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Ford, Gerald R. - Vice Presidential Confirmation - General (3)
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The original documents are located in Box 1, folder "Ford, Gerald R. - Vice Presidential
Confirmation - General (3)" of the Benton L. Becker Papers at the Gerald R. Ford
Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Benton Becker donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 1 of the Benton Becker Papers at the Gerald R. Ford Presidential Library
November 13, 1973
Mr. Donald C. Alexander
Commissioner
Internal Revenue Service
Washington, D. C. 20224
Dear Commissioner Alexander:
I received your report dated November 9, 1973, relative to the
audit of my income tax returns for the taxable years 1967-1972,
inclusive.
It would be appreciated if you would make available to me
additional information which would reflect the scope of the
examination, all issues raised and the overall results of your
examination.
I realize this could involve a disclosure problem. However, as
an alternative and without regard to any possible statutory
restrictions on disclosure of such information, I would appreciate
it if you would make this information available to the Joint
Committee on Internal Revenue Taxation for their information
and use. Moreover, I request that all information furnished to
the Joint Committee be made available by the Joint Committee to
the Chairman of the appropriate committees concerned with my
confirmation for their use in any manner they deem advisable.
Sincerely,
Gerald R. Ford, M.C.
GRF:fd
Call pu Gouran
GERALD R LISHARY FORD
STATEMENT BY THE HONORABLE GERALD R. FORD
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES
BEFORD THE HOUSE COMMITTEE ON THE JUDICIARY
THURSDAY, NOV. 15, 1973
ADVANCE FOR RELEASE AT 10:00 A.M. E.S.T.
I am no stranger to a hearing room of the House of Representatives
but this is the first time I have come before this or any other Committee of
the House in the capacity of a nominee for confirmation. Indeed it is the
first time in our history that anybody has. The 25th Amendment to the Con-
stitution, which was framed in this Committee eight years ago, establishes
the precedent that the House of Representatives as well as the Senate must
advise and consent to the nomination by the President of a person to fill a
vacancy in the office of Vice President of the United States.
I am glad to be the guinea pig for this experiment and hope that the
surgeons are skillful and the patient survives.
In a more serious vein, I hope that the solemn Constitutional duty we
are about to undertake will be an important part of the healing process that
our government and our great country so desperately need and demand today.
The llouse has been my home for 25 years. I know all of you and you
all have known me on a day-to-day basis for all or some of those years. Your
distinguished Chairman and I stood together and simultaneously swore to the
same oath of office as freshmen Members on January 3, 1949. For nearly 11
years your distinguished Ranking Minority Member and I have been working
together on behalf of our neighboring districts in Michigan.
Being a lawyer I have a special respect for the competence and probity
of the Committee on the Judiciary to which the rules and traditions of the
House have assigned some of the most momentous Constitutional responsibilities
of the Congress.
To these heavy duties, fate and the untried 25th Amendment have added
another, to test the qualifications and character of a potential Vice President
of the United States. Of course, every Vice President is by definition a
potential President of the United States.
This is an awesome obligation, both for you and for me, one which in
the past has been left to the wisdom or unwisdom of party standard bearers,
(more)
GERALD LIBRARY
-2-
political conventions and the more or less automatic acceptance of the
electorate.
On one early occasion, when the electoral vote was tied, a Vice
President was chosen by the Senate, but until today the House of Representa-
tives has never had a voice in the selection of the President of the Other
Body.
Speaking as a man of the House and a colleague, I want this Committee
and the whole House to do a good job. Over the past four weeks, some of my
loyal and impatient friends have said to me, "Why are they taking so long?
We can understand the Senate where they don't know you so well. But the House
should have confirmed you by unanimous consent the next morning."
Such sentiments make me feel good, of course. But I doubt whether I
could have gotten unanimous consent. And even if a few Members could have
been lured into the cloakrooms, it wouldn't have been good for the country.
It is the country we have to think about, Mr. Chairman and members of
the Committee, not Jerry Ford or the House or the Congress or majority or
minority or the segments of the country that each of us represent. I am sure
each and every one of us is thinking of the country, and will carry out in
our own ways the oath we have taken together.
So although we have been friends and I hope will be friends and col-
leagues, I want no special favor in presenting myself for your questions. I
ask that you consider me as you would any other American in my position -- or
perhaps I should say in my predicament -- and as you would the nominee of any
duly elected President under the provisions of the 25th Amendment.
I suspect that from the investigative reports you have received that
you know more about Jerry Ford than I know about myself -- the FBI wouldn't
let me read their report but I understand it is the most exhaustive they have
ever made, not to mention the investigations of the Internal Revenue Service,
the General Accounting Office, and your own thorough staff.
I believe I have co-operated fully and complied faithfully with every
request made of me for information and records bearing upon my fitness for
the office of Vice President, and while this has been a time-consuming and
monumental task, everyone concerned has conducted it with great courtesy and
(more)
GERALD
-3-
civility. I would like to see this spirit in public business become con-
tagious, Mr. Chairman.
There are just four points I would like to make at the outset.
Although I have said them publicly and before the Senate Committee I am
still a Member of the House, and I cannot quite consider them official until
they become a part of the record of this body, which I am not ashamed to
say I love deeply.
First, I have made some mistakes and will probably make some more. I
don't know anybody who hasn't. I hope my past mistakes have been honest
ones and that my future mistakes will be few. I hope I never get to the
point where I can't admit I'm wrong.
Second, I believe in looking forward rather than backward. Of course
we learn from the past, but we live for the present and the future. I don't
believe in replaying last Saturday's game but in training hard for next
Saturday's. I tend to forget the bad plays and remember the scoring ones
-- but the upcoming game is always the best of all.
Third, I think people ought to tell the truth. Especially politicians.
In the quarter century I have served in the Congress the best politicians
I have known have been those who never misled me or anybody else. They have
been the most successful, because people trusted them, and kept on re-
electing them. And in spite of all the cynicism you hear and read about
our profession of politics, I believe there are as many honest men and women
in it as in most occupations, and probably more.
Finally, I believe in friendly compromise. I said over in the Senate
hearings that truth is the glue that holds government together. Compromise
is the oil that makes government go.
The office in the Capitol which I have the honor to use, and which
regrettably I may have to move out of soon, was for many years the Speaker's.
During the period between the 79th and 84th Congresses the late Sam Rayburn
and the late Joe Martin had to switch offices so many times that the last
time they agreed to put a stop to it. So H-230 wound up the Minority
Leader's Office.
(more)
FORD LIBRARY A GERALD
-4-
These two great leaders of their respective parties fought their
legislative battles every day, but almost every evening after adjournment
they sat down in that office, with its beautiful sunset view down the Mall
to the Lincoln Memorial and poured a little of the potion which Mr. Sam
prescribed to "strike a blow for liberty". I believe he inherited that ex-
pression from Speaker and later Vice President John Nance Garner.
The Democrat from Texas Mr. Sam, and the Republican from Massachusetts
Mr. Martin were fast friends, and they shared their friendship with others
on Capitol Hill and with the transient occupants of the White House of both
parties who sought their help and counsel. I recall particularly President
Eisenhower telling how much he relied on Mr. Sam when the interests of the
country were really at stake. They could compete but they could also com-
promise.
Mr. Chairman, if I am confirmed as Vice President -- the first leader
of the House since Speaker Garner to make that abrupt change from one side
of the Capitol to the other -- my intention will be to use whatever reputa-
tion for truth and fairness I have acquired in the House, and whatever capacity
for friendship and reasonable compromise I have achieved in the House, to
make this government work better for the good of all Americans.
Not only as between the House and the Senate and between the Congress
and the Executive Branch, but between individuals in both parties who I am
proud to count as my friends. This is not a spectacular role for the next
three years, but it is one I believe to be needed, and to which I can bring
a certain amount of experience.
Mr. Chairman, I am continually being asked in recent weeks -- Do I
support the President on this? Do I support the President on that? Do I
support the President in general? I cannot imagine why people keep asking
me this and I am confident the members of this Committee will not do SO. My
colleagues know the answer very well, if they have been listening to me even
one-tenth of the time -- which is asking quite a lot.
Of course I support the President. He is my friend of a quarter cen-
tury. His political philosophy is very close to my own. He is the head of
my party and the Constitutional Chief Executive of the nation. He was chosen
(more)
-5-
quite emphatically by the people a year ago as I -- if confirmed as Vice
President -- will not have been.
Not only have I usually supported President Nixon in the House -- I
also supported Presidents Truman and Eisenhower and Kennedy and Johnson,
whenever the national interest was at stake. As a Member of Congress I have
voiced my support of Presidents publicly when I thought they were right and
my criticisms publicly when I thought they were wrong.
To be honest, I imagine that as Vice President you do your Presidential
criticizing a little more privately than publicly. But those of you who know
me know that I am my own man and that the only pledge by which I have bound
myself in accepting the President's trust and confidence is that by which we
are all bound before God and under the Constitution, to do our best for
America.
Ladies and Gentlemen, I am ready for your questions.
# # #
STATEMENT BY THE HONORABLE GERALD R. FORD
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES
BEFORD THE HOUSE COMMITTEE ON THE JUDICIARY
THURSDAY, NOV. 15, 1973
ADVANCE FOR RELEASE AT 10:00 A.M. E.S.T.
I am no stranger to a hearing room of the House of Representatives
but this is the first time I have come before this or any other Committee of
the House in the capacity of a nominee for confirmation. Indeed it is the
first time in our history that anybody has. The 25th Amendment to the Con-
stitution, which was framed in this Committee eight years ago, establishes
the precedent that the House of Representatives as well as the Senate must
advise and consent to the nomination by the President of a person to fill a
vacancy in the office of Vice President of the United States.
I am glad to be the guinea pig for this experiment and hope that the
surgeons are skillful and the patient survives.
In a more serious vein, I hope that the solemn Constitutional duty we
are about to undertake will be an important part of the healing process that
our government and our great country so desperately need and demand today.
The House has been my home for 25 years. I know all of you and you
all have known me on a day-to-day basis for all or some of those years. Your
distinguished Chairman and I stood together and simultaneously swore to the
same oath of office as freshmen Members on January 3, 1949. For nearly 11
years your distinguished Ranking Minority Member and I have been working
together on behalf of our neighboring districts in Michigan.
Being a lawyer I have a special respect for the competence and probity
of the Committee on the Judiciary to which the rules and traditions of the
House have assigned some of the most momentous Constitutional responsibilities
of the Congress.
To these heavy duties, fate and the untried 25th Amendment have added
another, to test the qualifications and character of a potential Vice President
of the United States. Of course, every Vice President is by definition a
potential President of the United States.
This is an awesome obligation, both for you and for me, one which in
the past has been left to the wisdom or unwisdom of party standard bearers,
(more)
-2-
political conventions and the more or less automatic acceptance of the
electorate.
On one early occasion, when the electoral vote was tied, a Vice
President was chosen by the Senate, but until today the House of Representa-
tives has never had a voice in the selection of the President of the Other
Body.
Speaking as a man of the House and a colleague, I want this Committee
and the whole House to do a good job. Over the past four weeks, some of my
loyal and impatient friends have said to me, "Why are they taking so long?
We can understand the Senate where they don't know you so well. But the House
should have confirmed you by unanimous consent the next morning."
Such sentiments make me feel good, of course. But I doubt whether I
could have gotten unanimous consent. And even if a few Members could have
been lured into the cloakrooms, it wouldn't have been good for the country.
It is the country we have to think about, Mr. Chairman and members of
the Committee, not Jerry Ford or the House or the Congress or majority or
minority or the segments of the country that each of us represent. I am sure
each and every one of us is thinking of the country, and will carry out in
our own ways the oath we have taken together.
So although we have been friends and I hope will be friends and col-
leagues, I want no special favor in presenting myself for your questions. I
ask that you consider me as you would any other American in my position -- or
perhaps I should say in my predicament -- and as you would the nominee of any
duly elected President under the provisions of the 25th Amendment.
I suspect that from the investigative reports you have received that
you know more about Jerry Ford than I know about myself -- the FBI wouldn't
let me read their report but I understand it is the most exhaustive they have
ever made, not to mention the investigations of the Internal Revenue Service,
the General Accounting Office, and your own thorough staff.
I believe I have co-operated fully and complied faithfully with every
request made of me for information and records bearing upon my fitness for
the office of Vice President, and while this has been a time-consuming and
monumental task, everyone concerned has conducted it with great courtesy and
(more)
-3-
civility. I would like to see this spirit in public business become con-
tagious, Mr. Chairman.
There are just four points I would like to make at the outset.
Although I have said them publicly and before the Senate Committee I am
still a Member of the House, and I cannot quite consider them official until
they become a part of the record of this body, which I am not ashamed to
say I love deeply.
First, I have made some mistakes and will probably make some more. I
don't know anybody who hasn't. I hope my past mistakes have been honest
ones and that my future mistakes will be few. I hope I never get to the
point where I can't admit I'm wrong.
Second, I believe in looking forward rather than backward. Of course
we learn from the past, but we live for the present and the future. I don't
believe in replaying last Saturday's game but in training hard for next
Saturday's. I tend to forget the bad plays and remember the scoring ones
--- but the upcoming game is always the best of all.
Third, I think people ought to tell the truth. Especially politicians.
In the quarter century I have served in the Congress the best politicians
I have known have been those who never misled me or anybody else. They have
been the most successful, because people trusted them, and kept on re-
electing them. And in spite of all the cynicism you hear and read about
our profession of politics, I believe there are as many honest men and women
in it as in most occupations, and probably more.
Finally, I believe in friendly compromise. I said over in the Senate
hearings that truth is the glue, that holds government together. Compromise
is the oil that makes government go.
The office in the Capitol which I have the honor to use, and which
regrettably I may have to move out of soon, was for many years the Speaker's.
During the period between the 79th and 84th Congresses the late Sam Rayburn
and the late Joe Martin had to switch offices so many times that the last
time they agreed to put a stop to it. So H-230 wound up the Minority
Leader's Office.
(more)
-4-
These two great leaders of their respective parties fought their
legislative battles every day, but almost every evening after adjournment
they sat down in that office, with its beautiful sunset view down the Mall
to the Lincoln Memorial and poured a little of the potion which Mr. Sam
prescribed to "strike a blow for liberty". I believe he inherited that ex-
pression from Speaker and later Vice President John Nance Garner.
The Democrat from Texas Mr. Sam, and the Republican from Massachusetts
Mr. Martin were fast friends, and they shared their friendship with others
on Capitol Hill and with the transient occupants of the White House of both
parties who sought their help and counsel. I recall particularly President
Eisenhower telling how much he relied on Mr. Sam when the interests of the
country were really at stake. They could compete but they could also com-
promise.
Mr. Chairman, if I am confirmed as Vice President -- the first leader
of the House since Speaker Garner to make that abrupt change from one side
of the Capitol to the other -- my intention will be to use whatever reputa-
tion for truth and fairness I have acquired in the House, and whatever capacity
for friendship and reasonable compromise I have achieved in the House, to
make this government work better for the good of all Americans.
Not only as between the House and the Senate and between the Congress
and the Executive Branch, but between individuals in both parties who I am
proud to count as my friends. This is not a spectacular role for the next
three years, but it is one I believe to be needed, and to which I can bring
a certain amount of experience.
Mr. Chairman, I am continually being asked in recent weeks -- Do I
support the President on this? Do I support the President on that? Do I
support the President in general? I cannot imagine why people keep asking
me this and I am confident the members of this Committee will not do SO. My
colleagues know the answer very well, if they have been listening to me even
one-tenth of the time -- which is asking quite a lot.
Of course I support the President. He is my friend of a quarter cen-
tury. His political philosophy is very close to my own. He is the head of
my party and the Constitutional Chief Executive of the nation. He was chosen
(more)
-5-
quite emphatically by the people a year ago as I -- if confirmed as Vice
President -- will not have been.
Not only have I usually supported President Nixon in the House -- I
also supported Presidents Truman and Eisenhower and Kennedy and Johnson,
whenever the national interest was at stake. As a Member of Congress I have
voiced my support of Presidents publicly when I thought they were right and
my criticisms publicly when I thought they were wrong.
To be honest, I imagine that as Vice President you do your Presidential
criticizing a little more privately than publicly. But those of you who know
me know that I am my own man and that the only pledge by which I have bound
myself in accepting the President's trust and confidence is that by which we
are all bound before God and under the Constitution, to do our best for
America.
Ladies and Gentlemen, I am ready for your questions.
# # #
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Signature
FORD R. GERALO LIBRARY
Chwa typ - 1600 - Gifts+ cloihs
LRS -
N
Smath! CIA- -
Rosomman what critinat in voting for
Record- And on
Water palliti 72 - alabe
Sandran
Foreign X inditing ) clitter
Which vates request?
Cremen- weved reserved for
Edumses
Returnes any - companing
gob
Railshorts
DCor NM
my Imms - 1973
Tapings - tabe notes
ams -
196P- Truth- - Licals
- 1965
by
1966- Open Dirbsan Haveing E)
HUGATZI - Danilson -day 1 one - support of
July disfind ants 16,6923- -
correntions of types
ITT 400/000 Canes in
VAsw or Starst 200,00 - No.
not beep gaity
R. FORD LIBRARY
Darry Industry - no
GERALD
CREP - - No
/ Knowf epus ores? No
Elabay - no
Kroyh- andand to parts- his evoluer
Palitics-
WIGGINS) Ciriz.RyAs Twis= - 2950 = - Small
Hospitals
1972 Ruts voting rights for
Bends
197 Kawh - gritted Cirl Rghs
Civil Rts - squal
18 year are - Mo- (1970 Ref.)
Comers
FB / request Kellphot invited
Ramis
Department before VP-
R. FORD LIBRARY
QERALD
Eilberg
Elobing-
minimum way i- provided parkage hila
smith differential
File
Qui!3 -
sp indig - child lines -
rq 139- Rangle-
any material to Steshens letter
for
I
Laulm GSA
WALDIE
Oarbobin-
Justify wrong arts on NAT'L. Security
Lying mdre oart-
Brekan- arting are atteroy-
Moyne Douglas -
Oxtord Q5.
FLOWERS
Adriss on politive
HOGAN ] Drien -
Mormi
Details in of day pora
DRINAM -
(Eo Him Canlends
Faver-
Butter
Appending hass
Quins
Elpand infanting
FORD
ITT him ware out
GERALD
LIBRANY
spedy
Suberting
Justin funds- -
Spendy cailing by Cyrus-
Exu. Prilige
Luguil we
Crime was the classing improperly
fuel crim-
Smiler life of /E- Paidw
HUNIGATE
City about /wish from
Difree spending - and 1415
Information Cox frien? ?
Industment Cox - Damis substitute
Grease constil, basis
NO
Froshlist
ITF- Congrayn limits
RAUGH
Abarain - surmars
Loan transuring - missary
FBI
before
1967. Power
Capirition
Mondrad
Comiliator between parting
Inflation - Comes-
1-Fiaval offers
GGRALO FORD LIBRARY
3- brye at prie Controls
2- monetly policy
4
Rathalm
JOROAH
Carl Rights
July 9
2165-M
Revid
Octhill. Ed.
April 10,1968-
International
MARAZITI ( Smite on Ciril RTS.
THORNTON Energy
GERALD FORD
ERWARDS Agnew. before pleading
Hontzmal Out, 1972-CREEP funds
=w. N. internet in
Brom litter
= Pakmon-
Nov.1, 1972- Report-
"last mind Anker tubus"
Preshiation Invoice markings
-
1973
Crystal Bounfill /RS-Finamil flash Petulu Fosafild
SARBANGS HRS x politics -
Spinking atyles-
Vetor overndes -
This corponers-
farth 6 crisis
M
12
herein
MAZVINSKY Institut 1972 - our
Am Mary
Dan-
1000
The
592 youdy -
GERALD LIBRARY FORD
1) Read 2 contribution liths
2) Broks
3) WALDIE / lifen - 12/10/1969 TO Feed's office
Pall to Mitchell - no date-
William
Eash pert of sinia of Daylos
H
750 - "axtriss THE Enterted matchle
"Fellong my T1, 1969 assed H. townkan and tres
w/ Deuglas -smer of 1939- 1
"Cruas" 844 shorty for Ferther
871> Cartoward mitchell
' Decurbe'' 853- sm Witson
Establis- what everyone
A-sentions
Q. OCT, meter
A- Best good
Q-1"2 novth later saw latson
A,- yrs
D- Trabled by July ?
A- - Busy it not
Q - Mocare Mitchee
Now 21, 69 1 reg whe
A- Do possible to case prior
Q- 1 Positer subseq -
Passitle -lend more blog
A prior -
GERALD LIBRARY FORD
Q. Spach Dpril 15
Dafs. -pg811- "Hy sor, we no
fistual info 1
construed
Jaw to asseme bark-up methinal -
shid independent Information -
A, Kearied Justive would have
Have back-up ?
back-up mething
A Some lack-up material -
Corrected hard
Q, regreated in years
Q- Pants in aprov w briy 1 had
A- yes
from "enkah, amongnour
charges
A- - turns things subtantive
your up antaide Parri
Avan bardy-Conflict interest of
Q - Pg3 of sprach
Hay info in mat sp 20ml
artintain suotine -
A- Our prine fair ease-
Q - W/o consto- Justiz not mabe aprach
A- yrs but changes serious
Q- Whypy of Justive-
RFORD
LIBRARY
A- Q- - A Hupred Yes to qet have farts
GERALD
Q - Hear much corpension Dan -
A- Cillen + 1 charges
Couplision ?
A- Brbaied would- Contacted Juster
X asked To companite
Serbirling
Feeling of anity unfil Emere yourt
Bry -
Walsis
Pq24 HRes 920
three comporative letter-
Resure request greater coop. -
Die 12- got normal
- April16- inspead-
Any5-1970 - Cellar capalar
Anjo7- Justive
Py824- -
838- 1
840 1 Prival
820 1
810 - litter
8/1 - no coop
Famtia everyeary
adaquite coof I
Why written over -
Presibe as Dept.
Puting record-
N
Marpo, 1970- artule Phily Warden
GERALD THE FORD
DRINAM MFN Liws (Trade Refund
all citizens hald
Approve stop moy
Only. Dec. ofthren Rrs.-
Puid wine dineted
Concers1
Jordan
THORMONA) matakes
nor say 1 mony resign
Drugarow. -
Commins -
March3, 1971 - Leaver
not libral
Comon cause -
Raizzoruez
Dangrious to way Alife
Nezvirsky
Toy drd, a mirakes Minen
offersed
1910 Cont. Pgz - corp.
Cun treasurer
B.C, Comittes-
Mindet Steps 18, all -
to find out-
= m5 carpronise
GERALD LIBRARY FORD
Exwards/ Wilson on Douglas
Sanr tips-Justrie
If bacore thi-
Darozabry on n/o-
Ab-Dug 17-1970 letter
all from 7 BI,
Outside Guesne - 1960s
- Legal survices - -
Rapist an
Brount Sm, Dr
& may not be
HALDIE ) Include documents 106-
/ Classified
\
Call to Ab subseying to
Brhines Philable asking
nov to drew lur
bn Construction of
to of law
Di you believe wichael send
vilson w/ D consent
Dennis
9 Nipor?
SEIBERLING) Didoctor Partis an role- - UNIT
GERMADO FORD LIBRARY
S.E. Dain
Lams Fay
move i Trays
Marynel Respects yourse
Apreabe assurity
Davilm Py847-
- Draguah - Donylas
t 500 count -
- Eyes order favous contribute
50,000 - Relationsly of cant
factor-
Ronere Every list pure hairete
Conyers Lathers-mary \
one ?
PTA 1 yours
HOLZMAH Nopton thank 3, 1571
m Gordan - chack to DC
Dant- - (5002)
11 n-
Baulaj & Cunsuy- -
Aug Qradline-
Compus Kalloar - WB-
15000
withing in - Huchwh
Cultural enclage ms
Lather VONTS,
GERALD FORD LIBRANT
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Presidential Libraries Withdrawal Sheet
WITHDRAWAL ID 02620
REASON FOR WITHDRAWAL
Donor restriction
TYPE OF MATERIAL
Note
DESCRIPTION
Handwritten note regarding individual
in St. Elizabeth's Hospital.
CREATION DATE
1973
COLLECTION/SERIES/FOLDER ID
023800008
COLLECTION TITLE
Benton L. Becker Papers
BOX NUMBER
1
FOLDER TITLE
Ford, Gerald R. - Vice Presidential
Confirmation - General (1)-(3)
DATE WITHDRAWN
05/15/1991
WITHDRAWING ARCHIVIST
KLG
Allan Alan 25.1680
+
Wants resulations - all available
1
- - coils reproduce
LIBRARY GERALD R. FORD
Canyers
consibility as
visturially has,
Rodine
4
April4,73 speach Exc. Purilege- Com, Tylor
A
Cerrent providing :- Individual hasis - whit in in
untimal istand -
on 1 not nal Received
Termine investigation Pred - inving Yes, Vr,
crimality lune few )
no,-
Qualified is - GR-58-59yu
Davis AUE
Rafrom more n Top before My (194%)
Salury mininar - 1/3/73
ny% Concern cred. first
Haw, a Jr. hey Rrs
hugard X you TO Since
" makings w/ Cagar
u prin corference
a Groun contacts.
Comil cate Rostor-
congressional trading
20 Clory
11,500-
23
Broofs Norna 3
- Jor olor
Smily
Ins. Daffins CIA,Ere
China- D.R.-
KANTOMEILR I Agrees w/ Copy EUS "dilina"
FBI files - stymp prn. gepooal
Differ from Presid at - 1
not rubben skup. -
1- Hestory triw funds
2-
GERALD LIBRATY RFOID
Barmomore Public Finaning
finality parkins
Visab corp. contrils - valuetary -
Limis annew = Card' Q.
EDWARKS
Martias - 25$ Annal
Name *I fift =
Luch
FBI
NUMBAX / vomi yals
Recard communitions. - Knobadge
Pune frequency - mere
Every with n word
Family and a "morging itim
Ewn Rts - put asid , -
nal. w/ present
Comyer
then my w/punds
ER
Civil Rrs Later To
Marks regames PB,
Galdirt request Mhrs ? quilt from
Demmis
FBI-Come Others quote
Spand Ennance & Concrum - Jaronki
Leanned Hasl
American Forer Pomb
And Jonasli
us ?-
Soint Urnin FORD
I E
aska
Oil-
GERALD
Fish Liddy Duchsea County.
VIALDIE
Bittmen- Berlase
Birthmenne apparr
Moxyon
Fand Sharlage 1
Brelan family -
Flowers
Ratining - Schulley (no) (USER)
Indianal system - Parri + Fed Luck
#HOGAN
Lemo-
150,000 leyrs. - .29
Mamm
how A order good-
Cowrd order- Suliponia- personds
Erown respoct for tan-
Caphy w/ higher cant
KSATINE
Other criminal and in
Ford can producer credibiting
Dezna Brid East-
>
SARIOANES
A
Present Colunct delegat with Co. , Hc MB-
Paling molors - compin Calinet
Butter
WH. stopf testify ing ?
Praparyothy on confirmation
VAr Coco- condo.-
-Barrownd
/SEIBERLING
Press have RT, to
offairs" 1
GERALD R. FORD
Partagan papers- deadoms
you
A
(COMEM
Elobing case went -
Electron w/ Byn Mayed? dn
Exper prive Pumpsitive eqr. = crimal art - no
Sprint prosecuter angha to time over
Mar's Security - April 763
Donnars not smar as advire X zonard
Connt at Authrity-
June 19 1972- - on United - Funidus
re: Watern atr- stupid
on ir.G. - 4dms
often i/ Know any toy - -
Bail mony neo;
ZOZET
Divillnoin ment- Ford help orderant- yourst
( Carger Pan)
Earlisr liavan
Woman Bill - coordinate spendy
DRINEN
Souritory bilos new
Anawer 3 Qs- Report Carponse
Ready to NOME
Wondrived wherever important? yes
v.ve mm.- not time
RANGEL
Emory his- No-
Sugmant injo Earlms- resulation wordfor
*
Clear myo improved before corputer?
Who.- obly'ation 7. art-
Eyeo. growing vs lrq.
FORD LIBRARY A GERALD
Clean-up mist alass of part
Crunt at- UNE so voly
Issur orisided
Por PRN
Commen. pinns amms & mur
Desumed no wafakin of law
f
N Rule 8- perming when
N
Top primity - Summil
VARRITT
2nd verfair 1 sydders of Rec
One of friend VPs
THIRNTON
Fendig TOO hong
Thro- 1 brood x deep
In perples' electron -
HOLTZON
four
Banding -
Noulks 1970 — corpined
w/o heart atm Falms M driptos
G mains
rm - around
Totally hour know
differenty 1
pnd on scates. 300 boding
years one of its
bearm sharkdn's
Owear
Insurer opens
extreises m flow
Taxretures - mb your lath when up
Ham available to meday
Prividential Loys- Public hag
MEZVINSKY
pens, w
President's tap
Princith Hay
returns papers -Indisided
President sid V all
garada is no procedult
WNT yrs Ear before evitter
Rodinol an havens
Cwil Rights -
Makimal Basis
Hutchmin Remisited
Donlar Oct1 1966- Ready of Wed,
Stray from rule of laws
President husay - flow not videots
Pyril 10, 1971 "no frans what
elent, amprover Have
1972 Set Senser Dan,- G. grand
even for Mar 1. Seconity
April 30 165 yals 1
MClory
1- Tryat for my
avone infentive pover
2- Property for
37
Humarins -
New canty for Mils- friend
hore
1
4
Pay taxes
personal your
/ Broobs Dra- Agrew - Liddy - "convicted"
Dorlet of intrgrily- - mobelines
Anil 350
Valn Spings Calif - April 922
Rogard - 10. pn No
And 5t FORD LIBRARY
GERALD
Us. us Brairstar + illegal gratuity Bibe
25,000 district com.
ouo- ofter got ##
1973- 36-
Corparations make - costribities A.
- intere
Evadsver TO contray c)
1971- Cardidate disclased-
Tile III prive -
Dale 43, Code of final 1968' Conduct
mak he kept superate
phanel finds" no caysagn funds for
provided WE in expens of rait
of by & venified - prission
carporgn expenser. -
Sepsed san funds form
congray and TO
(Tabn Dold promoun)
bro fide caraign -
MOT newslettus- 1
I.R.S. ? - stab define carpaign perpose
WD taxable of spect for
as similar
puparia
GERALD FORD
Murgrapres ?
Tabe statem. - what are
168.904
campain?
1947-49
- any mn an elstion -
pwe Exprr.)
Option send or
conditate
2) Painty
Light its
(
make pathi (2)
3) may
exp-
4/ Office
5) Parronal
6/ challengus
1/ Sparters.
81 Lists
9) Cananes
10) Tranp. of vaturs
17) A Hamays
NONE- as construed. - speakers. valuetre
work
mt immed
1971 ACT- Clerk-
ant- must declare-
1940 - leays Meave- +7 credit- #50
Contributor Takes for diductions
thing tab eligible Lands -100-
camot connect the pan use
canot return
Transary: Fred w. Nicbmen
Contrib pressured TIVE
campayn- non-texable
- office experses - meant
= spect if are year-
Law.
Commications - ignal time -
FORD
LIBR
GERALD
Tap Art 1970- Ofform- contiductors - candidate
of amance candidary before
Dro. 31-all desduction
Male -A are party't all
(-mg+)
3% shy
wedness
John The Guifty 51125(a)
school
)
mings 10
rid 18
(1
swither to grant (01
surnatiff (55
brustine sio
show
V
whild -rafi Irpil
swable Kamm -Two
0ZA liker tot - -orpi
++ Not volution)
-001- alamy not party
300.00g ats Thomas Kines
mutter Zomes
=wardwild and insurance
NOT briving distra
abbut -mair -
thair - maighwifts suifts -
trup =
job
- 1-1-1 lays -
- - ospi MA quo\
GERALD
reful problems summer
11078.00
Whitlow-
To appear ?
Secty offate
invoiclin
pe
FECB
Today- -
(Pq/13)
Dc Comittee -
Hings
Passed 1/19/1992
K
refrie
Limits: ; 104 X VOTING A6E POP,
0,050,000
1046)I(0) Comminal is
Primary, TOO -
= consumprist + meat
by Day com TTEE
for Legally qualified cardit 29
a) law
or b) funds
0439- - Fill copy sente
for candid acy
officer too
1972- - Pin TO Apr18, 1972
Ch8- 0241(c) Difi
Demistere
1
(1)- 200 move
stayes
State 1 (i) "state"
includes territory or
DC.
