) shall make contributions to any candidate with re-
the
spect to any election for Federal office which, in the aggregate,
ele-
exceed $5,000. Contributions by the national committee of a po-
her
litical party serving as the principal campaign committee of a
candidate for the office of President of the United States shall
any
not
not exceed the limitation imposed by the preceding sentence with
respect to any other candidate for Féderal office. For purposes of
this paragraph, the term "political committee" means an organi-
zation registered as a political committee under section 433, Title
2, United States Code, for a period of not less than 6 months
nal
which has received contributions from more than 50 persons and,
tec-
except for any State political party organization, has made con-
ion
tributions to 5 or more candidates for Federal office.
the
(3) No individual shall make contributions aggregating more
than $25,000 in any calendar year. For purposes of this para-
graph, any contribution made in a year other than the calendar
to
year in which the election is held with respect to which such con-
tribution was made, is considered to be made during the calendar
was
year in which such election is held.
(4) For purposes of this subsection-
(A) contributions to a named candidate made to any po-
litical committee authorized by such candidate, in writing,
46
to accept contributions on his behalf shall be considered to be
ributions made to such candidate; and
date nominated by a political party for election to the office
(B) contributions made to or for the benefit of any candi-
of Vice President of the United States shall be considered to
be contributions made to or for the benefit of the candidate
of such party for election to the office of President of the
United States.
(5) The limitations imposed by paragraphs (1) and (2) of this
subsection shall apply separately with respect to each election,
except that all elections held in any calendar year for the office of
President of the United States (except a general election for such
office) shall be considered to be one election.
(6) For purposes of the limitations imposed by this section, all
contributions made by a person, either directly or indirectly, on
behalf of a particular candidate, including contributions which
are in any way earmarked or otherwise directed through an in-
termediary or conduit to such candidate, shall be treated as con-
tributions from such person to such candidate. The intermediary
or conduit shall report the original source and the intended re-
cipient of such contribution to the Commission and to the intended
recipient.
(c) Limitations on expenditures.
(1) No candidate shall make expenditures in excess of-
(A) ten million dollars. in the case of a candidate for
nomination for election to the office of President of the United
States, except that the aggregate of expenditures under this
subparagraph in any one State shall not exceed twice the
expenditure limitation applicable in such State to a candi-
date for nomination for election to the office of Senator, Dele-
gate. or Resident Commissioner, as the case may be;
(B) twenty million dollars, in the case of a candidate for
election to the office of President of the United States;
(C) in the case of any campaign for nomination for elec-
tion by a candidate for the office of Senator or by a candidate
for the office of Representative from a State which is entitled
to only one Representative, the greater of-
(i) eight cents multiplied by the voting age population
of the State (as certified under subsection (g)) ; or
(ii) one hundred thousand dollars;
(D) in the case of any campaign for election by a candidate
for the office of Senator or by a candidate for the office of
Representative from a State which is entitled to only one
Representative, the greater of-
(i) twelve cents multiplied by the voting age popula-
tion of the State (as certified under subsection (g) ; or
(ii) one hundred fifty thousand dollars;
(E) seventy thousand dollars, in the case of any campaign
for nomination for election, or for election. by a candidate for
the office of Representative in any other State, Delegate from
the District of Columbia, or Resident Commissioner; or
47
(F) fifteen thousand dollars, in the case of any campaign
for nomination for election, or for election, by a candidate for
the office of Delegate from Guam or the Virgin Islands.
(2) For purposes of this subsection-
(A) expenditures made by or on behalf of any candidate
nominated by a political party for election to the office of
Vice President of the United States shall be considered to be
expenditures made by or on behalf of the candidate of such
party for election to the office of President of the United
States; and
(B) an expenditure is made on behalf of a candidate, in-
cluding a vice presidential candidate, if it is made by-
(i) an authorized committee or any other agent of the
candidate for the purposes of making any expenditure;
or
(ii) any person authorized or requested by the
candidate, an authorized committee of the candidate, or
an agent of the candidate, to make the expenditure.
(3) The limitations imposed by subparagraphs (C), (D), (E),
and (F) of paragraph (1) of this subsection shall apply sepa-
rately with respect to each election.
