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    "ocrText": "The original documents are located in Box 16, folder \"Hatch Act\" of the Michael Raoul-\nDuval Papers at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Michael Raoul-Duval donated to the\nUnited States of America his copyrights in all of his unpublished writings in National Archives\ncollections. Works prepared by U.S. Government employees as part of their official duties are in\nthe public domain. The copyrights to materials written by other individuals or organizations are\npresumed to remain with them. If you think any of the information displayed in the PDF is subject\nto a valid copyright claim, please contact the Gerald R. Ford Presidential Library.\nDural\nH\nfile\nTHE WHITE HOUSE\nWASHINGTON\nOctober 1, 1975\nMEMORANDUM FOR :\nDOMESTIC COUNCIL STAFF\nFROM :\nPat McKee\nSUBJECT :\nHatch Act\nAt the last Domestic Council Staff Meeting\nthe subject of the Hatch Act came up. As\nfollow up to that discussion, I am attaching\nsome material that should be of some assistance\nin determining what conduct is permissible by\nemployees subject to the Hatch Act.\nIf I can be of further assistance, please\ncall me on 6515.\nAttachment\nFORD i LIBRARY GERALD\nTHE WHITE HOUSE\nWASHINGTON\nMEMORANDUM\nRestrictions on Political Participation\nby Executive Branch Officials and Employees\nAll Federal officials and employees of the Executive\nBranch of the Government are subject to the criminal sanctions\nset forth in Title 18, U.S.C., Chapter 29 -- \"Elections and\nPolitical Activities\" (Appendix A). With relatively few exceptions,\nthese employees are also subject to the political activity\nrestrictions contained in relevant civil provisions (5 U.S. C.\n7321, et. seq., Appendix B) and implementing regulations\n(5 CFR Part 333, Appendix C).\nThe following outline should serve as a checklist of the\nprincipal restrictions on political campaign activities of concern\nto government officers and employees. The attachments supply\nfurther details.\nThese are the bare legal requirements of which you should\nbe aware. We have not attempted to prescribe the good judgment\nand sense of propriety that must be expected of all persons who\nparticipate in the President's election campaign. Should any\nquestions arise on matters of either legality or propriety, concern-\ning your official actions, please contact Mr. Kenneth Lazarus\n(Ext. 6297) or Mr. Dudley Chapman (Ext. 6725) in the Office\nof the Counsel to the President. Advice on the conduct of the\ncampaign itself should be sought from counsel to the Republican\nNational Committee or to the President's principal political\ncommittee, as appropriate.\nPhilip W. Buchen\nCounsel to the President\nFORD LIBRARY & GERALD\n1. Restrictions on who may participate (Civil Restrictions):\nThe Provisions of Title 5, U.S.C. Sec. 7321, et. seq. and\nimplementing regulations (5 CFR Part 733) may be summarized\nas follows:\n(a) General. Generally, Government employees are\nprohibited from taking \"an active part in political\n.\nmanagement or political campaigns\", or from using\ntheir official authority or influence \"for the purpose\nof interfering with or affecting the result of an\nelection\" (5 U.S.C. 7324; See also 5 U.S.C. 7322,\nand Executive Order 11222).\n(b) Types of Employees Covered. With very few exceptions,\nall Federal employees in the Executive Branch of the\nGovernment (including employees of the Postal Service)\nare subject to the political activity provisions of\nFederal law. These provisions apply to full-time\nand part-time employees in both the competitive and\nexcepted service. Those who are employed on an\nintermittent or occasional basis, such as experts or\nconsultants, are only covered by the restrictions for\nthe entire twenty-four hours of any day of actual\nemployment.\nTitle 5, U.S.C. Sec. 7324 exempts certain specified\nofficers and employees from the prohibition on taking\nan active part in political management or in political\ncampaigns. These are:\n(i) An employee paid from the appropriation\nfor the office of the President;\n(ii) The head or assistant head of an Executive\ndepartment or military department; and\n(iii) An employee appointed by the President, by\nand with the advice and consent of the Senate,\nGERALD R. LESRARY FORD\nwho determines policies to be pursued by the\nUnited States in its relations with foreign\npowers or in the nationwide administration\nof Federal laws.\n- 2 -\nAs to White House personnel, the test is which\nappropriation is used to pay the employee's salary.\nWhile the Civil Service Commission has interpreted\nthis provision to exempt persons paid from appro-\npriations to the White House Office and Special\nAssistance to the President (Office of the Vice\nPresident), it has determined that employees paid\nfrom other appropriations for the Executive Office\nof the President, including those of the Domestic\nCouncil, OTP, OMB, and NSC, are subject to the Act.\nThe Executive Director of the Domestic Council is\npaid from the White House Office appropriations and\nis exempt; the remainder of the Council's employees\nare paid from a separate appropriation and are\ncovered. All detailed employees are fully subject\nto the Act.\nSchedule C employees and NEA's, in the departments\nand agencies and in the Executive Office of the\nPresident who are not paid from the appropriations\nfor the Office of the President, are also subject to\nthis prohibition, despite the policy-making nature\nof their duties.\n(c) Employees on Leave. A Federal employee subject to\nthe political activity laws and regulations continues\nto be covered while on annual leave, sick leave, leave\nwithout pay, administrative leave, or furlough.\n(d) Exemptions. The law exempts all officers and employees\nfrom the prohibition on taking an active part in political\nmanagement or in political campaigns in connection with\na non-partisan election. This is an election (and the\npreceding campaign) in which none of the candidates\nis to be nominated or elected as representing a political\nparty whose candidates for presidential elector received\nvotes at the last preceding election. Also exempted is\nactivity relating to a question which is not specifically\nidentified with a National or State political party, such\nas constitutional amendments, referendums, and\napproval of municipal ordinances (5 U.S. C. 7326).\nFORD & LIBRARY GERALD\n- 3 -\n(e) Political Management. Membership in a political\nparty, organization, or club is permitted, but the\nemployee may not hold office in the party, organization,\nor club, or be a member of any of its committees.\nHe may attend meetings open to the general membership\nand vote on candidates and issues but he may not take\nan active part in the management of the club, organi-\nzation, or party.\nAttendance as a spectator at a political convention is\npermitted. However, the employee is not allowed to\ntake part in the deliberations or proceedings of the\nconvention or any of its committees. He may not be\na candidate for, or serve as, a delegate, alternate,\nor proxy at such a convention.\nVolunteer work for a partisan candidate, campaign\ncommittee, political party, or nominating convention\nof a political party is prohibited, whether the work\ninvolves contact with the public or not. If, however,\nan employee engages in a profession or business, such\nas a musician in a band or orchestra which participates\nin parades, public events and similar functions, he may\nperform in that capacity even though the particular\nevent is politically sponsored.\n(f) Political Campaigns; Candidacy. An employee may not\nbe a candidate in a partisan election for any public office.\nPrimary and run-off elections to nominate candidates\nof political parties are partisan even though no party\ndesignation appears on the ballot.\n(g) Political Campaigns; Campaigning. As noted above,\nan employee may express his individual opinion on\npolitical subjects and candidates (5 U.S.C. 7324).\nThis is frequently done by the employee wearing a\na badge or button on his person, or displaying a\nsticker or poster on his car or house.\nFORD i LIBRARY GERALD\nAn employee may not campaign for a candidate in a\npartisan election by making speeches, writing on\nbehalf of the candidate, or soliciting voters to support\nor oppose a candidate.\n- 4 -\nAn employee may attend a political meeting\nor rally which is open to the general membership\nof an organization or the public, including\ncommittee meetings of political organizations.\nHowever, he may not serve on a committee that\norganizes or directs activities at a partisan\ncampaign meeting or rally.\nAn employee may sign nominating petitions for\ncandidates in a partisan election for public office,\nbut may not originate or circulate such petitions.\n(h) Contributions. An employee may make a financial\ncontribution to a political party or organization.\nHowever, he may not solicit or collect political\ncontributions (5 U.S.C. 7323).\n2. Improper use of Government office (Criminal):\nIt is a Federal crime for a candidate in a Federal election\nto procure support in his candidacy by directly or indirectly\npromising to support the appointment of any person to public\nor private position (18 U.S.C. 599); to directly or indirectly\npromise any employment, position, compensation, contract,\nappointment or other benefit made possible in whole or in\npart by Act of Congress to any person as consideration,\nfavor, or reward for any political activity or for the\nsupport of or opposition to any candidate or any political\nparty in connection with a primary or general election (18\nU.S.C. 600); or to directly or indirectly deprive or\nthreaten to deprive any person of any employment, position\nor other benefit made possible by Act of Congress on account\nof any political activity, support of, or opposition to any\ncandidate or any political party in any election (18 U.S.C. 601).