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President - Campaign Executive Branch Officials Participation (1)
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President - Campaign Executive Branch Officials Participation (1)
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Philip W. Buchen Files
Philip Buchen's General Subject Files
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Hatch Act, 1939
Cabinet
Presidential campaign, 1976
Executive departments
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The original documents are located in Box 44, folder "President - Campaign Executive
Branch Officials Participation (1)" of the Philip Buchen Files 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. Gerald R. Ford 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States of America his copyrights in all of his unpublished writings in National Archives collections.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 44 of the Philip Buchen 23 Files at the Gerald R. Ford Presidential Library
2. Prohibition Campaign Solicitations by Appointees
Confirmed by the Senate and by Executive Office Personnel
(Sec. 202).
The Proposal. Under Section 202 of S. 495, Section 7323
of title 5 of the United States Code would be amended, primarily
by the addition of a new paragraph (b) under which any employee
in an executive agency who is appointed by the President, by
and with the advice and consent of the Senate, or is paid from
the appropriation for the Executive Office of the President,
would be prohibited from requesting or receiving from anyone
a thing of value for political purposes at any time while so
employed and for one year immediately after each time he is no
longer so employed. An employee violating 5 U.S.C. 9323 would
be removed from the service. Also, under Section 202 of S. 495,
Section 602 of title 18 of the United States Code would be
amended so that its criminal penalties would be applicable to
violations of the new paragraph (b) of 5 U.S.C. 7323.
Discussion. This seems to us in many respoects a wise
provision. When heads of departments approach individuals for
contributions, the individuals never know whether rejection of
the request will adversely affect them or their businesses or
other interests. We see no reason, however, for preventing
such persons from soliciting contributions for one year after
leaving office. We think this part of the provision would have
the undesirable and probably unconstitutional effect of preventi
Presidential appointees from running for elective office for
LIBRARY
24
one year after leaving office. This would be particularly
unfortunate, for example, in the case of those Executive
branch officers who distinguished themselves precisely by ex-
posing or prosecuting acts of political corruption.
3. Application of the Hatch Act to the Department of
Justice (Sec. 203)
The Proposal. Under Section 203 of S. 495, Section 7324
of title 5 of the United States Code would be amended to remove
an existing exception and thereby to make the restrictions
of the Hatch Act upon political activity apply to the Attorney
General, Deputy Attorney General, and Assistant Attorneys
General.
Discussion. We have no quarrel with the thrust of and
evident purpose underlying this proposed legislation. However,
in our view more attention needs to be given to potential
problems connected with the scope of the proposal. For example,
if the restriction in the Hatch Act against active involvement
in political campaigning is to be extended to apply to officials
at the highest level of this Department, the Congress should
at the same time, in some general way, exempt activities that
may be deemed, in a broad sense, to be included in the concept
of political campaigning but that should not be prevented, as,
for example, defending in a public forum Departmental policies
that have become major issues in a campaign.
THE WHITE HOUSE
WASHINGTON
OUTLINE FOR BRIEFING OF CABINET
AND OF WHITE HOUSE STAFF
ON ELECTION CAMPAIGN LAWS
I. INTRODUCTION
A. Purpose: To summarize the constraints we and our
colleagues are under as Federal officials or
employees in relation to the 1976 Presidential
campaign.
B. Not Covered: The impact of the Federal Election
Campaign Act as amended in 1974 on persons whether
or not they are Federal officials. This Act
restricts candidates, political committees, and
campaign contributors. The provisions in this
regard are complex and to some extent so unclear
as to be troublesome. Rather than my attempting
to go into these problems, I recommend that you
rely on advise C from the RNC or the PFC whenever
questions arise about legal sources and limits
for campaign contributions or for expenditures
to support the campaign.
COΓP
- 2 -
II. GENERAL PROHIBITIONS
A. Campaign contributions
1. Two taboos: Other Federal employees;
any Federal office or building.
2. Even unsolicited contributions which violate
the taboos should be returned.
3. Do not act as a solicitor, a recipient, or
even a conduit.
Expenditures
B. Governmental inducements or detrimental treatment
Appointments,
for campaign or election purposes.
employment, or other
benefits
C. Turning a government operation into a campaign
operation. (Use of gov't personnel or facilities
for other than official purposes)
III. HATCH ACT
A. Coverage
1. Everyone on a Federal payroll is "Hatched"
unless he or she is a Presidential appointee
subject to Senate confirmation or is paid
solely from WH or VP appropriations.
2. The rest of the vast Federal bureaucracy is
by law made neutral or apolitical for election FORD
campaign purposes.
GERALD
LIBRARY
B. Proper behavior for the "Hatched" employee
1. He may express his opinions about a candidate
and wear a candidate button, but he may not
- 3 -
use his authority or position to influence
the outcome of an election.
2. He can attend political functions but he
cannot be active in the workings of
political organizations or raise money for
them.
3. He may act as an individual voter but not
as a campaigner for votes or money in support
of a particular candidate or party.
C. The Pervasive Nature of Hatch-Imposed Restrictions
1. To employees of competitive f excepted service
including Schedu le C and NEA employees.
2. To part-time and full-time employees
3. During business hours or private time,
including leave.
IV. SPECIFIC PROBLEMS
A. Return directly to the sender any contribution
sent to you, designating only where a check may
be delivered in order to reach the intended
political committee.
B. "An employee shall not use Federal property of
any kind for other than officially approved
FORD is LIBRARY 038870
activities" --- including supplies and equipment.
- 4 -
C. An exempt employee must not look to a Hatched
employee to help in his political activities,
except possibly for routine, non-discretionary
support which is minimal and does not detract
from the subordinate's performance of official
duties. (Writing speech vs. typing speech)
D. How much time can you fairly devote to campaigning?
Who's running the Department while you're out compoigning? ?
E. Drawing the line between official and political
travel Publicized political@vent-rally, fund-raiser, convention.
F. However legal may be a particular activity on your
part, it should not be undertaken if it could create
even the appearance of being improper.
road
GERALD
LIBRARY
53
1
Senator Tunney. I understand. I will do my best
2
to convince you.
3
I have several additional questions which I would like
4
to submit to you to be answered in writing, relating to
5
governmental fragmentation with regard to materials needs,
6
with regard to materials policy, the importance of developing
7
a national materials policy, developing better information
8
systems, and the need for an increased role of the National
9
Bureau of Standards with respect to these matters, but they
10
are technical and I think they can be answered in writing
11
and we can just move ahead with the hearing.
12
So I will submit them to you in writing, and if
13
you would respond.
14
Mr. Richardson. I would be very glad to, Senator Tunney
15
Senator Tunney. Thank you very much, Mr. Richardson.
16
As I indicated befdore, it is a great pleasure having you
17
here. I have been one who has respected your service to
18
our government in many different capacities, and I happen
19
to be one who believes that it is not necessarily because
20
of a deficiency on the part of the Republican Party that
21
you have held so many positions, but because of your own
22
talents.
DR.
FORD
23
Mr. Richardson. That is very kind of you. Thank you.
24
Senator Ford. Mr. Richardson, I want to do something
"Reporters, Inc.
25
that I am sure the press is sitting here waiting with baited
54
]
breath for the question, because it hasn't been asked you
2
yet.
3
Since you were practically endorsed for a position in
4
1976 by one of my colleagues, I am going to ask the expected
5
question.
6
What role do you expect to play in the forthcoming
7
Presidential campaign, and would you be involved in any way
8
in fund raising efforts?
9
Mr. Richardson. I would expect, with due appreciation
10
to the allusion to some other possible role by Senator
11
Stevens, I came back to be Secretary of Commerce, and I have
12
no other expectation.
13
As to the role I might play in the forthcoming political
14
campaign as secretary of Commerce, I would expect to appear
15
at political gatherings and to express in general my support
16
for the President's views.
17
I don't think that there is any reason why the
18
Secretary of Commerce should be inhibited from playing an
19
ordinary partisan role.
20
Indeed national elections in the United States are
21
one of the major opportunities whereby an Administration
22
can render an accounting for its policies and submit them to
23
the judgment of the electorate.
GERALD
24
It seems to me people who had a part in them and share
Reporters, Inc.
25
responsibility for them ought to be willing to stand up and
55
I
claim it and justify them. So all that I would expect to
2
do.
3
The second part of the question on fund raising, I
in
would expect that I would be asked from time to time to speak
5
at fund raising events where people buy tickets and so on,
6
and I would expect to do that from time to time without
7
interfering with my responsibiities as the Department head.
8
I would not, however, engage in any solicitation of
9
campaign funds from individuals or corporations.
10
Senator Ford. I am glad I asked the question, because
11
I believe you were expecting it
12
(Laughter)
13
Senator Ford. I have no further questions.
14
Mr. Richardson. I appreciate your not disappointing
15
me, Senator Ford.
16
Senator Ford. That is right, I didn't want to disappoint
17
you.
13
Senator Hart left some questions he wanted to ask you
19
verbally. We will let counsel ask them.
20
Mr. Merlis. Ambassador, the question arises from the
21
issue of the subpoena which has been issued in the House
22
Interstate and Foreign Commerce Committee, the Oversight
23
Subcommittee.
24
FORD & LIBRA 07VH3
Mr. Richardson. Excuse me. Do I understand these are
Reporters, Inc.
25
Senator Hart's questions?
MEMORANDUM FOR:
THE CABINET
The information set out below will be of assistance to your-
selves and members of your staffs who will be participating in the
President's election efforts.
Hatch Act
Employees paid from appropriations to the White House Office,
the Office of the Vice President and Executive branch officials con-
firmed by the Senate are exempt from the provisions of the Hatch
Act (5 U.S.C. 8 7321, et seq.) which prohibit participation
by
Federal employees in political management or political campaign
activities. NEA and Schedule C employees in the departments and
agencies who do not fall into one of these categories are subject to
the Act and, accordingly, you must be alert to avoid their support
of you in a political role, e.g., advancing a political event, writing
political speeches, as well as their direct participation in political
events.
Presence of Government Employees
on Political Trips
To the extent you are authorized to use security personnel on
travels outside the District of Columbia, they may accompany you
to political events and their expenses can properly be paid with
-2-
appropriated funds. On the other hand, agency advance personnel
should not be used for political events. PFC personnel setting up
the event will be available for this purpose. "Hatched" assistants
traveling with you are barred from participating in a political event.
To limit questions on the appearance of their activities, it is
advisable that they do not attend the political event with you.
Fundraising
It is a Federal crime for any Federal officier, employee or
consultant to directly or indirectly solicit or receive a political
contribution from any other officer, employee or consultant (18
U.S. C. g 602). It is also a Federal crime to solicit or receive
political contributions within any room or building occupied in the
discharge of official duties by any Federal employee (18 U.S. C.
S 603). For your information, political contributions sent to the
White House are returned to the donor, along with an explanation
that it is illegal to receive such contributions in government office
buildings.
The Department of Justice testified last week in support of
legislation to make it illegal for any Executive branch employee
confirmed by the Senate or any employee of the Executive Office of
FORD
the President to request or receive anything of value for political
LEVERIT
-3-
purposes. Even though this provision is not law at the present time,
it does represent a policy that should be followed. While it is
proper for you to campaign and appear at fundraising events on
behalf of the President, you should avoid requesting or receiving
political contributions. Should someone at a fundraising or other
event offer to give you a contribution, it is best to refer him to
any President Ford Committee officials who are present or to the
Finance Committee in Washington, rather than discussing the con-
tribution with them. In relation to your participation at fundraisers,
the President Ford Committee will take steps to prevent attempts
to exploit ticket sales for fundraising events to those organizations
which fall under the jurisdiction of your Department.
Travel Expenses
Under the new Federal election laws, it is increasingly impor-
tant that you be aware of the distinction between an official speech
and one which would be considered a "campaign" speech. Extem-
poraneous remarks calling for the President's election can alter
the nature of an official appearance, and suggest that it be treated
as a political appearance for which at least some portion of your
expenses must be paid by the PFC. As a general rule, speeches
before non-partisan organizations such as the Chamber of Commerce
-4-
are official in nature. At such appearances, it is appropriate to
discuss the work of your Department and to explain the Adminis-
matters
tration's accomplishments A present programs on subjects which are
of interest to the audience
may be quite topical. However, should you relate these programs
begin to
to the President's election or initiate comparisons with the programs
of other Presidential candidates, this would probably result in a
political speech. The Federal Election Commission is about to
transmit to Congress proposed regulations that would consider all
relation
or some portion of your expenses in regard to that appearance as
subject to the expenditure limitations that are applicable to the
Because of these limitations,
President's campaign. For this reason, it isAvital that there be
particularly in portant
you close coordin Mon in advance with the PFC all campaign related
intend
and that you avoid remarks
speeches you wish to make, as well as to insure that your speeches
which
do-not inadvertently result in unanticipated expenditures for the PFC.