(4) The Commission shall prescribe rules under which any
expenditure by a candidate for presidential nomination for use
in 2 or more States shall be attributed to such candidate's expendi-
ture limitation in each such State, based on the voting age popu-
lation in such State which can reasonably be expected to be in-
fluenced by such expenditure.
(d) Adjustment of limitations based on price index.
(1) At the beginning of each calendar year (commencing in
1976), as there become available necessary data from the Bureau
of Labor Statistics of the Department of Labor, the Secretary of
Labor shall certify to the Commission and publish in the Federal
Register the per centum difference between the price index for
the 12 months preceding the beginning of such calendar year and
the price index for the base period. Each limitation established
by subsection (c) and subsection (f) shall be increased by such
per centum difference. Each amount SO increased shall be the
amount in effect for such calendar year.
(2) For purposes of paragraph (1)-
(A) the term "price index" means the average over a cal-
endar year of the Consumer Price Index (all items-United
States city average) published monthly by the Bureau of
Labor Statistics; and
(B) the term "base period" means the calendar year 1974.
(e) Expenditures relative to clearly identified candidate.
(1) No person may make any expenditure (other than an ex-
penditure made by or on behalf of a candidate within the mean-
ing of subsection (c) (2) (B) relative to a clearly indentified can-
didate during a calendar year which, when added to all other
expenditures made by such person during the year advocating the
election or defeat of such candidate, exceeds $1,000.
48
(2) For purposes of paragraph (1)-
(A) "clearly identified" means—
next
(i) the candidate's name appears;
lation
(ii) a photograph or drawing of the candidate ap-
(h)
know
pears; or
(iii) the identity of the candidate is apparent by
tion 0
unambiguous reference.
cal CC
(B) "expenditure" does not include any payment made
benefi
or incurred by a corporation or a labor organization which,
behal
under the provisions of the last paragraph of section 610 of
tribut
this title, would not constitute an expenditure by such cor-
(i)
poration or labor organization.
shall
(f) Exceptions for national and State committees.
year,
(1) Notwithstanding any other provision of law with respect
§ 609
to limitations on expenditures or limitations on contributions,
$ 610
the national committee of a political party and 2 State committee
of a political party, including any subordinate committee of a
It
State committee, may make expenditures in connection with the
by a
general election campaign of candidates for Federal office, subject
itur
to the limitations contained in paragraphs (2) and (3) of this
nect
subsection.
held
(2) The national committee of a political party may not make
who
any expenditure in connection with the general election campaign
itur
of any candidate for President of the United States who is affili-
pres
ated with such party which exceeds an amount equal to 2 cents
or I
multiplied by the voting age population of the United States (as
neet
certified under subsection (g)). Any expenditure under this para-
hele
graph shall be in addition to any expenditure by a national com-
can
mittee of a political party serving as the principal campaign com-
con
mittee of a candidate for the office of President of the United
E
States.
tio:
(3) The national committee of a political party, or 8. State
the
committee of a political party, including any subordinate commit-
of
tee of 3 State committee, may not make any expenditure in con-
per
nection with the general election campaign of a candidate for
an
Federal office in a State who is affiliated with such party which
of
exceeds—
(A) in the case of a candidate for election to the office of
fin
Senator, or of Representative from a State which is entitled
be
to only one Representative, the greater of-
(i) two cents multiplied by the voting age population
of the State (as certified under subsection (g) ; or
(ii) twenty thousand dollars; and
(B) in the case of a candidate for election to the office of
Representative, Delegate, or Resident Commissioner in any
other State, $10,000.
(g) Voting age population estimates. During the first week of Jan-
uary 1975, and every subsequent year, the Secretary of Commerce shall
certify to the Commission and publish in the Federal Register an
estimate of the voting age population of the United States. of each
State, and of each congressional district as of the first day of July
49
next preceding the date of certification. The term "voting age popu-
lation' means resident population, 1S years of age or older.