431(a)-B) & — 1972
GERALO R FORD LIGHAR
1 I
are
Ed VAS Cabe
mike The Kay ->
Improver of sution
I Election 1 7nd.
Smite P.O Couldro.
Lagila yim
Cound Camel
Can.
REFORD LIBRARY &
GERALD
P.L. 92-225 LAWS OF 92nd CONG.-2nd SESS.
Feb. 7
REPORTS BY OTHERS THAN POLITICAL COMMITTEES
Sec. 305. Every person (other than a political committee or can
didate) who makes contributions or expenditures, other than by con-
tribution to a political committee or candidate, in an aggregate
amount in excess of $100 within a calendar year shall file with the
supervisory officer a statement containing the information required
by section 304. Statements required by this section shall be filed
on the dates on which reports by political committees are filed but
need not be cumulative.
FORMAL REQUIREMENTS RESPECTING REPORTS
AND STATEMENTS
Sec. 306. (a) A report or statement required by this title to be
filed by a treasurer of a political committee, a candidate, or by any
other person, shall be verified by the oath or affirmation of the per-
son filing such report or statement, taken before any officer author-
ized to administer oaths.
(b) A copy of a report or statement shall be preserved by the
person filing it for a period of time to be designated by the super-
visory officer in a published regulation.
(c) The supervisory officer may, by published regulation of gen-
eral applicability, relieve any category of political committees of
the obligation to comply with section 304 if such committee (1) pri-
marily supports persons seeking State or local office, and does not
substantially support candidates, and (2) does not operate in more
than one State or on a statewide basis.
(d) The supervisory officer shall, by published regulations of
general applicability, prescribe the manner in which contributions
and expenditures in the nature of debts and other contracts, agree-
ments, and promises to make contributions or expenditures shall be
reported. Such regulations shall provide that they be reported in
separate schedules. In determining aggregate amounts of contri-
butions and expenditures, amounts reported as provided in such reg-
ulations shall not be considered until actual payment is made.
REPORTS ON CONVENTION FINANCING
Sec. 307. Each committee or other organization which-
(1) represents a State, or a political subdivision thereof, or
any group of persons, in dealing with officials of a national
political party with respect to matters involving a convention
held in such State or political subdivision to nominate a candi-
date for the office of President or Vice President, or
(2) represents a national political party in making arrange-
ments for the convention of such party held to nominate a can-
didate for the office of President or Vice President,
shall, within sixty days following the end of the convention (but not
later than twenty days prior to the date on which presidential and
18
FORD
s
GERALD
Ch. 8
TITLE 2-THE CONGRESS
$ OLD 241
CHAPTER 8.-FEDERAL CORRUPT PRACTICES
and
E
Sec.
Sec.
241. Definitions.
247. Statements; verification; filing;
242. Chairman and treasurer of political
preservation; inspection.
committee; duties as to contribu-
248. Limitation upon amount of expendi-
tions: accounts and receipts.
tures by candidate.
243. Accounts of contributions received.
249. Promises or pledges by candidate.
241. Statements by treasurer filed with
250. Expenditures to influence voting.
Clerk of House of Representatives.
251. Contributions by national banks or
245. Statements by others than political
other Federal corporations; pen-
committee filed with Clerk of
alty.
House of Representatives.
252 General penalties for violations.
246. Statements by candidates for Sena-
253. Expenses of election contests.
tor, Representative, Delegate, or
254. State laws not affected.
Resident Commissioner filed with 255. Partial invalidity.
Secretary of Senate and Clerk of 256. Citation.
House of Representatives.
Section 241. Definitions. When used in this chapter—
(a) The term "election" includes a general or special election, and,
in the case of a Resident Commissioner from the Philippine Islands,
an election by the Philippine Legislature, but does not include a
primary election or convention of a political party;
(b) The term "candidate" means an individual whose name is pre-
sented at an election for election as Senator or Representative in, or
Delegate or Resident Commissioner to, the Congress of the United
States, whether or not such individual is elected;
(c) The term "political committee" includes any committee, associa-
tion, or organization which accepts contributions or makes expenditures
for the purpose of influencing or attempting to influence the election of
candidates or presidential and vice presidential electors (1) in two or
more States, or (2) whether or not in more than one State if such com-
mittee, association, or organization (other than a duly organized State
or local committee of a political party) is a branch or subsidiary of a
national committee, association, or organization;
(d) The term "contribution" includes a gift, subscription, loan, ad-
vance, or deposit, of money, or anything of value, and includes a con-
tract, promise, or agreement, whether or not legally enforceable to make
a contribution;
1
(e) The term "expenditure" includes a payment, distribution, loan,
advance, deposit, or gift, of money, or any thing of value, and includes
a contract, promise, or agreement, whether or not legally enforceable,
to make an expenditure;
(f) The term "person" includes an individual, partnership, commit-
tee, association, corporation, and any other organization or group of
persons;
(g) The term "Clerk" means the Clerk of the House of Representa-
tives of the United States;
(h) The term "Secretary" means the Secretary of the Senate of the
United States;
(i) The term "State" includes Territory and possession of the United
States. (June 25, 1910, c. 392, $$ 1, 8, 36 Stat. 822* Aug. 19, 1911, C.
"", 824" should be added.
71
FORD
GERALD
§ 241
TITLE 2.-THE CONGRESS
Ch. 1
Ch. 8
TITLE 2-THE CONGRESS
$ 240
33, § 2, 37 Stat. 26; Aug. 23, 1912, c. 349, 37 Stat. 360; Feb. 28, 1925,
half of a political committee exceeding $10 in amount. The treasurer
c. 368, Title III, § 302, 43 Stat. 1070.)
shall preserve all receipted bills and accounts required to be kept by
Historical Note
this section for a period of at least two years from the date of the
This chapter is the "Federal Corrupt Practices Act of 1925." An earlier act on
filing of the statement containing such items. (June 25, 1910, c. 392,
acted June 25, 1910, c. 392, was with all amendments thereto expressly repealed by
§§ 2, 3, 36 Stat. 823; Feb. 28, 1925, c. 368, Title III, § 303, 43 Stat.
the later act.
1071.)
Notes of Decisions
1. Power of Congress.-The power, un-
court or grand jury over the subject-mat.
der the Constitution of the United States,
I 243. Accounts of contributions received. Every person who re-
ter that is under inquiry."
of Congress to make such provisions as
ceives a contribution for a political committee shall, on demand of
are necessary to secure the fair and honest
2. Primary election as "election."-The
word "election" as used without qualifies.
the treasurer, and in any event within five days after the receipt of
conduct of an election at which a member
of Congress is elected cannot be ques-
tion, refers to a general election and -
such contribution, render to the treasurer a detailed account thereof,
tioned. Ex parte Coy (Ind. 1888) 127 U. S.
to a primary election. U. S. V. O'Toole ID.
including the name and address of the person making such contribu-
731, 8 S. Ct. 1263, 32 L. Ed. 274.
C. W. Va. 1010) 236 F. 993.
In Blair V. U. S. (N. Y. 1919) 250 U. S.
The Corrupt Practice Act of 1010
tion, and the date on which received. (June 25, 1910, c. 392, § 4, 36
273, 30 S. Ct. 468, 63 L. Ed. 979, affirming
ognizing primary elections and limiting
Stat. 823; Feb. 28, 1925, c. 368, Title III, § 304, 43 Stat. 1071.)
(D. C. 1918) 253 F. 800, the constitu-
the expenditures of candidates for sension
tionality of the Corrupt Practice Act of
in connection with them was held not is
effect an adoption by Congress of ell
$ 244. Statements by treasurer filed with Clerk of House of Repre-
1910 was challenged by witnesses sum-
moned to testify before a grand jury in an
state primary laws. U. S. V. Gradwed
sentatives. (a) The treasurer of a political committee shall file with
investigation instituted thereunder, but
1917) 243 U. S. 476, 37 S. Ct. 407. 61 1. IL
the Clerk between the 1st and 10th days of March, June, and Septem-
the question was not passed on, the court
857, affirming (D. C. R. I. 1010) 231 r
440, and U. S. V. O'Toole (D. C. W. Ta
ber, in each year, and also between the 10th and 15th days, and on the
holding that witnesses had no power to
raise it, and saying: "The same consti-
1916) 236 F. 993.
5th day, next preceding the date on which a general election is to be
tutional question was stirred in U. S. V.
3. Mandamus.-Under the Corrupt Pre-
held, at which candidates are to be elected in two or more States, and
Gradwell (R. I. 1017) 243 U. S. 476, 487, 37
tice Act of 1010, it was held that there will
also on the 1st day of January, a statement containing, complete as
S. Ct. 407, 61 L. Ed. 857, 865, but its de-
no remedy given by mandamus to enforce
termination was unnecessary for the deci-
the provisions of the Act. In re Illudes
of the day next preceding the date of filing-
sion of the case, and for this reason It was
(D. C. Mo. 1920) 260 F. 152 The cours
(1) The name and address of each person who has made a contribu-
left undetermined, as the opinion states.
said: "Enforcement is by Indictment and
Considerations of propriety, as well as
tion to or for such committee in one or more items of the aggregate
trial in the customary way. No month
long-established practice, demand that we
by original action in mandamus is give
amount or value, within the calendar year, of $100 or more, together
refrain from passing upon the constitu-
those injured. The proceeding here to
with the amount and date of such contribution;
tionality of an act of Congress unless
neither an inquiry by a grand Jory zir
obliged to do 80 in the proper perform-
(2) The total sum of the contributions made to or for such commit-
the trial of a criminal case under three
ance of our judicial function, when the
acts. Though Congress might provide too
tee during the calendar year and not stated under paragraph (1)
question is raised by a party whose inter-
federal supervision of all elections. Dr.
(3) The total sum of all contributions made to or for such commit-
ests entitle him to raise it. We do not
mary, general, and special, relating 10
think the present parties are 80 entitled,
nomination and election to office under the
tee during the calendar year;
since a brief consideration of the relation
Constitution and laws of the l'aited
(4) The name and address of each person to whom an expenditure
of a witness to the proceeding in which he
States, and provide for enforcement 114m
in one or more items of the aggregate amount or value, within the cal-
is called will suffice to show that he is not
of by mandamus, or any other suffable
Interested to challenge the jurisdiction of
remedy, it has not done 80."
endar year, of $10 or more has been made by or on behalf of such com-
mittee, and the amount, date, and purpose of such expenditure;
§ 242. Chairman and treasurer of political committee; duties as to
(5) The total sum of all expenditures made by or on behalf of such
contributions; accounts and receipts. (a) Every political commit-
committee during the calendar year and not stated under para-
tee shall have a chairman and a treasurer. No contribution shall be
graph (4)
accepted, and no expenditure made, by or on behalf of a political com-
(6) The total sum of expenditures made by or on behalf of such com-
mittee for the purpose of influencing an election until such chairman
mittee during the calendar year.
NA
and treasurer have been chosen.
(b) The statements required to be filed by subdivision (a) shall be
(b) It shall be the duty of the treasurer of a political committee
cumulative during the calendar year to which they relate, but where
to keep a detailed and exact account of-
there has been no change in an item reported in a previous statement
(1) All contributions made to or for such committee;
only the amount need be carried forward.
(2) The name and address of every person making any such contri-
(c) The statement filed on the 1st day of January shall cover the
bution, and the date thereof;
preceding calendar year. (June 25, 1910, c. 392, §§ 5, 6, 36 Stat. 823;
(3) All expenditures made by or on behalf of such committee; and
Aug. 19, 1911, c. 33, § 1, 37 Stat. 25; Feb. 28, 1925, c. 368, Title III, §
(4) The name and address of every person to whom any such 11.
305, 43 Stat. 1071.)
penditure is made, and the date thereof.
8 245. Statements by others than political committee filed with
(c) It shall be the duty of the treasurer to obtain and keep A
Clerk of House of Representatives. Every person (other than a po-
ceipted bill, stating the particulars, for every expenditure by or on
Ch. 8
other than by contribution to a political committee, aggregating $50
TITLE 2.-TIIE CONGRESS
s 243
or more within a calendar year for the purpose of influencing in
conventions it was held Invalid because
primaries. The 17th Amendment dealing
two or more States the election of candidates, shall file with the Clerk
at the time it was enacted the only source
with the election of Senators was held to
an itemized detailed statement of such expenditure in the same man-
of power which Congress possessed over
antedate that section and 80 could not be
elections for Senators and Representatives
considered in connection with it. New-
ner as required of the treasurer of a political committee by section
was U. S. Const., Art. 1, $ 4, which regu-
berry Y. U. S. (Mich. 1921) 250 U. S. 232,
244 of this title. (June 25, 1910, c. 392, § 7, 36 Stat. 824; Feb. 28,
Inted the manner of holding such elections,
41 S. Ct. 409, 05 L. Ed. 913. See, also, U. S.
and the language of that constitutional
1925, c. 368, Title III, § 306, 43 Stat. 1072.)
V. Cameron (D. C. Ariz. 1022) 282 F. 0S4.
provision was not broad enough to include
$ 246. Statements by candidates for Senator, Representative, Dele-
gate, or Resident Commissioner filed with Secretary of Senate and
$ 247. Statements; verification; filing; preservation; inspection.
Clerk of House of Representatives. (a) Every candidate for Senator
A statement required by this chapter to be filed by a candidate or
shall file with the Secretary and every candidate for Representative,
treasurer of a political committee or other person with the Clerk or
Delegate, or Resident Commissioner shall file with the Clerk not
Secretary, as the case may be-
less than ten nor more than fifteen days before, and also within
(a) Shall be verified by the oath or affirmation of the person filing
thirty days after, the date on which an election is to be held, a state-
such statement, taken before any officer authorized to administer oaths;
ment containing, complete as of the day next preceding the date of
(b) Shall be deemed properly filed when deposited in an established
filing-
post office within the prescribed time, duly stamped, registered, and di-
(1) A correct and itemized account of each contribution received by
rected to the Clerk or Secretary at Washington, District of Columbia,
him or by any person for him with his knowledge or consent, from any
but in the event it is not received, a duplicate of such statement shall
source, in aid or support of his candidacy for election, or for the pur-
be promptly filed upon notice by the Clerk or Secretary of its nonre-
pose of influencing the result of the election, together with the name
ceipt;
of the person who has made such contribution;
(c) Shall be preserved by the Clerk or Secretary for a period of two
(2) A correct and itemized account of each expenditure made by him
years from the date of filing, shall constitute a part of the public records
or by any person for him with his knowledge or consent, in aid or sup-
of his office, and shall be open to public inspection. (June 25, 1910, c.
port of his candidacy for election, or for the purpose of influencing the
392, § 8, 36 Stat. 824; Aug. 19, 1911, c. 33, § 2, 37 Stat. 26; Aug. 23,
result of the election, together with the name of the person to whom
1912, c. 349, 37 Stat. 360; Feb. 28, 1925, c. 368, Title III, § 308, 43 Stat.
such expenditure was made; except that only the total sum of expendi-
1072.)
tures for items specified in subdivision (c) of section 248 of this title
Notes of Decisions
need be stated;
1. Notary public as authorized to admin-
ter." U. S. V. Cameron (D. C. Ariz. 1022)
ister ouths.-A notary public of a state is
(3) A statement of every promise or pledge made by him or by any
282 F. CS4.
"an officer authorized to administer onths"
Under the Corrupt Practice Act of
person for him with his consent, prior to the closing of the polls on the
within the meaning of this section. U. S.
1010 one who was a candidate for sena-
day of the election, relative to the appointment or recommendation for
v. Cameron (D. C. Ariz. 1022) 282 F. 6S5.
tor at a general election was not "a can-
appointment of any person to any public or private position or employ-
2. False oath as to amount received as
didate for nomination at any primary
ment for the purpose of procuring support in his candidacy, and the
perjury.-In the Corrupt Practice Act
election or nominating convention,
of 1010 while a candidate was required
or election by the legislature of
name, address, and occupation of every person to whom any such prom-
to include in his statements all receipts
any state" within the meaning of the
ise or pledge has been made, together with the description of any such
as well as expenditures, it limited the
act in view of the Seventeenth Amend-
latter only. Hence, a candidate was not
ment to the United States Constitution
position. If no such promise or pledge has been made, that fact shall
be specifically stated.
subject to a prosecution for perjury be-
providing for the election of senators
by popular vote, and hence was not sub-
cause of an alleged false oath regarding
(b) The statements required to be filed by subdivision (a) shall be
ject to prosecution for perjury for an al-
the amounts received by him, since the
leged false statement in a statement or
cumulative, but where there has been no change in an item reported in
oath was not false in a "material mat-
receipts and expenditures made under
a previous statement only the amount need be carried forward.
the Act. Id.
(c) Every candidate shall inclose with his first statement a report,
based upon the records of the proper State official, stating the total
$ 248. Limitation upon amount of expenditures by candidate. (a)
number of votes cast for all candidates for the office which the candidate
A candidate, in his campaign for election, shall not make expenditures
seeks, at the general election next preceding the election at which he
in excess of the amount which he may lawfully make under the laws
is a candidate. (June 25, 1910, c. 392, § 8, 36 Stat. 824; Aug. 19, 1911,
of the State in which he is a candidate, nor in excess of the amount
c. 33, § 2, 37 Stat. 26; Aug. 23, 1912, c. 849, 37 Stat. 360; Feb. 28, 1925,
which he may lawfully make under the provisions of this title.
c. 368, Title III, § 307, 43 Stat. 1072.)
(b) Unless the laws of his State prescribe a less amount as the maxi-
mum limit of campaign expenditures, a candidate may make expendi-
Notes of Decisions
tures up to-
1. Primary election or convention.-The tors, but also to primaries and conventions
Corrupt Practice Act of 1010 applied not of political parties for selection of
(1) The sum of $10,000 if a candidate for Senator, or the sum of
only to final elections for choosing Sena- candidates. As to such primaries and
$2,500 if a candidate for Representative, Delegate, or Resident Com-
74
missioner; or
75
(2) An amount equal to the amount obtained by multiplying three
$5,000; and every officer or director of any corporation who consents
cents by the total number of votes cast at the last general election for
to any contribution by the corporation in violation of this section
all candidates for the office which the candidate seeks, but in no event
shall be fined not more than $1,000, or imprisoned not more than one
exceeding $25,000 if a candidate for Senator or $5,000 if a candidate
year, or both. (Jan. 26, 1907, c. 420, 34 Stat. 864; Mar. 4, 1909, c.
for Representative, Delegate, or Resident Commissioner.
321, § 83, 35 Stat. 1103; Feb. 28, 1925, c. 368, Title III, § 313, 43 Stat.
(c) Money expended by a candidate to meet and discharge any as-
1074.)
sessment, fee, or charge made or levied upon candidates by the laws of
Historical Note
the State in which he resides, or expended for his necessary personal,
This section is $ 313 of Act of Feb. 28,
1925. Section 83 of the Criminal Code was
traveling, or subsistence expenses, or for stationery, postage, writing, or
1925, c. 308, 43 Stat. 1074. That section
in the language of the Act of Jan. 26, 1907,
printing (other than for use on billboards or in newspapers), for dis-
took the place of and is almost identical
c. 420, 34 Stat. 801.
with the language of $ 83 of the Criminal
In the Acts of 1007 and 1009 the word
tributing letters, circulars, or posters, or for telegraph or telephone
Code (see Act of March 4, 1909, c. 321, I 83,
"money" preceded the word "Contribu-
service, shall not be included in determining whether his expenditures
35 Stat. 1103 cited to the text) which was
tion." The word "money" was omitted
have exceeded the sum fixed by paragraph (1) or (2) of subdivision (b)
repealed by 5 318 of the Act of Feb. 28, in the Act of 1925.
as the limit of campaign expenses of a candidate. (June 25, 1910, c.
Notes of Decisions
392, §§ 8, 9, 36 Stat. 824; Aug. 19, 1911, c. 33, § 2, 37 Stat. 26; Aug.
1. Constitutionality.-Congress has con-
meaning of the act of Congress, might be-
23, 1912, c. 349, 37 Stat. 360; Feb. 28, 1925, c. 368, Title III, § 309, 48
stitutional power to prohibit contribu-
come a question for the court or jury in
Stat. 1073.)
tions to be made by certain corporations
the light of all the circumstances of the
in connection with any election at which,
case." U. S. V. U. S. Brewers' Ass'n (D. C.
among others, representatives in Congress
Pa. 1916) 239 F. 163.
§ 249. Promises or pledges by candidate. It is unlawful for any
are to be voted for. U. S. V. Brewers'
3. Indictment.-An indictment against
candidate to directly or indirectly promise or pledge the appoint-
Ass'n (D. C. Pa. 1016) 239 F. 103, wherein
corporations for conspiracy to make un-
the court said: "If it should be held that
ment, or the use of his influence or support for the appointment of
lawful campaign contributions, need not
Congress exceeded its power in including,
allege that offense with the particularity
any person to any public or private position or employment, for the
among others, elections in which Presi-
of an indictment directly charging it as
dential and Vice Presidential electors are
purpose of procuring support in his candidacy. (June 25, 1910, c. 392,
an offense. U. S. V. U. S. Brewers' Ass'n
to be voted for, on the ground that they
(D. C. Pa. 1016) 230 F. 164.
§ 8, 36 Stat. 824; Aug. 19, 1911, c. 33, § 2, 37 Stat. 26; Aug. 23, 1912,
are officers of the state and not of the fed-
c. 349, 37 Stat. 360; Feb. 28, 1925, c. 368, Title III, § 310, 43 Stat.
eral government, that would not, in my
4. Contempt proceedings.-Where the
1073.)
opinion, invalidate the act, except as to
grand jury returned an indictment
that particular provision."
against corporations for violating the
2. Money contributions.-The words
earlier statute of 1909, It was held that
$ 250. Expenditures to influence voting. It is unlawful for any per-
"money contributions" as used in the ear-
the inquiry being no longer in progress:
lier statutes were held to be "not vague
questions whether a witness was guilty
son to make or offer to make an expenditure, or to cause an expend-
and uncertain, but, on the contrary, their
of contempt in failing to produce docu-
iture to be made or offered, to any person, either to vote or withhold
meaning was plain and their purpose as
mentary evidence and give testimony as
his vote, or to vote for or against any candidate, and it is unlawful
used in the statute unmistakable. Wheth-
required would not be determined on
er, in any given case, an expenditure by a
writs of error to review denial of his ap-
for any person to solicit, accept, or receive any such expenditure in
corporation should be construed as 'a
plication for habeas corpus and to review
consideration of his vote or the withholding of his vote. (June 25,
money contribution in connection with
motion to quash presentment. Ex parte
1910, c. 392, § 8, 36 Stat. 824; Aug. 19, 1911, c. 33, § 2, 37 Stat. 26; Aug.
any election,' within the spirit, intent, and
Fox (Pa. 1916) 230 F. 801, 150 C. C. A. 123.
23, 1912, c. 349, 37 Stat. 360; Feb. 28, 1925, c. 368, Title III, § 311, 43
Stat. 1073.)
5 252. General penalties for violations. (a) Any person who vio-
Notes of Decisions
lates any of the foregoing provisions of this chapter, except those for
1. Mandamus.-Under earlier acts re- had no power to compel rights thereun-
which a specific penalty is imposed by section 208 of Title 18, and
lating to the same subject as the text it der by mandamus. In re Higdon (D. C.
section 251 of this title, shall be fined not more than $1,000 or im-
was held that the federal District Courts Mo. 1920) 209 F. 150.
prisoned not more than one year, or both.
(b) Any person who willfully violates any of the foregoing pro-
! 251. Contributions by national banks or other Federal corpora-
visions of this chapter, except those for which a specific penalty is
tions; penalty. It is unlawful for any national bank, or any corpo-
imposed by section 208 of Title 18, and section 251 of this title, shall
ration organized by authority of any law of Congress, to make a con-
be fined not more than $10,000 and imprisoned not more than two
tribution in connection with any election to any political office, or
years. (June 25, 1910, c. 392, § 11, 36 Stat. 824; Aug. 19, 1911, c. 33,
for any corporation whatever to make a contribution in connection
$ 2, 37 Stat. 26; Feb. 28, 1925, c. 368, Title III, § 314, 43 Stat. 1074.)
with any election at which presidential and vice presidential elec-
tors or a Senator or Representative in, or a Delegate or Resident
253. Expenses of election contests. This chapter shall not limit
Commissioner to, Congress are to be voted for, or for any candidate,
or affect the right of any person to make expenditures for proper legal
political committee, or other person to accept or receive any contribu-
expenses in contesting the results of an election. (June 25, 1910, c.
tion prohibited by this section. Every corporation which makes any
392, § 10, 36 Stat. 824; Aug. 19, 1911, c. 33, § 2, 37 Stat. 26; Feb. 28,
contribution in violation of this section shall be fined not more than
1925, c. 368, Title III, § 315, 43 Stat. 1074.)
76
77
ARY
LIB
TITLE 2.-THE CONGRESS
Ch.
FORD
$ 254
Ch. 9
TITLE 2.-THE CONGRESS
1 277
§ 254. State laws not affected. This chapter shall not be construed
to annul the laws of any State relating to the nomination or election
House of Representatives, employ and fix the compensation of such
of candidates, unless directly inconsistent with the provisions of this
assistant counsel, clerks, and other employees, and purchase such
title, or to exempt any candidate from complying with such State
furniture, office equipment, books, stationery, and other supplies, as
IAWS. (June 25, 1910, c. 392, § 8, 36 Stat. 824; Aug. 19, 1911, C. 33,
may be necessary for the proper performance of the duties of the of-
§ 2, 37 Stat. 26; Aug. 23, 1912, c. 349, 37 Stat. 360; Feb. 28, 1925,
fice and as may be appropriated for by Congress. (Feb. 24, 1919, c.
c. 368, Title III, § 316, 43 Stat. 1074.)
18, § 1303, 40 Stat. 1141; June 2, 1924, c. 234, § 1101, 43 Stat. 353.)
s 255. Partial invalidity. If any provision of this chapter or the
275. Duties of office; rules and regulations. The office of the leg-
application thereof to any person or circumstance is held invalid, the
islative counsel shall aid in drafting public bills and resolutions or
validity of the remainder of the chapter and of the application of
amendments thereto on the request of any committee of either House
such provision to other persons and circumstances shall not be af-
of Congress, but the Library Committee of the Senate and the Library
fected thereby. (Feb. 28, 1925, c. 368, Title III, § 317, 43 Stat. 1074.)
Committee of the House of Representatives, respectively, may de-
termine the preference, if any, to be given to such requests of the com-
§ 256. Citation. This chapter may be cited as the "Federal Corrupt
mittees of either House, respectively. The legislative counsel shall,
Practices Act." (Feb. 28, 1925, c. 368, Title III, § 301, 43 Stat. 1070.)
from time to time, prescribe rules and regulations for the conduct
of the work, for the office for the committees of each House, subject
to the approval of the Library Committee of each House, respectively.
CHAPTER 9.-OFFICE OF LEGISLATIVE COUNSEL
(Feb. 24, 1919, c. 18, § 1303, 40 Stat. 1141; June 2, 1924, c. 234, § 1101,
Sec.
Sec.
43 Stat. 353.)
271. Creation of office.
and employees; office equipment
272. Appointment of legislative counsel;
and supplies.
275. Duties of office; rules and regula-
I 276. Disbursement of appropriations. One-half of all appropria-
qualifications.
273. Compensation of legislative counsel.
tions.
tions for the office shall be disbursed by the Secretary of the Senate
274. Assistant legislative counsel; clerks
276. Disbursement of appropriations.
and one-half by the Clerk of the House of Representatives. (Feb. 24,
277. Official mall matter.
1919, c. 18, § 1303, 40 Stat. 1141; June 2, 1924, c. 234, § 1101, 43 Stat.
Section 271. Creation of office. There shall be an office to be
353.)
known as the office of the legislative counsel, and to be under the di-
277. Official mail matter. The legislative counsel shall have the
rection of two legislative counsel. (Feb. 24, 1919, c. 18, § 1303, 40
same privilege of free transmission of official mail matter as other
Stat. 1141; June 2, 1924, c. 234, § 1101, 43 Stat. 353.)
officers of the United States Government. (June 2, 1924, c. 234, §
1101, 43 Stat. 353.)
272. Appointment of legislative counsel; qualifications. One of
the legislative counsel shall be appointed by the President of the
Senate, and one by the Speaker of the House of Representatives, with-
out reference to political affiliations and solely on the ground of fit-
ness to perform the duties of the office. (Feb. 24, 1919, c. 18, § 1303,
40 Stat. 1141; June 2, 1924, c. 234, $ 1101, 43 Stat. 353.)
§ 273. Compensation of legislative counsel. The positions of legis-
lative counsel shall be allocated from time to time by the President of
the Senate and the Speaker of the House of Representatives, jointly,
to the appropriate grade in the compensation schedules of section
673 of Title 5. The rate of compensation of each of the two legisla-
tive counsel shall be fixed from time to time, within the limits of such
grade, by the President of the Senate and the Speaker of the House of
Representatives, respectively. (June 2, 1924, c. 234, § 1101, 43 Stat.
353.)
I 274. Assistant legislative counsel; clerks and employees; office
equipment and supplies. The legislative counsel shall, subject to
the approval of the President of the Senate and the Speaker of the
78
70
RESS
THE CONGRESS
2 § 431
nplete votes record of all Joint Coz.
CHAPTER 14-FEDERAL ELECTION CAMPAIGNS [NEW]
1972
the data, charts, and files of
on any question on which
TUBCHAPTER I-DISCLOSURE OF
Sec.
FEDERAL CAMPAIGN FUNDS
(6) Current list of candi-
Joint Committee and shall the
date statements: com-
ttee or such other places as the
Definitions.
pilation and mainte-
Organization of political committees.
nance.
1970, 84 Stat. 1188.
(a) Chairman: treasurer; vacan-
(7) Annual report; com-
cies; official authorizations.
pilations of data.
(b) Account of contributions;
(8) Special reports; com-
segregated funds.
parisons.
(c) Recordkeeping.
(9) Other reports.
(d) Receipts: preservation.
(10) Dissemination of in-
formation.
(e) Unauthorized activities; no-
(11) Audits: investigations.
tice.
(f) Funds solicitation, notice; an-
(12) Enforcement authori-
a
ties; reports of vio-
nual report, copies.
lations.
Registration of political committees.
(a) Statements of organization.
(13) Rules and regulations.
(b) Contents of statements.
(b) Federal and State filing of
Congress an Office of Placement
reports; procedures for
(e) Information changes; report.
Federal copies in satisfac-
subject to. the supervision and
(d) Disbanding of political com-
tion of State requirements to
mittees or contributions and
int Committee is authorized, by
eliminate multiple filings.
expenditures below prescrib-
ed ceiling: notice.
(e) Comptroller General; duties:
3 of the Joint Committee
national clearinghouse for
Reports by political committees and
basis, without regard to politi-
information; studies, scope,
candidates.
asis of fitness to perform his
(a) Receipts and expenditures;
publication, copies to gen-
completion date, exception.
eral public at cost.
Placement and Office Manage-
(b) Contents of reports.
(d) (1) Violations; complaint; in-
vestigation; notice and
aff of the Office and such per-
(e) Cumulative reports for calen-
hearing; Federal civil
dar year; amounts for un-
necessary;
action for injunction.
changed items carried for-
ward; statement of inactive
restraining order.
or
esponsibilities;
other appropriate order;
status.
venue; bond.
per ennum gross rates not in
435. Reports by others than political
as in effect from time to time,
committees.
(2) Subpenas.
(3) Court of appeals; time for
332 (a) of Title 5; and
#436. Formal requirements respecting re-
petition for review.
ports and statements.
(4) Finality of appellate judg-
t, as the Joint Committee may
(a) Verification.
ment; review by Su-
(b) Copy; preservation.
preme Court.
(c) Noncompliance relief.
(5) Docket: advancement and
(d) Debts, pledges, etc.; sep-
priorities.
arate schedules; aggregate
d office management
439. Statements filed with State officers.
amounts based upon actual
(a) "Appropriate State" defined.
payment.
(b) Duties of State officers.
upon request, to assist Mem-
RAS7. Reports on convention financing.
440. Prohibition of contributions in name
late and House of Representa-
M38. Administrative and judicial provi-
of another.
sions.
441. Penalties for violations.
specified qualifications and to
(a) Supervisory officers; duties.
442. Authority to procure technical sup-
ect to office management pro-
(1) Forms.
port and other services and incur
(2) Manual for uniform
travel expenses; payment of such
bookkeeping and re-
expenses.
porting methods.
when imappropriate
(8) Filing, coding, and
SUBCHAFTER II-GENERAL PRO-
cross-indexing sys.
VISIONS
held or considered to require
tem.