\n3. Interference and Intimidation (Criminal):\nIt is a Federal crime:\n(a) to interfere with the right of any other person to vote\nas he may choose for or against any candidate for\nFederal elective office by intimidation, threats,\ncoercion or attempts to intimidate, threaten or coerce\n- 5 -\n(18 U.S. C. 5.94), or to use any part of an\nappropriation for relief or public works projects\nor to exercise or administer any authority under\nany appropriation act for the purpose of interfering\nwith any individual's right to vote in a Federal\nelection (18 U.S. C. 598);\n(b) for a person employed in any administrative position\nby the United States, or by any department or agency\nthereof, in connection with any activity which is\nfinanced in whole or in part by loans or grants made\nby the United States, or any department or agency.\nthereof, to use his official authority for the purpose\nof interfering with, or affecting, the nomination or\nthe election of any candidate for Federal elective\noffice (18 U.S. C. 595);\n(c) for any member of Congress, officer, employee or\nconsultant of the Federal government to discharge\nor promote or degrade or in any manner change the\nofficial rank or compensation of any other member\nof Congress, officer, employee or consultant for\ngiving or withholding any contribution of money or\nBERALD FORD LIBRARY\nother thing of value for any political purposes\n(18 U.S. C. 606).\n4. Proper identification of campaign literature and political agents\n(Criminal):\nIt is a Federal crime to distribute written or printed campaign\nmaterial relating to a candidate which does not identify its\nsource (18 U.S. C. 612); or for a candidate for Federal elective\noffice or an employee or agent of such candidate to participate\nin any plan to misrepresent an individual as acting on behalf\nof another candidate which representation is damaging to that\ncandidate (18 U.S. C. 617).\n5. Political contributions and Expenditures (Criminal and Civil):\n(a) Use of Federal Premises\nIt is a Federal crime to solicit or receive any contribution\nof money or other thing of value for any political\npurpose in any room or building occupied officially\nby a member of Congress, officer, employee or\nconsultant of the Federal government (18 U.S. C. 603).\n- 6 -\n(b) Contributions among Government employees\nIt is a Federal crime for any member of Congress,\nofficer, employee or consultant of the United States\nor department or agency thereof, to directly or\nindirectly solicit or receive any political contributions\nfrom any other Federal officer, employee, consultant\nor member of Congress (18 U.S.C. 602) or for any\nperson in the service of the United States or any\ndepartment or agency thereof, to directly or indirectly\ngive or hand over to any other person in the service\nof the United States, any money or other valuable\nthing on account of or to be applied to the promotion\nof any political object (18 U.S.C. 607).\n(c) Proscribed classes of contributors\n(1) Corporations and Unions.\nIt is a Federal crime for national banks,\ncorporations and labor organizations (18 U.S.C. 610),\nGovernment contractors (18 U.S.C. 611), and for\nforeign nationals (18 U.S.C. 613) to contribute to\nthe campaigns of candidates for Federal elective\noffice. However, provision is made for corporations,\nunions and contractors to establish funds to which\nmembers and employees may contribute voluntarily.\n(2) Government Contractors\nIt is a crime for individuals as well as corporations\nhaving government contracts to make or solicit\npolitical contributions (18 U.S.C. 611).\n(3) Persons on Relief\nIt is a Federal crime to solicit or receive any payment\nfor any political purpose from any person who is\nreceiving any work relief funded by an Act of\nCongress (18 U.S.C. 604); or to furnish or disclose\nfor political purposes any list or names of persons\nreceiving such relief funded by an Act of Congress\n(18 U.S.C. 605).\n- 7 -\n(d) Contributions in name of another\nIt is a Federal crime to make a campaign contribution\nin the name of another or to permit one's name to be\nused to effect such a contribution (18 U.S.C. 614).\n(e) Limitations on contributions\nWith certain exceptions, it is a Federal crime for\nany individual to contribute more than $1,000 to any\nsingle candidate for Federal elective office or morę\nthan $25,000 in aggregate political contributions in\nany calendar year (18 U.S.C. 608); or to make a\ncontribution in currency (as opposed to check) in\nexcess of $100 (18 U.S.C. 615).\n(f) Mandatory channeling of funds through political\ncommittees\nUnder the new Federal election campaign laws, all\ncontributions must be deposited with an authorized\npolitical committee which is obliged to keep records\nof both contributions and expenditures.\n(g) The meaning of \"contribution\"\nThe term \"contribution\" is defined differently for\npurposes of the various statutes referred to in this\nmemorandum. An original donation of funds for a\npolitical purpose is always a contribution; and in\nsome cases a transfer between different political\ncommittees may be a contribution by statutory\ndefinition. Special care should be taken to avoid\nany physical handling of political funds in a\nFederal building or premises. Counsel for the\nrelevant political committee should be consulted\nbefore engaging in receipt or solicitation of\npolitical funds.\n- 8 -\n(h) Expenses paid by the Republican National\nCommittee (RNC)\nRNC funds may be used for political activities\nof the Presidency which are of benefit to the\nparty. Until the President is formally nominated,\npolitical expenses uniquely on his behalf as distinct\nfrom the party should be paid from his own campaign\nfunds.\nTAB\nA\nfrom prose.\nying,\nivil Service\nmay, within\nTITLE 18. CRIMES AND CRIMINAL PROCEDURE\nrder, insti-\nin the U.S.\nCHAPTER 29-ELECTIONS AND POLITICAL ACTIVITIES\n1 officer or\n§ 591. Definitions¹\nnot operate\nExcept as otherwise specifically provided, when used in this section\nand in sections 597, 599, 600, 602, 608, 610, 611, 614, 615, and 617 of\nthis title—\nffice or em-\n(a) \"election\" means-\n'ommission.\n(1) & general, special, primary, or runoff election;\nthe court a\n(2) a convention or caucus of a political party held to\nr was made.\nnominate & candidate;\nions of fact\n(3) a primary election held for the selection of delegates\nfor leave to\nto a national nominating convention of a political party; or\ntion of the\n(4) a primary election held for the expression of a pref-\nbe result of\nerence for the nomination of persons for election to the office\nor failure to\nof President;\n11. the court\n(b) a \"candidate\" means an individual who seeks nomination\nhe Commis-\nfor election, or election, to Federal office, whether or not such indi-\nthe court.\nvidual is elected, and, for purposes of this paragraph, an individ-\nmination or\nual shall be deemed to seek nomination for election, or election, to\nIi the court\nFederal office, if he has-\nind fin lings\n(1) taken the action necessary under the law of a State to\nThe court\nqualify himself for nomination for election, or election; or\ntermination\n(2) received contributions or made expenditures, or has\nrith law. If\ngiven his consent for any other person to receive contribu-\nhe modified\ntions or make expenditures, with a view to bringing about his\ncourt shall\nnomination for election, or election, to such office;\nis either to\n(c) \"Federal office\" means the office of President or Vice Presi-\n\" lawful or\ndent of the United States, or Senator or Representative in, or\n: court, the\nDelegate or Resident Commissioner to, the Congress of the United\nis\nnal, subject\nStates;\nother cases,\n(d) \"political committee\" means any committee, club, associa-\ntion, or other group of persons which receives contributions or\nGERALD\nnal, subject\nertiorari or\nmakes expenditures during a calendar year in an aggregate\nrovision of\namount exceeding $1,000;\ndetermina-\n(e) \"contribution\"-\nler becomes\n(1) means a gift, subscription, loan, advance, or deposit of\nd not been\nmoney or anything of value (except a loan of money by a\nnational or State bank made in accordance with the appli-\ncable banking laws and regulations and in the ordinary\ncourse of business, which shall be considered a loan by each\nendorser or guarantor, in that proportion of the unpaid bal-\n1 Effect on State law: The provisions of chapter 29 of Title 18, United States Code,\nrelating to elections and political activities, supersede and preempt any provision of State\nlaw with respect to election to Federal office.\nThe terms \"election,\" \"Federal office,\" and \"State.\" as used in the preceding sentence of\nthis footnote, have the meanings given them by section 591 of Title 18, United States Code.\n(37)\n38\nance thereof that each endorser or guarantor bears to the total\nnumber of endorsers or guarantors), made for the purpose of\ninfluencing the nomination for election, or election, of any\nperson to Federal office or for the purpose of influencing the\nresults of a primary held for the selection of delegates to a\nnational nominating convention of a political party or for the\nexpression of a preference for the nomination of persons for\nelection to the office of President of the United States;\n(2) means a contract, promise, or agreement, express or\nimplied, whether or not legally enforceable, to make a con-\ntribution for such purposes:\n(3) means funds received by a political committee which\nare transferred to such committee from another political com-\nmittee or other source;\n(4) means the payment. by any person other than a can-\ndidate or a political committee, of compensation for the per-\nsonal services of another person which are rendered to such\ncandidate or political committee without charge for any such\npurpose; but\n(5) does not include-\n(A) the value of services provided without compensa-\ntion by individuals who volunteer a portion or all of their\ntime on behalf of a candidate or political committee;\n(B) the use of real or personal property and the cost\nof invitations, food. and beverages, voluntarily provided\nby an individual to a candidate in rendering voluntary\npersonal services on the individual's residential premises\nfor candidate-related activities;\n(C) the sale of any food or beverage by a vendor for\nuse in a candidate's campaign at a charge less than the\nnormal comparable charge. if such charge for use in a\ncandidate's campaign is at least equal to the cost of such\nfood or beverage to the vendor;\n(D) any unreimbursed payment for travel expenses\nmade