Should any questions arise on matters of either legality or
propriety concerning official activities, please do not hesitate to
call the Office of the Counsel to the President. Advice on the
conduct of the campaign itself should be sought from counsel to
the President Ford Committee.
&
FORD
GERALD
I. Hatch Act
(a) Employees of the White House Office, the Vice President's
Office, members of the Cabinet and other Executive branch
officials confirmed by the Senate are exempt from the
Hatch Act's restrictions on participation in political
management activities.
(b) However, Schedule C employees and others are subject to
the Act and you must be alert to avoid their support of you
in a political role, e.g., advancing a political event,
writing political speeches, etc., as well as their partici-
pation in political events.
(c) My previous memorandum on restrictions on political
activity by government employees is available to those
who wish copies.
II. Participation in 100 Committee Program
(a) Proper for officials not subject to the Hatch Act.
(b) Federal law prohibits (1) the solicitation or receipt of
political contributions on Federal property and (2) the
solicitation or receipt of political contributions by a
Federal official or employee from any other official
of employee.
-2-
(c) Richardson testimony, which was favorably received by
the Committee, that he:
(1) will campaign and appear at fundraising events
(2) will not solicit or receive contributions from
individuals or corporations
(d) Justice testified last week in favor of legislation to make
it illegal for an Executive branch employee confirmed by
the Senate, or an employee of the Executive Office of the
President, to request or receive anything of value for
political purposes. While not law at this time, this does
represent a policy that we all should follow.
(e) The PFC is taking steps to prevent attempts to exploit
ticket sales for fundraising events to those organizations
which fall under the jurisdiction of the Cabinet member
speaking at the event, e.g., will not coerce or pressure
dairy industry to attend fundraiser where Earl Butz is to
speak. If anyone comes up to you at a fundraiser to make
a contribution, refer them to the PFC fundraising personnel
who are present rather than discussing it with them.
FORD
-3-
III. Allocation of Expenses
(a) Present practice is to pay only the incremental increase
in costs due to the political role on a mixed purpose trip.
This is subject to much criticism from the public and
media, and FEC regulations are expected to change this
practice.
(b) Suggested we switch over to allocate the costs for a mixed
appearance between the government and the PFC, based on
the percentage of time spent on official versus political
activities. Thus, if you spend two hours in official meetings
and two hours in campaign meetings, transportation costs,
e.g., airfare, accommodations, etc., would be divided
equally between the government and PFC. This approach
requires that there be a substantial and bona fide official
event before appropriated funds are used.
(c) Under the new law, it is important that you realize that
extemporaneous remarks in support of the President's
election can alter the nature of the appearance and suggest
that it be considered a political appearance which should
be paid by the PFC. With expenditure limitations, it is
is
FORD
vital that there be close advance coordination with the
PFC before you plan political appearances.
-4-
IV. Presence of Government Employees on Political Trips
(a) To the extent security personnel are involved, their ex-
penses can properly be paid from appropriated funds,
regardless of the fact they attend the political event.
(b) Agency advancemen should not be used for political events.
PFC personnel setting up the event will be available for
this purpose.
(c) "Hatched" assistants traveling with you are barred from
participating in a political event. To limit any appearance
problems, it would be preferable that they do not over attend
the political event.
(d) Be alert to the problem of use of governmental aircraft
to attend only a political event. This presents problems
of appearance that are not present on the mixed-purpose
trip in justifying the use of governmental resources.
FORDO is LIBRARY
THE WHITE HOUSE
WASHINGTON
March 11, 1975
MEMORANDUM FOR:
JIM CANNON
FROM:
KEN LAZARUS
SUBJECT:
Hatch Act
You are correct in your understanding that you are personally
exempt from the provisions of the Hatch Act (5 U.S.C. 7321,
et seq.) insofar as it relates to active participation in political
management and political campaigns. The Act specifically
exempts from its ban on partisan political activity by Executive
Branch personnel any "employee paid from the appropriation for
the office of the President. 11 Thus, the sole test in determining
the applicability of the Act is which appropriation is used to pay
the employee's salary. While the Civil Service Commission
has interpreted this provision to exempt persons paid from
appropriations to the White House Office and Special Assistance
to the President (Office of the Vice President), it has determined
that employees paid from other appropriations for the Executive
Office of the President, including those of the Domestic Council,
OTP, OMB and NSC, are subject to the Act. Likewise, all
detailed employees are fully subject to the Act.
/
While you are paid from funds appropriated to the White House
Office, I understand that the remainder of the Domestic Council
staff is paid from its own appropriation and is, therefore, subject
to the Act. In addition, all Executive Branch employees, regard-
less of how they are paid, are expressly prohibited from using
their "official authority or influence for the purpose of interfering
with or affecting the result of an election
"
The attached materials from the Commission should be of some
assistance in determining what conduct is permissible by employees
subject to the Act.
Attachment
GREATE 7023
bcc: Phil Buchen)
FORD is LIBRARY
March 6, 1975
TO:
Phil Buchen
FROM:
SUBJECT:
Jim Hatch Cannon Act Jim
I understand that all members of the
Domestic Council staff, with the exception of
myself, come under the Hatch Act.
Can you give me your opinion of this?
If the staff members do come under the Hatch Act,
could you have someone on your staff give me a
memorandum telling what they can and cannot do
in a political way.
Many thanks.
FORD of LIBRARY
Chapter IV: Miscellaneous Provisions
[IV. H: Use of certain funds for election activities]
employee of the Office of Economic Opportunity
who, in his official capacity as such an officer
or employee, engages in any such activity.
I.
Extension of credit by regulated industries
(2 U.S.C. §451)
The Civil Aeronautics Board, the Federal Com-
munications Commission, and the Interstate Com-
merce Commission have each promulgated regulations
with respect to the extension of credit, without
security, by any person regulated by these agen-
cies to any candidate for Federal office or to any
person on behalf of such a candidate, for goods
furnished or services rendered in connection with
the campaign of such candidate for nomination for
election, or election, to such office. These
regulations may be found in 14 CFR (Code of Federal
Regulations) Part 374a (Civil Aeronautics Board),
47 CFR Part 64, Subpart H (Federal Communications
Commission) and 49 CFR Part 1325 (Interstate
Commerce Commission).
.T.
Political activity of Federal employees (5 U.S.C.
$57321-7327)
1.
Coercion of political contribution or
participation
The President has the power to prescribe
rules which shall provide that an employee in
an Executive agency or in the competitive
civil service
a. is not obliged, by reason of that em-
ployment, to contribute to a political
fund or to render political service, and
that he may not be removed or otherwise
prejudiced for refusal to do so; and
b.
may not use his official authority or
influence to coerce the political action
of a person or body.
FORD . LIBRARY 07/11/20
-136-
C
1975 Republican National Committee. All Rights Reserved.
Chapter IV: Miscellaneous Provisions
[IV.J.2: Political activity of Federal employees (gift for
political purpose) ]
2.
Gift for political purpose
a.
Restriction
An employee in an Executive agency
(except one appointed by the President,
by and with the advice and consent of
the Senate) may not request or receive
from, or give to, an employee, a Member
of Congress, or an officer of a uni-
formed service a thing of value for
political purposes.
b.
Penalty
An employee who violates this re-
striction shall be removed from the
civil service.
3.
Influencing elections; participation in
political management or campaigns
a.
Restrictions
An employee in an Executive agency
or an individual employed by the govern-
ment of the District of Columbia (other
than an individual employed by an educa-
tional or research institution, establish-
ment, agency, or system which is supported
in whole or in part by the District of
Columbia or by a recognized religious,
philanthropic, or cultural organization
and other than an employee whom the
Civil Service Commission has by regula-
tion permitted to take an active part in
political management and political
campaigns involving the locality in
which he lives) may not
(1) use his official authority or in-
fluence for the purpose of inter-
fering with or affecting the result
of an election; or
STATE FORD LIBRARY
-137-
C
1975 Republican National Committee. All Rights Reserved.
Chapter IV: Miscellaneous Provisions
[IV.J.3.a: Political activity of Federal employees (participation
in political management or campaigns)]
(2) take an active part in political
management or in political cam-
paigns.
(a) EXCEPTION:
The following individuals
may take an active part in
political management or in
political campaigns:
an employee paid from the
appropriation for the office
of President;
the head or the assistant
head of an Executive depart-
ment or military department;
an employee appointed by
the President, by and with the
advice and consent of the
Senate, who determines poli-
cies to be pursued by the
United States in its relations
with foreign powers or in the
nationwide administration of
Federal laws;
the Commissioner of the
District of Columbia;
the Recorder of Deeds of
the District of Columbia; and
an employee of The Alaska
Railroad who resides in a
municipality on the line of
the railroad with respect to
political activities involving
that municipality.
(b) EXCEPTION (non-partisan
activity):
Section IV.J.3.a. (2) does
not prohibit political activ-
TORO LIBRARY 07V238
ity in connection with
an election and the pre-
ceding campaign if none of the
candidates is to be nominated
-138-
Chapter IV: Miscellaneous Provisions
[IV.J.3.a: Political activity of Federal employees (restrictio
on participation in political management or campaigns--excepti
or elected at that election as
representing a party any of
whose candidates for Presi-
dential elector received votes
in the last preceding election
at which Presidential electors
were selected; or
a question which is not
specifically identified with a
National or State political
party or political party of a-
territory or possession of the
United States (including
questions relating to con-
stitutional amendments, refer-
endums, approval of municipal
ordinances and other questions
of a similar character).
b.
Right to vote
Nothing in this section IV.J.3
restricts the right of an individual to
vote as he chooses and to express his
opinion on political subjects and can-
didates.
C. Penalty
An employee or individual who vio-
lates this section IV.J.3 may be removed
from his position.
4. Regulations
Regulations relating to restrictions on
political activity by Federal employees may
be found in 5 CFR (Code of Federal Regulations)
Part 733.
K.
Political activity of certain State and local
officers and employees (5 U.S.C. $$1501-1503)
The 1974 Amendments eliminate the Federal
prohibition barring a State or local officer or
SERVICE FORD TERRARY
-139-
C
1975 Republican National Committee. All Rights Reserved.
Hatch
act
THE WHITE HOUSE
WASHINGTON
3/11
EVA:
The attachments were two U. S.
Civil Service pamphlets --
"Federal Employees -- Political
Participation" (GC-46)
"Code of Federal Regulations"
(GC-41)
I only had one copy each.
Dawn
TORDS LIBRARY 07V838
390
THE WHITE HOUSE
WASHINGTON
May 7, 1975
MEMORANDUM FOR:
DUDLEY CHAPMAN
FROM:
PHILIP BUCHEN T.W.B.
SUBJECT:
Participation by Presidential
Appointees in Political
Activities
Frank Zarb, Administrator, FEA, has suggested that our
office prepare a memo covering the above subject so
that persons concerned may know what restrictions, if
any, they should abide by in undertaking political
activities.
Attached are pages from the Republican National
Committee S recent publication of the Federal Election
Law Manual but I think we have to go beyond identi-
fying the employees who are not subject to the
restrictions against taking part in political campaigns.
We should also go into the question of whether such
activities may be conducted through use of Federal
facilities or in connection with an employee's official
duty or on time when he might ordinarily be expected
to perform official duties. Another possible issue
is whether certain appointees should avoid political
activities because of the nature of their positions
such as the Secretary of State and the Secretary of
Defense.
After you have some ideas of how to prepare a memo
on the subject, please discuss them with me.
Attached also is a copy of a memo dated March 11
prepared by Ken Lazarus for Jim Cannon.
Attachments
. FORD LIBRARY
THE WHITE HOUSE
WASHINGTON
?