451. Extension of credit by regulated
y any Member, committee, or
(4) Public inspection; cop-
industries; regulations.
ies; sale or use re-
452. Prohibition against use of certain
entatives, if, in the opinion of
strictions.
Federal funds for election activi-
use of such facilities is inap-
(5) Preservation of reports
ties; definitions.
and statements.
453. State laws not affected.
454. Partial invalidity.
70, 84 Stat. 1189.
SUBCHAPTER I-DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
Campaign Communications Beform.
Campaign Communications Reform Act,
Definitions, media rate and related re-
classified to chapter 7 (section 801 et
payment from contingent fund
quirements, limitations of expenditures
seq.) and amendatory of sections 312 and
for use of communications media, regu-
315 of Title 47, Telegraphs, Telephones,
II be paid from the contingent
lations, and penalties, see provisions of
and Radiotelegraphs.
m funds appropriated for the
§ 431. Definitions
by the chairman.
70. 84 Stat. 1189.
When used in this subchapter-
(a) "election" means (1) a general, special, primary. or runoff
election, (2) a convention or caucus of a political party held to
nominate a candidate, (3) a primary election held for the selection
of delegates to a national nominating convention of a political
party, (4) a primary election held for the expression of a preference
for the nomination of persons for election to the office of President,
and (5) the election of delegates to a constitutional convention for
proposing amendments to the Constitution of the United States;
263
2 § 431
THE CONGRESS
8432
THE CONGRESS
(b) "candidate" means an individual who seeks nomination for
(h) "person" means an individual, partnership, committee, as-
election, or election, to Federal office, whether or not such individual
sociation, corporation, labor organization, and any other organiza-
is elected, and, for purposes of this paragraph, an individual shall
tion or group of persons; and
be deemed to seek nomination for election, or election, if he has
(i) "State" means each State of the United States, the District of
(1) taken the action necessary under the law of a State to qualify
Columbia, the Commonwealth of Puerto Rico, and any territory or
himself for nomination for election, or election, to Federal office,
possession of the United States.
or (2) received contributions or made expenditures, or has given his
Pub.L. 92-225, Title III, § 301, Feb. 7, 1972, 86 Stat. 11.
consent for any other person to receive contributions or make ex-
Effective Date. Section 406 of Pub.L.
sections 591, 600, 608, 010, and 611 of Title
92-225 provided that: "Except as pro-
18 and sections 312 and 315 of Title 47,
penditures, with a view to bringing about his nomination for election,
vided in section 401 of this Act [classi-
repealed sections 241-256 of this title and
fied to section 451 of this title], the pro-
section 609 of Title 18, and enacted pro-
or election, to such office;
(c) "Federal office" means the office of President or Vice Presi-
visions of this Act [see Short Title note
visions set out as notes under this sec-
under this section] shall become effective
tion and section 801 of Title 47] may be
dent of the United States; or of Senator or Representative in, or
on December 31, 1971, or sixty days aft-
cited as the 'Federal Election Campaign
Delegate or Resident Commissioner to, the Congress of the United
er the date of enactment of this Act
Act of 1071'."
[Feb. 7, 1972], whichever is later."
Legislative History. For legislative
Short Title. Section 1 of Pub.L. 02-
history and purpose of Pub.L. 92-225, see
States;
225 provided "That this Act [which
1972 U.S.Code Cong. and Adm.News, D.
(d) "political committee" means any committee, association, or
enacted this chapter and chapter 7 (see-
organization which accepts contributions or makes expenditures
tion 801 et seq.) of Title 47, amended
during a calendar year in an aggregate amount exceeding $1,000;
(e) "contribution" means—
§ 432. Organization of political committees Chairman; treasurer;
(1) a gift, subscription, loan, advance, or deposit of money
vacancies; official authorizations
or anything of value, made for the purpose of influencing the
(a) Every political committee shall have a chairman and a treasurer.
nomination for election, or election, of any person to Federal
No contribution and no expenditure shall be accepted or made by or on
office or as a presidential or vice-presidential elector, or for the
behalf of a political committee at a time when there is a vacancy in the
purpose of influencing the result of a primary held for the
office of chairman or treasurer thereof. No expenditure shall be made for
selection of delegates to a national nominating convention of a
or on behalf of a political committee without the authorization of its chair-
political party or for the expression of a preference for the
man or treasurer, or their designated agents.
nomination of persons for election to the office of President, or
for the purpose of influencing the election of delegates to a
Account of contributions; segregated funds
constitutional convention for proposing amendments to the Con-
(b) Every person who receives a contribution in excess of $10 for a
stitution of the United States;
political committee shall, on demand of the treasurer, and in any event
(2) a contract, promise, or agreement, whether or not legally
within five days after receipt of such contribution, render to the treas-
enforceable, to make a contribution for any such purpose;
urer a detailed account thereof, including the amount, the name and
(3) a transfer of funds between political committees;
address (occupation and the principal place of business, if any) of the
(4) the payment, by any person other than a candidate or
person making such contribution, and the date on which received. All
political committee, of compensation for the personal services
funds of a political committee shall be segregated from, and may not
of another person which are rendered to such candidate or com-
be commingled with, any personal funds of officers, members, or
mittee without charge for any such purpose; and
associates of such committee.
(5) notwithstanding the foregoing meanings of "contribu-
tion", the word shall not be construed to include services pro-
Recordkeeping
vided without compensation by individuals volunteering a por-
(c) It shall be the duty of the treasurer of a political committee to keep
tion or all of their time on behalf of a candidate or political
a detailed and exact account of
committee;
(1) all contributions made to or for such committee;
(f) "expenditure" means—
(2) the full name and mailing address (occupation and the prin-
(1) a purchase, payment, distribution, loan, advance, deposit,
cipal place of business, if any) of every person making a contribution
or gift of money or anything of value, made for the purpose of
in excess of $10, and the date and amount thereof;
influencing the nomination for election, or election, of any
(3) all expenditures made by or on behalf of such committee;
person to Federal office, or as a presidential and vice-presidential
and
elector, or for the purpose of influencing the result of a primary
(4) the full name and mailing address (occupation and the prin-
held for the selection of delegates to a national nominating
cipal place of business, If any) of every person to whom any expendi-
convention of a political party or for the expression of a prefer-
ture is made, the date and amount thereof and the name and address
ence for the nomination of persons for election to the office of
of, and office sought by, each candidate on whose behalf such
President, or for the purpose of influencing the election of dele-
expenditure was made.
gates to a constitutional convention for proposing amendments
to the Constitution of the United States;
Receipts: preservation
(2) a contract, promise, or agreement, whether or not legally
(d) It shall be the duty of the treasurer to obtain and keep a receipted
enforceable, to make an expenditure, and
bill, stating the particulars, for every expenditure made by or on behalf
(3) a transfer of funds between political committees;
of a political committee in excess of $100 in amount, and for any such
(g) "supervisory officer" means the Secretary of the Senate with
expenditure in a lesser amount, if the aggregate amount of such expendi-
respect to candidates for Senator; the Clerk of the House of Repre-
tures to the same person during a calendar year exceeds $100. The
sentatives with respect to candidates for Representative in, or Dele-
treasurer shall preserve all receipted bills and accounts required to
gate or Resident Commissioner to, the Congress of the United States;
be kept by this section for periods of time to be determined by the
and the Comptroller General of the United States in any other case;
supervisory officer.
1 U.S.C.A.-17%
264
265
1972 P.P.
2 § 432
THE CONGRESS
THE CONGRESS
454
(6) the name, address, office sought, and party affiliation of (A)
Unauthorized activities; notice
each candidate whom the committee is supporting, and (B) any
(e) Any political committee which solicits or receives contributions
other individual, if any, whom the committee is supporting for
or makes expenditures on behalf of any candidate that is not authorized
nomination for election, or election, to any public office whatever;
in writing by such candidate to do so shall include a notice on the face
or, if the committee is supporting the entire ticket of any party, the
or front page of all literature and advertisements published in connection
name of the party;
with such candidate's campaign by such committee or on its behalf stating
(7) a statement whether the committee is a continuing one;
that the committee is not authorized by such candidate and that such
(8) the disposition of residual funds which will be made in the
candidate is not responsible for the activities of such committee.
event of dissolution;
Funds solicitation, notice; annual report, copies
(9) a listing of all banks, safety deposit boxes, or other reposi-
(f) (1) Any political committee shall include on the face or front
tories used;
page of all literature and advertisements soliciting funds the following
(10) a statement of the reports required to be filed by the com-
mittee with State or local officers, and, if so, the names, addresses,
notice: "A copy of our report filed with the appropriate supervisory officer
and positions of such persons; and
is (or will be) available for purchase from the Superintendent of Docu-
(11) such other information as shall be required by the super-
ments, United States Government Printing Office, Washington, D. C.
visory officer.
20402.". (2) (A) The supervisory officer shall compile and furnish to the
Information changes; report
Public Printer, not later than the last day of March of each year, an
(c) Any change in information previously submitted in a statement
annual report for each political committee which has filed a report with
of organization shall be reported to the supervisory officer within a ten-
him under this subchapter during the period from March 10 of the
day period following the change,
preceding calendar year through January 31 of the year in which such
annual report is made available to the Public Printer. Each such annual
Disbanding of political committees or contributions and expenditures
below prescribed celling: notice
report shall contain-
(d) Any committee which, after having filed one or more statements
(1) a copy of the statement of organization of the political com-
of organization, disbands or determines it will no longer receive con-
mittee required under section 433 of this title, together with any
tributions or make expenditures during the calendar year in an aggregate
amendments thereto; and
amount exceeding $1,000 shall so notify the supervisory officer.
(ii) a copy of each report filed by such committee under section
Pub.L. 92-225, Title III, i 303, Feb. 7, 1972, 86 Stat. 14.
434 of this title from March 10 of the preceding year through
References in Text. Date of enactment Effective Date. Section effective sixty
January 31 of the year in which the annual report is so furnished
of this Act, referred to in subsec. (a), days after Feb. 7, 1972, see section 406
means Feb. 7, 1972, the date on which of Pub.L. 92-225, set out as a note un-
to the Public Printer.
Pub.L. 92-225 was enacted into law.
der section 431 of this title.
(B) The Public Printer shall make copies of such annual reports
available for sale to the public by the Superintendent of Documents
§ 434. Reports by political committees and candidates-Receipts and
as soon as practicable after they are received from the supervisory
expenditures; completion date, exception
officer. Pub.L. 92-225, Title III, I 302, Feb. 7, 1972, 86 Stat. 12.
(a) Each treasurer of a political committee supporting a candidate
or candidates for election to Federal office, and each candidate for
Effective Date. Section effective sixty of Pub.L. 92-225, set out as a note un-
election to such office, shall file with the appropriate supervisory officer
days after Feb. 7, 1972, see section 406 der section 431 of this title.
reports of receipts and expenditures on forms to be prescribed or approved
§ 483. Registration of political committees-Statements of organiza-
by him. Such reports shall be filed on the tenth day of March, June, and
September in each year and on the fifteenth and fifth days next preceding
tion
the date on which an election is held, and also by the thirty-first day of
(a) Each political committee which anticipates receiving contributions
January. Such reports shall be complete as of such date as the super-
or making expenditures during the calendar year in an aggregate amount
exceeding $1,000 shall file with the supervisory officer a statement of
visory officer may prescribe, which shall not be less than five days before
the date of filing, except that any contribution of $5,000 or more received
organization, within ten days after its organization or, if later, ten days
after the last report is filed prior to the election shall be reported within
after the date on which it has information which causes the committee
forty-eight hours after its receipt.
to anticipate it will receive contributions or make expenditures in excess
of $1,000. Each such committee in existence at the date of enactment
Contents of reports
of this Act shall file a statement of organization with the supervisory
(b) Each report under this section shall disclose—
officer at such time as he prescribes.
(1) the amount of cash on hand at the beginning of the reporting
period;
Contents of statements
(2) the full name and mailing address (occupation and the prin-
(b) The statement of organization shall include-
cipal place of business, if any) of each person who has made one or
(1) the name and address of the committee;
more contributions to or for such committee or candidate (including
(2) the names, addresses, and relationships of affiliated or con-
the purchase of tickets for events such as dinners, luncheons, rallies,
nected organizations;
and similar fundraising events) within the calendar year in an
(3) the area, scope, or jurisdiction of the committee;
aggregate amount or value in excess of $100, together with the
(4) the name, address, and position of the custodian of books and
amount and date of such contributions;
accounts; (5) the name, address, and position of other principal officers,
(3) the total sum of individual contributions made to or for
such committee or candidate during the reporting period and not
and members of the finance committee, if any;
reported under paragraph (2);
267
N
8
404
(4) the name and address of each political committee or can-
didate from which the reporting committee or the candidate received,
which reports by political committees are filed, but nede- not be cumula-
tive.
or to which that committee or candidate made, any transfer of funds,
Pub.L. 92-225, Title III, § 305, Feb. 7, 1972, 86 Stat.
together with the amounts and dates of all transfers;
(5) each loan to or from any person within the calendar year in
Effective Date. Section effective sixty of Pub.L. 92-225, set a note UN-
days after Feb. 7, 1972, see section 406 der section 431 of this tithe GERAL
an aggregate amount or value in excess of $100, together with the
full names and mailing addresses (occupations and the principal.
places of business, if any) of the lender and endorsers, if any, and
§ 436. Formal requirements respecting reports and statements-
Verification
the date and amount of such loans;
(6) the total amount of proceeds from (A) the sale of tickets
(a) A report or statement required by this subchapter to be filed by a
to each dinner, luncheon, rally, and other fundraising event; (B)
treasurer of a political committee, a candidate, or by any other person,
mass collections made at such events; and (C) sales of items such
shall be verified by the oath or affirmation of the person filing such
as political campaign pins, buttons, badges, flags, emblems, hats,
report or statement, taken before any officer authorized to administer
banners, literature, and similar materials;
oaths.
(7) each contribution, rebate, refund, or other receipt in excess
of $100 not otherwise listed under paragraphs (2) through (6);
Copy: preservation
(8) the total sum of all receipts by or for such committee or
(b) A copy of a report or statement shall be preserved by the person
candidate during the reporting period;
filing it for a period of time to be designated by the supervisory officer
(9) the full name and mailing address (occupation and the
in a published regulation.
principal place of business, if any) of each person to whom expendi-
tures have been made by such committee or on behalf of such
Noncompliance relief
committee or candidate within the calendar year in an aggregate
(c) The supervisory officer may, by published regulation of general
amount or value in excess of $100, the amount, date, and purpose
applicability, relieve any category of political committees of the obli-
of each such expenditure and the name and address of, and office
gation to comply with section 434 of this title if such committee (1)
sought by, each candidate on whose behalf such expenditure was
primarily supports persons seeking State or local office, and does not
made;
substantially support candidates, and (2) does not operate in more than
(10) the full name and mailing address (occupation and the
one State or on a statewide basis.
principal place of business, if any) of each person to whom an
expenditure for personal services, salaries, and reimbursed expenses
Debts, pledges, etc.; separate schedules; aggregate amounts
in excess of $100 has been made, and which is not otherwise reported,
based upon actual payment
including the amount, date, and purpose of such expenditure;
(d) The supervisory officer shall, by published regulations of gen-
(11) the total sum of expenditures made by such committee or
eral applicability, prescribe the manner in which contributions and ex-
candidate during the calendar year;
penditures in the nature of debts and other contracts, agreements, and
(12) the amount and nature of debts and obligations owed by
promises to make contributions or expenditures shall be reported. Such
or to the committee, in such form as the supervisory officer may
regulations shall provide that they be reported in separate schedules.
prescribe and a continuous reporting of their debts. and obligations
In determining aggregate amounts of contributions and expenditures,
after the election at such periods as the supervisory officer may
amounts reported as provided in such regulations shall not be considered
require until such debts and obligations are extinguished; and
until actual payment is made.
(13) such other information as shall be required by the supervisory
Pub.L. 92-225, Title III, $ 306, Feb. 7, 1972, 86 Stat. 16.
Effective Date. Section effective sixty of Pub.L. 92-225, set out as a note un-
officer.
days after Feb. 7, 1972, see section 406 der section 431 of this title.
Cumulative reports for calendar year; amounts for unchanged
items carried forward; statement of inactive status
8 487. Reports on convention financing
(c) The reports required to be filed by subsection (a) of this section
Each committee or other organization which—
shall be cumulative during the calendar year to which they relate, but
where there has been no change in an item reported in a previous report
(1) represents a State, or a political subdivision thereof, or any
during such year, only the amount need be carried forward. If no
group of persons, in dealing with officials of a national political
contributions or expenditures have been accepted or expended during
party with respect to matters involving a convention held in such
a calendar year, the treasurer of the political committee or candidate
State or political subdivision to nominate a candidate for the office
of President or Vice President, or
shall file a statement to that effect.
Pub.L. 92-225, Title III, I 304, Feb. 7, 1972, 86 Stat. 14.
(2) represents a national political party in making arrangements
Effective Date. Section effective sixty of Pub.L. 92-225, set out as a note un-
for the convention of such party held to nominate a candidate for
days after Feb. 7, 1972, see section 406 der section 431 of this title.
the office of President or Vice President,
shall, within sixty days following the end of the convention (but not
8 485. Reports by others than political committees
later than twenty days prior to the date on which presidential and vice-
Every person (other than a political committee or candidate) who
presidential electors are chosen), file with the Comptroller General of
makes contributions or expenditures, other than by contribution to a
the United States a full and complete financial statement, in such form
political committee or candidate, in an aggregate amount in excess of
and detail as he may prescribe, of the sources from which it derived
$100 within a calendar year shall file with the supervisory officer a
its funds, and the purposes for which such funds were expended.
statement containing the information required by section 434 of this
Pub.L. 92-225, Title III, $ 307, Feb. 7, 1972, 86 Stat. 16.
title. Statements required by this section shall be filed on the dates on
Effective Date. Section effective sixty of Pub.L. 92-225, set out as a note un-
days after Feb. 7, 1972, see section 406 der section 431 of this title.
268
269
THE CONGRESS
2 8438
§ 438. Administrative and judicial provisions-Supervisory officers;
duties
(a) It shall be the duty of the supervisory officer-
Audits; Investigations
(11) to make from time to time audits and field investigations
Forms
with respect to reports and statements filed under the provisions
(1) to develop and furnish to the person required by the provi-
of this subchapter, and with respect to alleged failures to file any
sions of this Act prescribed forms for the making of the reports
report or statement required under the provisions of this subchapter;
and statements required to be filed with him under this subchapter;
Enforcement authorities; reports of violations
Manual for uniform bookkeeping and reporting methods
(12) to report apparent violations of law to the appropriate law
(2) to prepare, publish, and furnish to the person required to file
enforcement authorities; and
such reports and statements a manual setting forth recommended uni-
form methods of bookkeeping and reporting;
Rules and regulations
Filing, coding, and cross-indexing system
(13) to prescribe suitable rules and regulations to carry out the
(3) to develop a filing, coding, and cross-indexing system con-
provisions of this subchapter.
sonant with the purposes of this subchapter;
Federal and State filing of reports; procedures for Federal copies in watin-
Public inspection; copies; sale or use restrictions
faction of State requirements to eliminate multiple filings
(4) to make the reports and statements filed with him available
(b) The supervisory officer shall encourage, and cooperate with, the
for public inspection and copying, commencing as soon as prac-
election officials in the several States to develop procedures which will
ticable but not later than the end of the second day following the
eliminate the necessity of multiple filings by permitting the filing of
day during which it was received, and to permit copying of any
copies of Federal reports to satisfy the State requirements.
such report or statement by hand or by duplicating machine, as
requested by any person, at the expense of such person: Provided,
Comptroller General; duties: national clearinghouse for information;
studies, scope, publication, copies to general public at cost
That any information copied from such reports and statements
(c) It shall be the duty of the Comptroller General to serve as a
shall not be sold or utilized by any person for the purpose of solicit-
national clearinghouse for information in respect to the administration
ing contributions or for any commercial purpose;
of elections. In carrying out his duties under this subsection, the Comp-
troller General shall enter into contracts for the purpose of conducting
Preservation of reports and statements
(5) to preserve such reports and statements for a period of ten
independent studies of the administration of elections. Such studies shall
years from date of receipt, except that reports and statements relating
include, but shall not be limited to, studies of-
solely to candidates for the House of Representatives shall be pre-
(1) the method of selection of, and the type of duties assigned
served for only five years from the date of receipt;
to, officials and personnel working on boards of elections;
Current list of candidate statements; compilation and maintenance
(2) practices relating to the registration of voters; and
(6) to compile and maintain a current list of all statements or
(3) voting and counting methods.
parts of statements pertaining to each candidate;
Studies made under this subsection shall be published by the Comptroller
General and copies thereof shall be made available to the general public
Annual report; compliations of data
(7) to prepare and publish an annual report including compila-
upon the payment of the cost thereof. Nothing in this subsection shall be
tions of (A) total reported contributions and expenditures for all
construed to authorize the Comptroller General to require the inclusion of
candidates, political committees, and other persons during the year;
any comment or recommendation of the Comptroller General in any such
study.
(B) total amounts expended according to such categories as he
shall determine and broken down into candidate, party, and non-
party expenditures on the National, State, and local levels; (C)
Violations; complaint; investigation: notice and hearing; Federal
civil action for injunction, restraining order, or other
total amounts expended for influencing nominations and elections
appropriate order; venue; bond
stated separately; (D) total amounts contributed according to
(d) (1) Any person who believes a violation of this subchapter has
such categories of amounts as he shall determine and broken
occurred may file a complaint with the supervisory officer. If the super-
down into contributions on the national, State, and local levels
visory officer determines there is substantial reason to believe such a
for candidates and political committees; and (E) aggregate amounts
violation has occurred, he shall expeditiously make an investigation, which
contributed by any contributor shown to have contributed in excess
shall also include an investigation of reports and statements filed by
of $100;
the complainant If he is a candidate, of the matter complained of.
Special reports; comparisons
Whenever in the judgment of the supervisory officer, after affording due
(8) to prepare and publish from time to time special reports
notice and an opportunity for a hearing, any person has engaged or is
comparing the various totals and categories of contributions and
about to engage in any acts or practices which constitute or will constitute
expenditures made with respect to preceding elections;
a violation of any provision of this subchapter or any regulation or
order issued thereunder, the Attorney General on behalf of the United
Other reports
States shall institute a civil action for relief, including a permanent or
(9) to prepare and publish such other reports as he may deem
temporary injunction, restraining order, or any other appropriate order
appropriate;
in the district court of the United States for the district in which the
Dissemination of information
person is found, resides, or transacts business. Upon a proper showing
(10) to assure wide dissemination of statistics, summaries, and
that such person has engaged or is about to engage in such acts or
reports prepared under this subchapter;
practices, a permanent or temporary injunction, restraining order, or
other order shall be granted without bond by such court.
270
271
(4) to compile and maintain a current list of all statements or
Subpenas
parts of statements pertaining to each candidate.
(2) In any action brought under paragraph (1) of this subsection,
Pub.L. 92-225, Title III, $ 309, Feb. 7, 1972, 86 Stat. 18.
subpenas for witnesses who are required to attend a United States district
court may run into any other district.
days after Feb. 7, 1972, see section 406 der section 431 of this title.
Effective Date. Section effective sixty of Pub.L. 92-225, set out as a note un-
Court of appeals; time for petition for review
(3) Any party aggrieved by an order granted under paragraph (1)
§ 440. Prohibition of contributions in name of another
of this subsection may, at any time within sixty days after the date of
No person shall make a contribution in the name of another person,
entry thereof, file a petition with the United States court of appeals for
and no person shall knowingly accept a contribution made by one person
the circuit in which such person is found, resides, or transacts business,
in the name of another person.
for judicial review of such order.
Pub.L. 92-225, Title III, § 310, Feb. 7, 1972, 86 Stat. 19.
Finality of appellate judgment; review by Supreme Court
days after Feb. 7, 1972, see section 406 der section 431 of this title.
Effective Date. Section effective sixty of Pub.L. 92-225, set out as a note un-
(4) The judgment of the court of appeals affirming or setting aside,
in whole or in part, any such order of the district court shall be final,
§ 441. Penalties for violations
subject to review by the Supreme Court of the United States upon cer-
(a) Any person who violates any of the provisions of this subchapter
tiorari or certification as provided in section 1254 of Title 28.
shall be fined not more than $1,000 or imprisoned not more than one
year, or both.
Docket; advancement and priorities
(5) Any action brought under this subsection shall be advanced on
(b) In case of any conviction under this subchapter, where the punish-
the docket of the court in which filed, and put ahead of all other actions
ment inflicted does not include imprisonment, such conviction shall be
deemed a misdemeanor conviction only.
(other than other actions brought under this subsection).
Pub.L. 92-225, Title III, $ 311, Feb. 7, 1972, 86 Stat. 19.
Pub.L. 92-225, Title III, § 308, Feb. 7, 1972, 86 Stat. 16.
Effective Date. Section effective sixty
References In Text. This Act, referred
Effective Date. Section effective sixty
days after Feb. 7, 1972, see section 406
ganizations, and contributions by Gov-
to in subsec. (a) (1), means the Fed-
days after Feb. 7, 1972, see section 406
of Pub.L. 92-225, set out as a note un-
ernment contractors, see sections 591, 600,
eral Election Campaign Act of 1971, Pub.
of Pub.L. 92-225, set out as a note un-
der section 431 of this title.
608, 610, and 611 of Title 18, Crimes and
L. 92-225. For classification of the Act
der section 431 of this title.
Federal Election Criminal Provisions.
Criminal Procedure.
in the Code, see Short Title note set out
Definitions, promise of employment or
Campaign Communications Reform.
under section 431 of this title.
other benefit for political activity, limi-
Campaign communications reform, penal-
tations on contributions and expendi-
ties for violations, see section 805 of
tures, contributions or expenditures by
§ 439. Statements filed with State officers-"Appropriate State" de-
national banks, corporations or labor or-
Radiotelegraphs. Title 47, Telegraphs, Telephones, and
fined
(a) A copy of each statement required to be filed with a supervisory
§ 442. Authority to procure technical support and other services and
officer by this subchanter shall be filed with the Secretary of State (or,
incur travel expenses; payment of such expenses
if there is no office of Secretary of State, the equivalent State officer) of
For the purpose of carrying out his duties under the Federal Election
the appropriate State. For purposes of this subsection, the term "ap-
Campaign Act of 1971, the Secretary of the Senate is authorized, from
propriate State" means--
and after July 1, 1972, (1) to procure technical support services, (2) to
(1) for reports relating to expenditures and contributions in con-
procure the temporary or intermittent services of individual technicians,
nection with the campaign for nomination for election, or election,
experts, or consultants, or organizations thereof, in the same manner
of a candidate to the office of President or Vice President of the
and under the same conditions, to the extent applicable, as a standing
United States, each State in which an expenditure is made by him or
committee of the Senate may procure such services under section 72a(1)
on his behalf, and
of this title, (3) with the prior consent of the Government department
(2) for reports relating to expenditures and contributions in
or agency concerned and the Committee on Rules and Administration, to
connection with the campaign for nomination for election, or election,
use on a reimbursable basis the services of personnel of any such depart-
of a candidate to the office of Senator or Representative in, or
ment or agency, and (4) to incur official travel expenses. Payments to
Delegate or Resident Commissioner to, the Congress of the United
carry out the provisions of this paragraph shall be made from funds
States, the State in which he seeks election.
included in the appropriation "Miscellaneous Items" under the heading
"Contingent Expenses of the Senate" upon vouchers approved by the
Duties of State officers
Secretary of the Senate. All sums received by the Secretary under au-
(b) It shall be the duty of the Secretary of State, or the equivalent
thority of the Federal Election Campaign Act of 1971 shall be covered
State officer, under subsection (a) of this section-
into the Treasury as miscellaneous receipts.
(1) to receive and maintain in an orderly manner all reports
Pub.L. 92-342, § 101, July 10, 1972, 86 Stat. 435.
and statements required by this subchapter to be-filed with him;
References in Text. The Federal Elec-
(2) to preserve such reports and statements for a period of ten
tion Campaign Act of 1971, referred to in
Codification. Section was enacted as
text, is Pub.L. 92-225. For classification
part of Legislative Branch Appropriation
years from date of receipt, except that reports and statements
of Pub.L. 92-225 in the Code, see Short
Act. 1973, and not as a part of Federal
relating solely to candidates for the House of Representatives shall
Title note under section 431 of this title.
Election Campaign Act of 1971, which
comprises this chapter.
be preserved for only five years from the date of receipt;
(3) to make the reports and statements filed with him available
SUBCHAPTER II.-GENERAL PROVISIONS
for public inspection and copying during regular office hours, com-
mencing as soon as practicable but not later than the end of the
§ 451. Extension of credit by regulated industries; regulations
day during which it was received, and to permit copying of any such
report or statement by hand or by duplicating machine, requested by
The Civil Aeronautics Board, the Federal Communications Commission,
and the Interstate Commerce Commission shall each promulgate, within
any person, at the expense of such person; and
ninety days after February 7, 1972, its own regulations with respect to
272
1
U.S.C.A.-18
1972 P.P.
273
the extension of credit, without security, by any person regulated by
such Board or Commission to any candidate for Federal office (as such
CHAPTER 15-OFFICE OF TECHNOLOGY
term is defined in section 431 (c) of this title), or to any person on behalf
ASSESSMENT [NEW]
of such a candidate, for goods furnished or services rendered in connection
Sec.
Sec.
with the campaign of such candidate for nomination for election, or
471. Congressional findings and declara-
(e) Requests to heads of executive
tion of purpose.
departments or agencies for
election, to such office.
472. Office of Technology Assessment.
detail of personnel; reim-
Pub.L. 92-225, Title IV, $ 401, Feb. 7, 1972, 86 Stat. 19.
(a) Creation.
bursement.
(b) Composition.
(f) Appointment and compensa-
Legislative History. For legislative 1072 U.S.Code Cong. and Adm.News, p.
(c) Functions and duties.
tion of personnel.
history and purpose of Pub.L. 92-225, see
(d) Initiation of assessment ac-
476. Technology Assessment Advisory
tivities.
Council.
(e) Availability of information.
(a) Establishment; composition.
§ 452. Prohibition against use of certain Federal funds for election
473. Technology Assessment Board.
(b) Duties.
(a) Membership.
(c) Chairman and Vice Chairman;
activities; definitions
(b) Execution of functions during
election by Council from
No part of any funds appropriated to carry out the Economic Opportu-
vacancies; filling of vacan-
members appointed from
cies.
public; terms and conditions
nity Act of 1964 shall be used to finance, directly or indirectly, any
(c) Chairman and vice chairman;
of service.
activity designed to influence the outcome of any election to Federal
selection procedure.
(d) Terms of office of members
(d) Meetings; powers of Board.
appointed from public; re-
office, or any voter registration activity, or to pay the salary of any
474. Director of Office of Technology
appointment.
officer or employee of the Office of Economic Opportunity who, in his
Assessment.
(e) Payment to Comptroller Gen-
(a) Appointment; term; compen-
eral and Director of Con-
official capacity as such an officer or employee, engages in any such
sation.
gressional Research Service
(b) Powers and duties.
of travel and other necessary
activity. As used in this section, the term "election" has the same mean-
(c) Deputy Director; appoint-
expenses; payment to mem-
ing given such term by section 431 of this title, and the term "Federal
ment; functions; compensa-
bers appointed from public
office" has the same meaning given such term by section 431 (c) of this
tion.
of compensation and reim-
(d) Restrictions on outside em-
imbursement for travel, sub-
ployment activities of Direc-
sistence, and other necessary
title. Pub.L. 92-225, Title IV, § 402, Feb. 7, 1972, 86 Stat. 19.
tor and Deputy Director.
expenses.
475. Powers of Office of Technology As-
477. Utilization of services of Library of
References in Text. The Economic Op-
Effective Date. Section effective sixty
sessment.
Congress.
portunity Act of 1904, referred to in the
days after Feb. 7, 1972, see section 406
(a) Use of public and private per-
(a) Authority of Librarian to
text, is classified to chapter 34 of Title
of Pub.L. 92-225, set out as a note un-
sonnel and organizations;
make available services and
der section 481 of this title.
formation of special ad
assistance of Congressional
42, The Public Health and Welfare.
hoc task forces; con-
Research Service.
tracts with governmental,
(b) Scope of services and assist-
etc., agencies and instru-
ance.
