Appendix — Buckley v. Valeo

Supreme Court brief1976

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IN THE

: C AK ja. C.cF¢

Supreme Court of the United Bites

OCTOBER TERM, 1975

Nos. and

JAMES L. BUCKLEY, et al

FRANCIS R. VALEO, et al

ippellees

ON APPEAL FROM THE

UNITED STATES COURT OF APPEALS FOR THE DIS-

TRICT OF COLUMBIA CIRCUIT AND THE UNITED STATES

DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

JOINT APPENDIX (VOL. IID)

STATUTES

BRICE M. CLAGETT

JOHN R. BOLTON

888 Sixteenth Street, N.W

Washington, D.C. 20006

RALPH K. WINTER, JR.

127 Wall Street

New Haven, Connecticut 06520

MELVIN L. WULF

JOEL M. GORA

American Civil Liberties Union

22 East 40th Street

New York, New York 10016

Attorneys for Appellants

meme nena

FEDERAL ELECTION CAMPAIGN LAWS

Compiled by the

SENATE LIBRARY

Under the Direction of

FRANCIS R. VALEO

SECRETARY OF THE SENATE

ROGER K. HALEY

SENATE LIBRARIAN

PATRICK T. ORTIZ

COMPILER

For the

SUBCOMMITTEE ON

PRIVILEGES AND ELECTIONS

of the

COMMITTEE ON

RULES AND ADMINISTRATION

UNITED STATES SENATE

JANUARY 1975

Printed for the use of the Office of the Secretary of the Senate

U.S. GOVERNMENT PRINTING OFFICE

43-052 WASHINGTON : 1975

For sale by the Superintendent of Documents, U.S. Government Printing Office

Washington, D.C., 20402 - Price $1.30

Stock Number 052-070—-02726

PREFACE

Over the last several years, far-reaching changes have been made in

the laws affecting Federal elections and election campaign practices.

These reforms, because they touch on so many varied aspects of the

electoral process, are only to be found scattered among the different

titles of the United States Code, among the volumes of the United

States Statutes at Large, or in recent slip laws.

The Senate Committee on Rules and Administration perceived the

need and usefulness of a small pamphlet that could present to candi-

dates for Federal office the most pertinent of these new laws in a single

compilation and in the most up-to-date form. The Committee accord-

ingly requested the Office of the Secretary of the Senate to prepare

such a booklet in order that candidates might be better able to deter-

mine and meet the requirements demanded by current legislation.

This document is, therefore, a compilation of Federal election cam-

paign laws, gathered together in a codified form. This style was

adopted because it was considered the most suitable for presenting

the laws in the most timely manner, unhampered by provisions that

have been repealed or are otherwise irrelevant. The citations to the

United States Code have been retained in order to facilitate cross-

references among this pamphlet, the United States Code, and the

United States Code Annotated.

Users of this compilation should be aware that many terms relating

to elections (such as “election,” “candidate,” “contribution,” “expendi-

ture,” etc.) are used repeatedly in the law, but are frequently rede-

fined from title to title. Thus, the meaning of a particular term may

not be consistent throughout this pamphlet. Care should be exercised

to check for the definitions provided in any given title or section.

It should also be understood that the omission of any section or

sections from the numerical sequence indicates that the content of the

missing part is irrelevant to the purposes of this compilation, that

the section has been repealed, or that the section number does not

exist at the present time.

Every effort has been made to incinde the most recent legislation

on elections, especially the Federal Election Campaign Act of 1971

(P.L. 92-225) and the Federal Election Campaign Act Amendments

of 1974 (P.L, 93-443). A number of other important election laws are

also included, such as the Hatch Act and the relevant sections of the

Communications Act of 1934, both as most recently amended.

Generally, the Federal Election Campaign Act Amendments of

1974 became effective January 1, 1975. Those provisions, however,

dealing with the effect on State law became effective October 15, 1974,

while those amending Title 26 apply with respect to taxable years be-

ginning after December 31. 1974.

This compilation can be regarded as comprehensive and accurate as

of the end of the Ninety-third Congress in December 1974. The com-

piler was Patrick T. Ortiz, Reference Assistant on the staff of the

Senate Library.

Francis R. Varro,

Sec retary of the Senate.

(111)

CONTENTS

TITLE 2. THE CONGRESS

Chapter 1—Election of Senators and Representatives

an, a eee ee rr or rr... eeeeenmaseneamees

Sec. la. Election to be certified by Governor__.___..-.......-.-.---

Sec. 1b. Same; countersignature by Secretary of State.........._

SF EES NEN ea

— ——

Sec. 9. Voting for Represetnatives._..........___-

Chapter 12—Contested Elections

Sec. 382. Notice of contest

(a) Filing of notice... _____.___ a

(b) Contents and form of notice

Sec. 353. Response of contestee____

I i A a

(b) Defense by motion prior to answer __..._.....---------- ~

(d) Time for serving answer after service of motion ___-~—- —

Sec. 384. Service and filing of papers other than notice of contest—_—-

Ee Ee

BR Ee

EF EE een ee NaN —

a, Ge, ee Or Ge... c ccecuccccuaneeenececsenseneausnee

ER ERE ee a eRe ee ree —

TL RA AE LOR RE Te a

Cr ee Gee Ln. enimioaidin aisha

(d) Officer before whom testimony may be taken _....-.---~----

660 Te nonccnesnsudsnmmenenennasesesasasenseegeceeces

(f) Taking of testimony by party or his agent__.....----- jain

(g) Conduct of examination; recordation of testimony; notation

of objections: interrogatories__...........-..--~--- em

(h) Examination of deposition by witness; signature of witness

2 Ge Ce Or ns cn cnneduanaanmenenee .

Ue, Sie ee Ce . ccccccncscoescesoansessoensscecesce

(a) “eee GaP COOTER: GETTER. coccccccccesccesseceseees sa item

(b) Testimony by stipulation___....---- incaiaitllalietiieioaceae acta acta

(¢) Testimony by affidavit: time for filing.......---- anes ee

Sec. 388. Subpena for attendance at deposition__.....-.~-~- nianawnuee

I lt ts aa

(b) Tie, method and proof cf service__._._---------- a

Sob ee Gr Ce. .. netncncamennennmeeennues si hicaieadl

SSE Sere eee ee a

Sec. 389. Office and witness fees____.......---_-------

Se inne - —

(a) Sealing of papers: deposit with clerk._.......--~----

(b) Notification of filing_....-....------ EeEEeseERSoSeeee:

(Vv)

Page

Owe wlctctic to

Ct de de be he he ee oe OD

~\s

aot eet Mot at me |

a ee nce eR een

Chapter 12—Contested Elections—Continued

sec.

Sec. ¢

Sec.

Sec

Sec.

SED. RUGNNG cccccencccenesscscnscesasassasaseseseaccsssecese

(a) Hearing on papers, depositions and exhibits............-.-

OO ee

(ie) Aunends Ge eumbesteds GENE ..ccececesccusscenscocecccese

(d) Contestant’s brief; service on contestee...........----.----

(e) Contestee’s brief; service on contestant............~--. _—

Ne OEE

(8) Form of briefs; number of copies served and filed.....~--

03. Filing of pleadings, motions, depositions, appendixes, briefs

ORG GENSP PERE Rccccccesccccccesccessesecesessosssesce

gg (eee —

Gd Ts Ge Ge Gen ccaconccuccussscusesnsccenecrs

ry nn

C20 Be. Ge GR pcccocecseecuressasencenneeneucnsee

¥5. Death of contestant..........-.-. Minpantnbaiouesseeenans

, SG. ABowaence of pasty’s CRMUNNOR..<ccccccccceccesceeccececcess

Chapter

sec.

Sec.

14—Federal Election Campaigns

452. Organization of political committees..............--.-----

(a) Chairman; treasurer; vacancies; official authorizations—-—-—-—

(by Account of contributions ; segregated funds__......------~--

Ce PEED encdunnnansemnneeeenudetnasnenanbooun —

Ce ens SUD = wccnsesneneesessonneunnssaueeeusce

(f) Principal campaign committee; reports, filing...........---

«. 433. Registration of political committees_._.......-..-..-...---

(a) Statements of organization..........-..-- Wass leETeese

FOOL

(e) EnGereation chemgee: enett....ccceqcecccccecceseaseonssce

(d) Disbanding of political committees or contributions and ex-

penditures below prescribed ceiling: notice._.........--~-

(e) Committees other than principal campaign committee ; filing

1 GEES cenucccassncesneesasedsesanennansaneaneese

i tie acl tliat taiiaiaeeiieia nian

(a) Receipts and expenditures ; completion date, exception ____-_-

Se Ge Gr Gn... eeennneanebabnene

changed items carried forward; statement of inactive

SEE ccm tnetindai

(d) Members of Congress, reporting 0

(e) Contributions or expenditures by person other than political

See GP GR canenencnenaseesennenssesesusaess

435. Requirements relating to campaign advertising.........--~-

436. Formal requirements respecting reports and statements-- - -

TO) GOS Be ile cocapensseeeataonecsecamnnsennenee —

(b) Waiver of reporting requirements_............------------

SS GE GSE So ccecencusaserenneeseneshon

BR ee eee

c. 437. Reports on convention financing...............-.---.----.

‘, 437a. Reports by certain persons..............----------------

i. Gao CRE GHRRIINIINR.. .cccccaccccccscsesosessscesocesce

. 45 37. Federal Election Commission.............---.-----------

ST. Powers I

°, sia Pema, Alm re a a a a nT a Te

ec. 438. Administrative and judicial provisions._...........-.-~--

SE) GD aneccncesse eee eNN ‘

Eee BD cancnecenasoeusneeennnnaeemanenseeooons

(2) Manual for uniform bookkeeping and report! ng

PTE ‘ncansnnceemeeumeneeimnbeeawnios

(3) Filing, coding, and cross-indexing system... ______

(4) Public inspection; copies; sale or use re strict ions

(5) Preservation of reports and statements-

sa]

FTF TF eteletol

Bet et et ee et et

= ohm whe = Co GO Se SS SH AS ES *

Chapter 14—Federal Eelection Campaigns—Continued

Sec, 488. Administrative and judicial provisions—Continued

(a) Duties—Continued

(6) Index of reports and statements; publication in Fed-

8 EE een

(7) Special reports, publication..........----~-~- =

> eee eee... .ceneeneetineenenenn

(9) Enforcement authorities; reports of violations_—---

DG Ee

(b) Commission: duties; national clearinghouse for informa-

tion: studies, scope, publication, copies to general public

aD te iinet mastpomel

(d) Rules and regulations: Congressional cooperation____..---~-

Sec. 439. Statements filed with State officers__...........--.--------

(a) “Appropriate State” defined__.........-.------- enna

Cae Se Gr ee ncn eendnnnaenanneaseenneeunen

Sec. 439a. Use of contributed amounts for certain purposes_-_----- —_

Sec. 439b. Prohibition of franked solicitations...............-------

Sec. 439¢. Authorization of appropriations._.............---.------~-

Ron, GS5, > ee er Gee... nc eneemeneseeeeneuee

Sec. 442. Authority to procure technical support and other services

and incur travel expenses; payment of such expenses_-_-_-

See, 451. Extension of credit by regulated industries; refulations_-

Sec. 452. Prohibition against use of certain Federal funds for election

Se, Gin ncccanneeenewecsnennanareeoenen

. & § ¢o § -) eH one

or Ga, ee. Se... a cenieneeenenennee

Sec. 456. Additional enforcement authority._._...........-..-.-------

TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES

Chapter 15—Political Activity of Certain State and Local Employees

Sec.