by an individual who on his own behalf volunteers\nhis personal services to a candidate; or\n(E) the payment by a State or local committee of a\npolitical party of the costs of preparation, display, or\nmailing or other distribution incurred by such committee\nwith respect to a printed slate card or sample ballot,\nor other printed listing, of three or more candidates for\nany public office for which an election is held in the\nState in which such committee is organized, except that\nthis clause shall not apply in the case of costs incurred by\nsuch committee with respect to a display of any such list-\ning made on broadcasting stations, or in newspapers,\nmagazines or other similar types of general public politi-\ncal advertising;\nto the extent that the cumulative value of activities by any\nperson on behalf of any candidate under each of clauses (B),\n(C), and (D) does not exceed $500 with respect to any\nelection;\n39\ntotal\n(f) \"expenditure\"-\nΓpoep of\n(1) means a purchase, payment, distribution, loan,\nof any\nadvance, deposit, or gift of money or anything of value\neing the\n(except a loan of money by a national or State bank made in\ntres to a\naccordance with the applicable banking laws and regulations\nfor the\nand in the ordinary course of business), made for the purpose\nsons for\nof influencing the nomination for election, or election, of any\nes;\nperson to Federal office or for the purpose of influencing the\npress or\nresults of a primary held for the selection of delegates to a\na con-\nnational nominating convention of a political party or for\nthe expression of a preference for the nomination of persons\nwhich\nfor election to the office of President of the United States;\ncal com-\n(2) means a contract, promise, or agreement, express or im-\nplied, whether or not legally enforceable, to make any ex-\nn a can-\npenditure; and\nthe per-\n(3) means the transfer of funds by a political committee to\nto such\nanother political committee; but\nmy such\n(4) does not include-\n(A) any news story, commentary, or editorial distrib-\nuted through the facilities of any broadcasting station,\nmpensa-\nnewspaper, magazine, or other periodical publication,\nof their\nunless such facilities are owned or controlled by any\nhittee;\npolitical party, political committee, or candidate;\nthe cost\n(B) nonpartisan activity designed to encourage indi-\nprovided\nviduals to register to vote or to vote;\npluntary\n(C) any communication by any membership organi-\npremises\nzation or corporation to its members or stockholders, if\nsuch membership organization or corporation is not or-\nndor for\nganized primarily for the purpose of influencing the\nthan the\nnomination for election, or election, of any person to\nuse in a\nFederal office;\nof such\n(D) the use of real or personal property and the cost\nof invitations, food, and beverages, voluntarily provided\nexpenses\nby an individual to a candidate in rendering voluntary\nHunteers\npersonal services on the individual's residential premises\nfor candidate-related activities;\ntee of a\n(E) any unreimbursed payment for travel expenses\nplay, or\nmade by an individual who on his own behalf volunteers\nmmittee\nhis personal services to a candidate;\ne ballot,\n(F) any communication by any person which is not\nlates for\nmade for the purpose of influencing the nomination for\n1 in the\nelection, or election, of any person to Federal office;\nept that\n(G) the payment by a State or local committee of a\nurred by\npolitical party of the costs of preparation, display, or\nuch list-\nmailing or other distribution incurred by such committee\nspapers,\nwith respect to a printed slate card or sample ballot, or\nic politi-\nother printed listing, of three or more candidates for any\npublic office for which an election is held in the State in\n; by any\nwhich such committee is organized, except that this\nses (B),\nclause shall not apply in the case of costs incurred by\nto any\nsuch committee with respect to a display of any such\nlisting made on broadcasting stations, or in newspapers,\n40\nmagazines or other similar types of general public politi-\ncal advertising;\n(H) any costs incurred by a candidate in connection\nwith the solicitation of contributions by such candidate,\nexcept that this clause shall not apply with respect to\ncosts incurred by a candidate in excess of an amount\nequal to 20 percent of the expenditure limitation appli-\ncable to such candidate under section 603(c) of this\ntitle; or\n(I) any costs incurred by a political committee (as\nsuch term is defined by section 608 (b) (2) of this title)\nwith respect to the solicitation of contributions to such\npolitical committee or to any general political fund con-\ntrolled by such political committee, except that this\nclause shall not apply to exempt costs incurred with re-\nspect to the solicitation of contributions to any such\npolitical committee made through broadcasting stations,\nnewspapers. magazines, outdoor advertising facilities,\nand other similar types of general public political adver-\ntising;\nto the extent that the cumulative value of activities by any\nindividual on behalf of any candidate under each of clauses\n(D) or (E) does not exceed $500 with respect to any\nelection;\n(g) \"person\" and \"whoever\" mean an individual, partnership,\ncommittee, association, corporation, or any other organization or\ngroup of persons:\n(h) \"State\" means each State of the United States, the District\nof Columbia, the Commonwealth of Puerto Rico, and any terri-\ntory or possession of the United States;\n(i) \"political party\" means any association, committee, or orga-\nnization which nominates a candidate for election to any Federal\noffice whose name appears on the election ballot as the candidate\nof such association, committee, or organization;\n(j) \"State committee\" means the organization which. by virtue\nof the bylaws of a political party, is responsible for the day-to-day\noperation of such political party at the State level, as determined\nby the Federal Election Commission;\n(k) \"national committee\" means the organization which, by\nvirtue of the bylaws of the political party, is responsible for the\nday-to-day operation of such political party at the national level,\nas determined by the Federal Election Commission established\nunder section 4376 (a) of Title 2, United States Code; and\n(1) \"principal campaign committee\" means the principal cam-\npaign committee designated by a candidate under section 432\n(f) (1) of Title 2. United States Code.\n§ 592. Troops at polls\nWhoever, being an officer of the Army or Navy, or other person in\nthe civil, military, or naval service of the United States, orders, brings,\nkeeps, or has under his authority or control any troops or armed men\nat any place where is general or special election is held, unless such\nforce be necessary to repel armed enemies of the United States, shall be\nfined not more than $5,000 or imprisoned not more than 5 years, or\n41\nboth; and be disqualified from holding any office of honor, profit, or\ntrust under the United States.\nThis section shall not prevent any officer or member of the Armed\nForces of the United States from exercising the right of suffrage in\nany election district to which he may belong, if otherwise qualified\naccording to the laws of the State in which he offers to vote.\n§ 593. Interference by Armed Forces\nWhoever, being an officer or member of the Armed Forces of the\nUnited States, prescribes or fixes or attempts to prescribe or fix,\nwhether by. proclamation, order or otherwise, the qualifications of\nvoters at any election in any State;\nWhoever, being such officer or member, prevents or attempts to pre-\nvent by force, threat, intimidation, advice or otherwise any qualified\nvoter of any State from fully exercising the right of suffrage at any\ngeneral or special election;\nWhoever, being such officer or member. orders or compels or at-\ntempts to compel any election officer in any State to receive a vote from\na person not legally qualified to vote;\nWhoever, being such officer or member, imposes or attempts to im-\npose any regulations for conducting any general or special election in a\nState, different from those prescribed by law; or\nWhoever, being such officer or member, interferes in any manner\nwith an election officer's discharge of his duties, shall be fined not more\nthan $5,000 or imprisoned not more than 5 years, or both; and dis-\nqualified from holding any office of honor, profit or trust under the\nUnited States.\nThis section shall not prevent any officer or member of the Armed\nForces from exercising the right of suffrage in any district to which\nhe may belong, if otherwise qualified according to the laws of the State\nof such district.\n§ 591. Intimidation of voters\nWhoever intimidates, threatens, coerces. or attempts to intimidate,\nthreaten, or coerce, any other person for the purposes of interfering\nwith the right of such other person to vote or to vote as he may choose,\nor of causing such other person to vote for, or not to vote for, any candi-\ndate for the office of President, Vice President. Presidential elector,\nMember of the Senate, Member of the House of Representatives, Dele-\ngate from the District of Columbia. or Resident Commissioner, at any\nelection held solely or in part for the purpose of electing such candi-\ndate, shall be fined not more than $1,000 or imprisoned not more than\n1 year, or both.\n§ 595. Interference by administrative employees of Federal,\nState, or Territorial Governments\nWhoever, being a person employed in any administrative position by\nthe United States, or by any department or agency thereof. or by the\nin\nDistrict of Columbia or any agency or instrumentality thereof, or by\nany State, Territory, or Possession of the United States, or any politi-\ncal subdivision, municipality, or agency thereof. or agency of such\npolitical subdivision or municipality (including any corporation\nbe\nowned or controlled by any State. Territory, or Possession of the\nUnited States or by any such political subdivision, municipality, or\nor\n42\nagency), in connection with any activity which is financed in whole or\nin part by loans or grants made by the United States, or any depart-\nment or agency thereof, uses his official authority for the purpose of\ninterfering with, or affecting. the nomination or the election of any\ncandidate for the office of President, Vice President. presidential elec-\ntor, Member of the Senate, Member of the House of Representatives,\nDelegate from the District of Columbia, or Resident Commissioner,\nshall be fined not more than $1,000 or imprisoned not more than 1 year,\nor both.