(h) Knowing violations. No candidate or political committee shall
ap-
knowingly accept any contribution or make any expenditure in viola-
by
tion of the provisions of this section. No officer or employee of 2 politi-
cal committee shall knowingly accept a contribution made for the
ade
benefit or use of 2 candidate, or knowingly make any expenditure on
ich,
behalf of 2 candidate, in violation of any limitation imposed on con-
of
tributions and expenditures under this section.
(i) Penalties. Any person who violates any provision of this section
shall be fined not more than $25,000 or imprisoned not more than 1
year, or both.
§ 609. [Repealed]
pect
ons,
§ 610. Contributions or expenditures by national banks, corpora-
ttee
tions or labor organizations
of a
It is unlawful for any national bank, or any corporation organized
the
by authority of any law of Congress. to make a contribution or expend-
ject
iture in connection with any election to any political office, or in con-
this
nection with any primary election or political convention or caucus
held to select candidates for any political office, or for any corporation
lake
whatever, or any labor organization to make 3 contribution or expend-
sign
iture in connection with any election at which presidential and vice
Sili-
presidential electors or a Senator or Representative in, or a Delegate
ents
or Resident Commissioner to Congress are to be voted for, or in con-
(as
nection with any primary election or political convention or caucus
ara-
held to select candidates for any oi the foregoing offices, or for any
om-
candidate, political committee, or other person to accept or receive any
tom-
contribution prohibited by this section.
ited
Every corporation or labor organization which makes any contribu-
tion or expenditure in violation of this section shall be fined not more
tate
than $25,000; and every officer or director of any corporation, or officer
mit-
of any labor organization, who consents to any contribution or ex-
con-
penditure by the corporation or labor organization as the case may be,
for
and any person who accepts or receives any contribution, in violation
hich
of this section, shall be fined not more than $1,000 or imprisoned not
more than 1 year, or both; and if the violation was willful, shall be
e of
fined not more than $50,000 or imprisoned not more than 2 years or
itled
both.
For the purposes of this section "labor organization" means any or-
tion
ganization of any kind, or any agency or employee representation com-
mittec or plan, in which employees participate and which exist for the
purpose, in whole or in part, of dealing with employers concerning
e of
grievances, labor disputes, wages, rates of pay, hours of employment,
any
or conditions of work.
As used in this section, the phrase "contribution or expenditure"
Jan-
shall include any direct or indirect payment, distribution, loan, ad-
shall
vance, deposit, or gift of money, or any services, or anything of value
r an
(except a loan of money by a national or State bank made in accordance
each
with the applicable banking laws and regulations and in the ordinary
July
50
course of business) to any candidate, campaign committee, or political
party or organization, in connection with any election to any of the
§ 612.
offices referred to in this section; but shall not include communications
Who
by a corporation to its stockholders and their families or by a labor
or dist
organization to its members and their families on any subject; non-
same.
partisan registration and get-out-the-vote campaigns by a corporation
positer
aimed at its stockholders and their families, or by a labor organization
the P
aimed at its members and their families; the establishment, administra-
transt
tion, and solicitation of contributions to a separate segregated fund to
pampl
be utilized for political purposes by a corporation or labor organiza-
statem
tion: Provided, That it shall be unlawful for such a fund to make a con-
clare
tribution or expenditure by utilizing money or anything of value
the U
secured br physical force. job discrimination. financial reprisals, or the
Resids
threat of force, job discrimination, or financial reprisal; or by dues,
electic
fees, or other monies required as a condition of membership in a labor
his in
organization on as a condition of employment, or by monies obtained
the TL:
in any commercial transaction.
respor
names
§ 611. Contributions by Government contractors
tion,s S
Whoever-
year,
(a) entering into any contract with the United States or any
§ 613.
department or agency thereof either for the rendition of personal
services or furnishing any material, supplies. or equipment to the
WL
United States or any department or agency thereof or for selling
person
of val
any land or building to the United States or any department or
butio
agency thereof, if payment for the performance of such contract
nectic
or payment for such material, supplies, equipment. land, or build-
candi
ing to be made in whole or in part from funds appropriated by
WE
the Congress, at any time between the commencement of negotia-
tion
tions for and the later of-
(1) the completion of performance under: or
$25,0
(2) the termination of negotiations for, such contract or
As
furnishing of material, supplies, equipment, land or build-
ings;
directly or indirectly makes any contribution of money or other
thing of value, or promises expressly or impliedly to make any
such contribution, to any political party, committee, or candidate
for public office or to any person for any political purpose or use;
or
(b) knowingly solicits any such contribution from any such
person for any such purpose during any such period;
§ 61-
shall be fined not more than $25,000 or imprisoned not more than 5
(a
years, or both.