§ 458. State laws not affected
mentalities; advance, prog-
(c) Services or responsibilities
(a) Nothing in this Act shall be deemed to invalidate or make inap-
ress, and other payments;
performed by Congressional
utilization of services of
Research Service for Con-
plicable any provision of any State law, except where compliance with such
voluntary and uncompensat-
gress not altered or modi-
provision of law would result in a violation of a provision of this Act.
ed personnel; acquisition,
fied; authority of Librarian
(b) Notwithstanding subsection (a) of this section, no provision of
holding, and disposal of real
to establish within Congres-
and personal property;
sional Research Service addi-
State law shall be construed to prohibit any person from taking any action
promulgation of rules and
tional divisions, etc.
regulations.
(d) Reimbursement for services
authorized by this Act or from making any expenditure (as such term
(b) Recordkeeping by contractors
and assistance.
is defined in section 431 (f) of this title) which he could lawfully make
and other parties entering
478. Utilization of services of General
into contracts and other ar-
Accounting Offices.
under this Act.
rangements with Office;
(a) Authority of General Account-
Pub.L. 92-225, Title IV, $ 403, Feb. 7, 1972, 86 Stat. 20.
availability of books and rec-
ing Office to furnish finan-
ords to Office and Comp-
cial and administrative serv-
References in Text. This Act, referred
Effective Date. Section effective sixty
troller General for audit and
ices.
to in the text, means the Federal Elec-
days after Feb. 7, 1972, see section 406
examination.
(b) Scope of services and assist-
tion Campaign Act of 1971, Pub.L. 92-
of Pub.L. 92-225, set out as a note un-
(c) Operation of laboratories, pilot
ance.
225. For classification of the Act in the
der section 431 of this title.
plants, or test facilities.
(c) Services or responsibilities
Code, see Short Title note set out un-
(d) Requests to executive depart-
performed by General Ac-
der section 431 of this title.
ments or agencies for in-
counting Office for Congress
formation, suggestions, esti-
not altered or modified.
mates, statistics, and tech-
(d) Reimbursement for services
nical assistance; duty of ex-
and assistance.
§ 454. Partial invalidity
ecutive departments and
479. Coordination of activities with Na-
If any provision of this Act, or the application thereof to any person
agencies to furnish informa-
tional Science Foundation.
or circumstance, is held invalid, the validity of the remainder of the Act
tion, etc.
480. Annual report to Congress.
481. Authorization of appropriations;
and the application of such provision to other persons and circumstances
availability of appropriations.
shall not be affected thereby.
Pub. 92-225, Title IV, § 404, Feb. 7, 1972, 86 Stat. 20.
§ 471. Congressional findings and declaration of purpose
References In Text. This Act, referred
Effective Date. Section effective sixty
days after Feb. 7, 1972, see section 400
The Congress hereby finds and declares that:
to in the text, means the Federal Elec-
tion Campaign Act of 1971, Pub.L. 92-
of Pub.L. 92-225, set out as a note un-
(a) As technology continues to change and expand rapidly, its applica-
225. For classification of the Act in the
der section 431 of this title.
tions are-
Code. see Short Title note set out un-
(1) large and growing in scale; and
der section 431 of this title.
(2) increasingly extensive, pervasive, and critical in their impact,
beneficial and adverse, on the natural and social environment.
(b) Therefore, it is essential that, to the fullest extent possible, the
consequences of technological applications be anticipated, understood, and
considered in determination of public policy on existing and emerging na-
tional problems.
275
274
OF
THE LIBRARY OF CONGRESS
Congressional Research Service
Enclosed herewith please find materials
which should supply appropriate informa-
tion in answer to your request of 12/3
Sincerely,
Lister S Jayson
Lester S. Jayson
Director
J.m. American Law Lawrence Division
Ext.
6006
FORD LIBRARY
5-55h (rev 1/71)
The Library of Congress
&
Congressional Research Service
H1
Washington, D.C. 20540
*&*
S
APPLICABILITY OF THE EMOLUMENTS CLAUSE (ARTICLE I, SECTION 6,
CLAUSE 2) OF THE CONSTITUTION TO THE OFFICE OF VICE-PRESIDENT
The question has been raised whether Public Law 93-136, ef-
fective October 24, 1973, which guarantees to federal employees certain
minimum benefits under the Civil Service Retirement System, is an in-
crease in the "emoluments" of a "civil office" which would disqualify
Vice-President-designate Gerald Ford from holding such office under the
prohibition of Article I, section 6, clause 2 of the Constitution. That
provision states: "No senator or representative shall, during the time
for which he was elected, be appointed to any civil office under the
authority of the United States, which shall have been created, or the
emoluments whereof shall have been increased during such time; "
The House Committee Report (H.R. Rep. No. 93-457) on the
legislation underlying Pub. L. 93-136 described the legislation as:
designed to (1) eliminate the anomaly of a
difference in amount between annuities that commence
on or before the effective date of a cost-of-living
increase and those that commence shortly after that
date; (2) moderate the peaking of retirements
immediately before cost-of-living increases be-
come effective; and (3) reduce disruption in the
work of Government agencies caused by many employees
suddenly retiring at the same time.
Specifically, the law provides that the immediate (not de-
ferred) Civil Service retirement annuity of an employee retiring after
the effective date of a cost-of-living increase shall not be less than
GERALD RFURN
CRS-2
his annuity would have been if he had retired on the effective date of
the last cost-of-living increase. This provision applies whether or
not the retiring employee met the age and service requirements for an-
nuity before the effective date of the cost-of-living increase. Sim-
ilarly, the law provides that the annuity of an employee's widow or
widower beginning after the effective date of a cost-of-living increase
shall not be less than it would have been if it had begun on the ef-
fective date of the last cost-of-living increase. The provisions of
the law apply to annuities beginning on or after July 2, 1973 and apply
to those employees who retire or die in service after July 1, 1973.
Thus, an employee retiring on or after July 1, 1973, and before Jan-
uary 1, 1974, when another annuity increase may be due, will be entitled
to the annuity computed as of June 30, 1973, plus the 6.1 percent in-
crease effective that date, or the annuity earned on the date of actual
separation, whichever is higher. (0f course, the same will be true
after future cost-of-living increases).
The Vice-President of the United States may avail himself of
the Federal retirement system covered in the Civil Service Retirement
Laws. 5 U.S.C. 8331 et. seq. For purposes of these laws, a Member
of Congress may, by giving "notice in writing to the official by whom
he is paid , become subject" thereto. 5 U.S.C. 8331 (2). Else-
where, "Member of Congress" is defined to include the vice-president.
5 U.S.C. 2106.
GERALD A AND FORM
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We have no information as to whether Mr. Ford has executed
the requisite notice under 5 U.S.C. 8331 (2). Nor do we have informa-
tion whether Mr. Ford would benefit by the alternate method comput-
ing his annuity if he did so elect. Assuming that he has given the
requisite notice, two questions must be faced: First, did Pub. L.
93-136 effect an increase in the emoluments of the office of vice-
president, and, if so, second, is the office of vice-president a "civil
office" within the meaning of Article I, section 6, clause 2?
I.
Although the Framers of the Constitution did not specifically
define the meaning of the term "emolument", it would appear that it was
meant to be a broad generic term which was designed to encompass more
than simply the salary attached to an office. This seems confirmed by
the use of the term "compensation" in Article I, section 6, clause 1
("The Senators and Representatives shall receive a compensation for
their services ") and Article III, section 1 (The Judges... shall
receive for their services, a compensation. "). Of course, pensions
were not unknown at the time of the adoption of the Constitution.
Further, legal dictionaries generally agree on a broad definition
of the term:
emoluments. The profit arising from office or
employment; that which is received as compen-
sation for services, or which is annexed to the
possession of office as salary, fees, perquisites;
advantage; gain public or private
Indirect or
GERALD LEBRARY FORD
CRS-4
contingent remunerations which may or may not be earned;
remunerations in the nature of compensation or in the
nature of reimbursement. Waller V. U.S., 180 F. 2d
194... (Ballantine's Law Dictionary, 3rd Edition,
1969, pp. 398-399).
Emolument. The profit arising from office or employ-
ment; that which is received as compensation for
services, or which is annexed to the possession of
office as salary, fees, and perquisites;
It im-
ports any perquisite, advantage, profit or gain from
the possession of an office. (Bouvier's Law Dictionary,
Baldwin's Century Edition, 1948, p. 353).
Court decision have also tended to give the term an expansive reading.
In McClean V. United States, 226 U.S. 374 (1912), the Supreme Court
commented, "Pay and emoluments are but expressions of value used to
give complete recompense to a deserving officer. Their association
was deliberate; emoluments were additive of pay Of what consequence,
then, how they may be defined? They may be called 'indirect or contin-
gent remuneration', as they have been called; it may be said, as it
has been said, that 'they are sometimes in the nature of compensation
and sometimes in the nature of reimbursement"." (226 U.S. at p. 382).
Finally, in the context of the Emoluments Clause itself,
it would appear certain that the Framers meant to include all varieties
of pecuniary gain that might be attached to an office. One of the
principal purposes of the provision was to prevent Members from seeking
offices which they had "enriched". It cannot be presume that the
Framers were unaware that an office could be "enriched" by means other
than simply the raising of its salary.
BEHALD A LIBRARY FORD
CRS-5
It may be argued that the increased benefit provided by
Pub. L. 93-136 does not attach to the office of vice-president but
rather to Mr. Ford himself since annuities are computed essentially on
the basis of length of service, age and high average pay of the
annuitant. If so, the Emoluments Clause does not apply since the emol-
uments of the office of vice-president have not been increased during
Mr. Ford's current term. To the contrary, it may be contended that
since the salary of the vice-president is considerably in excess of
that of a Member, if Mr. Ford serves for three years his annuity will
be substantially greater than it would have been as a Member. As a
result, Mr. Ford, upon retirement, could receive a significant added
benefit from the alternate computation afforded by Pub. L. 93-136.
Since this would also be true of many other Members of Congress, the
benefit may not be viewed as simply an individual one. If one focuses
on the vice-president's office, it is seen that the new law could reap
an incumbent a considerable benefit.
It may also be argued that Mr. Ford's situation is closely
analogous to that which faced Hugo Block at the time of his appointment
to the Supreme Court. Then it was debated whether an increase in re-
tirement benefits during his term in the Senate constituted an increase
in emoluments within the scope of the Emoluments Clause. The Senate
confirmed the nomination, apparently agreeing with the Attorney General
that Senator Black was nevertheless eligible because the purpose of
GERALD LIBRANT FORD
CRS-6
the Clause was served "inasmuch as Mr. Black was only 51 years old
at the time and so would be ineligible for the increased emolument' for
nineteen years, it was not as to him an increased emolument." See
Corwin, Annotated Constitution at 133; N.Y. Times, August 14, 1937,
p. 1, col. 13. The Ford situation, however, would seem to be distinguish-
able. Mr. Ford's potential retirement is not so remote, and in view of
his lengthy service, would probably be eligible for full retirement
benefits upon completion of his term as vice-president.
R FORD LIBRARY
GERALD
CRS-7
II
But even assuming that Pub. L. 93-136 had the effect of in-
creasing the emoluments of the office of Vice-President, it does not
appear that the Emoluments Clause was meant to apply to that office.
This conclusion is supported by the history of the adoption of the
Clause, the usage of term "civil office" elsewhere in the Constitution,
court decisions dealing with the meaning of the term, and the commentaries
of leading constitutional scholars. The weight of these authorities and
precedents leads to the conclusion that the constitutional term "civil
office" was meant to include only those offices which are created by
Congress and subject to appointment, and not those elective offices
established by the Constitution itself.
After the preliminary debates in the Convention on the
Emoluments Clause, the Committee of the Whole reported the following
language: "Members of the first and second branch of the National
Legislature ought to be ineligible to any office established by a
particular state, or under the authority of the United States (ex-
cept those particularly belonging to the functions of each branch)
during the term of service, and under the National Government for
the space of one year after its expiration." This language was re-
ferred to the Committee on Detail which reported out the provision,
then embodied in Article I, Section 9, as follows:
The Members of each House shall be ineligible to,
and incapable of holding, any office under the authority
of the United States during the time for which they shall
respectively be elected; and the Members of the Senate
shall be ineligible to, and incapable of holding,
such office for one year afterwards. (Farrand, vol.
p. 180).
any GERAL R. FORD LIBRARY
CRS-8
At that point, then, the only changes found necessary by the Committee
were the elimination of the prohibition against state office holding
and the deletion of the additional one year disability for House Members.
It may be noted that this relatively minor change came about despite
attempts led by James Madison at modification.
The critical debate on the Clause occurred on September 3. The
language then under consideration was a revision by the Committee of
Eleven of the Committee on Detail's resolution (quoted above) which read
as follows:
The members of each House shall be ineligible to any
civil office under the authority of the United States,
during the time for which they shall respectively be
elected; and no person holding an office under the
United States shall be a member of either House during
tis continuance in office.
It was at this time, however, that proponents of modification again proposed
that disqualification be. limited to situations where an office had been
created, the emoluments attached to an old office have been increased
during the term of a member, and also to situations of dual office-holding.
The significant change to be noticed here for present purposes was that
the proposal on the floor limited ineligibility to any civil office under
the authority of the United States. Proponents of modification ultimately
carried the day on a close vote. The language adopted, which but for one
further important change, is virtually that which found its way into the
final draft, read;
"The members of each House shall be ineligible to any
Civil office under the authority of the U: States, created, or
the emoluments whereof shall have been increased during
the time for which they shall respectively be elected - And
no person holding any office under the U.S. shall be a member
of either House during his continuance in office."
GERALD R FORD LIBRARY
CRS-9
This language may now be compared with that which appears as Article
I, Section 6, Clause 2:
No Senator or Representative shall, during the Time for
which he was elected, be appointed to any civil Office
under the Authority of the United States, which shall have
been created, or the Emoluments whereof shall have been
encreased during such time; and no Person holding any
Office under the United States, shall be a Member of either
House during his Continuance in Office.
The final important change alluded to was the addition by the Committee
on Style of the words "be appointed to," the significance of which is
discussed below.
The evolution of the clause therefore demonstrates the fol-
lowing: First, the Framers consciously limited ineligibility to civil
offices rather than to the more encompassing phrase "any office" as
had previously appeared. That this was a significant distinction in
the minds of the Framers is indicated by the fact that the disquali-
fication for dual office-holding in the last phrase of the Clause
applies to "any office under the United States." Second, the addi-
tion of the words "be appointed to" gives further meaning to the term
civil office since it conforms it to the sense of similar terminology
found elsewhere in the Constitution. That is, where the term civil
office appears in other provisions of the Consitution, it seems clear
that a distriction is being made between offices created by the Consti-
tution and offices to be created by the Congress. By specifically
linking the concept of appointment to those offices which Members could
not hold under the conditions specified, the Framers were making the
A. FORD LIBRARY
CRS-10
Emoluments Clause consistent with those other provisions of the Consti-
tution; and by that consistency the office of the Vice-President seems
taken out from under the coverage of the Clause.
In the absence of any contrary evidence as to the meaning of
"civil office" in the debates on this provision, the evolution in termino-
logy must be deemed of significance in itself. The Framers, we have
been taught, chose their words with care. And reference to analogous
terminology in other provisions tends to confirm the thesis propound-
ed.
Article II, Section 2, declares that: "The President, Vice-
President, and all civil officers of the United States, shall be removed
from office on impeachment for, and conviction of, treason, bribery,
and other high crimes and misdeameanors." The distinction made between
civil officers and the two elected constitutional officers is clear
and unmistakable.
Article II, Section 3 provides that the President "shall
commission all the officers of the United States." Of course the Vice-
President is not commissioned by the President and it is significant
that under the Twenty-fifth Amendment, the nomination and confirmation
of a new Vice-President by both Houses of Congress is not followed by
a commissioning.
Finally, Article II, Section 2, Clause 2 provides that the
President:
shall nominate, and by and with the advice and
consent of the Senate, shall appoint ambassadors,
GERALD FORD LIBRARY
other public ministers and counsels, judges of
CRS-11
the Supreme Court, and all other officers of the
United States, whose appointments are not herein
otherwise provided for, and which shall be estab-
lished by law; but the Congress may by law vest
the appointment of such inferior officers, as
they think proper, in the President alone, in
the courts of law, or in the heads of the depart-
ments."
Judicial interpretation of this provision has made it clear that there
can be no offices of the United States except those which are created
by the Constitution itself, or by an act of Congress, and that no one
can be deemed an officer of the United States unless appointed by the
President by and with the advice and consent of the Senate, or appointed
by the President alone, or a court of law, or the head of a department;
and if the latter, Congress must have vested that power in the person
making it, by some statute, and Congress must also have created the
office, unless it is one created by the Constitution itself. United
States v. Germaine, 99 U.S. 508 (1879) ; United States V. Mouat, 124
U.S. 303 (1888) United States V. Smith, 124 U.S. 525 (1888); Burton
V. United States 202 U.S. 344 (1906) United States V. Maurice,
96, 26 Fed. Cas. No. 15, 747 (1823); Scully V. United States, 193 F.
Rep. 185 (1911); and see also, Willoughby, The Constitutional Law of the
United States (1929), PP 605, 1447-1448, 1510; Corwin, The President,
Office and Powers (1957), pp. 69-73.
In United States V. Maurice, Chief Justice Marshall (sitting
as a circuit judge) held that "this clause makes a general provision,
that the President shall nominate, and by and with the consent of the
FORD
Senate, appoint to all offices of the United States, with such exception
GERAL
IBRARY
CRS-12
only as are made in the Constitution, and that all offices (with the
same exceptions) shall be established by law."
In the Germaine case, the Supreme Court declared: "The
argument is that provision is here made (that is, in Art. II, Sec.2)
for the appointment of all offices of the United States. ... The Consti-
tution, for purposes of appointment, very clearly divides all its officers
into two classes. The primary class requires a nomination by the Presi-
dent and confirmation by the Senate. But, foreseeing that when officers
became numerous, and sudden removals necessary, this mode might be in-
convenient, it was provided that, in regard to officers inferior to those
specifically mentioned, Congress might by law vest their appointment in
the President alone, in the courts of law, or in the heads of departments.
That all persons who can be said to hold office under the government
about to. be established under the Constitution were intended to be in-
cluded within one or the other of these modes of appointments, there can
be little doubt." In the Smith case the Court stated: "An officer of
the United State can only be appointed by the President, by and with the
advice and consent of the Senate, or by a court of law, or the heads of a
department. A person in the service of the Government who does not de-
rive his position from one of these sources is not an officer of the
United States in the sense of the Constitution."
It may be noted that in subsequent decisions the Court has
not departed from this rule although they have recognized that the word
"officer" may have a broader meaning when used in statutes. In such
GERALD LERRARY
CRS-13
cases the Court has distinguished between the constitutional and the
statutory use of the term. Thus in the Lamar cases the Supreme Court
held that Members of Congress are officers of the United States within
the meaning a provision of the criminal code. But Justice Holmes in
the first Lamar case, and Justice White in the second, were careful to
distinguish that ruling from earlier ones which held that Members were
not officers in the constitutional sense. Lamar V. United States, 240
U.S. 60 and 241 U.S. 107 (1916) ; see also United States V. Gradwell, 234
Fed. 446 (1916).
Since the Vice-President does not hold his office by virtue
of an appointment under Article II, Section 2, Clause 2, and since the
Twenty-fifth Amendment's nomination and confirmation process in no way
changes the nature of the Vice-Presidency as a constitutional office
under the Constitution, it would appear reasonably certain that the office
of Vice-President was not intended to be encompassed within term "civil
office" in Article I, Section 6, Clause 2.
In summary, then it is concluded that, although not entirely
free from doubt, Pub. L. 93-136 effected an increase in the emoluments
of the office of Vice-President, but that, assuming it effected such an
increase, it does not appear that the Vice-President is a "civil officer"
in the sense in which that term is used in Article I, Section 6, Clause 2
and elsewhere in the Constitution.
Moston
Morton Rosenberg Roserberg on
LIBIARY
Legislative Attorney
GERALD
R
THE LIBRARY OF CONGRESS
Congressional Research Service
WASHINGTON, D.C. 20540
APPLICABILITY OF THE EMOLUMENTS CLAUSE
(ARTICLE I, SECTION 6, CLAUSE 2) OF
THE CONSTITUTION TO THE OFFICE OF
VICE-PRESIDENT: A SUMMARY
In view of the urgent requests for information as to the
effect of Article I, §6, Clause 2 on the eligibility Gerald Ford to
hold the vice-presidency, the following summary of the full report
is herewith submitted. It is anticipated that the completed report
will be available later this day.
The passage of Pub. L. 93-136 on October 24, 1973 enhancing
the retirement annuity benefits of federal employees, including Members
of Congress and the Vice-President raises questions as to the eligibility
of Gerald Ford for the office of Vice-President.
That law, on its
face, appears to increase the emoluments of an executive office during
the term of a member of congress whose appointment is sought for that
office. Therefore, two questions are raised: 1. Did Pub. L. 93-136
effect an increase in the emoluments of the Vice-President? 2. Is the
Vice President a civil officer within the meaning of the Constitution?
With regard to question 1, an argument can be made to the
effect that Pub. L. 93-136 did not effect an increase in the emoluments
of the office of vice-president, but rather granted a potential pecun-
iary benefit to government employees generally, one of whom might be a
GERALD R. FORD LIBITARY
CRS-2
possible incumbent to that office. On the other hand, there is weighty
evidence that the term emoluments was meant to encompass a wide variety
of pecuniary benefits that might attach to an office, particularly within
the context of one of the principal purposes of the Emoluments Clause (i.e.,
the prevention of office seeking for personal gain.)
But even if Pub. L. 93-136 effected an increased emolument for
the vice-presidents office, it would appear that there is substantial
doubt that that office is a "civil office" as that term is to be under-
stood under the Emoluments Clause and elsewhere in the Constitution. That
conclusion is based on the following reasoning and authorities:
First, the evolution of the Clause during the Constitutional debates
of 1787 demonstrates that the Framers consciously narrowed the scope of
the area of disqualification of Members of Congress in two ways: by limiting
the conditions of disqualification to three (creation of a new office, in-
creasing the emoluments of an old office, and dual office-holding) and by
limiting the type of office for which a Member may be disqualified under
the first two conditions to "civil office" rather than "any office".
Second, it is apparent that the term "civil office" has a special
meaning under the Constitution. It is limited to those offices created
by Congress or the Constitution which are subject to the appointment
process delineated in Article II, §2, clause 2. It is also apparent
that the Framers deliberately made a distinction between such civil office
and the constitutional, elective offices of President and Vice-President.
Since the vice-president is not subject to nomination, confirmation or
commissioning, under the Constitution or its amendments (it is concluded that
the provisions of the Twenty-fifth Amendment do noteffect a change in
GERALD
LIBRARY
CRS-3
either the constitutional status of the Vice-President or the appointment
process of Aricle II, $2, clause 2), it is not within the concept of
civil office as that term is used in the Emoluments Clause and elsewhere
Finally, judicial precedents and leading commentators on the
Constitution agree with the exposition of the meaning and scope of the
term civil office expounded about. United States V. Germaine, 99 U.S. 508
(1879); United States V. Mauat, 124 U.S. 303 (1888); United States V.
Smith, 124 U.S. 525 (1888); Burton V. United States, 202 U.S. 344 (1906);
United States V. Maurice, 2 Brock, 96, 26 Fed. Cas. No. 15, 747 (1823),
Scully V. United States, 193 F. Rep. 185 (1911); and see also, Willoughby
The Constitutional Law of the United States (1929), PP 605, 1447-1448,
1510; Corwin, The President, Office and Powers (1957), pp. 69-73.
Morton Rosenberg
Legislative Attorney
American Law Division
November 29, 1973
FORD R. LIBRARY GERALD
Some items in this folder were not digitized because it contains copyrighted
materials. Please contact the Gerald R. Ford Presidential Library for access to
these materials.
C
On The
Floor
SENATE APPROVES FORD NOMINATION FOR VICE PRESIDENT
Senate-Nov. 27, by a 92-3 roll-call vote, ap-
proved the nomination of Rep. Gerald R. Ford (R Mich.)
to be vice president of the United States.
Former Member Represents Ford
The overwhelming vote for Ford came one week
after the Rules and Administration Committee unani-
The constant presence of former Rep. William C.
mously recommended his confirmation, and six and a
Cramer (R Fla.) with Rep. Gerald R. Ford (R Mich.) at
half weeks after his nomination Oct. 12 by President
Ford's vice presidential confirmation hearings by the
Committee Report
The nine-member Rules and Administration Com-
mittee after three days of public hearings, nine closed
sessions and what it called the most exhaustive FBI in-
vestigation in U.S. history of a candidate for public
COPYRIGHT 1973 CONGRESSIONAL QUARTERLY INC.
GEI
PAGE 3148-Dec. 1, 1973
Reproduction prohibited in whole or in part except by editorial clients
AIR TRAVEL CREDIT FOR POLITICAL CANDIDATES-CAB PROPOSED CONDITIONS,
PROHIBITIONS, AND REPORTING REQUIREMENTS
PROPOSED RULEMAKING
[Federal Register, Vol. 37, No. 49, Saturday, Mar. 11, 1972]
CIVIL AERONAUTICS BOARD
ferred to as the "Election Campaign
credit on such reasonable terms and
Act"), reflects recognition by Congress
conditions as the carrier in its judgment
14 CFR Part 374a ]
of the historical fact that political can-
deems appropriate, so long as the same
didates, as a class, and regardless of
terms and conditions apply uniformly to
[Docket No. 24275]
party affiliation, have been particularly-
all candidates for political office; and
EXTENSION OF CREDIT TO POLITICAL
and even uniquely-slow in discharging
(5) require carriers to file special reports
their debts to air carriers and other reg-
with respect to credit extended to politi-
CANDIDATES
ulated industries which have extended
cal candidates. We are requesting that
Notice of Proposed Rule Making
credit to persons purchasing their serv-
comments filed herein indicate clearly
ices for campaign purposes. The section
which of the above proposals are pre-
For the reasons set forth in the
therefore provides in pertinent part, as
ferred, the order of preference, and the
attached Explanatory Statement, the
follows:
1
reasons for such preference.4
Board has determined to issue a notice
of proposed rule making to adopt a new
SEC. 401. The Civil Aeronautics Board
Although, as indicated, the Board
shall
Part 374a pursuant to section 401 of the
promulgate, within 90 days
may decide ultimately to adopt only the
after the date of enactment of this Act, its
above reporting requirement, we have
Federal Election Campaign Act of 1971,
own regulations with respect to the ex-
tentatively concluded that, should one
with respect to the extension of credit to
tension of credit, without security, by any
or more of the other described proposals
political candidates by persons regulated
person regulated by such Board * to
be adopted, we would add thereto such
by the Civil Aeronautics Board.
any candidate for Federal office (as such
reporting requirement.
The principal features of the próposal
term is defined in section 301(c) of the
Federal Election Campaign Act of 1971), or
The proposed reporting requirement
are described in the Explanatory State-
to any person on behalf of such a candidate,
would provide that, during the period
ment and the proposed amendments are
for goods furnished or services rendered
from 6 months before nomination, if
set forth in` the proposed rule. The
in connection with the campaign of such
any, or from 6 months before election,
amendments are proposed under sections
candidate for nomination for election, or
until the date of election a semimonthly
204(a), 401, 403, 404(b), 407, and 416 of
election, to such office.
report must be filed by the carrier with
the Federal Aviation Act of 1958, as
In order to comply with this directive,
the Board. Each report will cover the
amended (72 Stat. 743, 754 (as amended
we propose a new part of the Board's
previous half-month period ending on
by 76 Stat. 143, 82 Stat. 867), 758 (as
special regulations (14 CFR Part 374a)
the 15th day or the last day of each
amended by 74 Stat. 445), 760, 766 (as
to be entitled "Regulations pursuant to
calendar month, as the case may be. It
amended by 83 Stat. 103), 771; 49 U.S.C.
section 401 of the Federal Election Cam-
will list every account with a principal
1324, 1371, 1373, 1374, 1377, 1386) and
paign Act of 1971, with respect to exten-
balance of over $5,000 on the last day
section 401 of the Federal Election Cam-
sion of unsecured credit to persons regu-
of the reporting period, with respect.to
paign Act of 1971, Public Law 92-225,
lated by the Civil Aeronautics Board,"
which there would be included in the re-
86 Stat. 19,
U.S.C.
to be applicable to all certificated air
port: (1) Name of account and identi-
Interested persons may participate in
carriers, including supplemental air car-
fication of candidate; (2) the credit
the rule making through submission of
riers. We are tentatively considering the
limit, if any, established for such ac-
twelve (12) copies of written data, views,
following various alternative and com-
count; (3) the balance, if any, as of the
or arguments pertaining thereto, ad-
plementary provisions (§§ 374a.4 through
last day of the half-month covered by
dressed to the Docket Section, Civil Aero-
374a.7 and 374a.9) with a view to
the report, of the amount payable for
nautics Board, Washington, D.C., 20428.
adopting such of them as we determine
services not paid for in advance of such
All relevant material in communications
to be appropriate in light of the com-
services being furnished; (4) the unpaid
received on or before March 27, 1972, and
ments thereon: (1) Prohibit the fur-
balance, if any, of the charge for such
reply comments received on or before
nishing of air transportation unless the
services as of the last day of such re-
April 5, 1972, will be considered by the
ported period; and (5) a description of
Board before taking final action on the
political candidates, or persons acting
the type and value of any bond, col-
proposed rules. Copies of such communi-
on their behalf, make full payment in
lateral, or other security securing such
cations will be available for examination
advance or provide full security in ad-
unpaid balance.
by interested persons in the Docket Sec-
vance; (2) prohibit the furnishing of
The proposed reporting rule would
tion of the Board, Room 712 Universal
air transportation to such political can-
further provide that, should the Board
Building, 1825 Connecticut Avenue NW.,
permit carriers to choose to extend
didates unless they maintain an account
Washington, D.C., upon receipt thereof.
credit to candidates on a nondiscrimina-
for air transportation on a current bill-
It should be noted that because the
tory basis, on such reasonable terms and
ing basis, i.e., billings to be made semi-
conditions as the particular carrier in its
proposed rule is to be adopted pursuant
monthly with full payment remitted
judgment thinks appropriate, then the
to section 401 of the Federal Election
within 14 days after billing; (3) permit
carrier shall, within 30 days after decid-
Campaign Act of 1971, the Board intends
carriers to refuse to extend unsecured
ing to offer credit on such terms and
credit, so that carriers may refuse to
to move forward as expeditiously as pos-
conditions, notify the Board of such de-
provide transportation for political
sible in order to put into effect a final
cision and set forth in detail the manner
campaign purposes unless there is full
in which, and the terms and conditions
rule thereon by May 7, 1972, the deadline
upon which, the extension of credit
prescribed by Congress in said section
1 This provision applies also to the Federal
would be granted.
401. Therefore, the Board does not con-
Communications Commission and the Inter-
The proposed rule to be set forth in
template the granting of any extensions
state Commerce Commission.
the new Part 374a would be prospective
of time for the filing of initial or reply
2 The cited Section 301 (c) defines Federal
office as the office of President or Vice Presi-
only, i.e., it would apply only to the ex-
comments with respect to this matter.
dent of the United States; or of Senator
tensions of credit to political candidates,
Dated: March 8, 1972.
or Representative in, or Delegates or Resident
or to persons acting on their behalf,
By the Civil Aeronautics Board.
Commissioner to, the Congress of the United
which are granted by certificated carriers
States.
subsequent to the effective date of the
[SEAL]
HARRY J. ZINK,
2 Although these five provisions are pre-
part, and not to debts resulting from
Secretary.
sented as different sections of a single pro-
past extensions of credit which remain
posed rule, we do not intend thereby to sug-
gest that all five provisions would, or could,
unpaid on the effective date of the part.
EXPLANATORY STATEMENT
be adopted in the final rule. Each of these
provisions is to be considered separately, and
Section 401 of the Federal Election
in the final rule any one or more of them
While we have tentatively concluded that
Campaign Act of 1971, Public Law 92-
may be adopted.
there is no practical need to extend this
225, 86 Stat. 19,
U.S.C.
payment in advance or full security in
regulation to carriers serving by exemption,
ap-
proved February 7, 1972 (hereinafter re-
we request comments on whether we should
advance; (4) permit carriers to extend
so extend the regulation.