June 12, 1975
pls
MEMORANDUM FOR:
ROBERT HARTMANN
JOHN MARSH
/
DONALD RUMSFELD
FROM:
PHIL BUCHEN T.W.B.
For some time I have felt it desirable to put out a
comprehensive memorandum to the Presidential
appointees in the Executive Branch who are likely to
become involved in political activities in behalf of the
President which would guide them in their own conduct
and in controlling the conduct of their subordinates.
Attached is a draft proposal on which I would like your
comments.
Another issue which ought to be considered is whether
there are certain appointees who, as a matter of policy,
should abstain from active political involvement even
though the law would allow it. The Attorney General,
other Justice Department officials, the Secretaries of
State and Defense are examples, but consideration should
also be given to officials of ERDA and FEA and members
of the CEA.
Attachment
as to this, I dont
no objections or changes.
think we need bind
x Jack
ourselves, at this stage
the game, any more ok
6/15
tightly than The law
RTA
DEDALO F. FORD LIBEARY
binds usx RTKJ
June 12, 1975
MEMORANDUM FOR:
ROBERT HARTMANN
JOHN MARSH
DONALD RUMSFELD
FROM:
PHIL BUCHEN
For some time I have felt it desirable to put out a
comprehensive memorandum to the Presidential
appointees in the Executive Branch who are likely to
become involved in political activities in behalf of the
President which would guide them in their own conduct
and in controlling the conduct of their subordinates.
Attached is a draft proposal on which I would like your
comments.
Another issue which ought to be considered is whether
there are certain appointees who, as a matter of policy,
should abstain from active political involvement even
though the law would allow it. The Attorney General,
other Justice Department officials, the Secretaries of
State and Defense are examples, but consideration should
also be given to officials of ERDA and FEA and members
of the CEA,
Attachment
PWBuchen:ed
1. FORD 1
June 12, 1975
MEMORANDUM FOR:
ROBERT HARTMANN
JOHN MARSH
DONALD RUMSFELD
FROM:
PHIL BUCHEN
For some time I have felt it desirable to put out a
comprehensive memorandum to the Presidential
appointees in the Executive Branch who are likely to
become involved in political activities in behalf of the
President which would guide them in their own conduct
and in controlling the conduct of their subordinates.
Attached is a draft proposal on which I would like your
comments.
Another issue which ought to be considered is whether
there are certain appointees who, as a matter of policy,
should abstain from active political involvement even
though the law would allow it. The Attorney General,
other Justice Department officials, the Secretaries of
State and Defense are examples, but consideration should
also be given to officials of ERDA and FEA and members
of the CEA.
Attachment
PWBuchen:ed
BERALE n. FORD LIBRARY
June 12, 1975
MEMORANDUM FOR:
ROBERT HARTMANN
JOHN MARSH
DONALD RUMSFELD
FROM:
PHIL BUCHEN
For some time I have felt it desirable to put out a
comprehensive memorandum to the Presidential
appointees in the Executive Branch who are likely to
become involved in political activities in behalf of the
President which would guide them in their own conduct
and in controlling the conduct of their subordinates.
Attached is a draft proposal on which I would like your
comments.
Another issue which ought to be considered is whether
there are certain appointees who, as a matter of policy,
should abstain from active political involvement even
though the law would allow it. The Attorney General,
other Justice Department officials, the Secretaries of
State and Defense are examples, but consideration should
also be given to officials of ERDA and FEA and members
of the CEA,
Attachment
PWBuchen:ed
June 12, 1975
MEMORANDUM FOR:
ROBERT HARTMANN
JOHN MARSH
DONALD RUMSFELD
FROM:
PHIL BUCHEN
For some time I have felt it desirable to put out a
comprehensive memorandum to the Presidential
appointees in the Executive Branch who are likely to
become involved in political activities in behalf of the
President which would guide them in their own conduct
and in controlling the conduct of their subordinates.
Attached is a draft proposal on which I would like your
comments.
Another issue which ought to be considered is whether
there are certain appointees who, as a matter of policy,
should abstain from active political involvement even
though the law would allow it. The Attorney General,
other Justice Department officials, the Secretaries of
State and Defense are examples, but consideration should
also be given to officials of ERDA and FEA and members
of the CEA.
Attachment
PWBuchen:ed
]
not being
pent
DRAFT
MEMORANDUM FOR WHITE HOUSE AND OTHER
PRESIDENTIAL APPOINTEES
FROM:
PHILIP W. BUCHEN
SUBJECT:
Participation by Presidential
Appointees in Political Activities
The participation by Federal officers and employees in political
both
campaigns must be carefully circumstribed to avoid/criminal violations
and questions of impropriety. In particular, you should be aware
that:
1. The only Federal employees exempt from the Hatch Act
prohibition on active participation in political campaigns are those
who are (a) appointed by the President and confirmed by the Senate,
and (b) paid by the White House office. Even political appointees under
Schedule C and NEA's in the Departments and Agencies are subject
to the Act.
2. It is a criminal offense to solicit or receive contributions
of political funds from Federal employees under any circumstances,
or to receive and spend contributions of political funds on Federal
premises. Special care should be taken to avoid inviting employees
SEAL YORK LIBRARY
subject to the Hatch Act to political fund-raising events, or to any
political events that may be interpreted as helpful to their employment
situation. Contributions from corporations and lubor unions
may not be accepted
-2-
3. All use of Federal resources for political activities
should be avoided: You should not use your office or its facilities
for political meetings, writing political speeches or other campaign
activities, and no official travel money should be used for political
purposes. You should arrange with the RNC, one of the President's
campaign committees or an appropriate local organization for facilities,
services, supplies and expenses. You should also avoid political
activities during normal working hours.
4. While there is no impropriety involved in political campaigning
by any Presidential appointees who have beenconfirmed by the Senate,
certain officials, by the nature of their duties, should abstain from
active political involvement. Examples are the Attorney General and
other Justice Department officials, the Secretaries of State and Defense,
FEA
the members of the CEA, NSC, and officials at ERDA and similar
non-politically oriented organizations.
5. No attempt should be made to involve the officials of the
independent regulatory agencies or from the Judicial Branch in
political campaign activities.
with the Fedeal Gount
6. No promise of d he made as a
remand for political actived 7 ay kind
I R. FORD THEARY
pol.
THE WHITE HOUSE
Pactin'ties
WASHINGTON
June 12, 1975
MEMORANDUM FOR:
ROBERT HARTMANN
JOHN MARSH
DONALD RUMSFELD
FROM:
PHIL BUCHEN T.W.B.
For some time I have felt it desirable to put out a
comprehensive memorandum to the Presidential
appointees in the Executive Branch who are likely to
become involved in political activities in behalf of the
President which would guide them in their own conduct
and in controlling the conduct of their subordinates.
Attached is a draft proposal on which I would like your
comments.
Another issue which ought to be considered is whether
there are certain appointees who, as a matter of policy,
should abstain from active political involvement even
though the law would allow it. The Attorney General,
other Justice Department officials, the Secretaries of
State and Defense are examples, but consideration should
also be given to officials of ERDA and FEA and members
of the CEA.
Attachment
STATE R. FORD 1
THE WHITE HOUSE
WASHINGTON
June 11, 1975
MEMORANDUM FOR:
PHIL BUCHEN
FROM:
DUDLEY CHAPMAN
DC
SUBJECT:
Memorandum on Political Activities
As a result of our discussion, and on further reflection, the attached
memorandum does not address such subjects as the conduct of
political activities on "official" time, or campaign activities carried
on within Federal premises, other use of Federal resources, or the
desirability of certain officials abstaining from campaign activity.
We should be able to rely on people's common sense to avoid using
Government funds for political expenses, and precise rules on these
subjects do not appear possible to formulate.
I have left the covering memorandum undated, for you to insert.
cc: Ken Lazarus
STATE N. FORD LIBRATOR
THE WHITE HOUSE
WASHINGTON
MEMORANDUM
Restrictions on Political Participation
by Executive Branch Officials and Employees
All Federal officials and employees of the Executive
Branch of the Government are subject to the criminal sanctions
set forth in Title 18, U.S.C., Chapter 29 -- "Elections and
Political Activities' (Appendix A). With relatively few exceptions,
these employees are also subject to the political activity
restrictions contained in relevant civil provisions (5 U.S. C.
7321, et. seq., Appendix B) and implementing regulations
(5 CFR Part 333, Appendix C).
The following outline should serve as a checklist of the
principal restrictions on political campaign activities of concern
io government officers and employees. The attachments supply
further details.
These are the bare legal requirements of which you should
be aware. We have not attempted to prescribe the good judgment
and sense of propriety that must be expected of all persons who
participate in the President's election campaign. Should any
questions arise on matters of either legality or propriety, concern-
ing your official actions, please contact Mr. Kenneth Lazarus
(Ext. 6297) or Mr. Dudley Chapman (Ext. 6725) in the Office
of the Counsel to the President. Advice on the conduct of the
campaign itself should be sought from counsel to the Republican
National Committee or to the President's principal political
committee, as appropriate.
Philip W. Buchen
Counsel to the President
STATE TORD
1. Restrictions on who may participate (Civil Restrictions):
The Provisions of Title 5, U.S.C. Sec. 7321, et. seq. and
implementing regulations (5 CFR Part 733) may be summarized
as follows:
(a) General. Generally, Government employees are
prohibited from taking "an active part in political
management or political campaigns", or from using
their official authority or influence "for the purpose
of interfering with or affecting the result of an
election" (5 U.S.C. 7324; See also 5 U.S.C. 7322,
and Executive Order 11222).
(b) Types of Employees Covered. With very few exceptions,
all Federal employees in the Executive Branch of the
Government (including employees of the Postal Service)
are subject to the political activity provisions of
Federal law. These provisions apply to full-time
and part-time employees in both the competitive and
excepted service. Those who are employed on an
intermittent or occasional basis, such as experts or
consultants, are only covered by the restrictions for
the entire twenty-four hours of any day of actual
employment.
Title 5, U.S.C. Sec. 7324 exempts certain specified
officers and employees from the prohibition on taking
an active part in political management or in political
campaigns. These are:
(i) An employee paid from the appropriation
for the office of the President;
(ii) The head or assistant head of an Executive
department or military department; and
(iii) An employee appointed by the President, by
and with the advice and consent of the Senate,
who determines policies to be pursued by the
United States in its relations with foreign
powers or in the nationwide administration
of Federal laws.
FORD UNITED
- 2 -
As to White House personnel, the test is which
appropriation is used to pay the employee's salary.
While the Civil Service Commission has interpreted
this provision to exempt persons paid from appro-
priations to the White House Office and Special
Assistance to the President (Office of the Vice
President), it has determined that employees paid
from other appropriations for the Executive Office
of the President, including those of the Domestic
Council, OTP, OMB, and NSC, are subject to the Act.
The Executive Director of the Domestic Council is
paid from the White House Office appropriations and
is exempt; the remainder of the Council's employees
are paid from a separate appropriation and are
covered. All detailed employees are fully subject
to the Act.
Schedule C employees and NEA's, in the departments
and agencies and in the Executive Office of the
President who are not paid from the appropriations
for the Office of the President, are also subject to
this prohibition, despite the policy-making nature
of their duties.
(c) Employees on Leave. A Federal employee subject to
the political activity laws and regulations continues
to be covered while on annual leave, sick leave, leave
without pay, administrative leave, or furlough.
(d) Exemptions. The law exempts all officers and employees
from the prohibition on taking an active part in political
management or in political campaigns in connection with
a non-partisan election. This is an election (and the
preceding campaign) in which none of the candidates
is to be nominated or elected as representing a political
party whose candidates for presidential elector received
votes at the last preceding election. Also exempted is
activity relating to a question which is not specifically
identified with a National or State political party, such
as constitutional amendments, referendums, and
approval of municipal ordinances (5 U.S. C. 7326).
FORD
LIBRARY
- 3 -
(e) Political Management. Membership in a political
party, organization, or club is permitted, but the
employee may not hold office in the party, organization,
or club, or be a member of any of its committees.
He may attend meetings open to the general membership
and vote on candidates and issues, but he may not take
an active part in the management of the club, organi-
zation, or party.