perse
This section does not prohibit cr make unlawful the establishment
tribu
or administration of, or the solicitation of contributions to, any sepa-
by or
rate segregated fund by any corporation or labor organization for the
(b
purpose of influencing the nomination for election, or election. of any
than
person to Federal office. unless the provisions of section 610 of this title
§ 615
prohibit or make unlawful the establishment or administration of, or
the solicitation of contributions to, such fund.
(a
For purposes of this section, the term "labor organization" has the
Stat
meaning given it by section 610 of this title.
cand
51
§ 612 Publication or distribution of political statements
Whoever willfully publishes CT distributes or causes to be published
or distributed, or for the purpose of publishing or distributing the
same, knowingly deposits for mailing or delivery or causes to be de-
posited for mailing or delivery, or, except in cases of employees of
the Postal Service in the official discharge of their duties, knowingly
transports or causes to be transported in interstate commerce any card,
pamphlet, circular, poster, dodger, advertisement, writing, or other
statement relating to or concerning any person who has publicly de.
clared his intention to seek the office of President, or Vice President of
the United States, or Senator or Representative in, or Delegate or
Resident Commissioner to Congress, in a primary, general, or special
election, or convention of a political party, or has caused or permitted
his intention to do so to be publicly declared, which does not contain
the names of the persons, associations, committees. or corporations
responsible for the publication or distribution of the same, and the
names of the officers of each such association, committee, or corpora-
tion, shall be fined not more than $1,000 or imprisoned not more than 1
year, or both.
§ 613. Contributions by foreign nationals
Whoever, being a foreign national, directly or through any other
person, knowingly makes any contribution of money or other thing
of value, or promises expressly or impliedly to make any such contri-
bution, in connection with an election to any political office or in con-
nection with any primary election, convention, or caucus held to select
d-
candidates for any political office; or
Whoever knowingly solicits, accepts, or receives any such contribu-
tion from any such foreign national, shall be fined not more than
$25,000 or imprisoned not more than 5 years or both.
As used in this section, the term "foreign national" means-
(1) a foreign principal. as such term is defined by section (b)
of the Foreign Agents Registration Act of 1938 (22 U.S.C.
§ 611(b)), except that the term "foreign national" shall not in-
clude any individual who is a citizen of the United States; or
(2) an individual who is not a citizen of the United Statés and
who is not lawfully admitted for permanent residence, as defined
by section 101 (a) (20) of the Immigration and Nationality Act
(8 U.S.C. § 1101 (a) (20)).
§ 614. Prohibition of contributions in name of another
5
(a) No person shall make a contribution in the name of another
person or knowingly permit his name to be used to effect such a con-
nt
tribution, and no person shall knowingly accept a contribution made
)a-
by one person in the name of another person.
the
(b) Any person who violates this section shall be fined not more
ny
than $25,000 or imprisoned not more than 1 year, or both.
the
§ 615. Limitation on contributions of currency
or
(a) No person shall make contributions of currency of the United
the
States or currency of any foreign country to or for the benefit of any
candidate which, in the aggregate, exceed $100, with respect to any
52
campaign of such candidate for nomination for election, or for elec-
tion, to Federal office.
(b) Any person who violates this section shall be fined not more
than $25,000 or imprisoned not more than 1 year, or both.
§ 616. Acceptance of excessive honorariums
Whoever, while an elected or appointed officer or employee of any
branch of the Federal Government-
(1) accepts any honorarium of more than $1,000 (excluding
amounts accepted for actual travel and subsistence expenses) for
any appearance, speech, or article; or
(2) accepts honorariums (not prohibited by paragraph (1) of
this section) aggregating more than $15,000 in any calendar year;
shall be fined not less than $1,000 nor more than $5,000.