\nThis section shall not prohibit or make unlawful any act by any\nofficer or employee of any educational or research institution, establish-\nment, agency, or system which is supported in whole or in part by any\nstate or political subdivision thereof, or by the District of Columbia or\nby any Territory or Possession of the United States; or by any recog-\nnized religious, philanthropic or cultural organization.\n§ 596. Polling Armed Forces\nWhoever, within or without the Armed Forces of the United States,\npolls any member of such forces, either within or without the United\nStates, either before or after he executes any ballot under any Federal\nor State law, with reference to his choice of or his vote for any candi-\ndate, or states, publishes, or releases any result of any purported poll\ntaken from or among the members of the Armed Forces of the United\nStates or including within it the statement of choice for such candidate\nor of such votes cast by any member of the Armed Forces of the United\nStates, shall be fined not more than $1,000 or imprisoned for not more\nthan 1 year, or both.\nThe word \"poll\" means any request for information, verbal or writ-\nten, which by its language or form of expression requires or implies\nthe necessity of an answer. where the request is made with the intent\nof compiling the result of the answers obtained, either for the personal\nuse of the person making the request, or for the purpose of reporting\nthe same to any other person. persons, political party, unincorporated\nassociation or corporation, or for the purpose of publishing the same\norally, by radio, or in written or printed form.\n§ 597. Expenditures to influence veting\nWhoever makes or offers to make an expenditure to any person,\neither to vote or withhold his vote, or to rote for or against any candi-\ndate; and\nWhoever solicits, accepts, or receives any such expenditure in con-\nsideration of his vote or the withholding of his vote, shall be fined\nnot more than $1,000 or imprisoned not more than 1 year, or both: and\nif the violation was willful, shall be fined not more than $10,000 or\nimprisoned not more than 2 years, or both.\n§ 598. Coercion by means of relief appropriations\nWhoever uses any part of any appropriation made by Congress\nfor work relief. relief. or for increasing employment by providing\nloans and grants for public-works projects. or exercises or adminis-\nters any authority conferred by any Appropriation Act for the purpose\nof interfering with, restraining, or coercing any individual in the\nexercise of his right to vote at any election, shall be fined not more\nthan $1,000 or imprisoned not more than 1 year, or both.\n43\n§ 599. Promise of appointment by candidate\nwhole or\ny depart-\nWhoever, being a candidate, directly or indirectly promises or\nurpose of\npledges the appointment, or the use of his influence or support for the\nin of any\nappointment of any person to any public or private position or em-\nntial elec-\nployment, for the purpose of procuring support in his candidacy shall\nentatives,\nbe fined not more than $1,000 or imprisoned not more than 1 year, or\nboth; and if the violation was willful, shall be fined.not more than\nmissioner,\n$10,000 or imprisoned not more than 2 years, or both.\nan 1 year,\n§ 600. Promise of employment or other benefit for political\nit by any\nactivity\nestablish-\nWhoever, directly or indirectly, promises any employment. position,\nit by any\ncompensation, contract, appointment, or other benefit, provided for or\nlumbia or\nmade possible in whole or in part by any Act of Congress, or any\nmy recog-\nspecial consideration in obtaining any such benefit, to any person as\nconsideration, favor, or reward for any political activity or for the\nsupport of or opposition to any candidate or any political party in\ned States.\nconnection with any general or special election to any political office,\nhe United\nor in connection with any primary election or political convention or\ny Federal\ncaucus held to select candidates for any political office, shall be fined\nmy candi-\nnot more than $1,000 or imprisoned not more than 1 year, or both.\norted poll\n§ 601. Deprivation of employment or other benefit for political\nhe United\nactivity\ncandidate\nWhoever, except as required by law, directly or indirectly, deprives,\nhe United\nattempts to deprive, or threatens to deprive any person of any employ-\nnot more\nment, position, work, compensation, or other benefit provided for or\nmade possible by any Act of Congress appropriating funds for work\nal or writ-\nrelief or relief purposes, on account of race, creed, color, or any politi-\nor implies\ncal activity, support of, or opposition to any candidate or any politi-\nthe intent\ncal party in any election, shall be fined not more than $1,000 or im-\ne personal\nprisoned not more than 1 year, or both.\nreporting\n§ 602. Solicitation of political contributions\ncorporated\n: the same\nWhoever, being a Senator or Representative in, or Delegate or Resi-\ndent Commissioner to, or a candidate for Congress, or individual\nelected as, Senator, Representative, Delegate, or Resident Commis-\nsioner, or an officer or employee of the United States or any depart-\ney person,\nment or agency thereof, or a person receiving any salary or\nany candi-\ncompensation for services from money derived from the Treasury of\nthe United States, directly or indirectly solicits, receives, or is in any\nire in con-\nmanner concerned in soliciting or receiving, any assessment, subscrip-\nII be fined\ntion, or contribution for any political purpose whatever, from any\nboth; and\nother such officer, employee, or person, shall be fined not more than\n$10,000 or\n$5,000 or imprisoned not more than 3 years or both.\n§ 603. Place of solicitation\nWhoever, in any room or building occupied in the discharge of offi-\nCongress\ncial duties by any person mentioned in section 602 of this title, or\nproviding\nin any navy yard, fort, or arsenal, solicits or receives any contribution\nadminis-\nof moneys or other thing of value for any political purpose, shall be\nne purpose\nfined not more than $5,000 or imprisoned not more than 3 years, or\nnal in the\nboth.\nnot more\n44\n§ 601. Solicitation from persons on relief\nWhoever solicits or receives or is in any manner concerned in\nsoliciting or receiving any assessment, subscription, or contribution\nfor any political purpose from any person known by him to be entitled\nto, or receiving compensation, employment, or other benefit provided\nfor or made possible by any Act of Congress appropriating funds for\nwork relief or relief purposes, shall be fined not more than $1,000 or\nimprisoned not more than 1 year, or both.\n§ 605. Disclosure of names of persons on relief\nFo:\nWhoever, for political purposes, furnishes or discloses any list or\noth\nnames of persons receiving compensation, employment or benefits\nres\nprovided for or made possible by any Act of Congress appropriating,\nor authorizing the appropriation of funds for work relief or relief\npurposes, to a political candidate, committee, campaign manager, or\nto any person for delivery to a political candidate, committee, or\nor\ncampaign manager; and\nWhoever receives any such list or names for political purposes, shall\nad\nbe fined not more than $1,000 or imprisoned not more than 1 year, or\nboth.\n§ 606. Intimidation to secure political contributions\nWhoever, being one of the officers or employees of the United States\nshe\nmentioned in section 602 of this title, discharges, or promotes, or\ndegrades, or in any manner changes the official rank or compensation\nsta\nof any other officer or employee, or promises or threatens so to do, for\ngiving or withholding or neglecting to make any contribution of money\n(b)\nor other valuable thing for any political purpose, shall be fined not\nmore than $5,000 or imprisoned not more than 3 years, or both.\nno\nto\n§ 607. Making political contributions\n$1\nWhoever, being an officer, clerk, or other person in the service of the\nUnited States or any department or agency thereof, directly or indi-\nCO\nrectly gives or hands over to any other officer, clerk, or person in the\nsp\nservice of the United States, or to any Senator or Member of or Dele-\nes\ngate to Congress, or Resident Commissioner, any money or other\nlit\nvaluable thing on account of or to be applied to the promotion of any\nca\npolitical object, shall be fined not more than $5,000 or imprisoned not\nno\nmore than 3 years, or both.\nre\n§ 60S. Limitations on contributions and expenditures 2\nth\nZa\n(a) Personal funds of candidate and family.\n2,\n(1) No candidate may make expenditures from his personal\n7\nfunds, or the personal funds of his immediate family, in connec-\ne:\ntion with his campaigns during any calendar year for nomination\ntr\nfor election, or for election, to Federal office in excess of, in the\naggregate-\nt}\nbe\n2 Notwithstanding section 60S(a) (1) of Title 1S. United States Code. relating to\nHimitations on expenditures from personal funds, any individual may satisfy or discharge,\nout of his personal funds or the personal funds of his immediate family. any debt or\nobligation which is outstanding on the date of the enactment of this Act and which was\nIncurred by him or on his behalf by any political committee in connection with any cam-\npalen ending before the close of December 31. 1972. for election to Federal othice.\nFor purposes of the preceding paragraph of this footnote—(1) the terms \"election\".\n\"Federal office\". and \"political committee have the meanings given them by section 391\nof Title 18. United States Code: and (2) the term \"iminediate family\" has the meaning\ngiven It by section 60S (a) (2) of Title 18, United States Code.