Promulgate a new Part 374a entitled
and fifty percent (150%) of the estab-
the person from whom air transportation
with his campaign for nomination for
ance of over $5,000 on the last day of
setting forth in detail the manner in
"Regulations pursuant to section 401 of
lished credit limit for such account,
or services are purchased, or a subsidiary,
the Federal Election Campaign Act of
election, or election, to Federal office,
which bond must comply with the stand-
the half-month to which the report per-
parent, or affiliate corporation thereof)
which, and the terms and conditions
upon such reasonable terms and condi-
tains. The indebtedness accounts re-
1971 with respect to persons regulated
ards provided for surety bonds in Part
prior to performance of such air trans-
tions as the carrier in its judgment deter-
upon which, the extension of credit would
by the Civil Aeronautics Board" as
ported shall be those which the air car-
378 of the Board's Special Regulations
portation or services by an air carrier.
mines to be appropriate: Provided, how-
(14 CFR Part 378) or (b) collateral with
rier knows, or has reason to know, have
be provided.
follows:
"Political committee" means any
ever, That such terms and conditions
been incurred by or on behalf of a can-
a market value equal to one hundred and
committee, association, or organization
must be made available to every such
didate for Federal office in connection
§ 374a.10 Provisions of part are prospec-
fifty percent (150%) of the established
tive only.
PART 374a-REGULATIONS PUR-
which accepts contributions, or makes
candidate, and to every person acting
with the campaign of such candidate for
credit limit for such account, which col-
SUANT TO SECTION 401 OF THE
expenditures, for the purpose of sup-
on his behalf: And provided, further,
lateral must be deposited in escrow and
nomination for election, or election, to
The provisions of this part shall apply
porting a candidate or candidates for
That the reporting requirements of
such office.
only to the extension of credit by an air
FEDERAL ELECTION CAMPAIGN
which must consist of Federal, State or
nomination for election, or election, to
$ 374a.9 are complied with.
ACT OF 1971 WITH RESPECT TO
municipal bonds or other negotiable se-
(b) The reports required by this sec-
carrier to a candidate, or to a person
Federal office.
curities which are publicly traded on a
tion shall be filed with the Board's Bu-
acting on his behalf, which is made sub-
PERSONS REGULATED BY THE CIVIL
§ 374a.8 Exemption authority.
securities exchange.
§ 374a.4 Prohibition of services unless
reau of Accounts and Statistics not later
sequent to the effective date of this part,
AERONAUTICS BOARD
"Air carrier" means any air carrier
advance payment is made or adequate
Air carriers are exempt from the fol-
than the 10th day following the end of
and shall not be applicable to debts in-
lowing provisions of title IV of the Fed-
curred prior to such date and remain-
Sec.
holding a certificate of public conveni-
security is provided."
the half-month to which the report ap-
374a.1
Purpose.
eral Aviation Act of 1958, as amended:
ence and necessity issued under section
No air carrier shall furnish air trans-
pertains. They shall include the follow-
ing unpaid as of the effective date of this
374a.2
(a) section 403; (b) subsection 404(b)
part.
Applicability.
374a.3
401 of the Federal Aviation Act of 1958,
portation, or services in connection
ing data: (1) Name of account and iden-
Definitions.
and any and all other provisions of title
374a.4
as amended.
therewith, to any person it knows or has
tification of candidate; (2) the credit
Prohibition of services unless ad-
IV of the Federal Aviation Act of 1958,
"Candidate" means an individual who
reason to know to be a candidate, or
limit established for such account; (3)
vance payment is made or ade-
as amended, to the extent necessary to
seeks nomination for election, or elec-
a person acting on behalf of a candidate,
the balance, if any, of the amount pay-
Although the provisions of $ $ 374a.4
quate security is provided.
enable air carriers to comply with the
in connection with his campaign for
able for air transportation or services not
through 374a.7 and 374a.9 are set forth here
374a.5
Extension of credit without advance
tion, to Federal office, whether or not
regulations in this part.
paid for in advance; (4) any unpaid bal-
serially, it is noted that not all of these
payment or adequate security
such individual is elected. For purposes
nomination for election, or election, to
when account is maintained on
of this part, an individual shall be
§ 374a.9 Reporting requirements.
ance of the charge for such services as
provisions would, or could, appear together
Federal office, unless advance payment is
made, or adequate security is furnished
of the last day of the half-month covered
in the final rule, and they are therefore to
a current billing basis.
deemed to seek nomination for election,
374a.6
Authority to refuse credit to candi-
or election, if he has (a) taken the action
(a) Air carriers shall make semi-
be regarded as separate, alternative proposals.
in advance: Provided, however, That this
by the report; and (5) a description of
It should further be noted that each of
dates for Federal office.
necessary under the law of a State to
prohibition shall not be applicable if the
monthly reports to the Board with re-
the type and value of any bond, collat-
these proposed sections, if adopted, would
374a.7
Extension of credit on reasonable
qualify himself for nomination for elec-
air carrier knows, or has reason to know,
spect to the extension of credit for air
eral, or other security securing such un-
be revised to include language such as is
and nondiscriminatory terms and
tion, or election, to Federal office; or (b)
that the air transportation or service
transportation, or services connected
paid balance.
now utilized in § 374a.4 to make clear that
conditions.
Exemption authority.
received contributions or made expendi-
which will be rendered is not to be used
therewith, furnished to political candi-
(c) If the air carrier decides to ex-
an air carrier will not be charged with con-
374a.8
374a.9
Reporting requirements.
tures, or given his consent for any other
in connection with the campaign of such
dates, or persons acting on behalf of
tend credit to candidates for Federal of-
structive knowledge that a person is in fact
374a.10
Provisions of part are prospective
person to receive contributions or make
political candidates, for the period from
a candidate, but that there will be a rebut-
candidate for nomination for election,
fice, or to persons acting on behalf of
only.
expenditures, with a view to bringing
or election. to such office.
6 months before nomination, if any, or
table presumption that a known candidate
such candidates, under § 347a.7, such
intends to use air transportation, or service
AUTHORITY: The provisions of this Part
about his nomination for election, or
from 6 months before election, until the
carrier shall, within 30 days after it has
connected therewith, for campaign purposes.
§ 374a.5 Extension of credit without ad-
374a are issued under sections 204(a), 401,
election, to such office.
date of election. The reports shall cover
so decided, notify the Board's Bureau of
403, 404(b), 407, and 416 of the Federal Avia-
"Election" means (a) a general, spe-
vance payment or adequate security
only accounts with an indebtedness bal-
tion Act of 1958, as amended, 72 Stat. 743,
when account is maintained on a cur-
Accounts and Statistics of this decision,
[FR Doc.72-3740 Filed 3-10-72;8:48 am]
cial, primary, or runoff election; (b) a
754 [as amended by 76 Stat. 143, 82 Stat.
rent billing basis.
convention or caucus of a political party
867], 758 [as amended by 74 Stat. 445], 760,
766 [as amended by 83 Stat. 103], 771; 49
held to nominate a candidate; (c) a pri-
If an air carrier submits semimonthly
U.S.C. 1324, 1371, 1373, 1374, 1377, 1386; and
mary election held for the selection of
statements for air transportation, or
U. S. GOVERNMENT PRINTING OFFICE 1972 75-465
delegates to a national nominating con-
services connected therewith, furnished
section 401 of the Federal Election Campaign
Act of 1971, Public Law 92-225; 86 Stat. 19,
vention of a political party; or (d) a pri-
to any candidate, or a person acting on
U.S.C. approved Feb. 7, 1972.
mary election held for the expression of
behalf of such candidate, then the air
374a.1 Purpose.
a preference for the nomination of per-
carrier may continue to extend unsecured
sons for election to Federal office.
credit to such candidate so long as no
Section 401 of the Federal Election
"Established credit limit" means the
semimonthly statement remains unpaid
Campaign Act of 1971 (Public Law 92-
dollar limit of credit established by the
for more than 14 days after the date of
225, 86 Stat. 19, U.S.C.
carrier extending credit.
its submission. Semimonthly statements
enacted February 7, 1972, and hereafter
"Federal office" means the office of
hereunder shall be submitted no later
referred to as the "Election Campaign
President or Vice President of the United
than the 15th day and the last day of
Act") directs the Civil Aeronautics
States, or of Senator or Representative
each calendar month for the previous
Board to promulgate, within 90 days
in, or Delegate or Resident Commis-
half-month period covered by the state-
after enactment, regulations with respect
sioner to, the Congress of the United
ment.
to the extension of unsecured credit by
States.
§ 374a.6 Authority to refuse credit to
any person regulated by the Board to
"Person acting on behalf of a candi-
candidates for Federal office."
any candidate for Federal office, or to
date" means (a) a political committee
any person on behalf of such a candi-
acting on behalf of, or a person employed
Any air carrier may refuse to furnish
date, for goods furnished or services
by such candidate or by such political
air transportation, or services connected
rendered in connection with the cam-
committee to act on behalf of, such can-
therewith, to a candidate, or to any per-
paign of such candidate for nomination
didate in connection with such candi-
son acting on his behalf, in connection
for election, or election, to such office.
date's campaign for nomination for elec-
with his campaign for nomination for
The purpose of this part is to issue rules
tion, or election, to Federal office; (b) a
election, or election, to Federal office,
pursuant to said Section 401 of the Elec-
person acting under a contract with, or
unless advance payment is made, or ade-
tion Campaign Act in accordance with
as an agent of, such candidate or politi-
quate security is furnished in advance.
the Civil Aeronautics Board's responsi-
cal committee to engage in activities in
§ 374a.7 Extension of credit on reason-
bility thereunder.
connection with such candidate's cam-
able and nondiscriminatory terms
§ 374a.2 Applicability.
paign for nomination for election, or
and conditions.
election, to Federal office; or (c) a person
This regulation shall be applicable to
An air carrier may extend credit for
for whom such candidate or political
all air carriers as defined herein.
air transportation, or services connected
committee pays, directly or indirectly,
for services purchased by such person.
therewith, to a candidate, or to any per-
§ 374a.3 Definitions.
"Adequate security" means (a) a bond
"Payment in advance" means payment
son acting on his behalf, in connection
by cash, check, money order, or by credit
in an amount not less than one hundred
card (if the issuer of such card is not
*See footnote following $ 374a.10.
FORD
R. FORD
SCHEDULE B
ITEMIZED RECEIPTS-SALES AND COLLECTIONS
Use for Part No. 2 only
(Full Name of Candidate or Committee)
SEE REVERSE SIDE FOR INSTRUCTIONS
Total Sum of Proceeds during the reporting period from :
1. Sale of tickets (List by event below) *
$
2. Mass collections (List by event below)
$
3. Sale of Items
$
Total (Carry forward to Part 2 of Summary)
$
List of Sales and Collections by Event
Date of Event
Type of Event
Amount From Sale of
Amount From Mass
(month, day, year)
Tickets This Period*
Collections This Period
TOTALS THIS PERIOD
(Last page of this Schedule only)
*After completion of the above list by event, use a separate Schedule A to list the date, full name and mailing address (occupa-
tion and principal place of business, if any) of each person who has purchased one or more tickets for events such as dinners, lunch-
eons, rallies, and similar fundraising events during this reporting period in an amount in excess of $100 or whose total ticket
purchases to date for the calendar year (aggregate) are in excess of $100. Attach the separate Schedule A to this Schedule.
Page
TO
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INSTRUCTIONS FOR PREPARING SCHEDULE B
(See Appropriate Supervisory Officer's Manual for Additional Regulations and Instructions)
Use this form to itemize Sales and Collections. This form may be duplicated or the information may
be itemized on computer printouts or any 81/2 X 11" paper providing only the information required in the
same format.
Part 2. FUNDS RECEIVED FROM SALES AND COLLECTIONS.-This is an account of proceeds
during this reporting period from (1) the sale of tickets to each dinner, luncheon, rally, or other fund-
raising event; and (2) mass collections made at each such event. The sale of items (3) such as political cam-
paign pins, buttons, badges, flags, emblems, hats, banners, literature and similar materials during the
reporting period shall be reported in the total amount. Ticket sales and mass collections must be listed by
each event, giving the date and type of event and the amount of proceeds collected. Ticket sales to any
individual in an amount in excess of $100 during this reporting period or in an aggregate amount within
the calendar year must be itemized using a separate Schedule A form which must be attached to support
this Schedule B. (See Schedule A for instructions.) [Section 304 (b) (6).]
U.S. GOVERNMENT PRINTING OFFICE 1972 1972 0-461-028
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СУЙДӀДУЛЕ
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INSTRUCTIONS FOR PREPARING SCHEDULE C
TO a JIST gnistmeti
(See Appropriate Supervisory Officer's Manual for Additional Regulations and Instructions)
6ˢᵗ И°
Use this form to itemize Expenditures for Part 6 or 9. This form may be duplicated or the information
may be itemized on computer printouts or any 81/2 X 11" paper providing only the information required in
the same format.
This Schedule is to be used to ITEMIZE ONLY THE EXPENDITURES AS SPECIFIED BELOW
FOR EACH PART. The "Total This Period" amount for each itemized Part is to be carried forward to
the corresponding Part of the Summary Report. When applicable, the total of all other expenditures NOT
REQUIRED TO BE ITEMIZED UNDER A GIVEN PART is to be entered as a lump sum on the
"UNITEMIZED" line of the appropriate Part of the Summary Report.
Part 6. COMMUNICATIONS MEDIA EXPENDITURES.-This is an account of expenditures in
any amount during this reporting period in the communications media, which are defined as television, radio,
CATV, newspaper or magazine advertising, outdoor advertising, or expenditures for the costs of telephones,
paid telephonists, and automatic telephone equipment used to communicate with potential voters. Itemize
LOLVT JHIS besiod
as to amount and date of expenditure and other data as indicated in the column headings. Expenditures include
not only the direct charges of the media but also agents' commissions which should be separately stated
treq aidt to
if so billed. Date or dates of use or period of intended use are also required. If an expenditure is for two or
more purposes, specify the amount of expenditure allocable to each.
If an expenditure was made before April 7, 1972, for use of communications media after that date,
the use and amount must be reported and charged against the candidate's limitation applicable to the
election in which used. Report the date or dates of use as well as the amount paid, the payee and other
required information on a separate Schedule C appropriately labeled. Do not include the amounts paid
in the total expenditures amount for the reporting period.
Only multicandidate committees (i.e., those supporting financially more than one candidate) need allocate
AIGHM ЦИА GENIMSTI
SCHEDATE C
each expenditure on behalf of a candidate or candidates in the appropriate space. Committees supporting
a single candidate need state only once that all expenditures are on behalf of that candidate.
Part 6 includes telephone canvass expenditures which are chargeable to the statutory limitation as com-
munications media expenses, namely, for the costs of telephones, paid telephonists, and automatic tele-
phone equipment obtained for the specific purpose of communicating with potential voters. It does not
include normal telephone costs of a candidate, his staff and his authorized committees for campaign pur-
poses, which are reported separately with other expenditures under Part 9. Nor does it include costs
incurred by an individual volunteer for use of a telephone by him. [Section 304 (b) (9).]
Part 9. NON-COMMUNICATIONS MEDIA EXPENDITURES.-This is an account of all other
expenditures over $100 made during this reporting period and not included in Parts 7, 8, or 10, itemized as to
amount and date of expenditure and other data as indicated in the column headings. If an expenditure is for
two or more purposes, specify the amount of expenditure allocable to each.
In Part 9, the only other expenditures that need be allocated in the appropriate space are those of multi-
candidate committees (i.e., those supporting financially more than one candidate) which are transfers of funds
to a candidate or candidates or are specifically identifiable expenditures to or on behalf of a candidate or
candidates. Committees supporting a single candidate need state so only once.
The schedule includes normal telephone costs of a candidate, his staff and his authorized committees for
general campaign purposes; it does not include telephone canvass expenditures which are chargeable to
limitation as communications media expenses, as described in the above instructions to Part 6. [Section
304 (b) (9)
U.S. GOVERNMENT PRINTING OFFICE 1972 0-461-030
hjucs
(occuber)
FORD
Ean
&
GERALD
DERAN
10 smsM He'l)
bs&e
ZESL)
-YA9
DVLE
SCHEDULE C
ITEMIZED EXPENDITURES-COMMUNICATIONS AND NON-COMMUNICATIONS MEDIA
Part No.
(Full Name of Candidate or Committee)
(Use for itemizing Part 6 or 9)
SEE REVERSE SIDE FOR INSTRUCTIONS
(Use separate page (s) for each numbered Part)
ALLOCATE EXPENDITURES
CHECK ()
BY CANDIDATE
EXPENDI-
(To be completed only by Committees
TURE BY
supporting more than one candidate)
ELECTION
DATE
OF
PAYEE
PAY-
(Recipient of Payment)
AMOUNT
MENT
PURPOSE OF EXPENDITURE
(month,
Full Name, Mailing Address,
(For communications media
day,
(occupation and principal
expenditures, also specify
Primary
General
Special
Runoff
Caucus or
Convention
OF
Amount
EXPENDITURE
Full Name, Congressional
of Expendi-
THIS
District (if applicable),
ture This
year)
place of business, if any)
date(s) of use)
PERIOD
State, and Party
Period
of
Vino
GERALD
to
FORD
mejage or
LIBRARY
pe
IT
TOTAL THIS PERIOD
Page
(Last page of this Part only)
INSTRUCTIONS FOR PREPARING SCHEDULE D
(See Appropriate Supervisory Officer's Manual for Additional Regulations and Instructions)
Use this form to itemize Expenditures for Part 7, 8 or 10. Do not itemize more than one Part on a page.
This form may be duplicated or the information may be itemized on computer printouts or any 81/2 X 11"
paper providing only the information required in the same format.
This Schedule is to be used to ITEMIZE ONLY THE EXPENDITURES AS SPECIFIED BELOW
FOR EACH PART. The "Total This Period" amount for each itemized Part is to be carried forward to
the corresponding Part of the Summary Report. When applicable, the total of all other expenditures NOT
REQUIRED TO BE ITEMIZED UNDER A GIVEN PART is to be entered as a lump sum on the
"UNITEMIZED" line of the appropriate Part of the Summary Report.
Part 7. ITEMIZED EXPENDITURES FOR PERSONAL SERVICES, SALARIES, AND RE-
IMBURSED EXPENSES.-This is an account of expenditures by the committee or candidate for personal
services, salaries and reimbursed expenses over $100 during the reporting period. Give the date, full name
and mailing address (occupation and the principal place of business, if any) of the recipient, and purpose
of each such expenditure. List the amount of the expenditure in the "Amount of Expenditure This Period"
column. [Section 304 (b) (11).]
Part 8. ITEMIZED LOANS MADE.-This is an account of loans made by the committee or candi-
date during this reporting period in excess of $100. Give the date, full name and mailing address (occupa-
tion and principal place of business, if any) of each person or committee to whom a loan was made. List
the amount of the loan in the "Amount of Expenditure This Period" column. [Section 304 (b) (5).]
Part 10. ITEMIZED TRANSFERS OUT TO POLITICAL COMMITTEES AND CANDIDATES.-
This is an itemized account giving the date, full name and mailing address of each political committee or
candidate to whom any transfer of funds was made within this reporting period in any amount. List the
amount of the transfer in the "Amount of Expenditure This Period" column. [Section 304 (b) (4).
U.S. GOVERNMENT PRINTING OFFICE 1972 0-461-032
GERALD LERRANT P. FORD
SCHEDULE D
ITEMIZED EXPENDITURES-PERSONAL SERVICES, LOANS, AND TRANSFERS
Part No.
(Full Name of Candidate or Committee)
(Use for itemizing Part 7, 8, or 10)
SEE REVERSE SIDE FOR INSTRUCTIONS
(Use separate page (s) for each numbered Part)
Date (month,
Full Name, Mailing Address, and ZIP Code
Amount of
day, year)
(occupation and principal place of business, if any)
Expenditure
This Period
a HOR
bas anoitalinged IsnoitibbA not IsunaM staliquiqqA
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Jammol smsa edit at berthper
words 8A SHT YJNO EXIMATI w been 90 OJ
of betreen ad of at Ma9 boxtmedi doss TOY Javoms "boire9 sidT IsjoT"
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[апоатеq rot stabibaso TO edd vd to DE al
email Hut stab edit gviD boring gaidroqer edd gatwb 0012 19V0 asaneque bestudmier brta actives
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-Ibrias TO settimmos vd obam ansol to as ai aldT-.HOAM 8
-squeso) assubbs guilliam has 9msh limit svid .0018 to 8890X9 of boling
THE
.ebam
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[.(a) "boine9 sidT to JunomA" add at 983 to Invonte
СИА JAOITLIO9 oT TUO анзчаилят 01 had
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FORD R. LIBRARY RALL
TOTAL THIS PERIOD
(Last page of this Part only)
Page
SCHEDULE E
DEBTS AND OBLIGATIONS
Part No.
(Full Name of Committee)
(Use for itemizing Part 11 or 12)
SEE REVERSE SIDE FOR INSTRUCTIONS
(Use separate page (s) for each numbered Part)
Date Incurred
Full Name, Mailing Address, and ZIP Code
Amount of
Cumulative
Outstanding
(month, day,
(occupation and principal place of business, if any)
Original Debt,
Payment
Balance
year)
Contract, Agree-
To Date
at Close
ment, or Promise
of This
Period
FORD
TOTALS THIS PERIOD
*
(Last page of this Part only)
ALD
*Carry outstanding balance only
Page
to appropriate part of summary.
INSTRUCTIONS FOR PREPARING SCHEDULE E
(See Appropriate Supervisory Officer's Manual for Additional Regulations and Instructions)
Use this form to itemize Debts and Obligations Owed by or to the Committee for Part 11 or 12. Do
not itemize more than one Part on a page. This form may be duplicated or the information may be itemized
on computer printouts or any 8½ x 11" paper providing only the information required in the same
format. Obligations as used in these instructions mean contracts, agreements, and promises.
Part 11. DEBTS AND OBLIGATIONS OWED TO THE COMMITTEE.-This is an itemized account
of debts and obligations owed to the reporting committee at the close of the reporting period. Give the full
name and mailing address (occupation and the principal place of business, if any) of each debtor, together
with the amount, date, nature of each transaction, cumulative payment (s) received to date, and the out-
standing balance at the close of the reporting period. These debts and obligations shall continue to be
reported on each subsequent report until extinguished. [Section 304 (b) (12).]
Part 12. DEBTS AND OBLIGATIONS OWED BY THE COMMITTEE.-This is an itemized account
of debts and obligations owed by the reporting committee at the close of the reported period. Give the full
name and mailing address (occupation and the principal place of business, if any) of each creditor, together
with the amount, date, nature of each such transaction, cumulative payment (s) made to date, and the out-
standing balance at the close of the reporting period. These debts and obligations shall continue to be
reported on each subsequent report until extinguished. [Section 304 (b) (12).]
U.S. GOVERNMENT PRINTING OFFICE 1972 0-461-033
GERALD R FORD
1973 FEDERAL ELECTION EXPENDITURE LIMITATIONS
State and
Voting
Communi-
Broad-
congressional
age
cation
casting
district
population
media
media
limit
limit
COMPTROLLER GENERAL
125.3. As provided in section 104(a) (5)
United States
139.172,000
14,988,824
8,993,205
Alabama
2,204,000
247,064
of the Act, the Secretary of Commerce
148,238
Alaska
USE OF COMMUNICATIONS MEDIA
194,000
53,850
32,310
has certified to the Comptroller General
Arizona
1,262,000
135,917
81,550
Arkansas
1,326,000
1973 Federal Election Expenditure
and published in the FEDERAL REGISTER 2
142,810
85,686
California
13,910,000
1,498,107
808.864
Limitations
the "Estimate of Voting Age Population"
Colorado
1,560,000
168.012
100,S07
Connecticut
Title I of the Federal Election Cam-
of each State, the District of Columbia,
2,083,000
224,339
134,603
Delaware
369,000
53,850
32,310
Guam, Puerto Rico, and the Virgin
District of
paign Act of 1971 (Public Law 92-225)
Islands, and of each congressional dis-
Columbia
527,000
56,758
34,055
imposes a spending limitation on candi-
Florida
5,087,000
547,870
trict on July 1, 1972. The estimate shows
328,722
dates for Federal elective office (Presi-
Georgia
3,067,000
330,316
198,190
that no congressional district has a vot-
Hawaii
526,000
56,650
dent of the United States, Senator and
33,990
Idaho
ing population in excess of 500,000, ex-
487,000
53,850
32,310
Representative in, or Resident Commis-
Illinois
7,508,000
808,612
485,167
cept the District of Columbia and Puerto
Indiana
sioner or Delegate. to, the Congress of
3,477,000
374,473
224,684
Iowa
Rico.
1,924,000
207,215
124.329
the United States) for campaign use of
Kansas
1,538,000
165,643
99,386
communications media. Under the Act
Under the statutory limitation form-
Kentucky
2,191,000
235,971
141,582
ula, the communications media spending
Louisiana
2,348,000
252,850
151,728
and the Regulations of the Comptroller
Maine
683,000
73,559
General, 11 CFR Ch. 1, "communications
limitation applicable to each congres-
44,135
Maryland
2,679,000
288,528
173,117
sional district for each election during
Massachusetts
3,937,000
424,015
media" means radio, television, cable
254,409
Michigan
5,876,000
1973 (except the District of Columbia and
632.845
379.707
television, magazines, newspapers, bill-
Minnesota
2,542,000
273,773
164,264
Puerto Rico) is $53,850, of which no more
Mississippi
1,426,000
boards, display space in any public place
153.580
92,148
Missouri
than $32,310 may be spent for the use of
3,223,000
347,117
208,270
of a type customarily leased to commer-
Montana
468,000
53,850
32,310
broadcasting media.
Nebraska
cial advertisers, and telephones when
1,021,000
109,962
65,977
used to communicate with potential vot-
On the basis of the certifications re-
Nevada
347,000
53,850
32,310
New Hampshire
513,000
55.250
ceived from the Secretary of Labor and
33,150
New Jersey
ers by general canvass methods.
4,986,000
536,992
322,195
the Secretary of Commerce, the spend-
New Mexico
657,000
70,759
42,455
In accordance with section 104(a) (4)
New York
ing limitations applicable to each Federal
12,626,000
1,350,820
815,892
North Carolina
3,468,000
373.504
224,102
of the Act, the Secretary of Labor has
election held during 1973 in each State
North Dakota
411,000
53,850
32,310
Ohio
and in the United States are set forth
7,130,000
certified to the Comptroller General and
767,901
460,741
Oklahoma
1,797,000
193,537
116,122
published in the FEDERAL REGISTER 1 that
in Appendix A.
Oregon
1,487,000
160,150
96,090
The voting age population estimates
Pennsylvania
8,174,000
880,340
528,201
the U.S. City Average All Items Con-
Rhode Island
668,000
71,914
43,166
for Guam, Puerto-Rico, and the Virgin
South Carolina
sumer Price Index (1967=100) increases
1,719,000
185,136
111,082
Islands are not included in the total for
South Dakota
444,000
53,850
32,310
7.7 percent from its 1970 annual average
Tennessee
the United States since their residents
2,710,000
201,867
175,130
Texas
7,614,000
820,028
492,017
of 16.3 to its 1972 annual average of
do not vote in presidential elections.
Utah
690,000
74,313
44,588
Vermont
304,000
53,850
32,310
[SEAL]
ELMER B. STAATS,
Virginia
3,182,000
342,701
205,621
1 38 FR 4443, February 14, 1973.
Comptroller General
Washington
2,310,000
248,787
149,272
West Virginia
1,209,000
130,209
78,126
of the United States.
Wisconsin
2,965,000
319,331
191,598
Wyoming
226,000
53,850
32,310
Guam
45,000
53,850
32,310
2 38 FR 18476, July 11, 1973.
Puerto Rico
1,619,000
174,366
104,620
GERALD
Virgin Islands
42,000
53,850
32,310
R
[FR Doc. 73-15248 Filed 7-25-73;8:4 am]
FORD
FEDERAL REGISTER, VOL. 38, NO. 143-THURSDAY, JULY 26, 1973
LIBRARY
INTERSTATE COMMERCE AND POLITICAL CAMPAIGNS-ICC PROPOSALS TO PROHIBIT THE
EXTENSION OF CREDIT WITHOUT SECURITY
PROPOSED RULEMAKING
[Federal Register, Vol. 37, No. 50, Tuesday, Mar. 14, 1972]
INTERSTATE COMMERCE
this notice will most efficiently and ex-
PROCEDURAL MATTERS
peditiously achieve the goals sought to
COMMISSION
be attained by the enactment of section
While the above regulations currently
401, insofar as they relate to persons
are scheduled to become effective On
[ 49 CFR Part 1325 ]
(including Amtrak) subject to the ju-
May 5, 1972, interested. persons are
risdiction of the Interstate Commerce
hereby invited to submit written com-
[Ex Parte 283; Public Law 92-225]
Commission. Because of the diverse prob-
ments on this proposed implementation
CANDIDATES FOR FEDERAL OFFICE
lems presented to these three agencies
of Public Law 92-225, in the manner set
OR THEIR REPRESENTATIVES
by the enactment of Public Law 92-225,
forth below. Oral hearings do not appear
uniform regulations appear to be neither
to be necessary at this time and none is
Proposed Extension of Credit Without
practicable nor administratively desir-
contemplated. Anyone wishing to present
Security
able.
their views and evidence either in sup-
IMPLEMENTATION
At a general session of the Interstate
port of, or in opposition to, the action
Commerce Commission, held at its office
It is hereby proposed that, in the ab-
proposed in this order may do so by the
in Washington, D.C., on the 8th day of
sence of a further order of this Commis-
submission of written data, views, or
March 1972.
sion modifying or amending such
arguments. The filing date established
Implementation of Public Law 92-
regulations, the following regulations be
below cannot be extended due to the re-
225, the Federal Election Campaign Act
adopted and that Subchapter D of Chap-
quirement in Public Law 92-225 that we
of 1971.
ter X of Title 49 of the Code of Federal
promulgate our rules within 90 days.
Section 401 of the Federal Election
Regulations be amended effective May 5,
It is ordered, That, based on the fore-
Campaign Act of 1971 (Public Law 92-
1972, by adding a new Part 1325, reading
going explanation, a proceeding be, and
225, enacted February 7, 1972) entitled
as follows:
it is hereby, instituted under the Inter-
state Commerce Act and 5 U.S.C. 553 and
"Extension of Credit by Regulated In-
dustries," is concerned with the exten-
PART 1325-EXTENSION OF CREDIT
559 (the Administrative Procedure Act),
sion of credit, without security, to
TO CANDIDATES FOR FEDERAL
for the purpose* of implementing section
candidates for Federal office by certain
OFFICE OR THEIR REPRESENTA-
401 of the Federal Election Campaign
regulated industries, including those sub-
Act of 1971 (Public Law 92-225) and for
TIVES
ject to regulation by this Commission. In
the purpose of taking such other and
brief, section 401 requires this Commis-
§ 1325.1 Extension of unsecured credit
further action as the facts and circum-
sion, the Civil Aeronautics Board (CAB),
prohibited.
stances may justify or require.
and the Federal Communications Com-
It is further ordered, That no hear-
Persons subject to regulation by the
mission (FCC) each to promulgate,
ings be scheduled for the receiving of
Interstate Commerce Commission shall
within 90 days after the date of the
oral testimony unless a need therefor
not knowingly and willfully provide, for
statute's enactment, its own regulations
should later appear, but anyone inter-
candidates for Federal office or their rep-
ested in making representations in favor
with respect to the extension of credit,
resentatives, service or goods related to
of, or against, the considered regulations
without security, by any person regu-
their campaign without obtaining either
is hereby invited to do so by the sub-
lated by those agencies to any candidate
prepayment or a binding guarantee of
mission of written data, views, or argu-
for Federal office¹ or to any person on
payment through a sufficient deposit,
ments, shall be filed with the Commis-
bond, collateral, or other means of se-
behalf of such a candidate, for goods
sion on or before April 3, 1972. All such
curity. The extension of credit to such
statements will be considered as evi-
furnished or services rendered in con-
persons shall not exceed the amount of
dence and as a part of the record in the
nection with the campaign of such can-
the security posted.
proceeding. Written material or sugges-
didate for nomination for election, or
§ 1325.2 Credit agreements.
tions submitted will be available for pub-
election, to such office. The section does
not apply to services or goods that are
(a) All agreements to extend credit to
lic inspection at the offices of the
candidates for Federal office or their
Interstate Commerce Commission, 12th
purchased by a candidate or his repre-
and Constitution, Washington, D.C., dur-
sentative for matters unrelated to his
representatives by persons subject to
regulation by the Interstate Commerce
ing regular business hours.
campaign. Regulations to implement the
It is further ordered, That in the ab-
new statute, however, must be promul-
Commission, (1) must be in writing, (2)
sence of a further order of this Commis-
gated by each of the involved regulatory
must contain a detailed description of
sion modifying or amending the regula-
agencies prior to May 7, 1972.
the deposit, bond, collateral, or other
tions described above, said regulations
To achieve a desirable degree of uni-
means of security, used to secure pay-
shall become effective on May 5, 1972.
formity in the implementation of Public
ment of the debt, and (3) must be signed
And it is further ordered, That notice
Law 92-225, this Commission has at-
by all parties to the agreement. A copy
to the general public of the matter here-
tempted to coordinate its efforts in this
of each such agreement must be filed
in under consideration will be given by
area with those of the CAB and FCC.
with this Commission's Bureau of Opera-
depositing a copy of this notice in the
Following meetings by representatives of
Office of the Secretary of the Commis-
the three involved agencies, it is be-
tions in Washington, D.C., within 20 days
sion for public inspection and by filing
lieved that the regulations proposed in
of the date of its execution.
a copy thereof with the Director, Office
of the Federal Register, for publication
§ 1325.3 Federal office.
in the FEDERAL REGISTER as notice to all
For the purposes of this section, "Fed-
interested persons.