Tt) DD onasenenanuseeeeuneeseounnaeupEanewEnecees

1502. Influencing elections; taking part in political campaigns ;

Se Ge. .concuneesnsesautseeaneeenase

. 1508. Nonpartisan candidacies permitted____.......-.-.-------

*, 1504. Investigations; notice of hearing...............-----~----

*, 1505. Hearings; adjudications; notice of determinations____-~---

*, 1506. Orders ; withholding loans or grants; limitations_-—-_- ——

> Bae. DOS GH GSE cn cc nccccnnesceeeusesceseccoes

EEE EAT Ta ARLE Te

TITLE 18. CRIMES AND CRIMINAL PROCEDURE

301. Definitions ..................-... caieinineaaiabihaidbmuaeeinns nepteeeiniaen

> ny Gn (nn. ..n ee cneanennneunenaauunetasennsnnesues

593. Interference by armed forces_______..-..--.--------------

> FF == ¢ Seen

. 595. Interference by administrative employees of Fe deral, State,

or Territorial EET Aa eR

Ss 8. ££ ff ee aieeainessibimanendiiaaaes

», 507. Expenditures to influence votinz__---

. 59S. Coercion by means of relief appropriations__........- ~~ ‘

5. Promise of appointment by candidate__._........--.------

«, 600, Promise of employment or other benefit for political activity—

«, GOL. Deprivation of employment or other benefit for political

. 602. Solicitation of political contributions................--. ~~

> Se ee Gee ee... eineeenannemeeneses

». 604. Solicitation from persons on relief..............----.-___-

». 605. Disclosure of names of persons on relief.....~-_-

*, 606. Intimidation to secure political contributions__........_-_--

. 607. Making political contributions...................--.-----

1 Sec. 440 was stricken from the United States Code by P.L. 93-443. Its provisions are

now ¢

overned by 18 U.S.C, § 614

Vill

Chapter 29—Elections and Political Activities—Continued

ee ee

oe em em ee ee ee eee ewe

(d) Adjustment of limitations based on price index .__._________

(e) Expenditures relative to clearly identified candidate

(f) Exceptions for National and State committees__..___________

(g) Voting age population estimates__.......-..----.---

BP TERE eee a en ee

i? PD cvecneunsaceididecenensedsoanncsmenneneenubeoennn

Ry I a ica a ak

Sec. 610. Contributions or expenditures by national banks, corpora-

tions or labor organizations.....................-..._-

Sec. 611. Contributions by Government contractors; separate segre-

gated funds of corporation or labor organization... ____

Sec. 612. Publication or distribution of political statements_________

Sec. 613. Contributions by foreign nationals.......__-___________

Sec. 614. Prohibition of contributions in name of another_...__..___

Sec. 615, Limitation on contributions of currency.........-.----_-_-

Sec. 616. Acceptance of excessive honorariums_...__.._..-________

Sec. 617. Fraudulent misrepresentation of campaign authority... _-

TITLE 26. INTERNAL REVENUE CODE

Chapter 1, Subchapter A, Part 1V—Credits Against Tax

Sec. 41. Contributions to candidates for public office._........______

a St [on cennnemeinaeentidendntnainticeieninmnn

FSR AR

(2) Application with other credits.........._.________

BREE EN ES ea I eI

De i citric rene ricieiinenitenee

eR 0 fee

(3) National political party_....................._.__-

Be ean

(5) Newsletter fund contribution..........-__________

pete 1, Subehapter B, Part Il—Items Specifically Included in Gross

ncome

Sec. 84. Transfer of appreciated property to political organizations__

TEL AALS SL LEE ELD

..)0Cl UL il ner eae

Chapter 1, Subchapter B, Part VII—Additional Itemized Deductions for

Individuals

Sec. 218. Contributions to candidates for public office.__..._________

(a) Allowance of deduction.............-.-.2-- ccc c coun eee

TLS TES eae mn

Chapter 1, Subchapter B, Part IX—Items Not Deductible

Sec. 271. Debts owed by political parties, ete

Sf REE OSE

(b) Definitions

lieth ee e

elite tee ee

eee eee ee em ee ee ee eee ee

See ee eR eH eee em ee meee meee eee

ee Om me Ree mee Oe ee ee ee eee ee ee eee eee

(2) Contributions

(3) Expenditures

ee ee eee ee eee eee

= ee ee

Chapter 1, Subchapter B, Part IX—Items Not Deductible—Continued

Sec, 276. Certain indigect contributions to political parties......-~--

(a) Disallowance of deduction__.......-----------------------

(b) Definitions ..................----..----..~----------------

(1) Political party................-------.-.---------

(2) Proceeds inuring to or for the use political candi-

Chapter 1, Subchapter F—Exempt Organizations

Sec, 527. Political organizations............-.-.-..--.---.----------

(a) Generel FilO. ccccocccccconcccecccncccceescesescessecescsse

ie 2

(2) Em memetel ccccecccccccccccceececcscccsoescceecse

(2) Alternative tax in case of capital gains......------

(1) Taxable income defined...........-----------.- —_—

. 0D

(3) Exempt function income_....-~..------------------

(ad) Certain uses not treated as income to candidate._....------

: (e) Other definitions. ............<..-.-<ccccenn neo e-- ooo enon

(1) Political ormanigations....cccccccen-ncne-coccccce

. (2) Buempt function..............c<-ccces co eeeeeeee

(3B) -CemeseeeRieNS cocccuccocccoceccececcescescosescce

(4) Expenditures .........-....-.....----------------

(f) Exempt organization which is not political organization must

include certain amounts in gross income___---------------

Oy . ee

(2) Net investment income...........-.-.-.---.---.---

(3) Certain separate segregated funds.._....-.--------

(zg) Treatment of newsletter funds_......--.-----------------

C2) Em MemetO) ccccccccccccccccecccccceccces+ccececes

(2) Additional modifications. _.......-.---------------

Chapter 12—Gift Tax

Sec, 2501. Imposition of tax. ...-.-.--------------------------------

(a) Taxable transfers..........------------------------------

(1) General rule............---.--..-.----------------

* * * . 7 . -

(5) Transfers to political organizations__.......-------

7. 7 . * . .