\nFORD\nGERALD\n45\n(A) $50,000, in the case of a candidate for the office of\nd in\nPresident or Vice President of the United States;\ntion\n(B) $35,000, in the case of a candidate for the office of\nitled\nSenator or for the office of Representative from a State which\nided\nis entitled to only one Representative; or\n$ for\n(C) $25,000, in the case of 2 candidate for the office of\n10 or\nRepresentative, or Delegate or Resident Commissioner, in\nany other State.\nFor purposes of this paragraph, any expenditure made in a year\nother than the calendar year in which the election is held with\nit or\nrespect to which such expenditure was made, is considered to be\netits\nmade during the calendar year in which such election is held.\ning,\nelief\n(2) For purposes of this subsection, \"immediate family\" means\na candidate's spouse, and any child, parent, grandparent, brother,\nΓ, or\nor sister of the candidate, and the spouses of such persons.\nor\n(3) No candidate or his immediate family may make loans or\nshall\nadvances from their personal funds in connection with his cam-\npaign for nomination for election. or for election, to Federal office\nr, or\nunless such loan or advance is evidenced by a written instrument\nfully disclosing the terms and conditions of such loan or advance.\n(4) For purposes of this subsection, any such loan or advance\nates\nshall be included in computing the total amount of such expendi-\nor\ntures only to the extent of the balance of such loan or advance out-\ntion\nstanding and unpaid.\nfor\n(b) Contributions by persons and committees.\nney\n(1) Except as otherwise provided by paragraphs (2) and (3),\nnot\nno person shall make contributions to any candidate with respect\nto any election for Federal office which, in the aggregate, exceed\n$1,000.\nthe\n(2) No political committee (other than a principal campaign\nndi-\ncommittee) shall make contributions to any candidate with re-\nthe\nspect to any election for Federal office which, in the aggregate,\nele-\nexceed $5,000. Contributions by the national committee of a po-\nher\nlitical party serving as the principal campaign committee of a\ncandidate for the office of President of the United States shall\nany\nnot\nnot exceed the limitation imposed by the preceding sentence with\nrespect to any other candidate for Féderal office. For purposes of\nthis paragraph, the term \"political committee\" means an organi-\nzation registered as a political committee under section 433, Title\n2, United States Code, for a period of not less than 6 months\nnal\nwhich has received contributions from more than 50 persons and,\ntec-\nexcept for any State political party organization, has made con-\nion\ntributions to 5 or more candidates for Federal office.\nthe\n(3) No individual shall make contributions aggregating more\nthan $25,000 in any calendar year. For purposes of this para-\ngraph, any contribution made in a year other than the calendar\nto\nyear in which the election is held with respect to which such con-\ntribution was made, is considered to be made during the calendar\nwas\nyear in which such election is held.\n(4) For purposes of this subsection-\n(A) contributions to a named candidate made to any po-\nlitical committee authorized by such candidate, in writing,\n46\nto accept contributions on his behalf shall be considered to be\nributions made to such candidate; and\ndate nominated by a political party for election to the office\n(B) contributions made to or for the benefit of any candi-\nof Vice President of the United States shall be considered to\nbe contributions made to or for the benefit of the candidate\nof such party for election to the office of President of the\nUnited States.\n(5) The limitations imposed by paragraphs (1) and (2) of this\nsubsection shall apply separately with respect to each election,\nexcept that all elections held in any calendar year for the office of\nPresident of the United States (except a general election for such\noffice) shall be considered to be one election.\n(6) For purposes of the limitations imposed by this section, all\ncontributions made by a person, either directly or indirectly, on\nbehalf of a particular candidate, including contributions which\nare in any way earmarked or otherwise directed through an in-\ntermediary or conduit to such candidate, shall be treated as con-\ntributions from such person to such candidate. The intermediary\nor conduit shall report the original source and the intended re-\ncipient of such contribution to the Commission and to the intended\nrecipient.\n(c) Limitations on expenditures.\n(1) No candidate shall make expenditures in excess of-\n(A) ten million dollars. in the case of a candidate for\nnomination for election to the office of President of the United\nStates, except that the aggregate of expenditures under this\nsubparagraph in any one State shall not exceed twice the\nexpenditure limitation applicable in such State to a candi-\ndate for nomination for election to the office of Senator, Dele-\ngate. or Resident Commissioner, as the case may be;\n(B) twenty million dollars, in the case of a candidate for\nelection to the office of President of the United States;\n(C) in the case of any campaign for nomination for elec-\ntion by a candidate for the office of Senator or by a candidate\nfor the office of Representative from a State which is entitled\nto only one Representative, the greater of-\n(i) eight cents multiplied by the voting age population\nof the State (as certified under subsection (g)) ; or\n(ii) one hundred thousand dollars;\n(D) in the case of any campaign for election by a candidate\nfor the office of Senator or by a candidate for the office of\nRepresentative from a State which is entitled to only one\nRepresentative, the greater of-\n(i) twelve cents multiplied by the voting age popula-\ntion of the State (as certified under subsection (g) ; or\n(ii) one hundred fifty thousand dollars;\n(E) seventy thousand dollars, in the case of any campaign\nfor nomination for election, or for election. by a candidate for\nthe office of Representative in any other State, Delegate from\nthe District of Columbia, or Resident Commissioner; or\n47\n(F) fifteen thousand dollars, in the case of any campaign\nfor nomination for election, or for election, by a candidate for\nthe office of Delegate from Guam or the Virgin Islands.\n(2) For purposes of this subsection-\n(A) expenditures made by or on behalf of any candidate\nnominated by a political party for election to the office of\nVice President of the United States shall be considered to be\nexpenditures made by or on behalf of the candidate of such\nparty for election to the office of President of the United\nStates; and\n(B) an expenditure is made on behalf of a candidate, in-\ncluding a vice presidential candidate, if it is made by-\n(i) an authorized committee or any other agent of the\ncandidate for the purposes of making any expenditure;\nor\n(ii) any person authorized or requested by the\ncandidate, an authorized committee of the candidate, or\nan agent of the candidate, to make the expenditure.\n(3) The limitations imposed by subparagraphs (C), (D), (E),\nand (F) of paragraph (1) of this subsection shall apply sepa-\nrately with respect to each election.\n(4) The Commission shall prescribe rules under which any\nexpenditure by a candidate for presidential nomination for use\nin 2 or more States shall be attributed to such candidate's expendi-\nture limitation in each such State, based on the voting age popu-\nlation in such State which can reasonably be expected to be in-\nfluenced by such expenditure.\n(d) Adjustment of limitations based on price index.\n(1) At the beginning of each calendar year (commencing in\n1976), as there become available necessary data from the Bureau\nof Labor Statistics of the Department of Labor, the Secretary of\nLabor shall certify to the Commission and publish in the Federal\nRegister the per centum difference between the price index for\nthe 12 months preceding the beginning of such calendar year and\nthe price index for the base period. Each limitation established\nby subsection (c) and subsection (f) shall be increased by such\nper centum difference. Each amount SO increased shall be the\namount in effect for such calendar year.\n(2) For purposes of paragraph (1)-\n(A) the term \"price index\" means the average over a cal-\nendar year of the Consumer Price Index (all items-United\nStates city average) published monthly by the Bureau of\nLabor Statistics; and\n(B) the term \"base period\" means the calendar year 1974.\n(e) Expenditures relative to clearly identified candidate.\n(1) No person may make any expenditure (other than an ex-\npenditure made by or on behalf of a candidate within the mean-\ning of subsection (c) (2) (B) relative to a clearly indentified can-\ndidate during a calendar year which, when added to all other\nexpenditures made by such person during the year advocating the\nelection or defeat of such candidate, exceeds $1,000.\n48\n(2) For purposes of paragraph (1)-\n(A) \"clearly identified\" means—\nnext\n(i) the candidate's name appears;\nlation\n(ii) a photograph or drawing of the candidate ap-\n(h)\nknow\npears; or\n(iii) the identity of the candidate is apparent by\ntion 0\nunambiguous reference.\ncal CC\n(B) \"expenditure\" does not include any payment made\nbenefi\nor incurred by a corporation or a labor organization which,\nbehal\nunder the provisions of the last paragraph of section 610 of\ntribut\nthis title, would not constitute an expenditure by such cor-\n(i)\nporation or labor organization.\nshall\n(f) Exceptions for national and State committees.\nyear,\n(1) Notwithstanding any other provision of law with respect\n§ 609\nto limitations on expenditures or limitations on contributions,\n$ 610\nthe national committee of a political party and 2 State committee\nof a political party, including any subordinate committee of a\nIt\nState committee, may make expenditures in connection with the\nby a\ngeneral election campaign of candidates for Federal office, subject\nitur\nto the limitations contained in paragraphs (2) and (3) of this\nnect\nsubsection.