1 "Federal office" is defined in section
eral office" means the office of President
By the Commission.
301 (c) of the statute as meaning the office
or Vice President of the United States;
of President or Vice President of the United
or of Senator or Representative in, or
[SEAL]
ROBERT L. OSWALD,
States; or of Senator or Representative in,
or Delegate or Resident Commissioner to,
Delegate or Resident Commissioner to,
Secretary
the Congress of the United States.
the Congress of the United States.
(FR Doc.72-3839 Filed 3-13-72;8:52 am]
POLITICAL CAMPAIGN CREDIT-FCC PROPOSED REGULATION COVERING EXTENSION
OF CREDIT TO CANDIDATES FOR FEDERAL OFFICE
PROPOSED RULE MAKING
[Federal Register, Vol. 37, No. 57, Pt. I, Thursday, Mar. 23, 1972]
FEDERAL COMMUNICATIONS
the carriers we conclude that inadequate
7. This notice of-proposed rule making
credit practices and procedures, laxity
is issued under authority of sections 4(i),
COMMISSION
in the administration of the carriers'
202(a), 203, 218, and 219 of
then current credit practices and pro-
the Communications Act of 1934, as
[ 47 CFR Part 64 ]
cedures, failure to monitor the candi-
amended, and section 401 of the Federal
dates' accounts, delays in billing and lack
Election Campaign Act of 1971.
[Docket No. 19476; FCC 72-242]
of appropriate collection efforts were
8. Pursuant to applicable procedures
CANDIDATES FOR FEDERAL OFFICE
among the major factors contributing to
set forth in § 1.415 of the Commission's
the unpaid balances accrued during the
rules, interested persons may file com-
Extension of Credit for Campaign
1968 political campaign.
ments on or before April 7, 1972. No pro-
Services
4. The major carriers have revised their
vision is being made for reply comments
credit, billing, and collection practices
in view of the need for early decision
In the matter of amendment of Part
and procedures since 1968 and we would
herein. All relevant and timely com-
64 of the rules to provide for regulations
expect that adherence to these revised
ments will be considered by the Commis-
covering the extension of credit to can-
practices and procedures would help to
sion before final action is taken in this
didates, or to other persons on behalf
prevent a recurrence of the unpaid bal-
proceeding. In reaching its decision in
of candidates, for Federal office; Docket
ances that occurred during the 1968
this proceeding, the Commission may
No. 19476.
campaign. Nevertheless, we are of the
also take into account other relevant in-
1. Notice of proposed rule making in
view that the rules we propose herein
formation before it, in addition to the
the above-entitled matter is hereby
will act as additional safeguards against
specific comments invited by this notice.
given.
a repetition of the 1968 experience and
Comments in response to this notice will
2. Section 401 of the Federal Election
will assure equality of treatment among
be available for inspection in the Com-
Campaign Act of 1971 (Campaign Act)1
qualified candidates.
mission's Broadcast and Dockets Ref-
requires the Commission, within 90 days
erence Room.
5. Our tentative view is, as previously
after the enactment of such Act, to pro-
stated, that we should not adopt rules
9. In accordance with the provisions
mulgate regulations with respect to the
that would flatly forbid the carriers to
of § 1.419 of the Commission's rules and
extension of unsecured credit by any
provide unsecured credit to candidates or
regulations, an original and fourteen
regulated person to any candidate for
persons in behalf of candidates. This
copies of all statements or briefs shall
Federal office (as such term is defined in
view is reflected in the attached proposed
be furnished to the Commission.
section 301 (c) of the Federal Election
rules wherein we propose to leave to the
Adopted: March 15, 1972.
Campaign Act of 1971) or to any person
carrier the decision of whether to extend
on behalf of such candidate for services
unsecured credit to a candidate or person
Released: March 17, 1972.
rendered for use in connection with a
in his behalf. However, we will give con-
FEDERAL COMMUNICATIONS
political campaign. The 90 days expires
sideration to the adoption of a rule that
COMMISSION,2
on May 7, 1972.
would forbid the extension of any credit
[SEAL]
BEN F. WAPLE,
3. The regulations that we are pro-
to such persons and we would welcome
Secretary.
posing herein are based upon the as-
comments addressed to the merits of
such alternative. We believe that, if the
Part 64 of Chapter I of Title 47 of the
sumption that it was not the intent of
Congress to prohibit completely the ex-
carrier is permitted to extend unsecured
Code of Federal Regulations is amended
tension of credit without security to
credit to one candidate or person in his
by adding a new Subpart H to read as
follows:
candidates for Federal office. On the
behalf, then unsecured credit should also
other hand, particularly in view of the
be extended on substantially equal terms
Subpart H-Extension of Unsecured
data on the substantial outstanding bal-
and conditions to all candidates and per-
Credit for Interstate and Foreign
ances still remaining on 1968 campaign
sons on their behalf for the same office
accounts, which data were available to
commensurate with the expected amount
Communication Services to Candi-
Congress, there was evident congres-
of service to be furnished. Thus, for ex-
dates for Federal Office
sional concern that more needed to be
ample, if the carrier decides to require
§ 64.801 Purpose.
done to prevent such unpaid accounts in
an advance cash deposit of Candidate A
future Federal political campaigns. Based
for a Federal office that covers only 50
Pursuant to sec. 401 of the Federal
percent of the estimated bill for his serv-
Election Campaign Act of 1971, Public
on information we have obtained from
ice for a future 2-month period, the car
Law 92-225, these rules prescribe the
rier shall also require all other candidates
general terms and conditions for the
1 "SEC. 401. The Civil Aeronautics Board,
for the same office, and all other persons
extension of unsecured credit by a
the Federal Communications, and the Inter-
in behalf of all candidates for such office
communication common carrier to a
state Commerce Commission shall each pro-
to deposit cash to cover 50 percent of
candidate or person on behalf of such
mulgate, within 90 days after the date of
the estimated 2-month bills for their
candidate for Federal office.
enactment of this Act, its own regulations
with respect to the extension of credit, with-
services.
§ 64.802 Applicability.
out security, by any person regulated by
6. The proposed amendment of Part 64
These rules shall apply to each com-
such Board or Commission to any candidate
of the Commission's rules designed to
munication common carrier subject to
for Federal office (as such term is defined
carry out the aforementioned objectives
in section 301(c) of the Federal Election
the whole or part of the Communications
is set forth below. The Commission pro-
Campaign Act of 1971). or to any person on
Act of 1934.
poses to make any rule amendments
behalf of such a candidate, for goods fur-
nished or services rendered in connection
adopted as a result of this proceeding
with the campaign of such candidate for
effective immediately upon the issuance
2 Commissioners Johnson and H. Rex Lee
nomination for election, or election, to such
of a final order with respect to this
not participating; Commissioner Wiley con-
office."
docket.
curring in the result.
GERALD
§ 64.803 Definitions.
dates for the same office, with due re-
and foreign communication services
For the purposes of this subpart:
gard for differences in the estimated
rendered to a candidate or person on be-
quantity of service to be furnished each
half of such candidate prior to the ex-
(a) The terms "election," "candidate,"
such candidate or person.
piration of the statute of limitations
"Federal office," and "person" have the
(c) Before extending unsecured credit,
under sec. 415(a) of the Communications
same meaning as such terms have under
a carrier shall obtain a signed written
Act of 1934, as amended.
section 301 of the Federal Election Cam-
application for service which shall
(f) The records of each account for
paign Act of 1971.
identify the applicant and the candidate
services rendered to a candidate or per-
(b) "Unsecured credit" means the
and state whether or not the candidate
son on behalf of such candidate shall be
furnishing of service without advance
assumes responsibility for the charges,
maintained by the carrier so as to show
payment, deposit, or other security, on
and which shall also expressly state as
separately, for interstate and foreign
a continuing basis, that is designed to
follows:
communication services all charges,
assure payment of the estimated amount
(1) That service is being requested by
credits, adjustments, and security and
of service for each future 2-month
the applicant or applicants and that the
balance receivable.
period.
person or persons making the applica-
(g) On or before January 31 of each
§ 64.804 Rules governing the extension
tion will be individually, jointly and
year, and at the close of each subsequent
of unsecured credit to candidates for
severally liable for the payment of all
quarterly period thereafter, each carrier
Federal office for interstate and for-
charges; and
shall file with the Commission a report
eign common carrier communication
(2) That the applicant(s) under-
by account of any amount due and un-
services.
stands that the carrier will (under the
paid, as of the end of the month prior to
(a) There is no obligation upon a car-
provisions of paragraph (d) of this sec-
the reporting date, for interstate and for-
rier to extend unsecured credit for inter-
tion) discontinue service upon written
eign communication services rendered to
state and foreign communication serv-
notice if any amount due is not paid
a candidate or person on behalf of such
upon demand.
ices to a candidate or person on behalf
candidate. This report shall include the
of such candidate for Federal office. How-
(d) If charges for services rendered
following information:
ever, if the carrier chooses to extend such
are not paid to the carrier within 30 days
(1) Name of candidate.
unsecured credit, it shall comply with
from rendition of a bill therefor, the
(2) Name and address of person or
the requirements set forth in paragraphs
carrier shall forthwith serve written no-
persons applying for service.
(b) through (g) of this section.
tice on applicant of intent to discontinue
(3) Balance due carrier.
(b) If a carrier decides to extend un-
service within 10 days of date of such
(4) Reason for nonpayment.
secured credit to any candidate for Fed-
notice for nonpayment and shall discon-
(5) Payment arrangements, if any.
eral office or any person on behalf of
tinue service unless all such sums due
(6) Date service discontinued.
such candidate, then unsecured credit
are paid in full within such 10-day
(7) Date, nature, and status of any
shall be extended on substantially equal
period.
action taken at law in compliance with
terms and conditions to all candidates
(e) Each carrier shall take appropri-
paragraph (e) of this section.
and all persons on behalf of all candi-
ate action at law to collect any unpaid
[FR Doc. 72-4433 Filed 3-22-72;8:52 am]
balance on an account for interstate
FORD
LIERARY
COMPTROLLER GENERAL OF THE UNITED STATES
U.S. GENERAL ACCOUNTING OFFICE
Washington, D.C.
REPORT OF RECEIPTS AND EXPENDITURES
FOR A
COMMITTEE
SUPPORTING ANY CANDIDATE (S) FOR NOMINATION OR ELECTION TO THE OFFICE OF
PRESIDENT OR VICE PRESIDENT OF THE UNITED STATES
Identification Number
(Full Name of Committee)
(Street)
State (If Primary, Convention, or Caucus)
(City, State, ZIP code)
TYPE OF REPORT
(Check Appropriate Box and Complete, if Applicable)
March 10 report.
June 10 report.
September 10 report.
January 31 report.
Fifteenth day report preceding
election on
(Primary, general, caucus, or convention)
(Date)
Fifth day report preceding
election on
(Primary, general, caucus, or convention)
(Date)
Termination report.
VERIFICATION BY OATH OR AFFIRMATION
State of
SS.
County of
I,
, being duly sworn, depose (affirm) and say
(Full Name of Treasurer of Committee)
that this Report of Receipts and Expenditures is complete, true, and correct.
(Signature of Treasurer of Committee)
Subscribed and sworn to (affirmed) before me this
day of
, A.D. 19
(Notary Public)
[SEAL]
My commission expires
, 19
RETURN COMPLETED REPORT AND ATTACHMENTS TO:
Office of Federal Elections
THARY
U.S. General Accounting Office
441 G Street, N.W.
Washington, D.C. 20548
GERALD
COMP. GEN. ELECTION FORM 3
Name of Committee
SUMMARY REPORT COVERING PERIOD FROM
THRU
Column B-
Column A-
Calendar year
This period
to date
SECTION A-RECEIPTS:
Part 1. Individual contributions:
a. Itemized (use schedule A*)
$
b. Unitemized
$
Total individual contributions
$
$
Part 2. Sales and collections:
Itemize (use schedule B*)
$
$
Part 3. Loans received:
a. Itemized (use schedule A*)
$
b. Unitemized
$
Total loans received
$
$
Part 4. Other receipts (refunds, rebates, interest, etc.)
a. Itemized (use schedule A*)
s
b. Unitemized
$
Total other receipts
$
$
Part 5. Transfers in:
Itemize all (use schedule A*)
$
$
TOTAL RECEIPTS
$
$
SECTION B-EXPENDITURES:
Part 6. Communications media expenditures:
Itemize all (use schedule (*)
$
$
Part 7. Expenditures for personal services, salaries, and reimbursed expenses:
a. Itemized (use schedule D*)
$
b. Unitemized
$
Total expenditures for personal services,
salaries, and reimbursed expenses
$
$
Part 8. Loans made:
a. Itemized (use schedule D*)
$
b. Unitemized
$
Total loans made
$
$
Part 9. Other expenditures:
a. Itemized (use schedule C*)
$
b. Unitemized
$
Total other expenditures
$
$
Part 10. Transfers out:
Itemize all (use schedule D*)
$
$
TOTAL EXPENDITURES
$
$
SECTION C-CASH BALANCES:
Cash on hand at beginning of reporting period
$
Add total receipts (section A above)
$
Subtotal
$
Subtract total expenditures (section B above)
$
Cash on hand at close of reporting period
$
SECTION D-DEBTS AND OBLIGATIONS:
Part 11. Debts and obligations owed to the committee (use schedule E*):
$
Part 12. Debts and obligations owed by the committee (use schedule E*)
$
*Schedules are to be used only when itemization is required. (See each Schedule for instructions.) When itemization is unnecessary for & given
Part, the total of any amounts for that Part is to be entered as a lump sum on the "Unitemized" line of the appropriate Part of the Summary Report.
The word "None" should be entered on any line of the Summary Report when no amount is being reported.
GENERAL INFORMATION
(In accordance with the provisions of the Federal Election Campaign Act of 1971, P.L. 92-225)
SEE APPROPRIATE SUPERVISORY OFFICER'S MANUAL FOR ADDITIONAL
REGULATIONS AND INSTRUCTIONS
A. Each treasurer of a political committee supporting a candidate or candidates for election to the office of President
or Vice President of the United States shall file with the Comptroller General of the United States periodic reports of receipts
and expenditures on the tenth day of March, June and September and by the thirty-first day of January in each year, and
shall file preelection reports on the fifteenth and fifth days next preceding the date on which the election is held. All
of the periodic reports shall be complete as of the close of the next preceding month and the preelection reports shall be
complete as of midnight of the seventh day next preceding the filing date. Any contribution of $5,000 or more (including a
transfer of funds from a candidate or committee) which is received after the closing date prescribed for books for the last
report prior to an election shall be separately reported within 48 hours after its receipt. Such contribution shall be reported
to the Comptroller General by telegraph or hand delivered letter and shall be declared in the next report due under the Act.
(Sec. 304.)
B. The Reports of Receipts and Expenditures shall be cumulative during the calendar year to which they relate, but
where there has been no change in an item reported in a previous report during such year, only the amount need be carried
forward. If no contributions or expenditures have been accepted or expended during a calendar year, the treasurer of the
political committee shall file a statement to that effect. (Sec. 304.)
C. A copy of the Report of Receipts and Expenditures shall be preserved by the treasurer of the political committee or
other person filing under section 305 of the Act for a period of four (4) years.
D. Any correction of information previously submitted in a Report of Receipts and Expenditures shall be reported to
the Comptroller General within ten (10) days following discovery of the error. Such amendment to the Report of Receipts
and Expenditures shall contain the date, identity of the committee, and the corrections appropriately identified, and shall be
verified by the oath or affirmation of the person filing such information, taken before any officer authorized to administer
oaths.
E. Every person (other than a political committee) who makes contributions or expenditures in support of a candidate
for the office of President or Vice President, other than by contribution to a political committee or candidate, in an aggregate
amount in excess of $100 within a calendar year shall file with the Comptroller General a report containing the information
required by section 304 of the Federal Election Campaign Act of 1971. This form may be used for such purpose. Reports
required by this section shall be filed on the dates on which reports by political committees are filed, but need not be cumula-
tive. (Sec. 305.)
DEFINITIONS FOR USE WITH THIS FORM
"candidate" means: an individual who seeks nomination for election, or election, to Federal office, whether or not such
individual is elected, and, for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or
election, if he has (1) taken the action necessary under the law of a State to qualify himself for nomination for election, or
election, to Federal office, or (2) received contributions or made expenditures, or has given his consent for any other person
to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to such
office;
"contribution" means: (1) a gift, subscription, loan, advance, or deposit of money or anything of value, made for the
purpose of influencing the nomination for election, or election, of any person to Federal office or as a presidential or vice-
presidential elector, or for the purpose of influencing the result of a primary held for the selection of delegates to a national
nominating convention of a political party or for the expression of a preference for the nomination of persons for election
to the office of President, or for the purpose of influencing the election of delegates to a constitutional convention for pro-
posing amendments to the Constitution of the United States; (2) a contract, promise, or agreement, whether or not legally
enforceable, to make a contribution for any such purpose; (3) a transfer of funds between political committees; (4) the
payment, by any person other than a candidate or political committee, of compensation for the personal services of another
person which are rendered to such candidate or committee without charge for any such purpose; and (5) notwithstanding
the foregoing meanings of "contribution", the word shall not be construed to include services provided without compensation
by individuals volunteering a portion or all of their time on behalf of a candidate or political committee;
"election" means: (1) a general, special, primary, or runoff election, (2) a convention or caucus of a political party held
to nominate a candidate, (3) a primary election held for the selection of delegates to a national nominating convention of a
political party, (4) a primary election held for the expression of a preference for the nomination of persons for election to
the office of President, and (5) the election of delegates to a constitutional convention for proposing amendments to the
Constitution of the United States;
"expenditure" means: (1) a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of
value, made for the purpose of influencing the nomination for election, or election, of any person to Federal office, or as a
presidential or vice-presidential elector, or for the purpose of influencing the result of a primary held for the selection of
delegates to a national nominating convention of a political party or for the expression of a preference for the nomination
of persons for election to the office of President, or for the purpose of influencing the election of delegates to a constitutional
convention for proposing amendments to the Constitution of the United States; (2) a contract, promise, or agreement,
whether or not legally enforceable, to make an expenditure, and (3) a transfer of funds between political committees;
"Federal office" means: the office of President or Vice President of the United States; or of Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress of the United States;
"file", "filed", and "filing" mean: delivery to the Comptroller General of the United States, Washington, D.C., by mid-
night of the prescribed filing date, or deposit as certified air mail, in an established U.S. Post Office, postage prepaid, no
later than midnight of the second day next preceding the filing date. Certified mail receipt shall be retained as evidence of
mailing. Documents deposited within 500 miles from Washington, D.C. need not be sent by air mail but shall be certified. In
the event the mailing deadline falls on a day in which no mail is certified, the next preceding day on which mail is certified
shall be deemed the mailing date;
"person" means: an individual, partnership, committee, association, corporation, labor organization, and any other
organization or group of persons;
"political committee" means: any committee, association, or organization which accepts contributions or makes expendi-
tures during a calendar year in an aggregate amount exceeding $1,000;
"State" means: each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any
territory or possession of the United States; and
"supervisory officer" means: the Secretary of the Senate with respect to candidates for Senator; the Clerk of the House
of Representatives with respect to candidates for Representative in, or Delegate or Resident Commissioner to, the Congress
of the United States; and the Comptroller General of the United States in any other case.
EXTRACTS FROM THE FEDERAL ELECTION CAMPAIGN ACT OF 1971
SEC. 304. (a) Each treasurer of a political committee supporting a candidate or candidates for elec-
tion to Federal office, and each candidate for election to such office, shall file with the appropriate super-
visory officer reports of receipts and expenditures on forms to be prescribed or approved by him. Such
reports shall be filed on the tenth day of March, June, and September, in each year, and on the fifteenth
and fifth days next preceding the date on which an election is held, and also by the thirty-first day of
January. Such reports shall be complete as of such date as the supervisory officer may prescribe, which
shall not be less than five days before the date of filing, except that any contribution of $5,000 or more
received after the last report is filed prior to the election shall be reported within forty-eight hours after
its receipt.
(b) Each report under this section shall disclose-
(1) the amount of cash on hand at the beginning of the reporting period;
(2) the full name and mailing address (occupation and the principal place of business, if any)
of each person who has made one or more contributions to or for such committee or candidate
(including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fund-
raising events) within the calendar year in an aggregate amount or value in excess of $100, together
with the amount and date of such contributions;
(3) the total sum of individual contributions made to or for such committee or candidate during
the reporting period and not reported under paragraph (2)
(4) the name and address of each political committee or candidate from which the reporting
committee or the candidate received, or to which that committee or candidate made, any transfer of
funds, together with the amounts and dates of all transfers;
(5) each loan to or from any person within the calendar year in an aggregate amount or value
in excess of $100, together with the full names and mailing addresses (occupations and the principal
places of business, if any) of the lender and endorsers, if any, and the date and amount of such loans;
(6) the total amount of proceeds from (A) the sale of tickets to each dinner, luncheon, rally,
and other fundraising event; (B) mass collections made at such events; and (C) sales of items such
as political campaign pins, buttons, badges, flags, emblems, hats, banners, literature, and similar
materials;
(7) each contribution, rebate, refund, or other receipt in excess of $100 not otherwise listed
under paragraphs (2) through (6) ;
(8) the total sum of all receipts by or for such committee or candidate during the reporting
period;
(9) the full name and mailing address (occupation and the principal place of business, if any)
of each person to whom expenditures have been made by such committee or on behalf of such com-
mittee or candidate within the calendar year in an aggregate amount or value in excess of $100, the
amount, date, and purpose of each such expenditure and the name and address of, and office sought
by, each candidate on whose behalf such expenditure was made;
(10) the full name and mailing address (occupation and the principal place of business, if any)
of each person to whom an expenditure for personal services, salaries, and reimbursed expenses in
excess of $100 has been made, and which is not otherwise reported, including the amount, date, and
purpose of such expenditure;
(11) the total sum of expenditures made by such committee or candidate during the calendar
year;
(12) the amount and nature of debts and obligations owed by or to the committee, in such form
as the supervisory officer may prescribe and a continuous reporting of their debts and obligations
after the election at such periods as the supervisory officer may require until such debts and obliga-
tions are extinguished; and
(13) such other information as shall be required by the supervisory officer.
(c) The reports required to be filed by subsection (a) shall be cumulative during the calendar year
to which they relate, but where there has been no change in an item reported in a previous report during
such year, only the amount need be carried forward. If no contributions or expenditures have been accepted
or expended during a calendar year, the treasurer of the political committee or candidate shall file a state-
ment to that effect.
SEC. 306. (a) A report or statement required by this title to be filed by a treasurer of a political com-
mittee, a candidate, or by any other person, shall be verified by the oath or affirmation of the person filing
such report or statement, taken before any officer authorized to administer oaths.
SEC. 309. (a) A copy of each statement required to be filed with a supervisory officer by this title shall
be filed with the Secretary of State (or, if there is no office of Secretary of State, the equivalent State
officer) of the appropriate State. For purposes of this subsection, the term "appropriate State" means—
(1) for reports relating to expenditures and contributions in connection with the campaign for
nomination for election, or election, of a candidate to the office of President or Vice President of the
United States, each State in which an expenditure is made by him or on his behalf, and
(2) for reports relating to expenditures and contributions in connection with the campaign for
nomination for election, or election, of a candidate to the office of Senator or Representative in, or
Delegate or Resident Commissioner to, the Congress of the United States, the State in which he seeks
election.
U.S. GOVERNMENT PRINTING OFFICE 1972 0-461-034
SCHEDULE A
ITEMIZED RECEIPTS-CONTRIBUTIONS, TICKET PURCHASES, LOANS, AND TRANSFERS
Part No.
(Full Name of Candidate or Committee)
(Use for itemizing Part 1, 2, 3, 4, or 5)
SEE REVERSE SIDE FOR INSTRUCTIONS
(Use separate page (s) for each numbered Part)
Date (month,
Full Name, Mailing Address, and ZIP Code
Amount of Receipt
day, year)
(occupation and principal place of business, if any)
Aggregate Year-to-date
This Period
(complete if applicable)
Aggregate Year-to-date
lo
$
(8) to
Hada Injot Tubnelso
Aggregate Year-to-date
al 8
$
(S)
(d)
ВЯЗИИТА
8A
in
But
invoice
beximeti
Aggregate Year-to-date
повтор dose to to
$
of TO to
to ni benefits Hiw borreq to
Aggregate Year-to-date
ed Hade 1891
$
only
nt
RB bestmeti Hada 988dswq Insupoedne
(S)
ed
bluona
"borre"
.8
Aggregate Year-to-date
.8 NJ S
$
bns sman Unit griving besimeti
S to bas does to (vns Il to easiq laqioaing bas
mi 9TH (eisgetyze) of ansol TO 0018 to ni
beneine Hiw gaiwb
Aggregate Year-to-date
$
ni Hade Istat tadt .0018 abesoze 1897 ni
189 ₹ unbasiso add ni bevieess at (8)mol insupeadua
ni befreen Intol sill ni hebulant but avods 86 beximeti Hada
[.(d)
Aggregate Year-to-date
$
s ,I ton
(vis to laqioairq bits noitaqueso)
na mi al
Hiw (a)
Aggregate Year-to-date
$
Isoitiloq rlose 10 gniliam
Aggregate Year-to-date
$
TOTAL THIS PERIOD
(Last page of this Part only)
Page
INSTRUCTIONS FOR PREPARING SCHEDULE A
(See Appropriate Supervisory Officer's Manual for Additional Regulations and Instructions)
Use this form to itemize Receipts for Part 1, 3, 4, or 5 and in conjunction with Schedule B for Part 2.
Do not itemize more than one Part on a page. This form may be duplicated or the information may be
itemized on computer printouts or any 81/2 X 11" paper providing only the information required in the
same format.
This Schedule is to be used to ITEMIZE ONLY THE RECEIPTS AS SPECIFIED BELOW FOR
EACH PART. The "Total This Period" amount for each itemized Part is to be carried forward to the
corresponding Part of the Summary Report. When applicable, the total of all other receipts NOT
REQUIRED TO BE ITEMIZED UNDER A GIVEN PART is to be entered as a lump sum on the
"UNITEMIZED" line of the appropriate Part of the Summary Report.
Part 1(a). ITEMIZED CONTRIBUTIONS.-This is an itemized account giving the date, full name and
mailing address (occupation and principal place of business, if any) of each person who has made one or more
contributions to or for the reporting committee or candidate during the reporting period in an amount in excess
of $100 or whose total contributions to date (aggregate) during the calendar year are in excess of $100. Exclude
from this part the purchase of tickets for events such as dinners, luncheons, rallies and similar fundraising
events which are reported in Part 2. The actual amount of the contribution (s) received during this report-
ing period will be entered in the "Amount of Receipt This Period" column.
When the sum of a person's contribution(s) in this calendar year exceeds $100, that total shall be
entered in the "Aggregate Year-to-Date" box. When a subsequent contribution(s is received in the
calendar year from the same contributor, each such subsequent contribution shall be itemized as above
and included in the total reported in the "Aggregate Year-to-Date" box. [Section 304 (b) (2).]
Part 2. ITEMIZED TICKET PURCHASES FOR EVENTS SUCH AS DINNERS, LUNCHEONS,
RALLIES AND SIMILAR FUNDRAISING EVENTS.-This is an itemized account giving the date, full
name and mailing address (occupation and principal place of business, if any) of each person who has purchased
one or more tickets for events such as dinners, luncheons, rallies and similar fundraising events during this
reporting period in an amount in excess of $100 or whose total ticket purchases to date (aggregate) are in excess
of $100. The actual amount of the ticket purchases during this period will be entered in the "Amount of Receipt
This Period" column.
When the sum of a person's ticket purchase(s) in this calendar year exceeds $100, that total shall be
entered in the "Aggregate Year-to-Date" box. When a subsequent ticket purchase(s is received in the
calendar year from the same contributor, each such subsequent ticket purchase shall be itemized as above
and included in the total reported in the "Aggregate Year-to-Date" box. [Section 304 (b) (2).]
This is an itemization only to support Schedule B. The "Total This Period" amount should not be
carried forward to Schedule B or the Summary Report. Attach Part No. 2 of this Schedule to Schedule B.
Part 3(a). ITEMIZED LOANS RECEIVED.-This is an itemized account giving the date, full name and
mailing address (occupation and principal place of business, if any) of each lender and endorser of a loan(s)
which has been received this reporting period in excess of $100 or whose total loans to date (aggregate) are in
excess of $100. The actual amount of the loan(s) received during this reporting period will be entered in the
"Amount of Receipt This Period" column.
When the sum of a person's loan(s) in this calendar year exceeds $100, that total shall be entered in the
"Aggregate Year-to-Date" box. When a subsequent loan(s) is received in the calendar year from the same
contributor, each such subsequent loan shall be itemized as above and included in the total reported in the
"Aggregate Year-to-Date" box. [Section (b) (5).]
Part 4(a). ITEMIZED OTHER RECEIPTS.-This is an account of receipts in the form of a refund,
return, rebate, interest, investment or other miscellaneous receipt not otherwise reported in Part 1, 2,
3, or 5. Give the date, full name and mailing address (occupation and principal place of business, if any)
of each person from whom one or more such receipts have been received in this reporting period in an
amount in excess of $100. The actual amount of the receipt during this reporting period will be entered
in the "Amount of Receipt This Period" column. Do not use the "Aggregate Year-to-Date" box. [Section
304 (b) (7).]
Part 5. ITEMIZED TRANSFERS IN FROM POLITICAL COMMITTEES AND CANDIDATES.-
This is an itemized account giving the date, full name and mailing address of each political committee or candi-
date from whom any transfer of funds has been received within this reporting period in any amount. The actual
amount of the transfer(s) during this reporting period will be entered in the "Amount of Receipt This Period"
column. Do not use the "Aggregate Year-to-Date" box. [Section 304 (b) (4).]
U.S. GOVERNMENT PRINTING OFFICE 1972 0-461-027
OFFICE OF FEDERAL ELECTIONS
PRESS RELEASES
April 14, 1972
Announcement of 1972 limitation on spending
for communications media by candidates for
Federal Election.
April 20, 1972
Appointment by Comptroller General of Phillip S.
Hughes as Director of Office of Federal Elections.
May 25, 1972
Summary of actions by Director, Office of Federal
Elections to achieve better compliance by candi-
dates and committees of the Federal Elections
Campaign Act of 1971.
June 5, 1972
Referral to Attorney General of apparent violation
of Section 310 of Federal Election Campaign Act
of 1971 prohibiting contributions in the name of
another.
June 28, 1972
Referral to Attorney General of apparent violation
of Title I of Federal Election Campaign Act of
1971 by New York Times in publishing National
Committee for Impeachment's advertisement without
required statement.
July 7, 1972
Referral to Attorney General of apparent violation
of Section 303 of Federal Election Campaign Act
of 1971 by National Committee for Impeachment for
failing to register and report.
August 26, 1972
Referral to Attorney General of eleven apparent
and possible violations of record keeping and
reporting requirements of Title III of Federal
Election Campaign Act of 1971 arising from $25,000
Dahlberg-Andreus contribution, $89,000 in Mexican
bank checks, and $350,000 cash fund.
September 14, 1972
Announcement of warnings by Director, Office of
Federal Elections to treasurers of about 250
political committees whose reports of receipts
and expenditures due September 10, under Federal
Election Campaign Act of 1971, haveenot been
received.
R FORD LIBRARY
GERALD
OFFICE OF FEDERAL ELECTIONS
PRESS RELEASES
(Continued)
September 22, 1972
Release of a special study providing 25
recommendations for preventing difficulties
facing county and local election officials
on election day prepared by the Institute
of Election Administration of the American
University and National Scientific Corporation.