Attendance as a spectator at a political convention is
permitted. However, the employee is not allowed to
take part in the deliberations or proceedings of the
convention or any of its committees. He may not be
a candidate for, or serve as, a delegate, alternate,
or proxy at such a convention.
Volunteer work for a partisan candidate, campaign
committee, political party, or nominating convention
of a political party is prohibited, whether the work
involves contact with the public or not. If, however,
an employee engages in a profession or business, such
as = musician in a band or orchestra which participates
in parades, public events and similar functions, he may
perform in that capacity even though the particular
event is politically sponsored.
(f) Political Campaigns; Candidacy. An employee may not
be a candidate in a partisan election for any public office.
Primary and run-off elections to nominate candidates
of political parties are partisan even though no party
designation appears on the ballot.
(g) Political Campaigns; Campaigning. As noted above,
an employee may express his individual opinion on
political subjects and candidates (5 U.S.C. 7324).
This is frequently done by the employee wearing a
a badge or button on his person, or displaying a
sticker or poster on his car or house.
An employee may not campaign for a candidate in a
partisan election by making speeches, writing on
behalf of the candidate, or soliciting voters to support
or oppose a candidate.
GERALE LICENSE FOUR
- 4 -
An employee may attend a political meeting
or rally which is open to the general membership
of an organization or the public, including
committee meetings of political organizations.
However, he may not serve on a committee that
organizes or directs activities at a partisan
campaign meeting or rally.
An employee may sign nominating petitions for
candidates in a partisan election for public office,
but may not originate or circulate such petitions.
(h) Contributions. An employee may make a financial
contribution to a political party or organization.
However, he may not solicit or collect political
contributions (5 U.S.C. 7323).
2. Improper use of Government office (Criminal):
It is a Federal crime for a candidate in a Federal election
to procure support in his candidacy by directly or indirectly
promising to support the appointment of any person in public
or private position (18 U.S.C. 599); to directly or indirectly
promise any employment, position, compensation, contract,
appointment or other benefit made possible in whole or in
part by Act of Congress to any person as consideration,
favor, or reward for any political activity or for the.
support of or opposition to any candidate or any political
party in connection with a primary or general election (18
U.S.C. 600); or to directly or indirectly deprive or
threaten to deprive any person of any employment, position
or other benefit made possible by Act of Congress on account
of any political activity, support of, or opposition to any
candidate or any political party in any election (18 U.S.C. 601).
3. Interference and Intimidation (Criminal):
It is a Federal crime:
(a) to interfere with the right of any other person to vote
as he may choose for or against any candidate for
Federal elective office by intimidation, threats,
coercion or attempts to intimidate, threaten or coerce
- 5 -
(18 U.S. C. 594), or to use any part of an
appropriation for relief or public works projects
or to exercise or administer any authority under
any appropriation act for the purpose of interfering
with any individual's right to vote in a Federal
election (18 U.S.C. 598);
(b) for a person employed in any administrative position
by the United States, or by any department or agency
thereof, in connection with any activity which is
financed in whole or in part by loans or grants made
by the United States, or any department or agency
thereof, to use his official authority for the purpose
of interfering with, or affecting, the nomination or
the election of any candidate for Federal elective
office (18 U.S. C. 595);
(c) for any member of Congress, officer, employee or
consultant of the Federal government to discharge
or promote or degrade or in any manner change the
official rank or compensation of any other member
of Congress, officer, employee or consultant for
giving or withholding any contribution of money or
other thing of value for any political purposes
(18 U.S.C. 606).
4. Proper identification of campaign literature and political agents
(Criminal):
It is a Federal crime to distribute written or printed campaign
material relating to a candidate which does not identify its
source (18 U.S.C. 612); or for a candidate for Federal elective
office or an employee or agent of such candidate to participate
in any plan to misrepresent an individual as acting on behalf
of another candidate which representation is damaging to that
candidate (18 U.S. C. 617).
5. Political contributions and Expenditures (Criminal and Civil):
(a) Use of Federal Premises
It is a Federal crime to solicit or receive any contribution
of money or other thing of value for any political
purpose in any room or building occupied officially
by a member of Congress, officer, employee or
consultant of the Federal government (18 U.S. C. 603).
- 6
(b) Contributions among Government employees
It is a Federal crime for any member of Congress,
officer, employee or consultant of the United States
or department or agency thereof, to directly or
indirectly solicit or receive any political contributions
from any other Federal officer, employee, consultant
or member of Congress (18 U.S.C. 602) or for any
person in the service of the United States or any
department or agency thereof, to directly or indirectly
give or hand over to any other person in the service
of the United States, any money or other valuable
thing on account of or to be applied to the promotion
of any political object (18 U.S.C. 607).
(c) Proscribed classes of contributors
(1) Corporations and Unions
It is a Federal crime for national banks,
corporations and labor organizations (18 U.S.C. 610),
Government contractors (18 U.S.C. 611), and for
foreign nationals (18 U.S.C. 013) to contribute to
the campaigns of candidates for Federal elective
office. However, provision is made for corporations,
unions and contractors to establish funds to which
members and employees may contribute voluntarily.
(2) Government Contractors
It is a crime for individuals as well as corporations
having government contracts to make or solicit
political contributions (18 U.S.C. 611).
(3) Persons on Relief
It is a Federal crime to solicit or receive any payment
for any political purpose from any person who is
receiving any work relief funded by an Act of
Congress (18 U.S.C. 604); or to furnish or disclose
for political purposes any list or names of persons
receiving such relief funded by an Act of Congress
(18 U.S.C. 605).
- 7 -
(d) Contributions in name of another
It is a Federal crime to make a campaign contribution
in the name of another or to permit one's name to be
used to effect such a contribution (18 U.S. C. 614).
(e) Limitations on contributions
With certain exceptions, it is a Federal crime for
any individual to contribute more than $1,000 to any
single candidate for Federal elective office or more
than $25, 000 in aggregate political contributions in
any calendar year (18 U.S. C. 608); or to make a
contribution in currency (as opposed to check) in
excess of $100 (18 U.S.C. 615).
(f) Mandatory channeling of funds through political
committees
Under the new Federal election campaign laws, all
contributions must be deposited with an authorized
political committee which is obliged to keep records
of both contributions and expenditures.
(g) The meaning of "contribution"
The term "contribution" is defined differently for
purposes of the various statutes referred to in this
memorandum. An original donation of funds for a
political purpose is always a contribution; and in
some cases a transfer between different political
committees may be a contribution by statutory
definition. Special care should be taken to avoid
any physical handling of political funds in a
Federal building or premises. Counsel for the
relevant political committee should be consulted
before engaging in receipt or solicitation of
political funds.
PARTY LIBRARY GIVEN
- 8 - . .
(h) Expenses paid by the Republican National
Committee (RNC)
.
RNC funds may be used for political activities
of the Presidency which are of benefit to the
party. Until the President is formally nominated,
political expenses uniquely on his behalf as distinct
from the party should be paid from his own campaign
funds.
from prose-
tifying,
Civil Service
may, within
TITLE 18. CRIMES AND CRIMINAL PROCEDURE
order, insti-
in the U.S.
CHAPTER 29-ELECTIONS AND POLITICAL ACTIVITIES
Scal officer or
§ 591. Definitions
not operate
Except as otherwise specifically provided, when used in this section
and in sections 597, 599, 600, 602, 608, 610, 611, 614, 615, and 617 of
office or em-
this title—
(a) "election" means—
Commission.
(1) a general, special, primary, or runoff election;
the court a
(2) a convention or caucus of a political party held to
der was made.
nominate a candidate;
tions of fact
(3) a primary election held for the selection of delegates
for leave to
to a national nominating convention of a political party; or
action of the
(4) a primary election held for the expression of a pref-
the result of
erence for the nomination of persons for election to the office
for failure to
of President;
ton. the court
(b) a "candidate" means an individual who seeks nomination
the Commis-
for election, or election, to Federal office, whether or not such indi-
by the court.
vidual is elected, and, for purposes of this paragraph, an individ-
ermination or
ual shall be deemed to seek nomination for election, or election, to
ith the court
Federal office, if he has-
dified findings
(1) taken the action necessary under the law of a State to
The court
qualify himself for nomination for election, or election; or
letermination
(2) received contributions or made expenditures, or has
with law. If
given his consent for any other person to receive contribu-
the modified
tions or make expenditures, with a view to bringing about his
The court shall
nomination for election, or election, to such office;
tons either to
(c) "Federal office" means the office of President or Vice Presi-
be lawful or
dent of the United States, or Senator or Representative in, or
the court, the
Delegate or Resident Commissioner to, the Congress of the United
final, subject
States;
other cases,
(d) "political committee" means any committee, club, associa-
final, subject
tion, or other group of persons which receives contributions or
certiorari or
makes expenditures during a calendar year in an aggregate
provision of
amount exceeding $1,000;
a determina-
(e) "contribution"-
order becomes
(1) means a gift, subscription, loan, advance, or deposit of
had not been
money or anything of value (except a loan of money by a
national or State bank made in accordance with the appli-
cable banking laws and regulations and in the ordinary
course of business, which shall be considered a loan by each
endorser or guarantor, in that proportion of the unpaid bal-
1 Effect on State law: The provisions of chapter 29 of Title 18, United States Code,
relating to elections and political activities, supersede and preempt any provision of State
law with respect to election to Federal office.
The terms "election," "Federal office," and "State." as used in the preceding sentence of
this footnote, have the meanings given them by section 591 of Title 18, United States Code.