Chapter 61, Part II, Subpart B—Income Tax Returns

Sec, 6012. Persons required to make returns of income__.....----~--

(a) General rule_........---.----------------------------+-----

* - = - 7 7

Chapter 61, Part VIII—Designation of Income Tax Payments to Presi-

dential Election Campaign Fund

Sec. 6006. Designation by individuals.....-..----------------------

(a) In general._..............---..-.--------- = == + -- 2 ==

(db) Income tax Mability.............--<<<<--2000-0-ceooe----e

Chapter 95—Presidential Election Campaign Fund

: Bee, GESE, Gest Wii ccccccccawcencecnnccqsecccencssscsesessssess

Bec, S668. DePnitions..cocccnccccceccccccccceccccssccesceccesecece

Sec, 9003. Condition for eligibility for payments........--.---------

OO) OO EE

(>) Major partios...........-. ee cc ewww occcccccceeesooe------

(e) Miner and new parties........~-c0cecnnnnnncencoccccesccese

Sec, 9004. Entitlement of eligible candidates to payments........----

(0) BD BIRGER eoccuccccocccocccesscocecoussceseeseccocesesese

())) I eee

(6) DSTI cn cocccccooeeeooceseooncuscosesnceseanssense

Chapter

Sec.

Sec

Sec,

Sec

- ny Tl’.

«, DOORS. Eligibility for pavments

. 9055, Qualifiel campaign expense limit tio:

v5—Presidential Election Campaign Fund—Continued

9005. Certification by Commission._...-.~.. itenadesenenneuae

(a) Initial certifications..........<cncccc<ecss a SIRS i

(b) Finality of certifications and determinations__._....._______

-c. K0U6, Payments to eligible candidates_._.........------

(a) Establishment of campaign fund................_________

(b) Transfer to the general fund............_..__._.______

. 9007. Examinations and audits; repayments__......___________

(a) Examinations and audits......................______._.___

PE I a Le ee Oe ae

—% | nS Ae a EERE

(3) Payments

(4) Limitation

D itetietietietie tie et ee

einai

t's _ — hit hase neti aie

(3) Exception

(b) Suits to implement chapter

O12. Criminal penalties

(a) Excess expenses

(hb) Contributions _....._

(d) False statements, etc_..... ss

lential Primary Matching Parment Account

9031. Short title___

1032. Definitions

fa) Conditions___

' - ° ° ye 7 .

(ib) Expense limitation: de: tir fi ‘nt; mini il

tions ' ; declaration of inte nt: minimum contribu-

W034. Entitlement of eligibility candidates to payments

(a) In general

(t)) Limitations

tlolctoi-—

-~1rrlelte

de wo ow SU

Chapter

Sec.

95—Presidential Election Campaign Fund—Continued

9036. Certification by Commission._..-.-----------------------

(a) Initial certifications...............................-------

(b) Finality of determinations_-_-~-~---------------------------

9037. Payments to eligible candidates__------------~------------

(a) Establishment of account. ..~-~----

(b) Payments from the matching payment account-------------

9038. Examinations and audits; repayments__----------------

(a) Examinations and audits...........................- —

(b) Repayments ----~--- soscsencinneetiipseebandnensnaninnedimannasianibaaii ae

oe aa “e

(d) Deposit of repayments_...-.-----------------------------

9039. Reports to Congress; regulations__----------------------

(a) Reports ....-...-..-----.--~---~-~.---------------- ——

(b) Regulations, ete_...............--.--------------------<--

(ce) Review of reguiations.............-.--

- 440. Participation by Commission in judicial proceedings—---~--~-

(a) Appearance by counsel_-__.....----------------------------

(b) Recovery of certain payments_...-.----------------------

(ce) Injunctive relief....................-.--

(d) Appeal .......-..--.----.-..-------------------~--------

9041. Judicial review. .------ a

(a) Review of agency action by the Commission__--------------

(042. Criminal penalties__.......--~--- Re mink ereen ene eee ne

(a) Excess campaign expenses__

(b) Unlawful use of payments__-.-...~.-.----------------------

(ce) False statements, etc............................------ -_

(d) Kickbacks and illegal paymenuts__..----~~-----------------

TITLE 39. POSTAL SERVICE

Chapter 32—Penalty and Franked Mail

Sec. 3210. Franked mail transmitted by the Vice President, Members

of Congress, and Congressional officials___~~- —

TITLE 42. THE PUBLIC HEALTH AND WELFARE

Chapter 34— Economic Opportunity Program

Subchapter VI. Part A—Administration

Sec. 243. Political activities of personnel of overall community

action agencies: rules and regulations__......----

TITLE 47. TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

Chapter 5—Wire or Radio Communication

Sec. 312. Administrative sanction<___--~-~- Ta a ed

(a) Revocation of station license or construction permit. ~~ ---

* * = * = call

Sec. 315. Candidates for public office_____--~- Pe a

Chapter 7—([Repraled)........-.......-.....-..-.-.---.--------

(a) Equai opportunities requirement : censorship prohibition ; al-

lowance of station use; news appearances exception ; public

interest : public issues discussion opportunities__

(bh) Been@enet meetin SRt0G.....cccccccccnccenccncecesceccescec<

ee -

(d) Rules and regulations__........--.--~-~-- a Sie ID es

TITLE 2. THE CONGRESS

Cuaprer 1—E.ection or SENATORS AND REPRESENTATIVES

§ 1. Time for election of Senators

At the regular election held in any State next preceding the cxpira-

tion of the term for which any Senator was elected to represent such

State in Congress, at which election a Representative to Congress is

regularly by law to be chosen, a U.S. Senator from said State shall be

elected by the people thereof for the term commencing on the third

day of January next thereafter.