\nheld\n(2) The national committee of a political party may not make\nwho\nany expenditure in connection with the general election campaign\nitur\nof any candidate for President of the United States who is affili-\npres\nated with such party which exceeds an amount equal to 2 cents\nor I\nmultiplied by the voting age population of the United States (as\nneet\ncertified under subsection (g)). Any expenditure under this para-\nhele\ngraph shall be in addition to any expenditure by a national com-\ncan\nmittee of a political party serving as the principal campaign com-\ncon\nmittee of a candidate for the office of President of the United\nE\nStates.\ntio:\n(3) The national committee of a political party, or 8. State\nthe\ncommittee of a political party, including any subordinate commit-\nof\ntee of 3 State committee, may not make any expenditure in con-\nper\nnection with the general election campaign of a candidate for\nan\nFederal office in a State who is affiliated with such party which\nof\nexceeds—\n(A) in the case of a candidate for election to the office of\nfin\nSenator, or of Representative from a State which is entitled\nbe\nto only one Representative, the greater of-\n(i) two cents multiplied by the voting age population\nof the State (as certified under subsection (g) ; or\n(ii) twenty thousand dollars; and\n(B) in the case of a candidate for election to the office of\nRepresentative, Delegate, or Resident Commissioner in any\nother State, $10,000.\n(g) Voting age population estimates. During the first week of Jan-\nuary 1975, and every subsequent year, the Secretary of Commerce shall\ncertify to the Commission and publish in the Federal Register an\nestimate of the voting age population of the United States. of each\nState, and of each congressional district as of the first day of July\n49\nnext preceding the date of certification. The term \"voting age popu-\nlation' means resident population, 1S years of age or older.\n(h) Knowing violations. No candidate or political committee shall\nap-\nknowingly accept any contribution or make any expenditure in viola-\nby\ntion of the provisions of this section. No officer or employee of 2 politi-\ncal committee shall knowingly accept a contribution made for the\nade\nbenefit or use of 2 candidate, or knowingly make any expenditure on\nich,\nbehalf of 2 candidate, in violation of any limitation imposed on con-\nof\ntributions and expenditures under this section.\n(i) Penalties. Any person who violates any provision of this section\nshall be fined not more than $25,000 or imprisoned not more than 1\nyear, or both.\n§ 609. [Repealed]\npect\nons,\n§ 610. Contributions or expenditures by national banks, corpora-\nttee\ntions or labor organizations\nof a\nIt is unlawful for any national bank, or any corporation organized\nthe\nby authority of any law of Congress. to make a contribution or expend-\nject\niture in connection with any election to any political office, or in con-\nthis\nnection with any primary election or political convention or caucus\nheld to select candidates for any political office, or for any corporation\nlake\nwhatever, or any labor organization to make 3 contribution or expend-\nsign\niture in connection with any election at which presidential and vice\nSili-\npresidential electors or a Senator or Representative in, or a Delegate\nents\nor Resident Commissioner to Congress are to be voted for, or in con-\n(as\nnection with any primary election or political convention or caucus\nara-\nheld to select candidates for any oi the foregoing offices, or for any\nom-\ncandidate, political committee, or other person to accept or receive any\ntom-\ncontribution prohibited by this section.\nited\nEvery corporation or labor organization which makes any contribu-\ntion or expenditure in violation of this section shall be fined not more\ntate\nthan $25,000; and every officer or director of any corporation, or officer\nmit-\nof any labor organization, who consents to any contribution or ex-\ncon-\npenditure by the corporation or labor organization as the case may be,\nfor\nand any person who accepts or receives any contribution, in violation\nhich\nof this section, shall be fined not more than $1,000 or imprisoned not\nmore than 1 year, or both; and if the violation was willful, shall be\ne of\nfined not more than $50,000 or imprisoned not more than 2 years or\nitled\nboth.\nFor the purposes of this section \"labor organization\" means any or-\ntion\nganization of any kind, or any agency or employee representation com-\nmittec or plan, in which employees participate and which exist for the\npurpose, in whole or in part, of dealing with employers concerning\ne of\ngrievances, labor disputes, wages, rates of pay, hours of employment,\nany\nor conditions of work.\nAs used in this section, the phrase \"contribution or expenditure\"\nJan-\nshall include any direct or indirect payment, distribution, loan, ad-\nshall\nvance, deposit, or gift of money, or any services, or anything of value\nr an\n(except a loan of money by a national or State bank made in accordance\neach\nwith the applicable banking laws and regulations and in the ordinary\nJuly\n50\ncourse of business) to any candidate, campaign committee, or political\nparty or organization, in connection with any election to any of the\n§ 612.\noffices referred to in this section; but shall not include communications\nWho\nby a corporation to its stockholders and their families or by a labor\nor dist\norganization to its members and their families on any subject; non-\nsame.\npartisan registration and get-out-the-vote campaigns by a corporation\npositer\naimed at its stockholders and their families, or by a labor organization\nthe P\naimed at its members and their families; the establishment, administra-\ntranst\ntion, and solicitation of contributions to a separate segregated fund to\npampl\nbe utilized for political purposes by a corporation or labor organiza-\nstatem\ntion: Provided, That it shall be unlawful for such a fund to make a con-\nclare\ntribution or expenditure by utilizing money or anything of value\nthe U\nsecured br physical force. job discrimination. financial reprisals, or the\nResids\nthreat of force, job discrimination, or financial reprisal; or by dues,\nelectic\nfees, or other monies required as a condition of membership in a labor\nhis in\norganization on as a condition of employment, or by monies obtained\nthe TL:\nin any commercial transaction.\nrespor\nnames\n§ 611. Contributions by Government contractors\ntion,s S\nWhoever-\nyear,\n(a) entering into any contract with the United States or any\n§ 613.\ndepartment or agency thereof either for the rendition of personal\nservices or furnishing any material, supplies. or equipment to the\nWL\nUnited States or any department or agency thereof or for selling\nperson\nof val\nany land or building to the United States or any department or\nbutio\nagency thereof, if payment for the performance of such contract\nnectic\nor payment for such material, supplies, equipment. land, or build-\ncandi\ning to be made in whole or in part from funds appropriated by\nWE\nthe Congress, at any time between the commencement of negotia-\ntion\ntions for and the later of-\n(1) the completion of performance under: or\n$25,0\n(2) the termination of negotiations for, such contract or\nAs\nfurnishing of material, supplies, equipment, land or build-\nings;\ndirectly or indirectly makes any contribution of money or other\nthing of value, or promises expressly or impliedly to make any\nsuch contribution, to any political party, committee, or candidate\nfor public office or to any person for any political purpose or use;\nor\n(b) knowingly solicits any such contribution from any such\nperson for any such purpose during any such period;\n§ 61-\nshall be fined not more than $25,000 or imprisoned not more than 5\n(a\nyears, or both.\nperse\nThis section does not prohibit cr make unlawful the establishment\ntribu\nor administration of, or the solicitation of contributions to, any sepa-\nby or\nrate segregated fund by any corporation or labor organization for the\n(b\npurpose of influencing the nomination for election, or election. of any\nthan\nperson to Federal office. unless the provisions of section 610 of this title\n§ 615\nprohibit or make unlawful the establishment or administration of, or\nthe solicitation of contributions to, such fund.\n(a\nFor purposes of this section, the term \"labor organization\" has the\nStat\nmeaning given it by section 610 of this title.\ncand\n51\n§ 612 Publication or distribution of political statements\nWhoever willfully publishes CT distributes or causes to be published\nor distributed, or for the purpose of publishing or distributing the\nsame, knowingly deposits for mailing or delivery or causes to be de-\nposited for mailing or delivery, or, except in cases of employees of\nthe Postal Service in the official discharge of their duties, knowingly\ntransports or causes to be transported in interstate commerce any card,\npamphlet, circular, poster, dodger, advertisement, writing, or other\nstatement relating to or concerning any person who has publicly de.\nclared his intention to seek the office of President, or Vice President of\nthe United States, or Senator or Representative in, or Delegate or\nResident Commissioner to Congress, in a primary, general, or special\nelection, or convention of a political party, or has caused or permitted\nhis intention to do so to be publicly declared, which does not contain\nthe names of the persons, associations, committees. or corporations\nresponsible for the publication or distribution of the same, and the\nnames of the officers of each such association, committee, or corpora-\ntion, shall be fined not more than $1,000 or imprisoned not more than 1\nyear, or both.\n§ 613. Contributions by foreign nationals\nWhoever, being a foreign national, directly or through any other\nperson, knowingly makes any contribution of money or other thing\nof value, or promises expressly or impliedly to make any such contri-\nbution, in connection with an election to any political office or in con-\nnection with any primary election, convention, or caucus held to select\nd-\ncandidates for any political office; or\nWhoever knowingly solicits, accepts, or receives any such contribu-\ntion from any such foreign national, shall be fined not more than\n$25,000 or imprisoned not more than 5 years or both.\nAs used in this section, the term \"foreign national\" means-\n(1) a foreign principal. as such term is defined by section (b)\nof the Foreign Agents Registration Act of 1938 (22 U.S.C.