(37)
38
ance thereof that each endorser or guarantor bears to the total
number of endorsers or guarantors), made for the purpose of
influencing the nomination for election, or election, of any
person to Federal office or for the purpose of influencing the
results of a primary held for the selection of delegates to a
national nominating convention of a political party or for the
expression of a preference for the nomination of persons for
election to the office of President of the United States;
(2) means a contract, promise, or agreement, express or
implied, whether or not legally enforceable, to make a con-
tribution for such purposes;
(3) means funds received by a political committee which
are transferred to such committee from another political com-
mittee or other source;
(4) means the payment, by any person other than a can-
didate or a political committee, of compensation for the per-
sonal services of another person which are rendered to such
candidate or political committee without charge for any such
purpose; but
(5) does not include-
(A) the value of services provided without compensa-
tion by individuals who volunteer a portion or all of their
time on behalf of a candidate or political committee;
(B) the use of real or personal property and the cost
of invitations, food, and beverages, voluntarily provided
by an individual to a candidate in rendering voluntary
personal services on the individual's residential premises
for candidate-related activities;
(C) the sale of any food or beverage by a vendor for
use in a candidate's campaign at a charge less than the
normal comparable charge if such charge for use in a
candidate's campaign is at least equal to the cost of such
food or beverage to the vendor;
(D) any unreimbursed payment for travel expenses
made by an individual who on his own behalf volunteers
his personal services to a candidate; or
(E) the payment by a State or local committee of a
political party of the costs of preparation, display, or
mailing or other distribution incurred by such committee
with respect to a printed slate card or sample ballot,
or other printed listing, of three or more candidates for
any public office for which an election is held in the
State in which such committee is organized, except that
this clause shall not apply in the case of costs incurred by
such committee with respect to a display of any such list-
ing made on broadcasting stations, or in newspapers,
magazines or other similar types of general public politi-
cal advertising;
to the extent that the cumulative value of activities by any
person on behalf of any candidate under each of clauses (B),
(C), and (D) does not exceed $500 with respect to any
election;
39
the total
(f) "expenditure"-
arpose of
(1) means a purchase, payment, distribution, loan,
of any
being the
advance, deposit, or gift of money or anything of value
(except a loan of money by a national or State bank made in
ates to a
or for the
accordance with the applicable banking laws and regulations
sons for
and in the ordinary course of business), made for the purpose
of influencing the nomination for election, or election, of any
es;
person to Federal office or for the purpose of influencing the
press or
results of a primary held for the selection of delegates to a
te a con-
national nominating convention of a political party or for
ee which
the expression of a preference for the nomination of persons
ical com-
for election to the office of President of the United States;
(2) means a contract, promise, or agreement, express or im-
plied, whether or not legally enforceable, to make any ex-
in a can-
penditure; and
the per-
to such
(3) means the transfer of funds by a political committee to
another political committee; but
any such
(4) does not include-
(A) any news story, commentary, or editorial distrib-
uted through the facilities of any broadcasting station,
ompensa-
of their
newspaper, magazine, or other periodical publication,
mittee;
unless such facilities are owned or controlled by any
the cost
political party, political committee, or candidate;
provided
(B) nonpartisan activity designed to encourage indi-
viduals to register to vote or to vote;
voluntary
premises
(C) any communication by any membership organi-
zation or corporation to its members or stockholders, if
endor for
such membership organization or corporation is not or-
than the
ganized primarily for the purpose of influencing the
use in a
nomination for election, or election, of any person to
Federal office;
of such
(D) the use of real or personal property and the cost
of invitations, food, and beverages, voluntarily provided
expenses
volunteers
by an individual to a candidate in rendering voluntary
personal services on the individual's residential premises
ttee of a
for candidate-related activities;
splay, or
(E) any unreimbursed payment for travel expenses
made by an individual who on his own behalf volunteers
sommittee
his personal services to a candidate;
ble ballot,
adates for
(F) any communication by any person which is not
ld in the
made for the purpose of influencing the nomination for
election, or election, of any person to Federal office;
reept that
(G) the payment by a State or local committee of a
curred by
such list-
political party of the costs of preparation, display, or
mailing or other distribution incurred by such committee
wspapers,
with respect to a printed slate card or sample ballot, or
blic politi-
other printed listing, of three or more candidates for any
public office for which an election is held in the State in
es by any
which such committee is organized, except that this
iuses (B),
clause shall not apply in the case of costs incurred by
ct to any
such committee with respect to a display of any such
listing made on broadcasting stations, or in newspapers,
given
40
magazines or other similar types of general public politi-
cal advertising;
(H) any costs incurred by a candidate in connection
with the solicitation of contributions by such candidate,
except that this clause shall not apply with respect to
costs incurred by a candidate in excess of an amount
equal to 20 percent of the expenditure limitation appli-
cable to such candidate under section 608 (c) of this
title; or
(I) any costs incurred by a political committee (as
such term is defined by section 608(b) (2) of this title)
with respect to the solicitation of contributions to such
political committee or to any general political fund con-
trolled by such political committee, except that this
clause shall not apply to exempt costs incurred with re-
spect to the solicitation of contributions to any such
political committee made through broadcasting stations,
newspapers, magazines, outdoor advertising facilities,
and other similar types of general public political adver-
tising;
to the extent that the cumulative value of activities by any
individual on behalf of any candidate under each of clauses
(D) or (E) does not exceed $500 with respect to any
election;
(g) "person" and "whoever" mean an individual, partnership,
committee, association, corporation, or any other organization or
group of persons:
(h) "State" means each State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, and any terri-
tory or possession of the United States;
- (i) "political party" means any association, committee, or orga-
nization which nominates a candidate for election to any Federal
office whose name appears on the election ballot as the candidate
of such association, committee, or organization;
(j) "State committee" means the organization which, by virtue
of the bylaws of a political party, is responsible for the day-to-day
operation of such political party at the State level, as determined
by the Federal Election Commission;
(k) "national committee" means the organization which, by
virtue of the bylaws of the political party, is responsible for the
day-to-day operation of such political party at the national level,
as determined by the Federal Election Commission established
under section 437c (a). of Title 2, United States Code; and
(1) "principal campaign committee" means the principal cam-
paign committee designated by a candidate under section 432
(f) (1) of Title 2, United States Code.
§ 592. Troops at polls
Whoever, being an officer of the Army or Navy, or other person in
the civil, military, or naval service of the United States, orders, brings,
keeps, or has under his authority or control any troops or armed men
at any place where a general or special election is held, unless such
force be necessary to repel armed enemies of the United States, shall be
fined not more than $5,000 or imprisoned not more than 5 years, or
41
both; and be disqualified from holding any office of honor, profit, or
trust under the United States.
This section shall not prevent any officer or member of the Armed
Forces of the United States from exercising the right of suffrage in
any election district to which he may belong, if otherwise qualified
according to the laws of the State in which he offers to vote.
§ 593. Interference by Armed Forces
Whoever, being an officer or member of the Armed Forces of the
United States, prescribes or fixes or attempts to prescribe or fix,
whether by proclamation, order or otherwise, the qualifications of
voters at any election in any State;
Whoever, being such officer or member, prevents or attempts to pre-
vent by force, threat, intimidation, advice or otherwise any qualified
voter of any State from fully exercising the right of suffrage at any
general or special election;
Whoever, being such officer or member, orders or compels or at-
tempts to compel any election officer in any State to receive a vote from
a person not legally qualified to vote;
Whoever, being such officer or member, imposes or attempts to im-
pose any regulations for conducting any general or special election in a
State, different from those prescribed by law: or
Whoever, being such officer or member, interferes in any manner
with an election officer's discharge of his duties, shall be fined not more
than $5,000 or imprisoned not more than 5 years, or both; and dis-
qualified from holding any office of honor, profit or trust under the
United States.
This section shall not prevent any officer or member of the Armed
Forces from exercising the right of suffrage in any district to which
he may belong, if otherwise qualified according to the laws of the State
of such district.
§ 594. Intimidation of voters
Whoever intimidates, threatens, coerces, or attempts to intimidate,
threaten, or coerce, any other person for the purposes of interfering
with the right of such other person to vote or to vote as he may choose,
or of causing such other person to vote for, or not to vote for, any candi-
date for the office of President, Vice President. Presidential elector,
Member of the Senate, Member of the House of Representatives, Dele-
gate from the District of Columbia. or Resident Commissioner, at any
election held solely or in part for the purpose of electing such candi-
date, shall be fined not more than $1,000 or imprisoned not more than
1 year, or both.
§ 595. Interference by administrative employees of Federal,
State, or Territorial Governments
Whoever, being a person employed in any administrative position by
the United States, or by any department or agency thereof. or by the
in
District of Columbia or any agency or instrumentality thereof, or by
any State, Territory, or Possession of the United States, or any politi-
cal subdivision, municipality, or agency thereof. or agency of such
political subdivision or municipality (including any corporation
owned or controlled by any State, Territory, or Possession of the
United States or by any such political subdivision, municipality, or
42
agency), in connection with any activity which is financed in whole or
in part by loans or grants made by the United States, or any depart-
ment or agency thereof, uses his official authority for the purpose of
interfering with, or affecting, the nomination or the election of any
candidate for the office of President, Vice President, presidential elec-
tor, Member of the Senate, Member of the House of Representatives,
Delegate from the District of Columbia, or Resident Commissioner,
shall be fined not more than $1,000 or imprisoned not more than 1 year,
or both.
This section shall not prohibit or make unlawful any act by any
officer or employee of any educational or research institution, establish-
ment, agency, or system which is supported in whole or in part by any
state or political subdivision thereof, or by the District of Columbia or
by any Territory or Possession of the United States; or by any recog-
nized religious, philanthropic or cultural organization.
§ 596. Polling Armed Forces
Whoever, within or without the Armed Forces of the United States,
polls any member of such forces, either within or without the United
States, either before or after he executes any bailot under any Federal
or State law, with reference to his choice of or his vote for any candi-
date, or states, publishes, or releases any result of any purported poll
taken from or among the members of the Armed Forces of the United
States or including within it the statement of choice for such candidate
or of such votes cast by any member of the Armed Forces of the United
States, shall be fined not more than $1,000 or imprisoned for not more
than 1 year, or both.
The word "poil" means any request for information, verbal or writ-
ten, which by its language or form of expression requires or implies
the necessity of an answer, where the request is made with the intent
of compiling the result of the answers obtained, either for the personal
use of the person making the request, or for the purpose of reporting
the same to any other person, persons, political party, unincorporated
association or corporation, or for the purpose of publishing the same
orally, by radio, or in written or printed form.
§ 597. Expenditures to influence voting
Whoever makes or offers to make an expenditure to any person,
either to vote or withhold his vote, or to rote for or against any candi-
date; and
Whoever solicits, accepts, or receives any such expenditure in con-
sideration of his vote or the withholding of his vote, shall be fined
not more than $1,000 or imprisoned not more than 1 year, or both; and
if the violation was willful, shall be fined not more than $10,000 or
imprisoned not more than 2 years, or both.
§ 598. Coercion by means of relief appropriations
Whoever uses any part of any appropriation made by Congress
for work relief. relief, or for increasing employment by providing
loans and grants for public-works projects. or exercises or adminis-
ters any authority conferred by any Appropriation Act for the purpose
of interfering with, restraining, or coercing any individual in the
exercise of his right to vote at any election. shall be fined not more
than $1,000 or imprisoned not more than 1 year, or both.
43
§ 599. Promise of appointment by candidate
whole or
ny depart-
Whoever, being a candidate, directly or indirectly promises or
purpose of
pledges the appointment, or the use of his influence or support for the
on of any
appointment of any person to any public or private position or em-
ential elec-
ployment, for the purpose of procuring support in his candidacy shall
isentatives,
be fined not more than $1,000 or imprisoned not more than 1 year, or
amissioner,
both; and if the violation was willful, shall be fined not more than
han 1 year,
$10,000 or imprisoned not more than 2 years, or both.
§ 600. Promise of employment or other benefit for political
ict by any
activity
establish-
Whoever, directly or indirectly, promises any employment, position,
lart by any
compensation, contract, appointment, or other benefit, provided for or
olumbia or
made possible in whole or in part by any Act of Congress, or any
any recog-
special consideration in obtaining any such benefit, to any person as
consideration, favor, or reward for any political activity or for the
support of or opposition to any candidate or any political party in
ited States,
connection with any general or special election to any political office,
the United
or in connection with any primary election or political convention or
ny Federal
caucus held to select candidates for any political office, shall be fined
any candi-
not more than $1,000 or imprisoned not more than 1 year, or both.
ported poll
§ 601. Deprivation of employment or other benefit for political
the United
activity
candidate
Whoever, except as required by law, directly or indirectly, deprives,
the United
attempts to deprive, or threatens to deprive any person of any employ-
or not more
ment, position, work, compensation, or other benefit provided for or
made possible by any Act of Congress appropriating funds for work
bal or writ-
relief or relief purposes, on account of race, creed, color, or any politi-
or implies
cal activity, support of, or opposition to any candidate or any politi-
the intent
cal party in any election, shall be fined not more than $1,000 or im-
he personal
prisoned not more than 1 year, or both.
f reporting
§ 602. Solicitation of political contributions
ncorporated
ng the same
Whoever, being a Senator or Representative in, or Delegate or Resi-
dent Commissioner to, or a candidate for Congress, or individual
elected as, Senator, Representative, Delegate, or Resident Commis-
sioner, or an officer or employee of the United States or any depart-
any person,
ment or agency thereof, or a person receiving any salary or
any candi-
compensation for services from money derived from the Treasury of
the United States, directly or indirectly solicits, receives, or is in any
ture in con-
manner concerned in soliciting or receiving, any assessment, subscrip-
all be fined
tion, or contribution for any political purpose whatever, from any
or both; and
other such officer, employee, or person, shall be fined not more than
1
$10,000 or
$5,000 or imprisoned not more than 3 years or both.
§ 603. Place of solicitation
Whoever, in any room or building occupied in the discharge of offi-
PV Congress
cial duties by any person mentioned in section 602 of this title, or
providing
in any navy yard, fort, or arsenal, solicits or receives any contribution
or adminis-
of moneys or other thing of value for any political purpose, shall be
the purpose
fined not more than $5,000 or imprisoned not more than 3 years, or
dual in the
both.
ed not more
44
§ 604. Solicitation from persons on relief
Whoever solicits or receives or is in any manner concerned in
soliciting or receiving any assessment, subscription, or contribution
for any political purpose from any person known by him to be entitled
to, or receiving compensation, employment, or other benefit provided
for or made possible by any Act of Congress appropriating funds for
work relief or relief purposes, shall be fined not more than $1,000 or
imprisoned not more than 1 year, or both.