§ 617. Fraudulent misrepresentation of campaign authority
Whoever, being 2 candidate for Federal office or an employee or
agent of such a candidate-
(1) fraudulently misrepresents himself or any committee or
organization under his control as speaking or writing or other-
wise acting for or on behalf of any other candidate or political
party or employee or agent thereof on a matter which is damag-
ing to such other candidate or political party or employee or agent
thereof; or
(2) willfully and knowingly participates in or conspires to
participate in any plan, scheme, or design to violate paragraph
(1) ;
shall, for each such offense, be fined not more than $25,000 or impris-
oned not more than 1 year, or both.
TAB
B
TITLE 5. UNITED STATES CODE
CHAPTER 73-SUITABILITY, SECURITY, AND CONDUCT
SUBCHAPTER III-POLITICAL ACTIVITIES
Sec.
7321. Political contributions and services.
7322. Political use of authority or influence; prohibition.
7323. Political contributions; prohibition.
7324. Influencing elections; taking part in political campaigns; prohibitions; exceptions.
7325. Penalties.
7326. Nonpartisan political activity permitted.
7327. Political activity permitted; employees residing in certain municipalities.
§ 7321. Political contributions and services
The President may prescribe rules which shall provide, as nearly as condi-
tions of good administration warrant, that an employee in an Executive
agency or in the competitive service is not obliged, by reason of that
employment, to contribute to a political fund or to render political service,
and that he may not be removed or otherwise prejudiced for refusal
to do SO.
§ 7322. Political use of authority or influence; prohibition
The President may prescribe rules which shall provide, as nearly as condi-
tions of good administration warrant, that an employee in an Executive
agency or in the competitive service may not use his official authority or
influence to coerce the political action of a person or body.
§ 7323. Political contributions; prohibition
An employee in an Executive agency (except one appointed by the Presi-
dent, by and with the advice and consent of the Senate) may not request
or receive from, or give to, an employee, a Member of Congress, or an
officer of a uniformed service a thing of value for political purposes. An
employee who violates this section shall be removed from the service.
§ 7324. Influencing elections; taking part in political campaigns; prohibi-
tions; exceptions
(a) An employee in any Executive agency or an individual employed by
the Government of the District of Columbia may not-
(1) use his official authority or influence for the purpose of interfering
with or affecting the result of an election; or
(2) take an active part in political management or in political cam-
paigns.
For the purpose of this subsection, the phrase "an active part in political
management or in political campaigns" means those acts of political man-
agement or political campaigning which were prohibited on the part of
employees in the competitive service before July 19, 1940, by determina-
tions of the Civil Service Commission under the rules prescribed by the
President.
(b) An employee or individual to whom subsection (a) of this section
applies retains the right to vote as he chooses and to express his opinion
6
on political subjects and candidates.
(c) Subsection (a) of this section does not apply to an individual
employed by an educational or research institution, establishment, agency,
or system which is supported in whole or in part by the District of Colum-
bia or by a recognized religious, philanthropic, or cultural organization.
(d) Subsection (a)(2) of this section does not apply to-
(1) an employee paid from the appropriation for the office of the
President;
(2) the head or the assistant head of an Executive department or
military department;
(3) an employee appointed by the President, by and with the consent
of the Senate, who determines policies to be pursued by the United
States in its relations with foreign powers or in the nationwide admin-
istration of Federal laws;
(4) the Commissioners of the District of Columbia; or
(5) the Recorder of Deeds of the District of Columbia.
§ 7325. Penalties
An employee or individual who violates section 7324 of this title shall be
removed from his position, and funds appropriated for the position from
which removed thereafter may not be used to pay the employee or indi-
vidual. However, if the Civil Service Commission finds by unanimous vote
that the violation does not warrant removal, a penalty of not less than
30 days' suspension without pay shall be imposed by direction of the
Commission.
§ 7326. Nonpartisan political activity permitted
Section 7324 (a)(2) of this title does not prohibit political activity in con-
nection with-
(1) an election and the preceding campaign if none of the candidates
is to be nominated or elected at that election as representing a party
any of whose candidates for presidential elector received votes in the
last preceding election at which presidential electors were selected; or
(2) a question which is not specifically identified with a National or
State political party or political party of a territory or possession of the
United States.