§ la. Election to be certified by Governor

It shall be the duty of the executive of the State from which any

Senator has been chosen to certify his election, under the seal of the

State, to the President of the Senate of the United States.

§ 1b. Same; countersignature by Secretary of State

The certificate mentioned in section la of this title shall be counter-

signed by the Secretary of State of the State.

§ 7. Time of election

The Tuesday next after the first Monday in November, in every even

numbered year, is established as the day for the election, in each of the

States and territories of the United States, of Representatives and

Delegates to the Congress commencing on the third day of January

next thereafter. This section shall not apply to any State that has not

yet changed its day of election, and whose constitution must be

amended in order to effect a change in the day of the election of State

officers in said State.

§ 8 Vacancies

The time for holding elections in any State, district, or territory for

a Representative or Delegate to fill a vacancy, whether such vacancy is

caused by a failure to elect at the time prescribed by law, or by the

death, resignation, or incapacity of a person elected, may be prescribed

by the laws of the several States and territories respectively.

§ 9. Voting for Representatives

All votes for Representatives in Congress must be by written or

printed ballot, or voting machine, the use of which has been duly au-

thorized by the State law; and all votes received or recorded contrary

to this section shall be of no effect.

{N.B. Chapter 8, known as the Federal Corrupt Practices Act, was repealed b

Election Campaign Act of 1971 (P.L. 92-225) } pealed by the Federal

Crarrer 12—Contestep ELectTions

§ 381. Definitions

For purposes of this chapter—

(a) The term “election” means an official general or special election

to choose a Representative in or Resident Commissioner to the Con-

(1)

gress of the United States, but does not include a primary election, ora

caucus or convention of a political party.

(b) The term “candidate” means an individual—

(1) whose name is printed on the official ballot for election to

the House of Representatives of the United States; or

(2) notwithstanding his name is not printed on such ballot, who

secks election to the House of Representatives by write-in votes,

provided that he is qualified for such office and that, under the law

of the State in which the congressional district is located, write-in

voting for such office is permitted and he is eligible to receive

write-in votes in such election.

election of a Member of the House of Representatives of the United

States under this chapter.

(<1) The term “contestee™ means a Member of the House of Repre-

sentatives of the United States whose election is contested under this

chapter.

( Y The term “Member” means an incumbent Representative in or

Resident Commissioner to the Congress of the United States, or an in-

dividual who has been elected to either of such offices but has not taken

the oath of office.

(f) The term “Clerk” means the Clerk of the House of Representa-

tives of the United States.

(gz) The term “committee” means the Committee on House Adminis-

tration of the House of Representatives of the United States.

(h) The term “State” includes territory and possession of the United

States.

(i) The term “write-in vote” means a vote cast for a person whose

name does not appear on the official ballot by writing in the name of

such person on such ballot or by any other method prescribed by the

law of the State in which the election is held.

§ 382. Notice of contest

(a) Filing of notice. Whoever, having been a candidate for election

to the House of Representatives in the last preceding election and

claiming a right to such office, intends to contest the election of a Mem-

ber of the House of Representatives, shall, within 30 days after the

result of such election shall have been declared by the officer or board

of canvassers authorized by law to declare such result, file with the

Clerk and serve upon the contestee written notice of his intention to

contest such election.

(bb) Contents and form of notice. Such notice shall state with par-

ticularity the grounds upon which contestant contests the election and

shall state that an answer thereto must be served upon contestant un-

der section 383 of this title within 30 days after service of such notice.

Such notice shall be signed by contestant and verified by his oath or

affirmation.

test upon contestee shall be made as follows:

(1) by delivering a copy to him personally;

(2) by leaving a copy at his dwelling house or usual place of

abode with a person of discretion not less than 16 years of age

then residing therein;

(3) by leaving a copy at his principal office or place of business

with some person then in charge thereof;

(4) by delivering a copy to an agent authorized by appoint-

ment to receive service of such notice ; or

(5) by mailing a copy by registered or certified mail addressed

to contestee at his residence or principal office or place of business.

Service by mail is complete upon mailing;

(6) the verified return by the person so serving such notice.

setting forth the time and manner of such service shall be proof

of same, and the return post office receipt shall be proof of the

service of said notice mailed by registered or certified mail as

aforesaid. Proof of service shall be made to the Clerk promptly

and in any event within the time during which the contestee must

answer the notice of contest. Failure to make proof of service does

not affect the validity of the service.

§ 383. Response of contestee

(a) Answer. Any contestee upon whom a notice of contest as de-

scribed in section 382 of this title shall be served. shall. within 30 days

after the service thereof, serve upon contestant a written answer to

such notice. admitting or denying the averments upon which contest-

ant relies. If contestee is without knowledge or information sufficient

to form a belief as to the truth of an averment, he shall so state and

this shall have the effect of a denial. Such answer shall set forth af-

firmatively any other defenses, in law or fact, on which contestze relies.

Contestee shall sign and verify such answer by oath or affirmation.