October 6, 1972
Referral to Attorney General of a report
on the financial operations of the McGovern
for President - D.C. Committee and apparent
violations by the Business and Professional
Men and Women for McGovern of Sections 302(c)
and 304(b) (2) of Federal Election Campaign
Act of 1971, in reporting box office ticket
sales for Madison Square Garden rally; by
Americans Abroad for McGovern of 18 U.S.C.
613 prohibiting contributions from foreign
nationals; by National Labor Committee to
elect McGovern-Shriver of 18 U.S.C. 612
in publishing a political ad without proper
committee identification.
October 18, 1972
Announcement of notices issued to 1,247
political committees involved in the November 7
Presidential election that financial reports
are due 15 and 5 days before the election.
October 21, 1972
Release of an alphabetical list of contributors
to Presidential candidates and committees
supporting them containing 36,480 contributions
received from April 7, 1972, through August 31,
1972.
October 31, 1972
Release of a second report on the financial
operations of McGovern for President - D.C.
Committee and other related committees.
November 1, 1972
Referral to Attorney General of apparent violations
of 18 U.S.C. 610 prohibiting corporate contributions
involving National Black Committee for the Re-
election of the President; and 18 U.S.C. 613
- 2 -
FORD OF LIBRARY GERALD
OFFICE OF FEDERAL ELECTIONS
PRESS RELEASES
(Continued)
prohibiting contributions from foreign nationals
involving Finance Committee to Re-elect the
President.
January 18, 1973
Release of a third report on the financial
operations of campaign committees which supported
Senator George McGovern.
February 5, 1973
Release of a study of election difficulties
in seven selected jurisdictions in Ohio, Michigan,
California and Oregon prepared by the Institute
of Election Administration of The American
University and National Scientific Corporation.
February 13, 1973
Release of reports concerning contributions re-
ceived during the last 12 days of the 1972 Presi-
dential election campaign by The Finance Committee
to Re-elect the President and McGovern for
President, Inc.
February 21, 1973
Release of report on the operations of the
November Group and Guggenheim Productions.
March 12, 1973
Referral to Attorney General of apparent violation
of Section 302 and 304 of Federal Election Campaign
Act of 1971 by Finance Committee to Re-elect the
President in failing to record and report $200,000
in cash contributions from Robert L. Vesco.
March 14, 1973
Referral to Attorney General of apparent violations
of 18 U.S.C. 610, prohibiting corporate contribu-
tions to the Utah Republican State Central Committee
and Section 104(b) of Federal Election Campaign Act
of 1971 by five newspapers for failing to obtain
candidate certification.
April 27, 1973
Referral to Attorney General of apparent violations
of Section 302 and 304 of Federal Election Campaign
Act of 1971 by Finance Committee to Re-elect the
President in failing to maintain records and report
cash on hand on April 7, 1972, as well as subsequent
disbursements to Theodore F. Brill, Young Republican
- 3 -
FORD LIBRARY GERALD
OFFICE OF FEDERAL ELECTIONS
PRESS RELEASES
(Continued)
Organization; Robert Odle, Committee for Re-
election of the President; and Phillip Joanou,
Executive Director of November Group.
May 3, 1973
Referral to the Attorney General of apparent
violations of 18 U.S.C. 612 regarding failure
to list names of persons or committees respon-
sible for advertisement on May 17, 1972, in
New York Times, financed by The Finance Committee
to Re-elect the President.
May 18, 1973
Referral to the Attorney General of apparent
violationsof Sections 302(c) and (d) and 304(b)
of Federal Election Campaign Act of 1971 by
the Sanford Carolina Campaign Committee in
reporting contributions not supported by any
records, failing to itemize receipts over $100,
double reporting of expenditures, and failing
to itemize more than $19,000 in expenditures
of over $100 each; and Sections 1001 and 1621
of 18 U.S.C. by the treasurer's knowingly sub-
mitting false reports to a Federal Agency and
knowingly using false documentation as support
for committee expenditures.
May 20, 1973
Referral to Attorney General of apparent
violations of Sections 304 and 305 of Federal
Election Campaign Act of 1971 by the Finance
Committee to Re-elect the President involving
unreported post April 7, 1972 collections and
disbursements.
May 30, 1973
Referral to Attorney General of a report on the
Republican Party of Wisconsin involving apparent
violations of Section 104(b) of Federal Election
Campaign Act of 1971 by four newspapers for
failing to obtain candidate certification.
June 27, 1973
Release of correspondence between Director of
Office of Federal Elections and Devan L.
Shumway, Information Officer for Committee for
Re-election of the President that McGovern
committees did not obtain proper authorizations
from the candidate.
- 4 -
FORD LIBRARY a GERALD
OFFICE OF FEDERAL ELECTIONS
PRESS RELEASES
(Continued)
July 5, 1973
Referral to Attorney General of apparent violations
of Sections 302 and 304 of Federal Election Campaign
Act of 1971 and 18 U.S.C. 610 by the Salute to Ted
Agnew Night Committee; Sections 1001 and 1621 of
18 U.S.C. and Section 304(b) (4) of Federal Election
Campaign Act of 1971 by the Finance Committee to
Re-elect the President.
July 24, 1973
Release of a list of political committees registered
with Office of Federal Elections which have been
recently audited under provisions of the Federal
Election Campaign Act of 1971. These committees
were those whose reports did not contain violations
of Federal laws which would warrant referral to
the Department of Justice.
July 27, 1973
Referral to Attorney General a report on the Indiana
Republican State Central Committee involving the
question of whether a patronage collection system
in the State of Indiana, which provides financial
support to political parties, violates 18 U.S.C
600; and referral to the Federal Communications
Commission for further investigation of possible
violation of Section 104(c) of Federal Election
Campaign Act of 1971 by 19 television and 68 radio
stations.
August 9, 1973 Referral to Attorney General and Secretary of the
Treasury. A report concerning $605,000 in contri-
butions by Walter T. Duncan to committees acting
on behalf of two Presidential candidates - The
Committee for the Nomination of Hubert H. Humphrey
and the Finance Committee to Re-elect the President.
August 13, 1973 Referral to Attorney General a report on the Wisconsin
McGovern for President Committee involving apparent
violation of Section 302 of Federal Election Campaign
Act of 1971 for failure to maintain complete and
accurate records; and referral to the Federal
Communications Commission the apparent failure of
two radio stations to obtain media certifications.
- 5 -
GERALD LIBRARY FORD
OFFICE OF FEDERAL ELECTIONS
PRESS RELEASES
(Continued)
August 23, 1973
Release of an alphabetical listing of contributions
in excess of $100 to candidates for President and
Vice President in the 1972 election and committees
supporting them. The listing required by Section
308(a) (7) (E) of Federal Election Campaign Act of
1971 contains 84,337 contributions, loans, refunds
and other payments or transfers of money in excess
of $100 received during the period April 7 -
December 31, 1972.
September 7, 1973
Referral to Attorney General a report on the
Shirley Chisholm for President Committee con-
cerning apparent violations by the committee of
Sections 302, 303 and 304 of Federal Election
Campaign Act of 1971 for failing to name a
chairman, maintain complete and accurate records,
and file required reports; Section 104(b) by
the New York Amsterdan News for failing to obtain
candidate's certification and 18 U.S.C. 610
involving corporate contributions.
GER 60 6 - R. FORD LIBRARY
4904 Buff
8904 Green
4204 White
1970 FORD FOR Congres Comm.
Boundank: harvious for FORD Comm.
: Julits RIEKSTING Yosas
2
3
4
RISKSTING
22 UNION se
DEPOSITS
Paid
458-4820
1
9/288
DC. For Ford Comm.
1500.00
check
1
9/30
"
2
:
750.00
Check
2
3
10/21
Cosh - stilss
4,200.00
3
4
11/18
Congr. Campaign Comm.
3000.00
Chese
4
5
11/20-23-
,
500.00
check
5
6
6
7
total Taposit
of
95000
7
8
Filing date desbursions
7,
191.69
8
9
pash Bal
2
859.31
9
10
fost shetim
2,
500.00
10
11
1970 Bal
359.31
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
25
25
26
26
27
27
28
28
29
23
30
30
31
31
GEART
LIBRARY
doe
Copy of Clerk's ruling concerning Earmarking
3
Clerk's Office Clerk's Office
checkto see if Rec Committee
reports for 1970 reflect receipt of
contributions from the fullowing
out
sometime
probably
Dsec. Industry Comp. Comm.
$5000
10/30
3
Bankers PAC
$2000
New 11/9
3
John M. Shaheen
$ 3000
11/6
if
4
in tober
Barlermnhers- Blockeneths Union $ 1000
5
Mickigan Dates PAC
$ 800
FORD I LIBRARY a. GERMED
TABLE OF CONTENTS
1. CIVIL RIGHTS
2. DESEGRATION
3. WOMEN'S RIGHTS
4. ENVIRONMENTAL POLICY
5. AIR POLLUTION CONTROL
6. WATER POLLUTION CONTROL
7. WATER RESOURCES
8. WILDERNESS PRÉSERVATION
9. CRIME AND LAW ENFORCEMENT
10. HIGHER EDUCATION
11. ELEMENTARY AND SECONDARY EDUCATION
12. AID TO PRIVATE SCHOOLS
13. PRAYER IN PUBLIC SCHOOLS
14. ELECTION CAMPAIGN REFORM
15. ELECTION REFORM
16. IMPOUNDMENT OF FUNDS
17. POVERTY -- OEO LEGISLATION
18. TAX REFORM
19. FOREIGN TRADE
20. WELFARE AND SOCIAL SECURITY
21. HEALTH CARE FINANCING
22. HEALTH RESOURCES LEGISLATION
23. HEALTH RESEARCH ISSUES
24. OCCUPATIONAL SAFETY AND HEALTH
GREATO
ORD
25. FOOD PROGRAMS
26. DRUG ABUSE PREVENTION AND CONTROL
27. THE DISTRICT OF COLUMBIA
28. FEDERAL ASSISTANCE IN RURAL DEVELOPMENT
29. FEDERAL FARM PRICE SUPPORT PROGRAMS
30. MINIMUM WAGE LEGISLATION
31. MANPOWER
32. THE URBAN MASS TRANSPORTATION PROGRAM
33. THE FEDERAL HIGHWAY PROGRAM
C
GERALD LIBRARY FORD
9-4-73. (DER)
(No. 171) H - 1
NEW TAX DECISIONS AND RULINGS
Internal Revenue Service
GROSS INCOME- A congressman receives subscription fees or solicited contributions
to defray the cost of newsletters, reports, and questionnaires sent to constituents.
Held: The subscription fees and contributions are includable in the congressman's
gross income. The expenses of publishing and distributing the newsletters, reports, and
questionnaires are business expenses deductible on an itemized return. IRS; Rev. Rul.
73-356, 9/4/73.
Full Text:
costs involved, Congressman B solicits
pated benefit of an economic nature
contributions, by notation on the re-
to the payor, it is not a gift. Where
Advice has been requested as to the
ports and by telephone requests initi-
the payment is in return for services
tax treatment of amounts received
ated by a member of his staff, to be
rendered, it is irrelevant that the donor
and amounts expended by Congress-
used solely for the printing and related
receives no economic benefit from it.
men A and B, who use the cash re-
costs of these reports and question-
See Commissioner v. Duberstein, 363
ceipts and disbursements method of
naires. However, he sends the reports
U.S. 278 (1960), 1960-2 C.B. 428.
accounting, in connection with publi-
and questionnaires to constituents
Moreover, when a payment is made
cation and distribution of newsletters,
whether or not they contribute. Con-
by a customer to a taxpayer who pro-
reports, and questionnaires they send
tributions received by him in response
vides services to assure continuation of
505
Michigan Election Law
§ 6.1902
This was true even with respect to
ballot boxes were produced and ex-
the fee paid for precincts wherein bal-
amined as petitioned. Op Atty Gen,
1977
lots were not actually retallied, if the
April 10, 1935.
CHAPTER XXXIV
CAMPAIGN EXPENSES
Vol5 Mich Annotated State
§ 6.1901 Definitions.] SEC. 901. Terms used in this chapter
shall be used as follows, unless other meaning is clearly apparent from
the language or context, or unless such construction is inconsistent
with the manifest intent of the law:
1. "Candidate" shall apply to any person whose name is printed
on an official ballot for public office or whose name has been presented
for public office, with his consent, for nomination or election;
2. "Political committee" or "committee" shall apply to every com-
bination of 2 or more persons who shall aid or promote the success or
defeat of a candidate, or a political party or principle or measure;
and
3. "Public office" shall apply to any national, state, county or city
ward, village or township office which is filled by the voters of this
state, as well as to the office of presidential elector and United States
senator.
(CL '48, § 168.901.)
I
History.
12. Political committee.
This section is derived from Pub
Established agency or organization,
Acts 1925, No. 351, Part V, c 2, § 19
which is unincorporated and consists
(former § 6.639).
of two or more persons, and which
combination aids and promotes the
1-10. [Reserved for use in future
success or defeat of a state proposal,
supplementation.]
constitutes political committee as de-
fined in this section. Op Atty Gen,
11. Candidate.
November 8, 1961, No. 3610.
The term "candidate" in an elee-
Committees formed to support or
tion law or city charter provision,
oppose propositions submitted in lo-
when not defined therein, is generally
cal elections are political committees
used in its ordinary and customary
within meaning of corrupt practices
sense to mean one who is selected by
act. Op Atty Gen, August 6, 1968,
others as a contestant for an office
No. 4622.
as well as one who seeks an office,
and hence includes a participant in
Legal periodicals.
a primary election as well as one who
Union political involvement and re-
runs in a regular election. City of
form of campaign financing regula-
Grand Rapids V. Harper, 32 Mich App
tion, Prospectus, Vol 2, No. 2, p 347.
324.
Delegate to county convention is
ALR note.
not a "candidate." Op Atty Gen,
Constitutionality of statute relat-
1933-1934, p 198.
ing to power of committee or officials
of political party, 62 ALR 924.
§ 6.1902 Expenses of candidates, limit.] SEC. 902. No sums
of money shall be paid and no expenses authorized or incurred by or
on behalf of any candidate to be paid by him in order to secure or aid
in securing his nomination to any public office or his position in this
state in excess of the amount computed at the rate of [$40.00] for each
1,000 votes east at the general November election in the last preceding
presidential year for the office of governor in the state or political
subdivision thereof in which he is a candidate for nomination: Pro-
vided, That no candidate shall be restricted to less than 25% of 1
FORD R. GERALD SIBRARY
§ 6.1903
Title 6-Elections and Vacancies
506
507
year's compensation, nor in any case to less than $100.00 in his
§ 6.1
campaign for such nomination. No sums of money shall be paid and
and no
no expenses authorized or incurred by or on behalf of any candidate
or agree
who has received the nomination to any public office or position in
or other
this state in excess of the amount to which expenditures for his
ever, ex
nomination to such office or position are limited under the provisions
First,
of this section. No sum of money shall be paid and no expenses
to, for ]
authorized or incurred by or on behalf of any candidate contrary to
telegrap
the provisions of this act.
Secon
(CL '48, § 168.902.)
Third
History.
13. Construction in general.
Fourt
As amended by Pub Acts 1958, No.
Public Acts 1913, No. 109, regulat-
Fifth,
28, imd eff April 3.
ing nomination and election expenses
and mes
This section, as originally enacted,
and requiring accounts thereof was a
was derived from Pub Acts 1925, No.
remedial statute and must be con-
Sixth,
351, Part V, c 2, § 1, as amended
strued to carry out the legislative in-
to the ni
(former § 6.621).
tent. People V. Gansley, 191 Mich
Seven
357.
1-10. [Reserved for use in future
Depending upon which act limits
lic meeti
supplementation.]
campaign expenditures of congres-
Eight
sional candidate to smaller amount,
11. Title of prior act.
lists ano
this section or the Federal Corrupt
Public Acts 1913, No. 109, entitled
Practices Act governs as to limita-
registere
"An act to regulate and limit nomi-
tions on such expenditures. Op Atty
and lists
nation expenses; to define and pre-
Gen, October 14, 1958, No. 3351.
vent corrupt and illegal practices in
Ninth,
nominations and elections; to secure
14. Congressional primaries.
Tenth
and protect the purity of the ballot,
Expenditures of congressional can-
polls; an
and to require accounts of nomina-
didates in primary election are limit-
tion and election expenses to be filed,
Elever
ed by this section, and the maximum
and providing penalties for the viola-
allowable expenditures of such candi-
in accor
tion of this act" was not invalid un-
dates in general election are limited
penses of
der Const 1908, art V, § 21, as contain-
by the Federal Corrupt Practices Act.
ing more than one object which was
None (
Op Atty Gen, January 16, 1957, No.
not expressed in its title, because it
2829.
to the re
prohibited the making of contribu-
for which
tions for campaign purposes by cor-
ALR notes.
porations. People V. Gansley, 191 Mich
Constitutionality of Corrupt Prac-
(CL'4
357.
tices Acts, 69 ALR 377.
Construction and application of
History.
12. Constitutionality.
statute regarding statement by candi-
This se
Public Acts 1913, No. 109, regulat-
date as to his expenses, or his inter-
Acts 1925
ing and limiting nomination and elec-
est in, or the financial value of pub-
(former §
tion expenses and forbidding contri-
licity through, newspapers or other
butions for election expenses by cor-
Cross-refe
publicity sources, 103 ALR 1424.
porations was not unconstitutional as
Permiss
unduly and unreasonably restraining
Digest reference.
ities, see
the political activities of the people.
See Callaghan's Mich Dig, Elec-
People V. Gansley, 191 Mich 357.
tions, § 54.
1-10. [Re
S
§ 6.1903 Treasurer of political committee; appointment, du-
11. Perm
ties.] SEC. 903. Every political committee shall appoint a treasurer
Under p
who shall receive, keep and disburse all sums of money which may be
political
collected or received by such committee or any of its members for
money foi
disabled V
election expenses; and unless such treasurer is first appointed it shall
Op Atty G
be unlawful for a political committee or any of its members to collect,
Under p
receive or disburse money for any such purpose.
quet came
(CL '48, § 168.903.)
"political
tions" and
History.
would hav
This section is derived from Pub
(former $ 6.622).
FORD R. LIBRARE GERALD
port of th
Acts 1925, No. 351, Part V, c 2, § 2
tee. Op At
A citize
507
Michigan Election Law
6.1904
§ 6.1904 Lawful items of expense.] SEC. 904. No candidate
and no treasurer of any political committee shall pay, give or lend,
or agree to pay, give or lend, either directly or indirectly, any money
or other valuable thing for any nomination or election expenses what-
ever, except for the following purposes:
First, For traveling expenses and personal expenses incident there-
to, for printing, stationery, advertising, postage, expressage, freight,
telegraph, telephone and public messenger services;
Second, For dissemination of printed information to the public;
Third, For political meetings, demonstrations and conventions;
Fourth, For the rent, maintenance and furnishing of offices;
Fifth, For the payment of clerks, typists, stenographers, janitors
and messengers actually employed;
Sixth, For the employment of challengers at primaries and elections
to the number allowed by law as such;
Seventh, For the payment of public speakers and musicians at pub-
lic meetings and their necessary traveling expenses;
Eighth, For copying and classifying of election registers or poll
lists and investigating the right to vote of the persons listed or
registered therein, and conducting proceedings to purge the registers
and lists and prevent improper or unlawful registration or voting;
Ninth, For making canvasses of voters;
Tenth, For conveying infirm or disabled voters to and from the
polls; and
Eleventh, For employing as counsel, attorneys licensed to practice.
in accordance with the laws of the state, and for the necessary ex-
penses of such counsel.
None of the provisions of this chapter shall be construed as relating
to the rendering of services by speakers, writers, publishers or others
for which no compensation is asked or given.
(CL '48, § 168.904.)
History.
may expend his own funds in support
This section is derived from Pub
of political campaign or political can-
Acts 1925, No. 351, Part V, c 2, §3
didate, and it is not unlawful to
(former § 6.623).
ineur expense or pay cost for mailing
campaign literature, including cards
Cross-reference.
of political candidates. Op Atty Gen,
Permissible expenditures and activ-
April 23, 1963, No. 4135.
ities, see also note to § 6.1931, infra.
12. Expenditures not permitted.
1-10. [Reserved for use in future
Under prior statute, expenses of
supplementation.]
distributing cigars to electors by a
candidate or political committee was
11. Permissible expenditures.
not authorized. Op Atty Gen, 1914,
Under prior statute, a candidate or
p 617.
political committee might expend
A candidate may not expend money
money for rigs to convey infirm or
for the purpose of conveying voters
disabled voters to and from the polls.
to and from the polls other than those
Op Atty Gen, 1914, p 618.
who are infirm or disabled. Op Atty
Under prior statute, a political ban-
Gen, 1915, pp 212, 458. See also
quet came under the classification
6.1931, subd (k), infra.
"political meetings" and "demonstra-
tions" and money expended therefor
13. Postage.
would have to be included in the re-
Postage used in mailing blank peti-
port of the treasurer of the commit-
tions for nominations should be in-
tee. Op Atty Gen, 1915, p 208.
cluded in the expense account of a
A citizen who is not a candidate
candidate. Op Atty Gen, 1915, p 168.
GERALD FORD
6.1905
Title 6-Elections and Vacancies
508
509
14. Traveling expense.
Digest reference.
(3) If a can
Personal expenses of candidate in-
See Callaghan's Mich Dig, Elections,
less than $100.00
clude his meals while away from home
§ 54.
and oil and gas used in traveling.
in the report.]
Op Atty Gen, 1920, p 211.
(CL '48, § 168
History.
§ 6.1905 Money to be paid or given only to candidate or politi-
As amended by
cal committee.] SEC. 905. No person who is not a candidate or the
37, imd eff March
treasurer of a political committee shall pay, give or lend, or agree
eff September 13
March 30, 1972.
to pay, give or lend, any money whether contributed by himself or by
This section, as
any other person for any election expenses whatever, except to a
was derived from
candidate or to a political committee.
351, Part V, e 2, !
(CL '48, § 168.905.)
1-10. [Reserved
History.
political committee. Op Atty Gen,
suppleme
This section is derived from Pub
January 16, 1957, No. 2829.
Acts 1925, No. 351, Part V, c 2, § 11
11. Place to file.
(former § 6.631).
12. Private expenditures.
Congressional ca
Under prior act, it was ruled that
statement of exper
1-10. [Reserved for use in future
individuals from whom detailed state-
election with the
supplementation.]
ments could not be required were not
county where he
permitted to expend money to pro-
Gen, 1915, p 168.
11. Direct contribution.
mote the campaign of a candidate for
This section provides that contribu-
office, such expenditures as distribut-
12. Elections as
tions for election expenses shall be
ing cigars to electors being forbidden.
which appli
made only to a candidate or to a
Op Atty Gen, 1914, p 617.
Similar section
applicable to city
Op Atty Gen, 1914
§ 6.1906 Account; filing, contents; filing list of candidates
Under prior ac
and proof copy of ballot; duplicate expense statements, filing by
treasurer of a poli
certified candidates; campaign expenses and contributions.] SEC.
not required to fil
906. [(1)] Every candidate and every treasurer of a political com-
money had been
pended or expense
mittee shall, within 10 days after any primary election, caucus or
Op Atty Gen, 1914
convention, and again within 20 days after any general election,
Similar section
whether state, county, city, municipal, township or district election,
to nonpartisan tow
prepare and file in the office of the county clerk of the county in
Atty Gen, 1914, p
Under prior act,
which such candidate resides, a full, true and detailed account and
convention was no
statement subscribed and sworn to by him before an officer authorized
was not required
to administer oaths, setting forth each and every sum of money re-
account. Op Atty
ceived or disbursed by him for nomination or election expenses, the
198.
Candidate for (
date of each receipt, the name of the person from whom received or
to file report of
to whom paid, and the person to whom and object or purpose for
tures with county
which disbursed. Such statements shall also set forth the unpaid
with clerk of hous
debts and obligations, if any, of such candidate or committee, in-
Op Atty Gen, Oc
3351.
curred for the purposes set forth in section 904 +, with the nature
Both candidates
and amount of each, and to whom owing, in detail.
The clerk of
committees formed
each city, village or township in the several counties of this state
dates must file Se
shall, within 5 days after any primary or general election, file with
count and statem
the county clerk a list containing the names and addresses of all
law for both pr:
elections. Op Ati
candidates in their respective districts and a proof copy of the official
1968, No. 4622.
ballot used in such primary or general election. Any candidate whose
nomination or election is certified by the secretary of state shall file
13. Necessity of
duplicate expense statements with the county clerk of the county
Expenses of ca:
or of his political
in which he resides and such county clerk shall forthwith deliver 1
of such copies to the secretary of state by registered or certified mail.
[(2) If a candidate has campaign expenses which amount to less
§ 6.1907 S
SEC. 907. All SU
than $100.00, he shall SO designate on his expense report, and he shall
offices where the
not be required to detail such expenditures.
509
Michigan Election Law
§ 6.1907
(3) If a candidate has campaign contributions which amount to
less than $100.00, he shall not be required to detail the contributions
in the report.]
(CL '48, § 168.906.)
History.
curing his nomination or seeking his
As amended by Pub Acts 1956, No.
election, must be filed; but where
37, imd eff March 28; 1958, No. 192,
candidate has expended no money no
eff September 13; 1971, No. 42, eff
statement need be filed. Op Atty
March 30, 1972.
Gen, 1915, p 520.
This section, as originally enacted,
Candidate may contribute his own
was derived from Pub Acts 1925, No.
money to political committee spon-
351, Part V, c 2, § 4 (former § 6.624).
soring candidacy of several candi-
dates, including the contributor, with-
1-10. [Reserved for use in future
out being required to list and report
supplementation.]
such contribution as campaign ex-
pense, it being considered within his
11. Place to file.
rights to make contribution as an indi-
Congressional candidate should file
vidual. Op Atty Gen, April 23, 1963,
statement of expenses during primary
No. 4135.
election with the county clerk of the
Committee formed for political ed-
county where he resides. Op Atty
ucation purposes which does not ac-
Gen, 1915, p 168.
tively participate in election cam-
paign is not required to file campaign
12. Elections and candidates to
account. Op Atty Gen, August 6, 1968,
which applicable.
No. 4622.
Similar section of prior act held
Committee formed for political ed-
applicable to city primary elections.
ucation purposes which, incident to
Op Atty Gen, 1914, p 557.
its primary purpose makes campaign
Under prior act, a candidate for
contribution, is not required to file
treasurer of a political committee was
campaign account and statement. Op
not required to file a statement unless
Atty Gen, August 6, 1968, No. 4622.
money had been received or ex-
Committee formed for purpose of
pended or expenses had been incurred.
raising money to be contributed to
Op Atty Gen, 1914, p 620.
candidate or campaign committee is
Similar section of prior act applied
required to file detailed account and
to nonpartisan township elections. Op
statement as required by law. Op
Atty Gen, 1914, p 642.
Atty Gen, August 6, 1968, No. 4622.
Under prior act, delegate to county
convention was not a "candidate" and
14. Corrected statement.
was not required to file an expense
A candidate who filed an incorrect
account. Op Atty Gen, 1933-1934, p
statement but, after notice, filed a
198.
corrected statement, could not be
Candidate for congress is required
prosecuted under former provision.
to file report of campaign expendi-
Barnard V. Judge of Superior Court
tures with county clerk as well as
of City of Grand Rapids, 187 Mich
with clerk of house of representatives.
560.
Op Atty Gen, October 14, 1958, No.
3351.
ALR note.
Both candidates for congress and
Construction and application of stat-
committees formed to aid such candi-
ute regarding statement by candidate
dates must file separate detailed ac-
as to his expenses, or his interest in,
count and statement as required by
or the financial value of publicity
law for both primary and general
through, newspapers or other pub-
elections. Op Atty Gen, August 6,
licity sources, 103 ALR 1424.
1968, No. 4622.
Digest reference.
13. Necessity of filing statement.
See Callaghan's Mich Dig, Elections,
Expenses of candidate for mayor,
§ 55.
or of his political committee, in se-
§ 6.1907 Same; inspection, preservation, certified copies.]
SEC. 907. All such accounts shall be open to public inspection in the
offices where they are filed and shall be carefully preserved there for
GERALD
§ 6.1908
Title 6-Elections and Vacancies
510
511
a period of 1 year, and it shall be the duty of the officers having
prosect
custody of the same to give certified copies in like manner as of other
didate
public records.
ment a
(CL '48, § 168.907.)
ney to
crimina
History.
29, 194
This section is derived from Pub
12. Cc
Acts 1925, No. 351, Part V, c 2, § 6
(former § 6.626).
A ea
ject to
§ 6.1908 Same; official inspection, notice to delinquents.]
SEC. 908. The several officers with whom statements are required to
§ 6.
be filed shall inspect all statements of accounts and expenses relating
person
to nominations and elections filed with them within 10 days after
swerin
the same are filed; and if, upon examination of the official ballot,
groun
it appears that any person has failed to file a statement as required
prosec
by law, or if it appears to any such officer that the statement filed
offens
with him does not conform to law, or upon complaint in writing
action
by a candidate or by a voter that a statement filed does not con-
(CI
form to law or to the truth, or that any person has failed to file a
statement which he is by law required to file, said officer shall
History
forthwith in writing notify the delinquent person to comply with
This
Acts 19
the requirements of this chapter.
(forme
(CL '48, § 168.908.)
Cross-r
History.
Privi
This section is derived from Pub
see Cor
Acts 1925, No. 351, Part V, c 2, §7
liability
(former § 6.627).
1942, is
§ 6.1909 Failure to comply with law; notice to prosecutor or
1-10.
attorney general; institution of proceedings.] SEC. 909. Upon the
failure of any person to file a statement within 10 days after receiving
such notice, or if any statement filed discloses any violation of any
§ 6.
provisions of this act, the county clerk[ if the statement is required
secreta
to be filed with him,] shall forthwith notify the prosecuting attorney
proper
of the county where said violation occurred or the secretary of state,
provec
before
if the statement is required to be filed with him, shall forthwith
(CL
notify the attorney general of the violation. The county clerk or the
secretary of state] shall furnish the prosecuting attorney or the
History
attorney general] with copies of all papers relating thereto, and said
This
Acts 19
prosecuting attorney [or attorney general] shall, on such complaint
(forme
or the complaint of any other person, forthwith enter the name in a
docket kept for that purpose in his office, and within 20 days there-
§ 6.
after examine every such case, and if the evidence seems to him to be
912. I
sufficient under the provisions of this chapter he shall, in the name
associa
of the people of the state, forthwith institute such civil or criminal
of any
proceedings as may be appropriate to the facts.
upon
(CL '48, § 168.909.)
or arg
or calo
History.
1-10. [Reserved for use in future
such el
As amended by Pub Acts 1958, No.
supplementation.]
corpor
192, eff September 13.
This section, as originally enacted,
11. In general.
of any
was derived from Pub Acts 1925, No.
Former general election law re-
FORD
otherw
351, Part V, c 2, § 8 (former § 6.-
quired county clerk, after due notice
628).
to delinquent candidate, to notify
GERRA
boardi
LIBRARY
or his
511
Michigan Election Law
§ 6.1912
prosecuting attorney of failure of can-
rupt Practices Act, for filing an in-
didate to file election expense state-
correct statement of his primary elec-
ment and required prosecuting attor-
tion expenses, where he subsequently
ney to institute appropriate civil or
filed a correct statement. Barnard V.
criminal action. Op Atty Gen, August
Judge of Superior Court of City of
29, 1949, No. 1012.
Grand Rapids, 187 Mich 560.
12. Corrected statement filed on no-
Digest reference.
tice.
See Callaghan's Mich Dig, Elections,
A candidate for office was not sub-
§ 55.
ject to prosecution under former Cor-
§ 6.1910 Witness not exempt from testifying.] SEC. 910. No
person otherwise competent as a witness shall be excused from an-
swering any question, in any proceedings under this chapter, on the
ground that such answer would tend to incriminate him; but no
prosecution can afterwards be had against such witness for any such
offense concerning which he testified for the prosecution except in an
action for perjury in giving such testimony.
(CL '48, § 168.910.)
History.
11. Immunity of witnesses.
This section is derived from Pub
Defendants who testified in one
Acts 1925, No. 351, Part V, c 2, § 9
man grand jury proceeding were not
(former § 6.629).
immune from prosecution for election
fraud as result of such investigation.
Cross-references.
People V. O'Hara, 278 Mich 281.
Privilege against self-incrimination,
see Const 1963, art I, § 17, and note;
Digest reference.
liability of witness for people, § 6.-
See Callaghan's Mich Dig, Witness-
1942, infra.
es, § 185 et seq.