For the purpose of this section, questions relating to constitutional amend-
ments, referendums, approval of municipal ordinances, and others of a
similar character, are deemed not specifically identified with a National
or State political party or political party of a territory or possession of the
United States.
§ 7327. Political activity pemitted; employees residing in certain munici-
palities
(a) Section 7324 (a)(2) of this title does not apply to an employee of
The Alaska Railroad who resides in a municipality on the line of the rail-
road in respect to political activities involving that municipality.
(b) The Civil Service Commission may prescribe regulations permitting
employees and individuals to whom section 7324 of this title applies to
take an active part in political management and political campaigns involv-
ing the municipality or other political subdivision in which they reside,
7
to the extent the Commission considers it to be in their domestic interest,
when-
(1) the municipality or political subdivision is in Maryland or Virginia
and in the immediate vicinity of the District of Columbia, or is a munici-
pality in which the majority of voters are employed by the Government
of the United States; and
(2) the Commission determines that because of special or unusua!
circumstances which exist in the municipality or political (subdivision
it is in the domestic interest of the employees and individuals to permit
that political participation.
8
TAB
C
CODE OF FEDERAL REGULATIONS
Title 5
ADMINISTRATIVE PERSONNEL
(6) Attend a political convention, rally,
fund-raising function; or other political gath-
ering;
PART 733-POLITICAL ACTIVITY OF
(7) Sign a political petition as cn in-
FEDERAL EMPLOYEES
dividual;
(8) Make a financial contribution to a
Subport A- The Competitive Service
political party or organization;
GENERAL PROVISIONS
(9) Take an active part, as an independ-
733.101 Definitions.
ent candidate, or in support of on independ-
In this subpart:
ent candidate, in a partison election covered
(o) "Employee" means on individual who
by § 733.124:
occupies a position in the competitive service;
(10) Take on active part, as a candi-
(b) "Agency" means on executive agency
date or in support of a condidate, in a non-
and the government of the District of Columbia;
partisan election;
(c) "Political party" means 10 National
(11) Be politically active in connection
political party, a State political party, and an
with a question which is not specifically
affiliated organization;
identified with a political party, such as a
(d) "Election" includes aprimary, special,
constitutional amendment, referendum, approval
and general election;
of a municipal ordinance or any other question
(e) "Nonpartisan election" means-
or issue of a similar character;
(1) An election at which none of the candi-
(12) Serve as on election judge or clerk,
dates is to be nominated or elected as repre-
or in a similar position to perform nonpartisen
senting a political party any of whose candi-
duties as prescribed by State or local law;
dates for presidential elector received votes
and
in the last preceding election at which presi-
(13) Otherwise participate fully in public
dential electors were selected; and
affairs, except as prohibited by law, in a
(2) An election involving a question or
manner which does not materially compromise
issue which is not specifically identified with
his efficiency or integrity as on employee or
a political party, such as a constitutional
the neutrality, efficiency, or integrity of
amendment, referendum, approval of a municipal
his agency.
ordinance, or any question or issue of a similar
(b) Paragraph (a) of this section does
character; and
not authorize on employee to engage in politi-
(f) "Partison" when used as on adjective
cal activity in violation of law, while on duty,
refers to a political party.
or while in o uniform that identifies him as on
employee. The head of on agency may prohibit
or limit the participation of an employee or
class of employees of his agency in an activity
PERMISSIBLE ACTIVITIES
permitted by paragraph (a) of this section,
733.111 Permissible activities.
if participation in the activity would interfere
(a) All employees are free to engage in
with the efficient performance of official duties,
political activity to the widest extent consis-
or create a conflict or apparent conflict
tent with the restrictions imposed by law and
of interests.
this subpart. Each employee retains the right
to
(1) Register and vote in any election;
(2) Express his opinion as an individ-
val privately and publicly on political subjects
PROHIBITED ACTIVITIES
and condidates;
§ 733.121 Use of official authority; prohibition.