(b) Defenses by motion prior to answer. At the option of contestee,

the following defenses may be made by motion served upon contestant

prior to contestee’s answer :

(1) insufficiency of service of notice of contest :

(2) lack of standing of contestant:

(3) failure of notice of contest to state grounds sufficient to

change result of election:

(4) failure of contestant to claim right to contestee’s seat.

which an answer is required is so vague or ambiguous that the con-

testee cannot reasonably be required to frame a responsive answer,

he may move for a more definite statement before interposing his

answer. The motion shall point out the defects complained of and the

details desired. If the motion is granted and the order of the commit-

tee is not obeyed within 10 days after notice of the order or within

such other time as the committee may fix, the committee may dismiss

the action, or make such order as it deems just.

(dl) Time for serving answer after service of motion. Service of a

motion permitted under this section alters the time for serving the

answer as follows, unless a different time is fixed by order of the com-

mittee : If the committee denies the motion or postpones its disposition

until the bearing on the merits, the answer shall be served within 10

days after notice of such action. If the committee grants a motion for

a more definite statement the answer shall be served within 10 days

after service of the more definite statement.

§ 384. Service and filing of papers other than notice of contest

(a) Modes of service. Except for the notice of contest. every paper

required to be served shall be served upon the attorney representing

the party. or, if he is not represented by an attorney, upon the party

himself. Service upon the attorney or upon a party shall be made—

(1) by delivering a copy to him personally ;

(2) by leaving it at his principal office with some person then

y in charge thereof; or if the office is closed or the person to be

served has no office. leaving it at his dwelling house or usual place

of abode with a person of discretion not less than 16 years of age

then residing therein: or

(3) by mailing it addressed to the person to be served at his

residence or principal office. Service by mail is complete upon

mailing.

(b) Filing of papers with clerk. All papers subsequent to the notice

of contest required to be served upon the opposing party shall be filed

— the Clerk either before service or within a reasonable time there-

after.

shall be accompanied by proof of service showing the time and mamer

of service. made by affidavit of the person making service or by cer-

tificate of an attorney representing the party in whose behalf service

is made. Failure to make proof of service does not affect the validity

of such service. ;

§ 385. Default of contestee

The failure of contestee to answer the notice of contest or to other-

wise defend as provided by this chapter shall not be deemed an admis-

sion of the truth of the averments in the notice of contest. Notwith-

standing such failure, the burden is upon contestant to prove that the

election results entitle him to contestee’s seat.

§ 386. Deposition

(a) Oral eramination. Either party may take the testimony of any

person, including the opposing party, by deposition upon oral exam-

ination for the purpose of discovery or for use as evidence in the con-

tested election case, or for both purposes. Depositions shall be taken

only within the time for the taking of testimony prescribed in this

section.

(b) Scope of examination. Witnesses may be examined regarding

any matter, not privileged, which is relevant to the subject matter

involved in the pending contested election case. whether it relates to

the claim or defense of the examining party or the claim or defense of

the opposing party. including the existence. description. nature. cus-

tody. condition, and location of any books, papers, documents, or other

tangible things and the identity and location of persons having know]-

edge of relevant facts. After the examinirg party has examined the

witness the opposing party may cross-examine.

parties may take testimony shall be as follows:

(1) contestant may take testimony within 39 days after serv-

ice of the answer. or if no answer is served within the time pro-

vided in section 383 of this title, within 30 days after the time for

answer has expired:

(2) contestee may take testimony within 30 days after con-

testant’s time ee testimony has expired; —

(3) if contestee has taken any testimony or has filed testimonial

affidavits or stipulations under section 387(c) of this title, con-

testant may take rebuttal testimony within 10 days after con-

testee’s time for taking testimony has expired.

(d) a. before whom testimony may be taken. Testimony shall

he taken before an officer authorized to administer oaths by the laws

of the United States or of the place where the examination is held.

(e) Subpena, Attendance of witnesses may be compelled by subpena

as provided in section 388 of this title.

(f) Taking of testimony by party or his agent. At the taking of

testimony, a party may appear and act in person, or by his agent or

attorney.

(g) Conduct of examination; recordation of testimony; notation of

objections ; interrogatories. The officer before whom testimony is to be

taken shall put the witness under oath and shall personally, or by

someone acting under his direction and in his presence, record the

testimony of the witness. The testimony shall be taken stenographically

and transcribed. All objections made at the time of examination to the

qualifications of the officer taking the deposition, or to the manner of

taking it, or to the evidence presented, or the conduct of any party,

and any other objection to the proceedings, shall be noted by the officer

upon the —— Evidence objected to shall be taken subject to the

objections. In lieu of participating in the oral examination, a party

served with a notice of deposition may transmit written interrogatories

to the officer, who shall propound them to the witness and record the

answers verbatim.

(h) Examination of deposition by witness; signature of witness or

officer; use of deposition. When the testimony is fully transcribed, the

deposition shall be submitted to the witness for examination and shall

be read to or by him, unless such examination and reading are waived

by the witness and the parties. Any changes in the form or substance

which the witness desires to make shall be entered — the deposition

by the officer with a statement of the reasons given by the witness for

making them. The deposition shall be signed by the witness, unless the

arties, by stipulation, waive the signing or the witness is ill or cannot

xe found or refuses to sign. If the deposition is not signed by the wit-

ness, the officer shall sign it and note on the deposition the fact of the

waiver or of the illness or the absence of ‘the witness or the fact of

refusal to sign together with the reason, if any. given therefor; and

the deposition may then be used as fully as though signed, unless on

a motion to suppress, the committee rules that the reasons given for the

refusal to sign require rejection of the deposition in whole or in part.