\n§ 611(b)), except that the term \"foreign national\" shall not in-\nclude any individual who is a citizen of the United States; or\n(2) an individual who is not a citizen of the United Statés and\nwho is not lawfully admitted for permanent residence, as defined\nby section 101 (a) (20) of the Immigration and Nationality Act\n(8 U.S.C. § 1101 (a) (20)).\n§ 614. Prohibition of contributions in name of another\n5\n(a) No person shall make a contribution in the name of another\nperson or knowingly permit his name to be used to effect such a con-\nnt\ntribution, and no person shall knowingly accept a contribution made\n)a-\nby one person in the name of another person.\nthe\n(b) Any person who violates this section shall be fined not more\nny\nthan $25,000 or imprisoned not more than 1 year, or both.\nthe\n§ 615. Limitation on contributions of currency\nor\n(a) No person shall make contributions of currency of the United\nthe\nStates or currency of any foreign country to or for the benefit of any\ncandidate which, in the aggregate, exceed $100, with respect to any\n52\ncampaign of such candidate for nomination for election, or for elec-\ntion, to Federal office.\n(b) Any person who violates this section shall be fined not more\nthan $25,000 or imprisoned not more than 1 year, or both.\n§ 616. Acceptance of excessive honorariums\nWhoever, while an elected or appointed officer or employee of any\nbranch of the Federal Government-\n(1) accepts any honorarium of more than $1,000 (excluding\namounts accepted for actual travel and subsistence expenses) for\nany appearance, speech, or article; or\n(2) accepts honorariums (not prohibited by paragraph (1) of\nthis section) aggregating more than $15,000 in any calendar year;\nshall be fined not less than $1,000 nor more than $5,000.\n§ 617. Fraudulent misrepresentation of campaign authority\nWhoever, being 2 candidate for Federal office or an employee or\nagent of such a candidate-\n(1) fraudulently misrepresents himself or any committee or\norganization under his control as speaking or writing or other-\nwise acting for or on behalf of any other candidate or political\nparty or employee or agent thereof on a matter which is damag-\ning to such other candidate or political party or employee or agent\nthereof; or\n(2) willfully and knowingly participates in or conspires to\nparticipate in any plan, scheme, or design to violate paragraph\n(1) ;\nshall, for each such offense, be fined not more than $25,000 or impris-\noned not more than 1 year, or both.\nTAB\nB\nTITLE 5. UNITED STATES CODE\nCHAPTER 73-SUITABILITY, SECURITY, AND CONDUCT\nSUBCHAPTER III-POLITICAL ACTIVITIES\nSec.\n7321. Political contributions and services.\n7322. Political use of authority or influence; prohibition.\n7323. Political contributions; prohibition.\n7324. Influencing elections; taking part in political campaigns; prohibitions; exceptions.\n7325. Penalties.\n7326. Nonpartisan political activity permitted.\n7327. Political activity permitted; employees residing in certain municipalities.\n§ 7321. Political contributions and services\nThe President may prescribe rules which shall provide, as nearly as condi-\ntions of good administration warrant, that an employee in an Executive\nagency or in the competitive service is not obliged, by reason of that\nemployment, to contribute to a political fund or to render political service,\nand that he may not be removed or otherwise prejudiced for refusal\nto do SO.\n§ 7322. Political use of authority or influence; prohibition\nThe President may prescribe rules which shall provide, as nearly as condi-\ntions of good administration warrant, that an employee in an Executive\nagency or in the competitive service may not use his official authority or\ninfluence to coerce the political action of a person or body.\n§ 7323. Political contributions; prohibition\nAn employee in an Executive agency (except one appointed by the Presi-\ndent, by and with the advice and consent of the Senate) may not request\nor receive from, or give to, an employee, a Member of Congress, or an\nofficer of a uniformed service a thing of value for political purposes. An\nemployee who violates this section shall be removed from the service.\n§ 7324. Influencing elections; taking part in political campaigns; prohibi-\ntions; exceptions\n(a) An employee in any Executive agency or an individual employed by\nthe Government of the District of Columbia may not-\n(1) use his official authority or influence for the purpose of interfering\nwith or affecting the result of an election; or\n(2) take an active part in political management or in political cam-\npaigns.\nFor the purpose of this subsection, the phrase \"an active part in political\nmanagement or in political campaigns\" means those acts of political man-\nagement or political campaigning which were prohibited on the part of\nemployees in the competitive service before July 19, 1940, by determina-\ntions of the Civil Service Commission under the rules prescribed by the\nPresident.\n(b) An employee or individual to whom subsection (a) of this section\napplies retains the right to vote as he chooses and to express his opinion\n6\non political subjects and candidates.\n(c) Subsection (a) of this section does not apply to an individual\nemployed by an educational or research institution, establishment, agency,\nor system which is supported in whole or in part by the District of Colum-\nbia or by a recognized religious, philanthropic, or cultural organization.\n(d) Subsection (a)(2) of this section does not apply to-\n(1) an employee paid from the appropriation for the office of the\nPresident;\n(2) the head or the assistant head of an Executive department or\nmilitary department;\n(3) an employee appointed by the President, by and with the consent\nof the Senate, who determines policies to be pursued by the United\nStates in its relations with foreign powers or in the nationwide admin-\nistration of Federal laws;\n(4) the Commissioners of the District of Columbia; or\n(5) the Recorder of Deeds of the District of Columbia.\n§ 7325. Penalties\nAn employee or individual who violates section 7324 of this title shall be\nremoved from his position, and funds appropriated for the position from\nwhich removed thereafter may not be used to pay the employee or indi-\nvidual. However, if the Civil Service Commission finds by unanimous vote\nthat the violation does not warrant removal, a penalty of not less than\n30 days' suspension without pay shall be imposed by direction of the\nCommission.\n§ 7326. Nonpartisan political activity permitted\nSection 7324 (a)(2) of this title does not prohibit political activity in con-\nnection with-\n(1) an election and the preceding campaign if none of the candidates\nis to be nominated or elected at that election as representing a party\nany of whose candidates for presidential elector received votes in the\nlast preceding election at which presidential electors were selected; or\n(2) a question which is not specifically identified with a National or\nState political party or political party of a territory or possession of the\nUnited States.\nFor the purpose of this section, questions relating to constitutional amend-\nments, referendums, approval of municipal ordinances, and others of a\nsimilar character, are deemed not specifically identified with a National\nor State political party or political party of a territory or possession of the\nUnited States.\n§ 7327. Political activity pemitted; employees residing in certain munici-\npalities\n(a) Section 7324 (a)(2) of this title does not apply to an employee of\nThe Alaska Railroad who resides in a municipality on the line of the rail-\nroad in respect to political activities involving that municipality.\n(b) The Civil Service Commission may prescribe regulations permitting\nemployees and individuals to whom section 7324 of this title applies to\ntake an active part in political management and political campaigns involv-\ning the municipality or other political subdivision in which they reside,\n7\nto the extent the Commission considers it to be in their domestic interest,\nwhen-\n(1) the municipality or political subdivision is in Maryland or Virginia\nand in the immediate vicinity of the District of Columbia, or is a munici-\npality in which the majority of voters are employed by the Government\nof the United States; and\n(2) the Commission determines that because of special or unusua!\ncircumstances which exist in the municipality or political (subdivision\nit is in the domestic interest of the employees and individuals to permit\nthat political participation.\n8\nTAB\nC\nCODE OF FEDERAL REGULATIONS\nTitle 5\nADMINISTRATIVE PERSONNEL\n(6) Attend a political convention, rally,\nfund-raising function; or other political gath-\nering;\nPART 733-POLITICAL ACTIVITY OF\n(7) Sign a political petition as cn in-\nFEDERAL EMPLOYEES\ndividual;\n(8) Make a financial contribution to a\nSubport A- The Competitive Service\npolitical party or organization;\nGENERAL PROVISIONS\n(9) Take an active part, as an independ-\n733.101 Definitions.\nent candidate, or in support of on independ-\nIn this subpart:\nent candidate, in a partison election covered\n(o) \"Employee\" means on individual who\nby § 733.124:\noccupies a position in the competitive service;\n(10) Take on active part, as a candi-\n(b) \"Agency\" means on executive agency\ndate or in support of a condidate, in a non-\nand the government of the District of Columbia;\npartisan election;\n(c) \"Political party\" means 10 National\n(11) Be politically active in connection\npolitical party, a State political party, and an\nwith a question which is not specifically\naffiliated organization;\nidentified with a political party, such as a\n(d) \"Election\" includes aprimary, special,\nconstitutional amendment, referendum, approval\nand general election;\nof a municipal ordinance or any other question\n(e) \"Nonpartisan election\" means-\nor issue of a similar character;\n(1) An election at which none of the candi-\n(12) Serve as on election judge or clerk,\ndates is to be nominated or elected as repre-\nor in a similar position to perform nonpartisen\nsenting a political party any of whose candi-\nduties as prescribed by State or local law;\ndates for presidential elector received votes\nand\nin the last preceding election at which presi-\n(13) Otherwise participate fully in public\ndential electors were selected; and\naffairs, except as prohibited by law, in a\n(2) An election involving a question or\nmanner which does not materially compromise\nissue which is not specifically identified with\nhis efficiency or integrity as on employee or\na political party, such as a constitutional\nthe neutrality, efficiency, or integrity of\namendment, referendum, approval of a municipal\nhis agency.