(3) Display a political picture, sticker,
An employee may not use his official
badge, or button;
authority or influence for the purpose of inter-
(4) Participate in the nonpartisan acti-
fering with or affecting the result of an election.
vities of a civic, community, social, labor,
or professional organization, or of a similar
organization;
§ 733.122 Political management and political
(5) Be a member of a political party or
compaigning; prohibitions.
other political organization and participate
(a) An employee may not take an active
in its activities to the exterit consistent
port in political management or in a political
with law;
campaign, except as permitted by this subpart.
GC 41
FEBRUARY 1972
(b) Activities prohibited by paragraph
railroad in respect to political activities invoiv-
(c) of this section include but are not limited to-
ing that municipality;
(1) Serving as an officer of a political
(3) Subject to the conditions of section
party, a member of a National, State, or local
733.124, on employee who resides in a munici-
committee of a political party, cn officer or
pality or other political subdivision designated
member of a committee of a partisan political
by the commission under that section; or
club, or being a candidate for any of these
(4) An employee who works on on irregular
positions;
or occasional basis, on the days that he per-
(2) Organizing or reorganizing a political
forms no services.
party organization or political club;
(3) Directly or indirectly soliciting, receiv-
ing, collecting, handling, disbursing, or ac-
counting for assessments, contributions, or
other funds for a partison political purpose;
733.124 Political management and political
compaigning; exception of certain
(4) Organizing, selling tickets to, pro-
elections.
moting, or actively participating in a fund-
(a) Section 733.122 does not prohibit
raising activity of a partisan candidate, politi-
activity in political management or in a political
cal party, or political club;
campaign by an employee in connection with -
(5) Taking an active part in managing
(1) A nonpartiscn election, or
the political campaign of a partisan candidate
(2) Subject to the conditions and limitations
for public office or political party office;
established by the Commission, an election held
(6) Becoming a partisan candidate for,
in a municipality or political subdivision desig-
or campaigning for, an elective public office;
noted by the Commission under paragraph (b) of
(7) Soliciting votes in support of or in
this section.
opposition to a partisan candidate for public
(b) For the purpose of subparagraph (2) of
office or political party office;
paragraph (a) of this section, the Commission
(8) Actingas recorder, watcher, challenger,
may designate a municipality or political sub-
or similar officer at the polls on behalf of a
division in Maryland or Virginia in the im-
political party or partisan candidate;
mediate vicinity of the District of Columbia
(9) Driving voters to the polls on behalf of
or a municipality in which the majority of voters
a political party or partison candidate;
are employed by the Government of the United
(10) Endorsing or opposing a partisan can-
didate for public office or political party office
States, when the Commission determines that,
in a political advertisement, a broadcast, cam-
because of special or unusual circumstances, it
paign literature, or similar material;
is in the domestic interest of employees to por-
ticipate in local elections. Information as to
(11) Serving as a delegate, alternate, or
the documentation required to support a request
proxy to a political party convention;
for designation is furnished by the Commission
(12) Addressing a convention, caucus,
rally or similar gathering of a political party in
on request. The Commission has designated the
support of or in opposition to a partisan can-
following municipalities and political sub-
didate for public office or political party office;
divisions, effective on the date specified:
and
IN MARYLAND
(13) Initiating or circulating a partisan
Annapolis (May 16, 1941).
nominating petition.
Berwyn Heights (June 15, 1944).
Bethesda (Feb. 17, 1943).
Bladensburg (Apr. 20, 1942).
Bowie (Apr. 11, 1952).
733.123 Prohibited activity; exception of
Brentwood (Sept. 26, 1940).
certain employees.
Copitol Heights (Nov. 12, 1940).
(a) Sections 733.121 and 733.122 do not
Cheverly (Dec. 18, 1940).
apply to an employee of an educational or re-
Chevy Chase, sections 1 and 2 (Mar. 4, 1941).
search institution, establishment, agency, or
Chevy Chase, section 3 (Oct. 8, 1940).
system which is supported in whole or in part
Chevy Chase, section 4 (Oct. 2, 1940).
by the District of Columbia or by a recognized
Martin's Additions 1, 2, 3, and 4 to Chevy Chase
religious, philanthropic, or cultural organization.
(Feb. 13, 1941).