§ 387. Notice of depositions

(a) Time for service; form, A party desiring to take the deposition

of any person upon oral examination shall serve written notice on the

opposing party not later than 2 days before the date of the examina-

tion. The notice shall state the time and place for taking the deposition

and the name and address of each person to be examined. A copy of

such notice, together with proof of such service thereof, shall be at-

tached to the deposition when it is filed with the Clerk.

(b) Testimony by stipulation, By written stipulation of the parties.

the deposition of a witness may be taken withont notice. A copy of

43-682—75—— 2

such stipulation will be attached to the deposition when it is filed with

the Clerk.

of the parties, the testimony of any witness of either party may be filed

in the form of an affidavit by such witness or the parties may agree

what a particular witness would testify to if his deposition were taken.

Such testimonial affidavits or stipulations shal] S filed within the

time limits prescribed for the taking of testimony in section 386 of

this title.

$388. Subpena for attendance at deposition

(a) Jssvance, Upon application of any party, a subpena for attend-

ance at a deposition shall be issned by-—

(1) a judge or clerk of the U.S. district court for the district

in which the place of examination is located ;

(2) a judge or clerk of any court of record of the State in which

the place of examination is located; or

(3) a judge or clerk of any court of record of the county in

which the place of examination is located.

(b) Lime, method, and proof of service, Service of the subpena

shall be made upon the witness no later than 3 days before the day on

which his attendance is directed. A subpena may be served by any per-

son who is not’a party to the contested election case and is not less than

18 vears of age. Service of a subpena upon a person named therein

shall be made by delivering a copy thereof to such person and by

tendering to him the fee for one dav’s attendance and the mileage

allowed by section 389 of this title. Written proof of service shall be

made under oath by the person making same and shall be filed with

the Clerk.

examination only in the county where he resides or is employed. or

transacts his business in person, or is served with a subpena, or within

40 miles of the place of service.

(d) Form. Every subpena shall state the name and title of the officer

issuing same and the title of the contested election case, and shall com-

mand each person to whom it is directed to attend and give testimony

at a time and place and before an officer specified therein.

(e) Production of documents, A subpena may also command the

person to whom it is directed to produce the books. papers, documents,

or other tangible things designated therein. but the committee, upon

motion promptly made and in any event at or before the time specified

in the subpena for compliance therewith, may—

(1) quash or modify the subpena if it is unreasonable or

oppressive : or

(2) condition denial of the motion upon the advancement by the

party in whose behalf the subpena is issued of the reasonable cost

of producing the books, papers, documents, or tangible things.

In the case of public records or documents, copies thereof, certi-

fied by the person having official custody thereof, may be produced

in lieu of the originals. g

§ 389. Officer and witness fees

(a) Each judge, clerk of court. or other officer who issues any sub-

pena or takes a deposition and each person who serves any subpena or

other paper herein authorized shal] be entitled to receive from thie

party at whose instance the service shall have been performed such

fees as are allowed for similar services in the district courts of the

United States.

(b) Witnesses whose depositions are taken shall be entitled to re-

ceive from the party at whose instance the witness appeared the same

fees and travel allowance paid to witnesses subpenaed to appear before

the House of Representatives or its committees.

§ 390. Penalty for failure to appear, testify, or produce docu-

ments

Every person who, having been subpenaed as a witness under this

chapter to give testimony or to produce documents, willfully makes

default, or who, having appeared, refuses to answer any question per-

tinent to the contested election case, shall be deemed guilty of a misde-

meanor punishable by fine of not more than $1,000 nor less than $100

or imprisonment for not less than 1 month nor more than 12 months,

or both.

§ 391. Certification and filing of depositions

(a) Sealing of papers; deposit with Clerk. The officer before whom

any deposition is taken shall certify thereon that the witness was duly

sworn by him and that the deposition is a true record of the testimony

given by the witness. He shall then securely seal the deposition, to-

gether with any papers produced by the witness and the notice of

deposition or stipulation, if the deposition was taken without notice,

in an envelope endorsed with the title of the contested election case

and marked “Deposition of (here insert name of witness)” and shall

within 30 days after completion of the witness’ testimony, file it with

the Clerk.

(b) Notification of filing. After filing the deposition, the officer shall

promptly notify the parties of its filing. 7

reasonable charges therefor, not to exceed the charges allowed in the

district court of the United States for the district wherein the place of

examination is located, the officer shall furnish a copy of deposition to

any party or the deponent.

§ 392. Record

(a) Hearing on papers, depositions, and exhibits. Contested election

eases shall be heard by the committee on the papers, depositions, and

exhibits filed with the Clerk. Such papers, depositions, and exhibits

shall constitute the record of the case. ;

(b) Appendix to contestants brief. Contestant shall print as an

appendix to his brief those portions of the record which he desires the

committee to consider in order to decide the case and such other por-

tions of the record as may be prescribed by the rules of the committee.

pendix to his brief those portions of the record not printed by contest-

ant which contestee desires the committee to consider in order to

decide the case.

(d) Contestant’s brief ; service on contestee. Within 45 days after

the time for both parties to take testimony has expired, contestant

shall serve on contestee his printed brief of the facts and authorities

relied on to establish his case together with his appendix.

(e) Contestee’s brief ; service on contestant. Within 30 days of serv-

ice of contestant’s brief and appendix, contestee shall serve on contest-

ant his printed brief of the facts and authorities relied on to establish

his case together with his appendix.

(f) Reply brief of contestant. Within 10 days after service of con-

testee’s brief and appendix, contestant may serve on contestee a printed

reply brief.

(g) Form of briefs; number of copies served and filed. The form

and length of the briefs, the form of the appendixes, and the number

of copies to be served and filed shall be in accordance with such rules

as the committee may prescribe.