\nordinance, or any question or issue of a similar\n(b) Paragraph (a) of this section does\ncharacter; and\nnot authorize on employee to engage in politi-\n(f) \"Partison\" when used as on adjective\ncal activity in violation of law, while on duty,\nrefers to a political party.\nor while in o uniform that identifies him as on\nemployee. The head of on agency may prohibit\nor limit the participation of an employee or\nclass of employees of his agency in an activity\nPERMISSIBLE ACTIVITIES\npermitted by paragraph (a) of this section,\n733.111 Permissible activities.\nif participation in the activity would interfere\n(a) All employees are free to engage in\nwith the efficient performance of official duties,\npolitical activity to the widest extent consis-\nor create a conflict or apparent conflict\ntent with the restrictions imposed by law and\nof interests.\nthis subpart. Each employee retains the right\nto\n(1) Register and vote in any election;\n(2) Express his opinion as an individ-\nval privately and publicly on political subjects\nPROHIBITED ACTIVITIES\nand condidates;\n§ 733.121 Use of official authority; prohibition.\n(3) Display a political picture, sticker,\nAn employee may not use his official\nbadge, or button;\nauthority or influence for the purpose of inter-\n(4) Participate in the nonpartisan acti-\nfering with or affecting the result of an election.\nvities of a civic, community, social, labor,\nor professional organization, or of a similar\norganization;\n§ 733.122 Political management and political\n(5) Be a member of a political party or\ncompaigning; prohibitions.\nother political organization and participate\n(a) An employee may not take an active\nin its activities to the exterit consistent\nport in political management or in a political\nwith law;\ncampaign, except as permitted by this subpart.\nGC 41\nFEBRUARY 1972\n(b) Activities prohibited by paragraph\nrailroad in respect to political activities invoiv-\n(c) of this section include but are not limited to-\ning that municipality;\n(1) Serving as an officer of a political\n(3) Subject to the conditions of section\nparty, a member of a National, State, or local\n733.124, on employee who resides in a munici-\ncommittee of a political party, cn officer or\npality or other political subdivision designated\nmember of a committee of a partisan political\nby the commission under that section; or\nclub, or being a candidate for any of these\n(4) An employee who works on on irregular\npositions;\nor occasional basis, on the days that he per-\n(2) Organizing or reorganizing a political\nforms no services.\nparty organization or political club;\n(3) Directly or indirectly soliciting, receiv-\ning, collecting, handling, disbursing, or ac-\ncounting for assessments, contributions, or\nother funds for a partison political purpose;\n733.124 Political management and political\ncompaigning; exception of certain\n(4) Organizing, selling tickets to, pro-\nelections.\nmoting, or actively participating in a fund-\n(a) Section 733.122 does not prohibit\nraising activity of a partisan candidate, politi-\nactivity in political management or in a political\ncal party, or political club;\ncampaign by an employee in connection with -\n(5) Taking an active part in managing\n(1) A nonpartiscn election, or\nthe political campaign of a partisan candidate\n(2) Subject to the conditions and limitations\nfor public office or political party office;\nestablished by the Commission, an election held\n(6) Becoming a partisan candidate for,\nin a municipality or political subdivision desig-\nor campaigning for, an elective public office;\nnoted by the Commission under paragraph (b) of\n(7) Soliciting votes in support of or in\nthis section.\nopposition to a partisan candidate for public\n(b) For the purpose of subparagraph (2) of\noffice or political party office;\nparagraph (a) of this section, the Commission\n(8) Actingas recorder, watcher, challenger,\nmay designate a municipality or political sub-\nor similar officer at the polls on behalf of a\ndivision in Maryland or Virginia in the im-\npolitical party or partisan candidate;\nmediate vicinity of the District of Columbia\n(9) Driving voters to the polls on behalf of\nor a municipality in which the majority of voters\na political party or partison candidate;\nare employed by the Government of the United\n(10) Endorsing or opposing a partisan can-\ndidate for public office or political party office\nStates, when the Commission determines that,\nin a political advertisement, a broadcast, cam-\nbecause of special or unusual circumstances, it\npaign literature, or similar material;\nis in the domestic interest of employees to por-\nticipate in local elections. Information as to\n(11) Serving as a delegate, alternate, or\nthe documentation required to support a request\nproxy to a political party convention;\nfor designation is furnished by the Commission\n(12) Addressing a convention, caucus,\nrally or similar gathering of a political party in\non request. The Commission has designated the\nsupport of or in opposition to a partisan can-\nfollowing municipalities and political sub-\ndidate for public office or political party office;\ndivisions, effective on the date specified:\nand\nIN MARYLAND\n(13) Initiating or circulating a partisan\nAnnapolis (May 16, 1941).\nnominating petition.\nBerwyn Heights (June 15, 1944).\nBethesda (Feb. 17, 1943).\nBladensburg (Apr. 20, 1942).\nBowie (Apr. 11, 1952).\n733.123 Prohibited activity; exception of\nBrentwood (Sept. 26, 1940).\ncertain employees.\nCopitol Heights (Nov. 12, 1940).\n(a) Sections 733.121 and 733.122 do not\nCheverly (Dec. 18, 1940).\napply to an employee of an educational or re-\nChevy Chase, sections 1 and 2 (Mar. 4, 1941).\nsearch institution, establishment, agency, or\nChevy Chase, section 3 (Oct. 8, 1940).\nsystem which is supported in whole or in part\nChevy Chase, section 4 (Oct. 2, 1940).\nby the District of Columbia or by a recognized\nMartin's Additions 1, 2, 3, and 4 to Chevy Chase\nreligious, philanthropic, or cultural organization.\n(Feb. 13, 1941).\n(b) Section 733.122 does not apply to -\nChevy Chase View (Feb. 26, 1941).\n(1) An individual exempted under section\nCollege Park (June 13, 1945).\n7324(d) of title 5, United States Code;\nCottage City (Jan. 15, 1941).\n(2) An employee of The Alaska Railroad\nDistrict Heights (Nov. 2, 1940).\nwho resides in a municipality on the line of the\nEdmonston (Cct. 24. 1940).\nFairmont Heights (Oct. 24, 1940).\nPort Orchard, Wash. (Feb. 27, 1946).\nForest Heights (April 22, 1949).\nShrewsbury Township, N. J. (July 2, 1963).\nGarrett Park (Oct. 2, 1940).\nSierra Vista, Ariz. (Oct. 5, 1955).\nGlenarden (May 21, 1941).\nWarner Robins, Ga. (Mar. 19, 1948).\nGlen Echo (Oct. 22, 1940).\nGreenbelt (Oct. 4, 1940).\n(c) An employee who resides in a munici-\nHyattsville (Sept. 20, 1940).\npolity or political subdivision listed in pera\nKensington (Nov. 8, 1940).\ngraph (b) of this section may take on active part\nLandover Hills (May 5, 1945).\nin political management and political campaigns\nMontgomery County (April 30, 1964).\nin connection with partison elections for local\nMorningside (May 19, 1949).\noffices of the municipality or political sub-\nMount Rainier (Nov. 22, 1940).\ndivision, subject to the following limitations:\nNorth Beach (Sept. 20, 1940).\n(1) Participation in politics shall be as an\nNorth Brentwood (May 6, 1941).\nindependent candidate or on behalf of, or in\nNorth Chevy Chase (July 22, 1942).\nopposition to, on independent candidate.\nNorthwest Park (Feb. 17, 1943).\n(2) Candidacy for, and service in, on\nPrince Georges County (June 19, 1962).\nelective office shall not result in neglect of or\nRiverdale (Sept. 26, 1940).\ninterference with the performance of the duties\nRockville (April 15, 1948).\nof the employee or create a conflict, or apparent\nSeat Pleasant (Aug. 31, 1942).\nconflict, of interests.\nSomerset (Nov. 22, 1940).\nTakoma Park (Oct. 22, 1940).\nUniversity Park (Jan. 18, 1941).\nSubport B-The Excepted Service\nWashington Grove (April 5, 1941).\n733.201 § Jurisdiction.\nSections 733.111-733.124 apply to on em-\nIN YIRGINIA\nployee in the excepted service. It is the respon-\nAlexandria (April 15, 1941).\nsibility of the employing agency to investigate\nArlington County (Sept. 9, 1940).\nand decide allegations of prohibited political\nClifton (July 14, 1941).\nactivity on the part of such an employee.\nFairfax County (Nov. 10, 1949).\nTown of Fairfax (Feb. 9, 1954).\nSubport C- The Job Corps\nFalls Church (June 6, 1941).\nHerndon (April 7, 1945).\n733.301 Coverage\nLoudoun County (Oct. 1, 1971).\nThis subport applies to each officer, em-\nPortsmouth (Feb. 27, 1958).\nployee, and enrollee of the Job Corps estab-\nPrince William County (Feb. 14, 1967).\nlished by the Economic Opportunity Act of 1964,\nVienna (March 18, 1946).\nas amended, who is alleged to have engaged in\npolitical activity in violation of that act.\nOTHER MUNICIPALITIES\nAnchorage, Alaska (Dec. 29, 1947).\nSubport D- The U. S. Postal Service\nBenicia, Calif, (Feb. 20, 1948).\nBremerton, Wash. (Feb. 27, 1946).\n§ 733.401 Jurisdiction.\nCenterville, Ga. (Sept. 16, 1971).\nSections 733.111 -733.124 apply to on em-\nCrane, Indiana (Aug. 3, 1967).\nployee of the U. S. Postal Service. By agree-\nElmer City, Wash. (Oct. 28, 1947).\nment with this agency, the Civil Service Com-\nHuachuca City, Ariz. (April 9, 1959).\nmission investigates and adjudicates an\nNew Johnsonville, Tenn. (April 26, 1956).\nallegation of political activity in violation of\nNorris, Tenn. (May 6, 1959).\nthese sections by a covered agency employee.\nGERALD\nA. FORD HIBRARY"
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