(b) Section 733.122 does not apply to -
Chevy Chase View (Feb. 26, 1941).
(1) An individual exempted under section
College Park (June 13, 1945).
7324(d) of title 5, United States Code;
Cottage City (Jan. 15, 1941).
(2) An employee of The Alaska Railroad
District Heights (Nov. 2, 1940).
who resides in a municipality on the line of the
Edmonston (Cct. 24. 1940).
Fairmont Heights (Oct. 24, 1940).
Port Orchard, Wash. (Feb. 27, 1946).
Forest Heights (April 22, 1949).
Shrewsbury Township, N. J. (July 2, 1963).
Garrett Park (Oct. 2, 1940).
Sierra Vista, Ariz. (Oct. 5, 1955).
Glenarden (May 21, 1941).
Warner Robins, Ga. (Mar. 19, 1948).
Glen Echo (Oct. 22, 1940).
Greenbelt (Oct. 4, 1940).
(c) An employee who resides in a munici-
Hyattsville (Sept. 20, 1940).
polity or political subdivision listed in pera
Kensington (Nov. 8, 1940).
graph (b) of this section may take on active part
Landover Hills (May 5, 1945).
in political management and political campaigns
Montgomery County (April 30, 1964).
in connection with partison elections for local
Morningside (May 19, 1949).
offices of the municipality or political sub-
Mount Rainier (Nov. 22, 1940).
division, subject to the following limitations:
North Beach (Sept. 20, 1940).
(1) Participation in politics shall be as an
North Brentwood (May 6, 1941).
independent candidate or on behalf of, or in
North Chevy Chase (July 22, 1942).
opposition to, on independent candidate.
Northwest Park (Feb. 17, 1943).
(2) Candidacy for, and service in, on
Prince Georges County (June 19, 1962).
elective office shall not result in neglect of or
Riverdale (Sept. 26, 1940).
interference with the performance of the duties
Rockville (April 15, 1948).
of the employee or create a conflict, or apparent
Seat Pleasant (Aug. 31, 1942).
conflict, of interests.
Somerset (Nov. 22, 1940).
Takoma Park (Oct. 22, 1940).
University Park (Jan. 18, 1941).
Subport B-The Excepted Service
Washington Grove (April 5, 1941).
733.201 § Jurisdiction.
Sections 733.111-733.124 apply to on em-
IN YIRGINIA
ployee in the excepted service. It is the respon-
Alexandria (April 15, 1941).
sibility of the employing agency to investigate
Arlington County (Sept. 9, 1940).
and decide allegations of prohibited political
Clifton (July 14, 1941).
activity on the part of such an employee.
Fairfax County (Nov. 10, 1949).
Town of Fairfax (Feb. 9, 1954).
Subport C- The Job Corps
Falls Church (June 6, 1941).
Herndon (April 7, 1945).
733.301 Coverage
Loudoun County (Oct. 1, 1971).
This subport applies to each officer, em-
Portsmouth (Feb. 27, 1958).
ployee, and enrollee of the Job Corps estab-
Prince William County (Feb. 14, 1967).
lished by the Economic Opportunity Act of 1964,
Vienna (March 18, 1946).
as amended, who is alleged to have engaged in
political activity in violation of that act.
OTHER MUNICIPALITIES
Anchorage, Alaska (Dec. 29, 1947).
Subport D- The U. S. Postal Service
Benicia, Calif, (Feb. 20, 1948).
Bremerton, Wash. (Feb. 27, 1946).
§ 733.401 Jurisdiction.
Centerville, Ga. (Sept. 16, 1971).
Sections 733.111 -733.124 apply to on em-
Crane, Indiana (Aug. 3, 1967).
ployee of the U. S. Postal Service. By agree-
Elmer City, Wash. (Oct. 28, 1947).
ment with this agency, the Civil Service Com-
Huachuca City, Ariz. (April 9, 1959).
mission investigates and adjudicates an
New Johnsonville, Tenn. (April 26, 1956).
allegation of political activity in violation of
Norris, Tenn. (May 6, 1959).
these sections by a covered agency employee.
GERALD
A. FORD HIBRARY