§ 605. Disclosure of names of persons on relief
For
Whoever, for political purposes, furnishes or discloses any list or
othe
names of persons receiving compensation, employment or benefits
resp
provided for or made possible by any Act of Congress appropriating,
ma(
or authorizing the appropriation of funds for work relief or relief
(
purposes, to a political candidate, committee, campaign manager, or
a CE
to any person for delivery to a political candidate, committee, or
or
campaign manager; and
(
Whoever receives any such list or names for political purposes, shall
adv
be fined not more than $1,000 or imprisoned not more than 1 year, or
pai
unl
both.
ful
§ 606. Intimidation to secure political contributions
(
Whoever, being one of the officers or employees of the United States
sha
mentioned in section 602 of this title, discharges, or promotes, or
tur
degrades, or in any manner changes the official rank or compensation
sta
of any other officer or employee, or promises or threatens so to do, for
(b)
giving or withholding or neglecting to make any contribution of money
or other valuable thing for any political purpose, shall be fined not
no
more than $5,000 or imprisoned not more than 3 years, or both.
to
§ 607. Making political contributions
$1,
Whoever, being an officer, clerk, or other person in the service of the
United States or any department or agency thereof, directly or indi-
COI
rectly gives or hands over to any other officer, clerk, or person in the
sp
service of the United States, or to any Senator or Member of or Dele-
ex
gate to Congress, or Resident Commissioner, any money or other
lit
valuable thing on account of or to be applied to the promotion of any
ca!
political object, shall be fined not more than $5,000 or imprisoned not
no
more than 3 years, or both.
ras
th
§ 608. Limitations on contributions and expenditures ²
za
(a) Personai funds of candidate and family.
2,
(1) No candidate may make expenditures from his personal
w]
funds, or the personal funds of his immediate family, in connec-
ex
tion with his campaigns during any calendar year for nomination
tr
for election, or for election, to Federal office in excess of, in the
th
aggregate-
50
3 Notwithstanding section 608(a)(1) of Title 18. United States Code, relating to
ye
limitations on expenditures from personal funds. any individual may satisfy or discharge,
tr
out of his personal funds or the personal funds of his immediate family, any debt or
obligation which is outstanding on the date of the enactment of this Act and which was
ye
Incurred by him or on his behalf by any political committee in connection with any cam-
paign ending before the close of December 31. 1972. for election to Federal office.
For purposes of the preceding paragraph of this footnote—(1) the terms "election".
"Federal office". and "political committee" have the meanings given them by section 591
of Title 18, United States Code: and (2) the term "immediate family" has the meaning
given it by section 60S(a) (2) of Title 18, United States Code.
LIBRARY
45
(A) $50,000, in the case of a candidate for the office of
thed in
President or Vice President of the United States;
ibution
(B) $35,000, in the case of a candidate for the office of
entitled
Senator or for the office of Representative from a State which
rovided
is entitled to only one Representative; or
ends for
(C) $25,000, in the case of a candidate for the office of
,000 or
Representative, or Delegate or Resident Commissioner, in
any other State.
For purposes of this paragraph, any expenditure made in a year
list or
other than the calendar year in which the election is held with
benefits
respect to which such expenditure was made, is considered to be
riating,
made during the calendar year in which such election is held.
relief
(2) For purposes of this subsection, "immediate family" means
a candidate's spouse, and any child, parent, grandparent, brother,
ger, or
or sister of the candidate, and the spouses of such persons.
itee, or
(3) No candidate or his immediate family may make loans or
shall
advances from their personal funds in connection with his cam-
paign for nomination for election, or for election, to Federal office
car, or
unless such loan or advance is evidenced by a written instrument
fully disclosing the terms and conditions of such loan or advance.
(4) For purposes of this subsection, any such loan or advance
States
shall be included in computing the total amount of such expendi-
ites, or
tures only to the extent of the balance of such loan or advance out-
sation
standing and unpaid.
do, for
(b) Contributions by persons and committees.
money
ed not
(1) Except as otherwise provided by paragraphs (2) and (3).
no person shall make contributions to any candidate with respect
to any election for Federal office which, in the aggregate, exceed
$1,000.
of the
(2) No political committee (other than a principal campaign
r indi-
committee) shall make contributions to any candidate with re-
in the
spect to any election for Federal office which, in the aggregate,
Dele-
exceed $5,000. Contributions by the national committee of a po-
other
litical party serving as the principal campaign committee of a
of any
candidate for the office of President of the United States shall
ed not
not exceed the limitation imposed by the preceding sentence with
respect to any other candidate for Federal office. For purposes of
this paragraph, the term "political committee" means an organi-
zation registered as a political committee under section 433, Title
2, United States Code, for a period of not less than 6 months
rsonal
which has received contributions from more than 50 persons and,
nnnec-
except for any State political party organization, has made con-
ation
tributions to 5 or more candidates for Federal office.
in the
(3) No individual shall make contributions aggregating more
than $25,000 in any calendar year. For purposes of this para-
graph, any contribution made in a year other than the calendar
ting to
year in which the election is held with respect to which such con-
scharge,
debt or
tribution was made, is considered to be made during the calendar
tch was
year in which such election is held.
my cam-
(4) For purposes of this subsection-
betion".
Hon 591
(A) contributions to a named candidate made to any po-
meaning
litical committee authorized by such candidate, in writing,
46
to accept contributions on his behalf shall be considered to be
contributions made to such candidate; and
(B) contributions made to or for the benefit of any candi-
date nominated by a political party for election to the office
of Vice President of the United States shall be considered to
be contributions made to or for the benefit of the candidate
of such party for election to the office of President of the
United States.
(5) The limitations imposed by paragraphs (1) and (2) of this
subsection shall apply separately with respect to each election,
except that all elections held in any calendar year for the office of
President of the United States (except a general election for such
office) shall be considered to be one election.
(6) For purposes of the limitations imposed by this section, all
contributions made by a person, either directly or indirectly, on
behalf of a particular candidate, including contributions which
are in any way earmarked or otherwise directed through an in-
termediary or conduit to such candidate, shall be treated as con-
tributions from such person to such candidate. The intermediary
or conduit shall report the original source and the intended re-
cipient of such contribution to the Commission and to the intended
recipient.
(c) Limitations on expenditures.
(1) No candidate shall make expenditures in excess of-
(A) ten million dollars, in the case of a candidate for
nomination for election to the office of President of the United
States, except that the aggregate of expenditures under this
subnaragraph in any one State shall not exceed twice the
expenditure limitation applicable in such State to a candi-
date for nomination for election to the office of Senator, Dele-
gate. or Resident Commissioner, as the case may be;
(B) twenty million dollars, in the case of a candidate for
election to the office of President of the United States;
(C) in the case of any campaign for nomination for elec-
tion by a candidate for the office of Senator or by a candidate
for the office of Representative from a State which is entitled
to only one Representative, the greater of-
(i) eight cents multiplied by the voting age population
of the State (as certified under subsection (g)) ; or
(ii) one hundred thousand dollars;
(D) in the case of any campaign for election by a candidate
for the office of Senator or by a candidate for the office of
Representative from a State which is entitled to only one
Representative, the greater of-
(i) twelve cents multiplied by the voting age popula-
tion of the State (as certified under subsection (g)) ; or
(ii) one hundred fifty thousand dollars;
(E) seventy thousand dollars, in the case of any campaign
for nomination for election, or for election, by a candidate for
the office of Representative in any other State, Delegate from
the District of Columbia, or Resident Commissioner; or
47
(F) fifteen thousand dollars, in the case of any campaign
for nomination for election, or for election, by a candidate for
the office of Delegate from Guam or the Virgin Islands.
(2) For purposes of this subsection-
(A) expenditures made by or on behalf of any candidate
nominated by a political party for election to the office of
Vice President of the United States shall be considered to be
IS
expenditures made by or on behalf of the candidate of such
party for election to the office of President of the United
States; and
(B) an expenditure is made on behalf of a candidate, in-
cluding a vice presidential candidate, if it is made by-
(i) an authorized committee or any other agent of the
candidate for the purposes of making any expenditure;
or
(ii) any person authorized or requested by the
candidate, an authorized committee of the candidate, or
an agent of the candidate, to make the expenditure.
(3) The limitations imposed by subparagraphs (C), (D), (E),
and (F) of paragraph (1) of this subsection shall apply sepa-
rately with respect to each election.
(4) The Commission shall prescribe rules under which any
expenditure by a candidate for presidential nomination for use
in 2 or more States shall be attributed to such candidate's expendi-
or
ture limitation in each such State, based on the voting age popu-
lation in such State which can reasonably be expected to be in-
is
fluenced by such expenditure.
(d) Adjustment of limitations based on price index.
e-
(1) At the beginning of each calendar year (commencing in
1970), as there become available necessary data from the Bureau
or
of Labor Statistics of the Department of Labor, the Secretary of
Labor shall certify to the Commission and publish in the Federal
i
Register the per centum difference between the price index for
te
the 12 months preceding the beginning of such calendar year and
the price index for the base period. Each limitation established
by subsection (c) and subsection (f) shall be increased by such
on
per centum difference. Each amount so increased shall be the
amount in effect for such calendar year.
(2) For purposes of paragraph (1)-
te
(A) the term "price index" means the average over a cal-
of
endar year of the Consumer Price Index (all items-United
ne
States city average) published monthly by the Bureau of
Labor Statistics; and
a-
(B) the term "base period" means the calendar year 1974.
or
(e) Expenditures relative to clearly identified candidate.
(1) No person may make any expenditure (other than an ex-
gn
penditure made by or on behalf of a candidate within the mean-
or
ing of subsection (c) (2) (B) relative to a clearly indentified can-
m
didate during a calendar year which, when added to all other
expenditures made by such person during the year advocating the
election or defeat of such candidate, exceeds $1,000.
48
(2) For purposes of paragraph (1)-
nex
(A) "clearly identified" means—
lati
(i) the candidate's name appears;
(ii) a photograph or drawing of the candidate ap-
(
known
pears; or
(iii) the identity of the candidate is apparent by
tio
cal
unambiguous reference.
(B) "expenditure" does not include any payment made
ben
or incurred by a corporation or a labor organization which,
beh
under the provisions of the last paragraph of section 610 of
trib
this title, would not constitute an expenditure by such cor-
(
poration or labor organization.
shal
yea
(f) Exceptions for national and State committees.
(1) Notwithstanding any other provision of law with respect
§ 60
to limitations on expenditures or limitations on contributions,
§ 61
the national committee of a political party and a State committee
of a political party, including any subordinate committee of a
It
State committee, may make expenditures in connection with the
by a
general election campaign of candidates for Federal office, subject
itur
to the limitations contained in paragraphs (2) and (3) of this
nect
subsection.
held
(2) The national committee of a political party may not make
wha
any expenditure in connection with the general election campaign
iture
of any candidate for President of the United States who is affili-
pres
ated with such party which exceeds an amount equal to 2 cents
or R
multiplied by the voting age population of the United States (as
nect
certified under subsection (g)) Any expenditure under this para-
held
graph shall be in addition to any expenditure by a national com-
can
mittee of R political party serving as the principal campaign com-
cont
mittee of a candidate for the office of President of the United
E
States.
tior
(3) The national committee of a political party, or a State
tha
committee of a political party, including any subordinate commit-
of
tee of a State committee, may not make any expenditure in con-
per
nection with the general election campaign of a candidate for
anc
Federal office in a State who is affiliated with such party which
of
exceeds—
mo
(A) in the case of a candidate for election to the office of
fin
Senator, or of Representative from a State which is entitled
bot
to only one Representative, the greater of-
(i) two cents multiplied by the voting age population
ga
of the State (as certified under subsection (g) ; or
mi
(ii) twenty thousand dollars; and
pu
(B) in the case of a candidate for election to the office of
27
Representative, Delegate, or Resident Commissioner in any
or
other State, $10,000.
(g) Voting age population estimates. During the first week of Jan-
sh
uary 1975, and every subsequent year, the Secretary of Commerce shall
vi
certify to the Commission and publish in the Federal Register an
(i
estimate of the voting age population of the United States. of each
State, and of each congressional district as of the first day of July
49
next preceding the date of certification. The term "voting age popu-
lation" means resident population, 18 years of age or older.
(h) Knowing violations. No candidate or political committee shall
ap-
knowingly accept any contribution or make any expenditure in viola-
by
tion of the provisions of this section. No officer or employee of a politi-
cal committee shall knowingly accept a contribution made for the
made
benefit or use of a candidate, or knowingly make any expenditure on
which,
behalf of a candidate, in violation of any limitation imposed on con-
610
of
tributions and expenditures under this section.
cor-
(i) Penalties. Any person who violates any provision of this section
shall be fined not more than $25,000 or imprisoned not more than 1
year, or both.