1-10. [Reserved for use in future
supplementation.]
§ 6.1911 State to furnish blank statements.] SEC. 911. The
secretary of state shall, at the expense of the state, furnish to the
proper county, city, village or township clerks blanks in a form ap-
proved by the attorney general, suitable for the statements herein-
before required.
(CL '48, § 168.911.)
History.
This section is derived from Pub
Acts 1925, No. 351, Part V, c 2, § 10
(former § 6.630).
§ 6.1912 Unlawful to threaten or intimidate employees.] SEC.
912. It shall be unlawful for any employer, either corporation,
association, company, firm or person, in paying the salary or wages
of any of its, their or his employees, to enclose in their pay envelopes,
upon which there is written or printed any political notice, device
or argument, containing any threat, expressed or implied, intended
or calculated to influence the political opinion, views or actions of
such employees so paid. Nor shall it be lawful for any employer, either
corporation, association, company, firm or person, within 90 days
of any election or primary election provided by law, to put up or
otherwise exhibit in its, their or his factory, workshop, mine, mill,
boarding house, office or other establishment or place where its, their
LD
R.
FORD
or his employees may be working or be present in the course of such
LIBRARY
6.1913
Title 6-Elections and Vacancies
512
513
employment, any handbill, notice or placard containing any threat,
notice or information that in case any particular ticket or candidate
§ 6
stitut
shall be nominated or elected, work in its, their or his place or estab-
lisher
lishment will cease, in whole or in part, or its, their or his establish-
ment will be closed or the wages of its, their or his workmen shall be
respo
inser
reduced; or any other threats, expressed or implied, intended or
calculated to influence the political opinion or acts of its, their or his
perm
tends
employees.
(CL '48, § 168.912.)
ment
people
History.
Cross-reference.
and
This section is derived from Pub
Penalty for discharging or threat-
orgai
Acts 1925, No. 351, Part V, c 2, § 15
ening to discharge employee for pur-
(former § 6.635).
pose of influencing his vote, see § 6.-
(0
1931, subd (d), infra.
Histo
Ad
§ 6.1913 Solicitation of donation from candidate, solicitation
eff 0
of donations in certain places; unlawfulness.] SEC. 913. No per-
son or organization shall ask, demand or request of or from any candi-
§ (
date for any public office subsequent to any public announcement of
licat
the candidacy for any nomination for such office, any donation, gift
publ
or contribution, purchase of tickets or similar demands This section
shall be held to include religious, charitable or social organizations
any
mora
or any person working in their behalf. Except for religious, charita-
assis
ble or educational purposes, no person, firm, association or corpora-
subject
tion or any person working in their behalf shall ask, request or demand
vide
within any building or on any property which is exempt from the
actio
general property tax of this state, any donation, gift, contribution,
(0
pledge, purchase of tickets or similar demand for the purpose of
furthering or defeating the candidacy of any candidate for public
Histo
office or any proposed law, or other measure that may be submitted
Thi
to popular vote.
Acts
form
(CL '48, § 168.913.)
History.
§
This section is derived from Pub
Acts 1925, No. 351, Part V, c 2,
nom
§ 20, as amended (former 6.640).
916.
a co
§ 6.1914 Newspaper advertising; designating as paid adver-
nom
tisement; payment for editorials.] SEC. 914. No publisher of a
cour
newspaper or other periodical and no director or person responsible
com
for the operation of any other advertising medium shall insert, either
such
in its advertising or reading columns or cause or permit to be dis-
file
seminated any paid matter which is designed or tends to aid, injure
peri
or defeat any candidate or political party or organization, or proposi-
(
tion before the people, unless it is stated therein that it is a paid
Hist
advertisement. No person shall pay the owner, editor, publisher or
T
agent of any newspaper, periodical or other advertising medium to
Acts
induce him to editorially advocate or oppose any candidate for nomi-
(for
nation or election, and no such owner, editor, publisher or agent shall
accept such payment.
$
(CL 48, § 168.914.)
No
pers
History.
tion
This section is derived from Pub
R.
Acts 1925, No. 351, Part V, c 2,
FORD
such
§ 16 (former § 6.636).
GERALD
or +
512
513
Michigan Election Law
6.1917
ireat,
§ 6.1914(1) Same; paid matter supporting or opposing con-
idate
stitutional amendment or other proposition.] SEC. 914a. No pub-
estab-
blish-
lisher of a newspaper or other periodical and no director or person
all be
responsible for the operation of any other advertising medium shall
ed or
insert, either in his advertising or reading columns, or cause or
permit to be disseminated, any paid matter which is designed or
or his
tends to support or oppose any proposed amendment or amend-
ments to the constitution of this state, or proposition before the
people, unless it is stated therein that it is a paid advertisement,
and stating the name or names of the persons, organization or
hreat-
organizations paying for such advertisement.
pur-
e $ 6.-
(CL '48, § 168.914a.)
History.
This section is derived from Pub
Added by Pub Acts 1955, No. 192,
Acts 1925, No. 351, Part V, c 2, § 16
ation
eff October 14.
(former § 6.636).
per-
landi-
§ 6.1915 Circulation of false statement in letter, poster or pub-
nt of
lication; penalty.] SEC. 915. If any letter, circular, poster, bill,
gift
publication or placard or any other advertising medium shall contain
ction
any false statement or charges reflecting on any candidate's character,
tions
morality or integrity, the author thereof and every person knowingly
arita-
assisting in the circulation thereof, shall, upon conviction thereof, be
pora-
subject to the penalties provided for the violation of this act: Pro-
mand
vided, That this shall in nowise deprive the injured party of any other
n the
action for libel given by law.
ation,
(CL '48, § 168.915.)
Be of
ublie
History.
Cross-reference.
itted
This section is derived from Pub
Anonymous statements, see § 6.1931,
Acts 1925, No. 351, Part V, c 2, § 17
subd (s), infra.
former § 6.637).
§ 6.1916 Administering oath of office or issuing certificate of
nomination or election before account filed; unlawfulness.] SEC.
916. It shall be unlawful to administer the oath of office or to issue
a commission or certificate of nomination or election to any person
dver-
nominated or elected to any public office until he has filed an ac-
of a
count as required by this act, which account shall upon its face be
asible
complete and show a lawful compliance with this chapter, and no
either
such person shall enter upon the duties of his office until he has
dis-
filed such account, nor shall he receive any salary or fees for any
hjure
period prior to the filing of the same.
posi-
(CL '48, § 168.916.)
paid
History.
er or
This section is derived from Pub
m to
Acts 1925, No. 351, Part V, e 2, §5
semi-
(former § 6.625).
shall
§ 6.1917 Anonymous contributions; unlawfulness.] SEC. 917.
No person shall make a payment of his own money or of another
person's money to any person in connection with a nomination or elec-
tion in any other name than that of the person who in truth supplies
such money; nor shall any person knowingly receive such payment
R.
FORD
or enter or cause the same to be entered in his accounts or records
LIBRARY
6.1918
Title 6-Elections and Vacancies
514
515
in another name than that of the persons by whom it was actually
thereof, be pun
furnished.
prisonment for
(CL '48, § 168.917.)
imprisonment il
(CL '48, § 16
History.
This section is derived from Pub
History.
Acts 1925, No. 351, Part V, c 2, § 12
This section is
(former § 6.632).
Acts 1925, No. 3.
(former § 6.638).
$ 6.1918 Same; unlawful disbursement.] SEC. 918. It shall
be unlawful for any candidate or treasurer of a political committee,
or person acting as such treasurer, to disburse money received from
any anonymous source.
§ 168.918.)
6.1931
History.
This section is derived from Pub
person who vi
Acts 1925, No. 351, Part V, c 2, § 13
on conviction, 1
(former § 6.633).
(a) .No pers
promise any n
$ 6.1919 Corporations not to contribute.] SEC. 919. No of-
as an inducem
ficer, director, stockholder, attorney, agent or any other person, act-
relative to any
ing for any corporation or joint stock company, whether incorporated
fraining from
under the laws of this or any other state or any foreign country, ex-
this section sh:
cept corporations formed for political purposes, shall pay, give or
office, position
lend, or authorize to be paid, given or lent, any money belonging to
(b) No pers
such corporation to any candidate or to any political committee for
himself or on b
the payment of any election expenses whatever.
any valuable C(
(CL '48, § 168.919.)
(1) Voting
History.
13. Contributions prohibited.
induce another
This section is derived from Pub
Chamber of commerce is not a cor-
primary electic
Acts 1925, No. 351, Part V, c 2, § 14
poration organized for political pur-
(2) Refrain
(former § 6.634).
poses and therefore may not make
contributions to campaigns for local
to induce anot
1-10. [Reserved for use in future
school millage elections. Op Atty
election;
supplementation.]
Gen, March 1, 1968, No. 4605.
(3) Doing a
Committees formed to support or
(4) Doing,
11. Validity.
oppose propositions submitted in local
Public Acts 1913, No. 109, § 14, for-
elections are political committees
electioneering,
within meaning of corrupt practices
on or before ar
bidding campaign contributions by
corporations, was a valid exercise of
act, and corporations are prohibited
(c) No per
the police power, did not deprive a
from making contributions to such
for or election
corporation of any property without
committees. Op Atty Gen, August 6,
money or oth
due process of law, and could not be
1968, No. 4622.
condemned as violating the constitu-
apply to request
tional right of free speech and free-
ALR notes.
representative
dom of the press, such latter right
Constitutionality of Corrupt Prac-
to which such
pertaining only to natural persons.
tices Acts, 69 ALE 377.
business trans:
People V. Gansley, 191 Mich 357.
Construction and application of
provisions of Corrupt Practices Act
which is not i
12. Local option contest.
regarding contributions by corpora-
the influencin
A person acting on behalf of a
tions, 125 ALR 1029.
tion.
corporation donating to a wet or dry
(d) No per
committee in a local option contest
Digest reference.
would have been a violator of former
See Callaghan's Mich Dig, Elections,
threaten to di
act. Op Atty Gen, 1915, p 65.
§ 56.
purpose of ini
(e) No pri
§ 6.1920 Penalty for violation of chapter.] SEC. 920. Any
society shall ii
person who shall incur any illegal election expenses or otherwise vio-
R.
FORD
cation, dismiss
late any of the provisions of this chapter shall, upon conviction
LIBRARY
religious disap
election or pri
515
Michigan Election Law
§ 6.1931
thereof, be punished by a fine of not more than $1,000.00 or by im-
prisonment for not more than 2 years, or by both such fine and
imprisonment in the discretion of the court.
(CL 48, § 168.920.)
History.
This section is derived from Pub
Acts 1925, No. 351, Part V, c 2, § 18
(former § 6.638).
CHAPTER XXXV
OFFENSES AND PENALTIES
§ 6.1931 Violations deemed misdemeanors.] SEC. 931. Any
person who violates any of the following statutory provisions shall,
on conviction, be deemed guilty of a misdemeanor:
(a) No person shall, either directly or indirectly, give, lend or
promise any money or valuable consideration to or for any person
as an inducement to influence the manner of voting by any person
relative to any candidate or proposition or as a reward for his re-
fraining from voting. The term "valuable consideration" as used in
this section shall be construed to include any money, gift, fee, loan,
office, position, appointment or employment.
(b) No person shall, either before, on or after any election for
himself or on behalf of any other person, receive, agree or contract for
any valuable consideration for:
(1) Voting or agreeing to vote, or inducing or attempting to
induce another to vote in a particular manner at any election or
primary election;
(2) Refraining or agreeing to refrain, or inducing or attempting
to induce another to refrain from voting at any election or primary
election;
(3) Doing anything prohibited by this act;
(4) Doing, agreeing to do, or having done any campaign work,
electioneering, soliciting of votes for any question or any candidate
on or before any election or primary election day.
(c) No person shall solicit from any candidate for nomination
for or election to any office, included in the provisions of this act, any
money or other property. The provisions of this section shall not
apply to requests for contributions of money by or to an authorized
representative of the political party committee of the organization
to which such candidate belongs, and shall not apply to any regular
business transaction between any such candidate and any other person
which is not intended for or connected with the securing of votes or
the influencing of voters in connection with such nomination or elec-
tion.
(d) No person shall, either directly or indirectly, discharge or
threaten to discharge any person who may be in his employ for the
purpose of influencing his vote for any election or primary election.
(e) No priest, pastor, curate or other officer of any religious
society shall impose or threaten to impose any penalty of excommuni-
cation, dismissal or expulsion, or command or advise, under pain of
religious disapproval, for the purpose of influencing any voter at any
R.
FORD
election or primary election.
GERALD
§ 6.1931
Title 6-Elections and Vacancies
516
517
(f) No person shall at any election or primary election falsely
gate mo
impersonate and vote or attempt to vote under the name of any other
vote, in
person or induce or attempt to induce any person to impersonate and
(o) I
vote or attempt to vote under the name of any other person.
or recei
(g) No person shall assume a false or fictitious name in order to
as such
vote or to offer to vote by that name, or enter or cause to be entered
(p) 1
upon the registration book in any voting precinct as his own, a false
on any
name, or induce or attempt to induce any other person to assume a
or with
false or fictitious name in order to vote, or offer to vote by that name,
polling
or enter or cause to be entered upon the registration book of any vot-
(q) P
ing precinct, a false name.
part or
(h) No person who is not a qualified and registered elector shall
selling 1
wilfully offer or attempt to vote at any primary election or election
or electi
sanctioned by the laws of this state; nor shall any person aid or coun-
or be th
sel any person not a duly qualified elector to vote or offer to vote
wagered
at the place where the vote is given during any election or primary
pointme
election.
(r) b
(i) No qualified and registered elector shall offer or attempt to
for whi
vote in any voting precinct in which he does not reside except as
shall, or
otherwise provided in this act; nor shall any person procure, aid or
(s) j
counsel any person to go or come into any township, ward or voting
seminat
precinct for the purpose of voting therein at any election or primary
directly
election knowing that such person is not duly qualified to vote in
or plac
such township, ward or voting precinct.
an asse
(j) No person shall offer or attempt to vote more than once at the
date fo
same election either in the same or in another voting precinct, nor
which
shall he give 2 or more votes folded together.
(k) No person shall hire any carriage or other conveyance or
name 0
cause the same to be done, for conveying voters, other than those
unwritt
physically unable to walk thereto, to any election or primary election.
(CL
(1) In cities having an election commission authorized to appoint
inspectors of election, failure on the part of any inspector, clerk or
History.
This
election or primary election official, accepting an appointment as such,
Acts 19:
to report at the polling place designated on election or primary elec-
3, 5, 6,
tion morning, at the time specified, unless excused, shall be considered
16, 18,
a misdemeanor and shall be punished by a fine of not to exceed $10.00,
amende
56, § 39
or imprisonment in the county jail for a period not exceeding 10 days,
603, 6.6
or both such fine and imprisonment in the discretion of the court:
6.613, 6
Provided, however, That should any inspector, clerk or election or
28.627).
primary election official notify the election or primary election com-
Cross-re
mission or other officers in charge of elections or primary elections of
Penal
his inability to serve at the time and place specified, at least 3 days
1934, in
prior to the holding of any election or primary election or shall be
excused from duty by the said election or primary election commis-
1-10. [
sion, board or officers in charge of elections or primary elections for
cause shown, then such inspector, clerk or election or primary election
11. Co
official shall not be liable for such fine or imprisonment.
Subse
(m) No person shall wilfully fail to perform any duty enjoined
with M
upon him by this act or disobey any lawful instruction or order of
or with
rather
the secretary of state as chief state election officer or of any county
Const
or city board of elections.
preserv
(n) No delegate or member of any convention shall solicit any
such SE
candidate for nomination before such convention for money, reward,
view S
position, place or preferment for his support in such convention, nor
FORD
with a
shall any candidate or other person promise or pay to any such dele-
BERALD
ing suc
LIBRARY
public
out pr
16
517
Michigan Election Law
§ 6.1931
ly
gate money, reward, position, place or preferment for his support or
er
vote, in such convention.
nd
(o) No person elected a delegate to any convention shall accept
or receive any money or valuable thing as a consideration for his vote
to
as such delegate.
(p) No person shall, while the polls are open, at any polling place
Ise
on any primary or election day, solicit votes in the said polling place
a
or within 100 feet from any entrance to the building in which said
ne,
polling place is located.
ot-
(q) No person shall keep any room or building for the purpose, in
part or the whole, of recording or registering bets or wagers, or of
iall
selling pools upon the result of any political nomination, appointment
ion
or election, nor shall any person wager any property, money or thing,
un-
or be the custodian of any money, property or thing of value, staked,
ote
wagered or pledged, upon the result of any political nomination, ap-
ary
pointment or election.
(r) Any person who violates any provision of this act, a penalty
to
for which violation is not herein otherwise particularly provided,
as
shall, on conviction, be deemed guilty of a misdemeanor.
or
(s) Any person or his agent who knowingly makes, publishes, dis-
ing
seminates, circulates or places before the public, or knowingly causes
ary
directly or indirectly to be made, published, disseminated, circulated
in
or placed before the public, in this state, either orally or in writing,
the
an assertion, representation or statement of fact concerning a candi-
nor
date for public office at a primary or general election in this state,
which is false, deceptive, scurrilous or malicious, without the true
or
name of the author subscribed thereto, if written, or announced if
lose
unwritten, shall be guilty of a misdemeanor.
on.
(CL '48, § 168.931.)
bint
or
History.
are for purpose of calling attention
This section is derived from Pub
to a candidacy or proposal. Op Atty
ich,
Acts 1925, No. 351, Part V, c 1, §§ 1-
Gen, March 20, 1959, No. 3395.
lec-
3, 5, 6, 7 as amended, 9, 12, 13, 15,
red
16, 18, 19; Part V, c 4, §§ 1, 2 as
12. Construction.
.00,
amended; Pub Acts 1931, No. 328, c
Subsection (p) hereof is penal in
56, § 395 (former §§ 6.599-6.601, 6.-
ays,
nature and must be strictly construed.
603, 6.604, 6.605, 6.607, 6.610, 6.611,
Robinson V. Secretary of State, 4 Mich
art:
6.613, 6.614, 6.616, 6.617, 6.671, 6.672,
App 404.
or
28.627).
Term "solicit" as used in subsec-
om-
tion (p) hereof, would be held not to
of
Cross-reference.
include vignette on official ballot
days
Penalty for misdemeanor, see § 6.-
showing name and picture of governor
1934, infra.
who was seeking reelection, where use
be
of party vignettes was specifically
mis-
1-10. [Reserved for use in future
authorized by § 6.1684. Robinson V.
for
supplementation.]
Secretary of State, 4 Mich App 404.
tion
The word "solicit" contained in
11. Constitutionality.
subsection (p) conveys the intended
Subsection (p) does not conflict
meaning of the offense with reason-
ned
with Mich Const 1908, art II, § 4,
able certainty and, as a criminal
of
or with the Federal Constitution, but
offense, it must be strictly construed.
inty
rather finds its mandate in Mich
Op Atty Gen, March 20, 1959, No.
Const 1908, art III, § 8, namely. to
3395.
preserve the purity of elections, and
any
such section includes within its pur-
13. Influencing votes.
ard,
view such acts as parking a vehicle
Offer by party to purchase proper-
nor
with a political sign in or on it, driv-
ty from property owners for sum sub-
dele-
ing such a vehicle with or without a
stantially greater than market value
public address system, and handing
in exchange for property owners' fa-
out printed matter when such acts
vorable vote in annexation election
GERALD
§ 6.1932
Title 6-Elections and Vacancies
518
constituted misdemeanor under para-
subscription list its copies of its issues
graph (a) of this section. St. Joseph
containing material favorable to a
Tp. V. City of St. Joseph, 373 Mich 1.
certain candidate. Op Atty Gen, 1911,
p 61.
14. Collections, expenditures and per-
missible activities.
ALR notes.
Under prior statute, a committee or
Criminal responsibility for aiding
club acting voluntarily in behalf of a
and abetting violation of election law,
candidate to be voted for at the pri-
5 ALR 786.
maries might engage a secretary or
Personal liability of public officer
stenographer and pay for services
for breach of duty in respect of elec-
and expenses of such person out of a
tion or primary election laws, 153
fund contributed by others than the
ALR 109.
candidate, and might send out litera-
Statement by candidate regarding
ture and visit different parts of the
salary or fees of office as violation
state in arranging for an organiza-
of Corrupt Practice Acts or bribery,
tion among the friends of the candi-
106 ALR 493.
date, SO long as no expenditure was
Treating of voters by candidate for
made in paying workers at the polls,
office as violation of Corrupt Prac-
among the voters at or before the elec-
tice Act, 2 ALR 402.
tion, without any violation of the
statute. Op Atty Gen, 1910, p 197.
Digest reference.
It was not a violation of former
See Callaghans Mich Dig, Elections,
law for a club to induce a newspaper
§ 113.
to mail to those not on its regular
§ 6.1932 Violations deemed felonies.] SEC. 932. Any person
who violates any of the following statutory provisions shall, on convic-
tion, be guilty of a felony:
(a) No person shall, by means of bribery, menace or other cor-
rupt means or device whatever, either directly or indirectly, attempt
to influence any elector in giving his vote, or to deter him from,
or interrupt him in giving the same at any election or primary elec-
tion held pursuant to law.
(b) No person not duly authorized by law shall, during the
progress of any election or primary election or after the closing of
the polls and before the
[final results of such election have been]
ascertained, break open or violate the seals or locks of any ballot
box
[or voting machine used or in use at such election; nor shall
any person wilfully damage or destroy any ballot box or voting
machine; nor shall any person obtain undue possession of such
ballot box
[or voting machine; nor shall any person conceal,
withhold or destroy the same, or fraudulently or forcibly add to or
diminish the number of ballots legally deposited [in the box or
[the totals on the voting machine; nor shall any person aid or
abet in the same.
(c) No inspector of election, clerk or other officer or person hav-
ing custody of any record, election list of voters, affidavit, return
or statement of votes, certificates, poll book, or of any paper, docu-
ment or vote of any description, in this act directed to be made, filed
or preserved, shall wilfully destroy, mutilate, deface, falsify or fraud-
ulently remove or secrete the whole or part thereof, or fraudulently
make any entry, erasure or alteration therein, or permit any other
person to do so.
(d) No person shall disclose to any other person the name of any
candidate voted for by any elector, the contents of whose ballots shall
have been seen by such person, nor shall any person in any manner
obstruct or attempt to obstruct any elector in the exercise of his
duties as such elector under this act.
(CL'48, § 168.932.)
BEHALD
LIBRARY
519
Michigan Election Law
§ 6.1933
History.
acting in concert with the others, had
As amended by Pub Acts 1957, No.
actual possession or control, as all
220, eff September 27.
would be considered as participants
This section, as originally enacted,
in such possession and control and
was derived from Pub Acts 1925,
chargeable therewith and subject to
No. 351, Part V, c 1, §§ 4, 10, 11, 14
prosecution the same as accessories.
(former §§ 6.602, 6.608, 6.609, 6.612).
People V. O'Hara, 278 Mich 281.
Cross-references.
13. Sufficiency of evidence.
Laws to be passed to preserve the
In prosecution of several defend-
purity of elections, see Const 1963, art
ants for alleged election fraud, wheth-
II, § 4; penalty, § 6.1935, infra.
er testimony was sufficient as to any
particular defendant should be deter-
1-10. [Reserved for use in future
mined in light of his interest or lack
supplementation.]
of interest, purpose or lack of pur-
pose, motive or lack of motive, and
11. Construction, operation and ef-
all other circumstances disclosed by
fect.
proof, and just and logical inferences
Rule of ejusdem generis was not ap-
may be drawn from facts proven. Peo-
plicable to "other officer or person"
ple V. O'Hara, 278 Mich 281.
used in former statute because it
In prosecution for alleged election
could not be so applied without un-
fraud, there was sufficient testimony
duly limiting scope of statute and
to present issue for jury's determina-
causing it to fall short of plain legis-
tion as to guilt or innocence of county
lative intent. People V. O'Hara, 278
clerk, who was chairman of Demo-
Mich 281.
cratic state central committee, whose
In prosecution of defendants for al-
deputies were actively involved in re-
leged election fraud, where defend-
count investigation out of which pros-
ants intended and claimed to act
ecution arose, and who had large in-
under authority of committee created
terest in particular election. People
by legislature, their contention that
V. O'Hara, 278 Mich 281.
there was no joint convention of
Person charged with conspiracy to
legislature because of lack of quorum,
violate various provisions of election
and hence acts of defendants were
laws, was, in view of evidence relat-
not such as would be within former
ing to fraudulent registration by de-
statute, was not tenable. People V.
fendant of ineligible voters, and in
O'Hara, 278 Mich 281.
view of discretion of examining mag-
"Who permits" as used in former
istrate, properly bound over for trial.
statute meant those who enabled or
People V. Marklein, 358 Mich 471.
those who assisted in the unlawful
undertaking. People V. O'Hara, 278
ALR notes.
Mich 281.
Acts of others upon which charges
Former statute pertained to re-
of bribery or improper influencing
counts and legislative investigations.
of voters are predicated as chargeable
People V. O'Hara, 278 Mich 281.
to candidate, for purpose of disquali-
fying him for the office to which he
12. Conspiracy.
is elected, 121 ALR 601.
Conspiracy to violate provisions of
Statement by candidate regarding
former statute constituted indictable
salary or fees of office as violation of
offense punishable at common law.
Corrupt Practice Acts or bribery,
People V. O'Hara, 278 Mich 281.
106 ALR 493.
In prosecution for alleged election
Treating of voters by candidate for
fraud, it was not necessary to prove,
office as violation of Corrupt Practice
under former statute, that each of ac-
Act, 2 ALR 402.
cused had actual manual possession
or control of ballots, if there was evi-
Digest reference.
dence sufficient to show that among
See Callaghan's Mich Dig, Elections,
those charged there were some who
§ 113.
§ 6.1933 False swearing for purpose of registering or voting.]
SEC. 933. Any person who makes a false affidavit or swears falsely
while under oath for the purpose of securing registration or for the
purpose of voting at any election or primary election shall be deemed
R
guilty of perjury.
(CL '48, § 168.933.)
GERALD
§ 6.1934
Title 6-Elections and Vacancies
520
521
History.
Cross-reference.
election in this stat
This section is derived. from Pub
Penalty, see § 6.1936, infra.
Acts 1925, No. 351, Part V, c 1, § 17
act, the election of
(former § 6.615).
void; and if he sha
information in the
6.1934 Misdemeanor, penalty.] SEC. 934. Any person who
office may be file
shall be found guilty of a misdemeanor under the provisions of this
(CL '48, § 168.9
act shall, unless herein otherwise provided, be punished by a fine of
History.
not exceeding $500.00, or by imprisonment in the county jail for a
This section is i
term not exceeding 90 days, or both such fine and imprisonment in the
Acts 1925, No. 351,
discretion of the court.
(former $ 6.676).
(CL '48, § 168.934.)
Cross-reference.
History.
Quo warranto
This section is derived from Pub
27A.4501, infra a
Acts 1925, No. 351, Part V, c 4, § 7
(former § 6.677).
1-10. [Reserved ,
suppleme
§ 6.1935 Felony, penalty.] SEC. 935. Any person found guilty
of a felony under the provisions of this act shall, unless herein
otherwise provided, be punished by a fine not exceeding $1,000.00,
or by imprisonment in the state prison for a term not exceeding 5
§ 6.1939 ]
years, or by both such fine and imprisonment in the discretion of
SEC. 939. It sh
the court.
or having reaso
(CL '48, § 168.935.)
visions of this
the prosecuting
History.
This section is derived from Pub
shall adopt eff
Acts 1925, No. 351, Part V, c 4, § 5
lieved to be gui
(former § 6.675).
(CL '48, § 1
§ 6.1936 Perjury, penalty.] SEC. 936. Any person found
History.
This section
guilty of perjury under the provisions of this act shall, unless herein
Acts 1925, No.
otherwise provided, be punished by a fine not exceeding $1,000.00,
(former § 6.678)
or by imprisonment in the state prison for a term not exceeding 5
years, or by both such fine and imprisonment in the discretion of the
§ 6.1940
court.
duty of every
(CL '48, § 168.936.)
information
same to be pr
History.
This section is derived from Pub
(CL '48, §
Acts 1925, No. 351, Part V, c 4, § 4
(former § 6.674).
History.
This sectio
Acts 1925, N
§ 6.1937 Forgery, penalty.] SEC. 937. Any person found
(former § 6.67
guilty of forgery under the provisions of this act shall, unless herein
otherwise provided, be punished by a fine not exceeding $1,000.00,
§ 6.194
or by imprisonment in the state prison for a term not exceeding 5
the duty of
years, or by both such fine and imprisonment in the discretion of the
ing knowle
court.
to forthwi-
(CL '48, § 168.937.)
such offen
(CL '48,
History.
This section is derived from Pub
History.
Acts 1925, No. 351, Part V, c 4, §3
R.
This sect
(former § 6.673).
Acts 1925,
(former § 6
§ 6.1938 Candidate convicted of felony; election void, quo
warranto.] SEC. 938. If any candidate for any public office at any
LIBRARY
§ 6.19
liable to
Poelut
19
Cumulative Supplement
$6.1908
ment incurred prior to January 1,
crued, or acquired, or liability, pen-
1972, but the same may be enjoyed,
alty, forfeiture or punishment in-
asserted, enforced, prosecuted, or in-
curred before the effective date of
flicted as if Act No. 79 of the Public
Act No. 79 of the Public Acts of 1971
Acts of 1971, being sections 722.51 to
may be continued or instituted under
722.55 of the Compiled Laws of 1948
and in accordance with the law in
[$$ 25.244(51)-25.244(55) had not
force at the time of the commission
been passed. Proceedings pending at
of the act, offense committed, right
the effective date of Act No. 79 of
accruing, accrued or acquired. or li-
the Public Acts of 1971, and proceed-
ability, penalty, forfeiture or punish-
ings instituted thereafter for any act,
ment incurred."
offense committed, right accruing, ac-
§ 6.1770 Voting machines; contracts.] SEC. 770. At all elec-
tions hereafter held in this state, ballots or votes may be cast, reg-
istered, recorded and counted by means of voting machines, as
P ovided in this chapter. s
The governing body of any governmental unit in this state may
contract with the governing body of any other governmental unit in
this state with regard to the use of voting machines owned by either
of the contracting units.
History.
As amended by Pub Acts 1972, No.
214, imd eff July 7.
§ 6.1792(2) Presidential primary elections; restriction on ap-
plicability.] SEC. 792b. The provisions of section 792a of this act
shall not apply in presidential primary elections.
(CL '48, § 168.792b.)
History.
Added by Pub Acts 1972, No. 108,
imd eff April 7.
6.1901 Definitions.]
Legal periodicals.
Campaign contributions by attor-
neys, 51 Mich SBJ 483.
§ 6.1906 Account; filing, contents; etc.]
Analysis of New Notes.
Textbook references.
See Callaghan's Mich Civ Jur, Elec-
Textbook references.
tions, § 120.
FORD OF GERALD LIBRARY
It is imperative that consideration of Jerry Ford's qualifications
for the Vice Presidency include an investigation of his relation with
Fred Black ten or more years ago when Black was Washington lobbyist
for Rockwell International Corporation, then named North American
Aviation, Inc.
Fred Black was indicted, convicted and jailed for income
tax evasion. The FBI engaged in electronic evesdropping on his suite
at the Sheraton Carlton in Washington via the so-called "spike-mike"
technique. Thousands of hours of conversation were recorded on
tapes. The tapes established that Fred Black, an unsavory character,
whose suite was frequented by prostitutes and gamblers was a first-
name friend of Jerry Ford, whose many conversations with Black
involved more than legislative discussions. The tapes will show
the extent to which Jerry Ford discussed financial and other matters
with Black.
The FBI made logs of the tapes, which presumably contained
acurate summaries of the contents of the Fred Black tapes, including
the portion relating to Jerry Ford.
GERALD R. FORD
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Presidential Libraries Transfer/Disposal Sheet
ITEM ID 00192
DESCRIPTION OF ITEM MOVED
Four 8x10 black and white photographs
of Gerald Ford at the Vice Presidential
confirmation hearings.
COLLECTION/SERIES/FOLDER ID 023800008
COLLECTION TITLE
Benton L. Becker Papers
BOX NUMBER
1
FOLDER TITLE
Ford, Gerald R. - Vice Presidential
Confirmation - General (1)-(3)
ACCESSION NUMBER
91-NLF-024
MOVEMENT DATE
05/15/1991
TYPE OF MATERIAL
Photographs
NEW LOCATION
Audiovisual Collection
ARCHIVIST'S
Kellee Green