§ 609. [Repealed]
respect
outions,
§ 610. Contributions or expenditures by national banks, corpora-
hmittee
tions or labor organizations
of
a
It is unlawful for any national bank, or any corporation organized
the
by authority of any law of Congress, to make a contribution or expend-
subject
iture in connection with any election to any political office, or in con-
of
this
nection with any primary election or political convention or caucus
held to select candidates for any political office, or for any corporation
make
whatever, or any labor organization to make a contribution or expend-
Inpaign
iture in connection with any election at which presidential and vice
affili-
presidential electors or a Senator or Representative in, or a Delegate
cents
or Resident Commissioner to Congress are to be voted for, or in con-
(as
nection with any primary election or political convention or caucus
para-
held to select candidates for any of the foregoing offices, or for any
com-
candidate, political committee, or other person to accept or receive any
com-
contribution prohibited by this section.
United
Every corporation or labor organization which makes any contribu-
tion OF expenditure in violation of this section shall be fined not more
State
than $25,000; and every officer or director of any corporation, or officer
commit-
of any labor organization, who consents to any contribution or ex-
in
con-
penditure by the corporation or labor organization as the case may be,
for
and any person who accepts or receives any contribution, in violation
which
of this section, shall be fined not more than $1,000 or imprisoned not
more than 1 year, or both; and if the violation was willful, shall be
office
of
fined not more than $50,000 or imprisoned not more than 2 years or
entitled
both.
For the purposes of this section "labor organization" means any or-
ganization of any kind, or any agency or employee representation com-
or
mittee or plan, in which employees participate and which exist for the
purpose, in whole or in part, of dealing with employers concerning
office
of
grievances, labor disputes, wages, rates of pay, hours of employment,
in
any
or conditions of work.
As used in this section, the phrase "contribution or expenditure"
of
Jan-
shall include any direct or indirect payment, distribution, loan, ad-
shall
vance, deposit, or gift of money, or any services, or anything of value
rister
an
(except a loan of money by a national or State bank made in accordance
of
each
with the applicable banking laws and regulations and in the ordinary
of
July
50
course of business) to any candidate, campaign committee, or political
party or organization, in connection with any election to any of the
§ 612.
offices referred to in this section; but shall not include communications
Who
by a corporation to its stockholders and their families or by a labor
or dist
organization to its members and their families on any subject; non-
same, }
partisan registration and get-out-the-vote campaigns by a corporation
posited
aimed at its stockholders and their families, or by a labor organization
the Po
aimed at its members and their families; the establishment, administra-
transp
tion, and solicitation of contributions to a separate segregated fund to
pamph
be utilized for political purposes by a corporation or labor organiza-
statem
tion: Provided, That it shall be unlawful for such a fund to make a con-
clared
tribution or expenditure by utilizing money or anything of value
the U1
secured by physical force, job discrimination, financial reprisals, or the
Reside
threat of force, job discrimination, or financial reprisal; or by dues,
electio
fees, or other monies required as a condition of membership in a labor
his int
organization or as a condition of employment, or by monies obtained
the na
in any commercial transaction.
respon
names
§ 611. Contributions by Government contractors
tion, s]
Whoever-
year, 0
(a) entering into any contract with the United States or any
§ 613.
department or agency thereof either for the rendition of personal
Wh
services or furnishing any material, supplies, or equipment to the
United States or any department or agency thereof or for selling
person
of val
any land or building to the United States or any department or
bution
agency thereof, if payment for the performance of such contract
nection
or payment for such material, supplies, equipment, land, or build-
candic
ing to be made in whole or in part from funds appropriated by
Wh
the Congress, at any time between the commencement of negotia-
tion f
tions for and the later of-
(1) the completion of performance under; or
$25,00
As
(2) the termination of negotiations for. such contract or
furnishing of material, supplies, equipment, land or build-
0
ings;
directly or indirectly makes any contribution of money or other
C.
thing of value, or promises expressly or impliedly to make any
such contribution, to any political party, committee, or candidate
"
for public office or to any person for any political purpose or use;
b
or
(b) knowingly solicits any such contribution from any such
(
person for any such purpose during any such period;
§ 614
shall be fined not more than $25,000 or imprisoned not more than 5
(a)
years, or both.
perso
This section does not prohibit cr make unlawful the establishment
tribu
or administration of, or the solicitation of contributions to, any sepa-
by on
rate segregated fund by any corporation or labor organization for the
(b)
purpose of influencing the nomination for election, or election, of any
than
person to Federal office. unless the provisions of section 610 of this title
§ 615
prohibit or make unlawful the establishment or administration of, or
the solicitation of contributions to, such fund.
(a
For purposes of this section, the term "labor organization" has the
State
meaning given it by section 610 of this title.
cand
51
tical
§ 612. Publication or distribution of political statements
the
Whoever willfully publishes or distributes or causes to be published
ions
or distributed, or for the purpose of publishing OF distributing the
abor
same, knowingly deposits for mailing or delivery or causes to be de-
non-
posited for mailing or delivery, or, except in cases of employees of
ation
the Postal Service in the official discharge of their duties, knowingly
ation
transports or causes to be transported in interstate commerce any card,
stra-
pamphlet, circular, poster, dodger, advertisement, writing, or other
ad to
statement relating to or concerning any person who has publicly de-
niza-
clared his intention to seek the office of President, or Vice President of
con-
the United States, or Senator or Representative in, or Delegate or
value
Resident Commissioner to Congress, in a primary, general, or special
or the
election, or convention of a political party, or has caused or permitted
dues,
his intention to do SO to be publicly declared, which does not contain
labor
the names of the persons, associations, committees, or corporations
ained
responsible for the publication or distribution of the same, and the
names of the officers of each such association, committee, or corpora-
tion, shall be fined not more than $1,000 or imprisoned not more than 1
year, or both.
r any
§ 613. Contributions by foreign nationals
sonal
Whoever, being a foreign national, directly or through any other
to the
person, knowingly makes any contribution of money or other thing
alling
of value, or promises expressly or impliedly to make any such contri-
nt or
bution, in connection with an election to any political office or in con-
stract
nection with any primary election, convention, or caucus held to select
build-
candidates for any political office; or
ed by
Whoever knowingly solicits, accepts, or receives any such contribu-
gotia-
tion from any such foreign national, shall be fined not more than
$25,000 or imprisoned not more than 5 years or both.
As used in this section, the term "foreign national" means
act or
(1) a foreign principal, as such term is defined by section 1 (b)
build-
of the Foreign Agents Registration Act of 1938 (22 U.S.C.
§ 611 (b) except that the term "foreign national" shall not in-
other
clude any individual who is a citizen of the United States; or
to any
(2) an individual who is not a citizen of the United States and
didate
who is not lawfully admitted for permanent residence, as defined
use;
by section 101 (a) (20) of the Immigration and Nationality Act
(8 U.S.C. § 1101 (a) (20))
such
§ 614. Prohibition of contributions in name of another
than 5
(a) No person shall make a contribution in the name of another
person or knowingly permit his name to be used to effect such a con-
hment
tribution, and no person shall knowingly accept a contribution made
sepa-
by one person in the name of another person.
for the
(b) Any person who violates this section shall be fined not more
of any
than $25,000 or imprisoned not more than 1 year, or both.
is title
§ 615. Limitation on contributions of currency
of, or
(a) No person shall make contributions of currency of the United
as the
States or currency of any foreign country to or for the benefit of any
candidate which, in the aggregate, exceed $100, with respect to any
52
campaign of such candidate for nomination for election, or for elec-
tion, to Federal office.
(b) Any person who violates this section shall be fined not more
than $25,000 or imprisoned not more than 1 year, or both.
§ 616. Acceptance of excessive honorariums
Whoever, while an elècted or appointed officer or employee of any
branch of the Federal Government-
(1) accepts any honorarium of more than $1,000 (excluding
amounts accepted for actual travel and subsistence expenses) for
any appearance, speech, or article; or
§
(2) accepts honorariums (not prohibited by paragraph (1) of
this section) aggregating more than $15,000 in any calendar year;
shall be fined not less than $1,000 nor more than $5,000.
§ 617. Fraudulent misrepresentation of campaign authority
Whoever, being a candidate for Federal office or an employee or
agent of such a candidate-
(1) fraudulently misrepresents himself or any committee or
organization under his control as speaking or writing or other-
wise acting for or on behalf of any other candidate or political
party or employee or agent thereof on a matter-which is damag-
ing to such other candidate or political party or employee or agent
thereof; or
(2) willfully and knowingly participates in or conspires to
participate in any plan, scheme, or design to violate paragraph
(1) ;
shall, for each such offense, be fined not more than $25,000 or impris-
oned not more than 1 year, or both.
B
TITLE 5. UNITED STATES CODE
CHAPTER 73-SUITABILITY, SECURITY, AND CONDUCT
SUBCHAPTER III-POLITICAL ACTIVITIES
Sec.
7321. Political contributions and services.
7322. Political use of authority or influence; prohibition.
7323. Political contributions; prohibition.
7324. Influencing elections; taking part in political campaigns; prohibitions; exceptions.
7325. Penalties.
7326. Nonpartisan political activity permitted.
7327. Political activity permitted; employees residing in certain municipalities.
§ 7321. Political contributions and services
The President may prescribe rules which shall provide, as nearly as condi-
tions of good administration warrant, that an employee in an Executive
agency or in the competitive service is not obliged, by reason of that
employment, to contribute to a political fund or to render political service,
and that he may not be removed or otherwise prejudiced for refusal
to do so.
§ 7322. Political use of authority or influence; prohibition
The President may prescribe rules which shall provide, as nearly as condi-
tions of good administration warrant, that an employee in an Executive
agency or in the competitive service may not use his official authority or
influence to coerce the political action of a person or body.
§ 7323. Political contributions; prohibition
An employee in an Executive agency (except one appointed by the Presi-
dent, by and with the advice and consent of the Senate) may not request
or receive from, or give to, an employee, a Member of Congress, or an
officer of a uniformed service a thing of value for political purposes. An
employee who vioiates this section snall be removed from the service.
$ 7324. Influencing elections; taking part in political campaigns; prohibi-
tions; exceptions
(a) An employee in any Executive agency or an individual employed by
the Government of the District of Columbia may not-
(1) use his official authority or influence for the purpose of interfering
with or affecting the result of an election; or
(2) take an active part in political management or in political cam-
paigns.
For the purpose of this subsection, the phrase "an active part in political
management or in political campaigns" means those acts of political man-
agement or political campaigning which were prohibited on the part of
employees in the competitive service before July 19, 1940, by determina-
tions of the Civil Service Commission under the rules prescribed by the
President.
(b) An employee or individual to whom subsection (a) of this section
applies retains the right to vote as he chooses and to express his opinion
6
on political subjects and candidates.
(c) Subsection (a) of this section does not apply to an individual
employed by an educational or research institution, establishment, agency,
or system which is supported in whole or in part by the District of Colum-
bia or by a recognized religious, philanthropic, or cultural organization.
(d) Subsection (a)(2) of this section does not apply to-
(1) an employee paid from the appropriation for the office of the
President;
(2) the head or the assistant head of an Executive department or
military department;
(3) an employee appointed by the President, by and with the consent
of the Senate, who determines policies to be pursued by the United
States in its relations with foreign powers or in the nationwide admin-
istration of Federal laws;
(4) the Commissioners of the District of Columbia; or
(5) the Recorder of Deeds of the District of Columbia.
§ 7325. Penalties
An employee or individual who violates section 7324 of this title shall be
removed from his position, and funds appropriated for the position from
which removed thereafter may not be used to pay the employee or indi-
vidual. However, if the Civil Service Commission finds by unanimous vote
that the violation does not warrant removal, a penalty of not less than
30 days' suspension without pay shall be imposed by direction of the
Commission.
§ 7326. Nonpartisan political activity permitted
Section 7324 (a)(2) of this title does not prohibit political activity in con-
nection with-
(1) an election and the preceding campaign if none of the candidates
is to be nominated or elected at that election as representing a party
any of whose candidates for presidential elector received votes in the
last preceding election at which presidential electors were selected; or
(2) a question which is not specifically identified with a National or
State political party or political party of a territory or possession of the
United States.
For the purpose of this section, questions relating to constitutional amend-
ments, referendums, approval of municipal ordinances, and others of a
similar character, are deemed not specifically identified with a National
or State political party or political party of a territory or possession of the
United States.
$ 7327. Political activity pemitted; employees residing in certain munici-
palities
(a) Section 7324 (a)(2) of this title does not apply to an employee of
The Alaska Railroad who resides in a municipality on the line of the rail-
road in respect to political activities involving that municipality.
(b) The Civil Service Commission may prescribe regulations permitting
employees and individuals to whom section 7324 of this title applies to
take an active part in political management and political campaigns involv-
ing the municipality or other political subdivision in which they reside,
7
to the extent the Commission considers it to be in their domestic interest,
when—
(1) the municipality or political subdivision is in Maryland or Virginia
and in the immediate vicinity of the District of Columbia, or is a munici-
pality in which the majority of voters are employed by the Government
of the United States; and
(2) the Commission determines that because of special or unusual
circumstances which exist in the municipality or political subdivision
it is in the domestic interest of the employees and individuals to permit
that political participation.
8
1001 OF LIBEARY
C
CODE OF FEDERAL REGULATIONS
Title 5
ADMINISTRATIVE PERSONNEL
(6) Attend a political convention, rally,
fund-raising function; or other political gath-
PART 733-POLITICAL ACTIVITY OF
ering;
FEDERAL EMPLOYEES
(7) Sign a political petition as an in-
dividual;
(8) Make a financial contribution to a
Subpart A The Competitive Service
political party or organization;
GENERAL PROVISIONS
(9) Take an active part, as on independ-
§ 733.101 Definitions.
ent candidate, or in support of on independ-
In this subpart:
ent candidate, in a partisan election covered
(a) "Employee" means an individual who
by § 733.124:
occupies a position in the competitive service;
(10) Take an active part, as a candi-
(b) "Agency" means an executive agency
date or in support of a candidate, in a non-
and the government of the District of Columbia;
partisan election;
(c) "Political party" means a National
(11) Be politically active in connection
political party, G State political party, and an
affiliated organization;
with a question which is not specifically
identified with a political party, such as a
(d) "Election" includes primary, special,
constitutional amendment, referendum, approval
and general election;
(e) "Nonpartison election" means-
of a municipal ordinance or any other question
or issue of a similar character;
(1) An election at which none of the candi-
(12) Serve as an election judge or clerk,
dates is to be nominated or elected as repre-
or in a similar position to perform nonpartisan
senting a political party any of whose candi-
duties as prescribed by State or local law;
dates for presidential elector received votes
and
in the last preceding election at which presi-
dential electors were selected; and
(13) Otherwise participate fully in public
(2) An election involving a question or
affairs, except as prohibited by law, in a
issue which is not specifically identified with
manner which does not materially compromise
a political party, such as a constitutional
his efficiency or integrity as an employee or
amendment, referendum, approval of a municipal
the neutrality, efficiency, or integrity of
his agency.
ordinance, or any question or issue of G similar
(b) Paragraph (a) of this section does
character; and
not authorize an employee to engage in politi-
(f) "Partisan" when used as an adjective
cal activity in violation of law, while on duty,
refers to a political party.
or while in a uniform that identifies him as an
employee. The head of an agency may prohibit
or limit the participation of an employee or
class of employees of his agency in an activity
PERMISSIBLE ACTIVITIES
permitted by paragraph (a) of this section,
$ 733.111 Permissible activities.
if participation in the activity would ihterfere
(a) All employees are free to engage in
with the efficient performance of official duties,
political activity to the widest extent consis-
or create a conflict or apparent conflict
tent with the restrictions imposed by law and
of interests.
this subpart. Each employee retains the right
Febs
to-
(1) Register and vote in any election;
(2) Express his opinion as an individ-
ual privately and publicly on political subjects
PROHIBITED ACTIVITIES
and candidates;
§ 733.121 Use of official authority; prohibition.
(3) Display a political picture, sticker,
An employee may not use his official
badge, or button;
authority or influence for the purpose of inter-
(4) Participate in the nonpartisan acti-
fering with or affecting the result of an election.
vities of a civic, community, social, labor,
or professional organization, or of a similar
organization;
§ 733.122 Political management and political
(5) Be a member of a political party or
campaigning; prohibitions.
other political organization and participate
(a) An employee may not take an active
in its activities to the exter:t consistent
part in political management or in a political
with law;
campaign, except as permitted by this subpart.
GC 41
FEBRUARY 1972
(b) Activities prohibited by paragraph
railroad in respect to political activities involv-
(a) of this section include but are not limited to-
ing that municipality;
(1) Serving as on officer of a political
(3) Subject to the conditions of section
party, a member of a National, State, or local
733.124, an employee who resides in a munici-
committee of a political party, on officer or
polity or other political subdivision designated
member of a committee of a partisan political
by the commission under that section; or
club, or being a candidate for any of these
(4) An employee who works on on irregular
positions;
or occasional basis, on the days that he per-
(2) Organizing or reorganizing a political
forms no services.
party organization or political club;
(3) Directly or indirectly soliciting, receiv-
ing, collecting, handling, disbursing, or ac-
counting for assessments, contributions, or
other funds for a partisan political purpose;
733.124 Political management and political
campaigning; exception of certain
(4) Organizing, selling tickets to, pro-
elections.
moting, or actively participating in a fund-
(a) Section 733.122 does not prohibit
raising activity of a partisan candidate, politi-
activity in political management or in a political
cal party, or political club;
campaign by an employee in connection with -
(5) Taking an active part in managing
(1) A nonpartisan election, or
the political campaign of a partisan candidate
(2) Subject to the conditions and limitations
for public office or political party office;
established by the Commission, on election held
(6) Becoming a partisan candidate for,
in a municipality or political subdivision desig-
or campaigning for, an elective public office;
nated by the Commission under paragraph (b) of
(7) Soliciting votes in support of or in
this section.
opposition to a partisan candidate for public
(b) For the purpose of subparagraph (2) of
office or political party office;
paragraph (a) of this section, the Commission
(8) Actingo recorder, watcher, challenger,
may designate a municipality or political sub-
or similar officer at the polls on behalf of a
division in Maryland or Virginia in the im-
political party or partisan candidate;
mediate vicinity of the District of Columbia
(9) Driving voters to the polls on behalf of
or a municipality in which the majority of voters
a political party or partisan candidate;
are employed by the Government of the United
(10) Endorsing or opposing a partisan can-
didate for public office or political party office
States, when the Commission determines that,
because of special or unusual circumstances, it
in a political advertisement, a broadcast, cam-
paign literature, or similar material;
is in the domestic interest of employees to par-
ticipate in local elections. Information as to
(11) Serving as a delegate, alternate, or
the documentation required to support a request
proxy to a political party convention;
for designation is furnished by the Commission
(12) Addressing a convention, caucus,
on request. The Commission has designated the
rally or similar gathering of a political party in
following municipalities and political sub-
support of or in opposition to a partisan can-
didate for public office or political party office;
divisions, effective on the date specified:
and
IN MARYLAND
(13) Initiating or circulating a partisan
Annapolis (May 16, 1941).
nominating petition.
Berwyn Heights (June 15, 1944).
Bethesda (Feb. 17, 1943).
Bladensburg (Apr. 20, 1942).
Bowie (Apr. 11, 1952).
§ 733.123 Prohibited activity; exception of
Brentwood (Sept. 26, 1940).
certain employees.
Capitol Heights (Nov. 12, 1940).
(a) Sections 733.121 and 733.122 do not
Cheverly (Dec. 18, 1940).
apply to an employee of an educational or re-
Chevy Chase, sections 1 and 2 (Mar. 4, 1941).
search institution, establishment, agency, or
Chevy Chase, section 3 (Oct. 8, 1940).
system which is supported in whole or in part
Chevy Chase, section 4 (Oct. 2, 1940).
by the District of Columbia or by a recognized
Martin's Additions 1, 2, 3, and 4 to Chevy Chase
religious, philanthropic, or cultural organization.
(Feb. 13, 1941).
(b) Section 733.122 does not apply to -
Chevy Chase View (Feb. 26, 1941).
(1) An individual exempted under section
College Park (June 13, 1945).
7324(d) of title 5, United States Code;
Cottage City (Jan. 15, 1941).
FORM
(2) An employee of The Alaska Railroad
District Heights (Nov. 2, 1940)
who resides in a municipality on the line of the
Edmonston (Oct. 24, 1940).
STATE
LIMBADY
Fairmont Heights (Oct. 24, 1940).
Port Orchard, Wash. (Feb. 27, 1946).
Porest Heights (April 22, 1949).
Shrewsbury Township, N. J. (July 2, 1968).
Garrett Park (Oct. 2, 1940).
Sierra Vista, Ariz. (Oct. 5, 1955).
Glenarden (May 21, 1941).
Warner Robins, Go. (Mar. 19, 1948).
Glen Echo (Oct. 22, 1940).
Greenbelt (Oct. 4, 1940).
(c) An employee who resides in a munici-
Hyattsville (Sept. 20, 1940).
pality or political subdivision listed in para
Kensington (Nov. 8, 1940).
graph (b) of this section may take an active part
Landover Hills (May 5, 1945).
in political management and political campaigns
Montgomery County (April 30, 1964).
in connection with partisan elections for local
Morningside (May 19, 1949).
offices of the municipality or political sub-
Mount Rainier (Nov. 22, 1940).
division, subject to the following limitations:
North Beach (Sept. 20, 1940).
(1) Participation in politics shall be as an
North Brentwood (May 6, 1941).
independent candidate or on behalf of, or in
North Chevy Chase (July 22, 1942).
opposition to, an independent candidate.
Northwest Park (Feb. 17, 1943).
(2) Candidacy for; and service in, an
Prince Georges County (June 19, 1962).
elective office shall not result in neglect of or
Riverdale (Sept. 26, 1940).
interference with the performance of the duties
Rockville (April 15, 1948).
Seat Pleasant (Aug. 31, 1942).
of the employee or create a conflict, or apparent
Somerset (Nov. 22, 1940).
conflict, of interests.
Takoma Park (Oct. 22, 1940).
University Park (Jan. 18, 1941).
Subpart B-The Excepted Service
Washington Grove (April 5, 1941).
§ 733.201 Jurisdiction.
Sections 733.111-733.124 apply to an em-
IN VIRGINIA
ployee in the excepted service. It is the respon-
Alexandria (April 15, 1941).
sibility of the employing agency to investigate
Arlington County (Sept. 9, 1940).
and decide allegations of prohibited political
Clifton (July 14, 1941).
activity on the part of such an employee.
Fairfax County (Nov. 10, 1949).
Town of Fairfax (Feb. 9, 1954).
Falls Church (June 6, 1941).
Subpart C- The Job Corps
Herndon (April 7. 1945)
733.301 Curelage
Loudoun County (Oct. 1, 1971).
Portsmouth (Feb. 27, 1958).
This subpart applies to each officer, em-
Prince William County (Feb. 14, 1967).
ployee, and enrollee of the Job Corps estab-
Vienna (March 18, 1946).
lished by the Economic Opportunity Act of 1964,
as amended, who is alleged to have engaged in`
political activity in violation of that act.
OTHER MUNICIPALITIES
Anchorage, Alaska (Dec. 29, 1947).
Subport D- The U. S. Postal Service
Benicia, Calif, (Feb. 20, 1948).
Bremerton, Wash. (Feb. 27, 1946).
733.401 Jurisdiction.
Centerville, Ga. (Sept. 16, 1971).
Sections 733.111 -733.124 apply to an em-
Crane, Indiana (Aug. 3, 1967).
ployee of the U. S. Postal Service. By agree-
Elmer City, Wash. (Oct. 28, 1947).
ment with this agency, the Civil Service Com-
Huachuca City, Ariz. (April 9, 1959).
mission investigates and adjudicates an
New Johnsonville, Tenn. (April 26, 1956).
allegation of political activity in violation of
Norris, Tenn. (May 6, 1959).
these sections by a covered agency employee.
Incomin
Corres.
Keep
Seperat