§ 393. Filing of pleadings, motions, depositions, appendixes,

briefs, and other papers

(a) Filings of pleadings, motions, > | —emgaiane appendixes, briefs,

and other papers shall be accomplished by—

(1) delivering a copy thereof to the Clerk of the House of

Representatives at his office in Washington, D.C., or to a member

of his staff at such office: or

(2) mailing a copy thereof, by registered or certified mail,

addressed to the Clerk at the House of Representatives, Wash-

ington, D.C.: Provided, That if such copy is not actually received,

another copy shall be filed within a reasonable time; and

(3) delivering or mailing, simultaneously with the delivery or

mailing of a copy thereof under paragraphs (1) and (2) of this

subsection, such additional copies as the committee may by rule

prescribe.

(b) All papers filed with the Clerk pursuant to this chapter shall

be promptly transmitted by him to the committee.

§ 394. Computation of time

(a) Method of computing time. In computing any period of time

prescribed or allowed by this chapter or by the rules or any order of

the committee. the day of the act, event, or default after which the

designated period of time begins to run shall not be included. The last

day of the period so computed shall be included, unless it is a Satur-

day. Sunday, or a legal holiday. in which event the period shall run

until the end of the next day which is neither a Saturday, Sunday, nor

a legal holiday. When the period of time prescribed or allowed is less

than 7 days, intermediate Saturdays. Sundays, and legal holidays shall

be excluded in the computation. For the purposes of this chapter,

“legal holiday” shall mean New Year’s Day, Washington’s Birthday,

Memorial Day. Independence Day, Labor Day, Veterans Day, Thanks-

giving Day, Christmas Day, and any other day appointed as a holiday

by the President or the Congress of the United States.

(bY Service by mail. Whenever a party has the right or is required

to do some act or take some proceeding within a prescribed period

after the service of a pleading, motion, notice. brief. or other paper

upon him, which is served upon him by mail, 3 days shall be added to

the prescribed period.

any order of the committee an act is required or allowed to be done

at or within a specified time, the committee, for good cause shown,

may at any time in its discretion—

(1) with or without motion or notice, order the period enlarged

if request therefor is made before the expiration of the period

originally prescribed or as extended by a previous order; or

(2) upon motion made after the expiration of the specified

period, permit the act to be done where the failure to act was tiie

result of excusable neglect, but it shall not extend the time for

— and filing the notice of contest under section 382 of this

title.

§ 395. Death of contestant

In the event of the death of the contestant, the contested election

case shall abate.

§ 396. Allowance of party’s expenses

The committee may allow any party reimbursement from the con-

tingent fund of the House of Representatives of his reasonable ex-

penses of the contested election case, including reasonable attorneys

fees, upon the verified application of such party accompanied by a

complete and detailed account of his expenses and supporting vouchers

and receipts.

Crarrer 14—Feperat Evection CAMPAIGNS

§ 431. Definitions

When used in this chapter—

(a) “election” means—

(1) a general, special, primary, or runoff election ;

(2) aconvention or caucus of a political party held to nominate

a candidate;

(3) a primary election held for the selection of delegates to a

national nominating convention of a political party ; and

(4) a primary election held for the expression of a preference

~~ the nomination of persons for election to the office of Presi-

dent;

(b) “candidate” means an individual who seeks nomination for

election, or election, to Federal office, whether or not such individual is

elected, and, for purposes of this paragraph, an individual shall be

deemed to seek nomination for election, or election, if he has—

(1) taken the action necessary under the law of a State to

qualify himself for nomination for election, or election, to Federal

office ; or

(2) received contributions or made expenditures, or has given

his consent for any other person to receive contributions or make

expenditures, with a view to bringing about his nomination for

election, or election, to such office;

of the United States; or of Senator or Representative in, or Delegate

or Resident Commissioner to, the Congress of the United States ;

(d) “political committee” means any committee, club, association,

or other group of persons which receives contributions or makes ex-

ye during a calendar year in an aggregate amount exceeding

(e) “contribution” —

(1) means a gift, subscription, loan, advance, or deposit of

money or anything of value made for the purpose of—

(A) influencing the nomination for Bt 0 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 tu

a national nominating convention of a political party; or

(B) influencing the result of an election heid for the ex-

pression 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, expressed or im-

plied, whether or not legally enforceable, to make a contribution

for such purposes ;

(3) means funds received by a political committee which are

transferred to such committee from another political committee

or other source ;

(4) means the payment, by any person other than a candidate

or a political committee, of compensation for the personal services

of another person which are rendered to such candidate or politi-

cal committee without charge for any such purpose; but

(5) does not include—

(A) the value of services provided without compensation

by individuals who volunteer a portion or all of their time

on behalf of a candidate or political committee;

(13) 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 candi-

date-related activities;

a candidate’s campaign at a charge less than the normal com-

parable charge, if such charge for use in a candidate’s cam-

paign 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 per-

sonal services to a candidate;

(I) the payment by a State or local committee of a politi-

cal 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 list-

ing. of three or more candidates for any public oflice for

which an election is held in the State in which such commit-

tee 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 listing made on broadeasiing stations, or

in newspapers, magazines, or other similar types of general

public political advertising; or

(F) any payment made or obligation incurred by a cor-

poration or a labor organization which, under the provisions

of the last paragraph of section 610 of title 18, United States

Code, would not constitute an expenditure by such corpora-

tion or labor organization ;

to the extent that the cumulative value of activities by any in-

dividual on behalf of any candidate under each of clauses (13),

(C), and (D) does not exceed $500 with respect to any election;

(f) “expenditure”—

(1) means a purchase, payment, distribution, loan, advance,

deposit, or gift of money or anything of value, made for the pur-

pose of—

(A) influencing the nomination for election, or the elec-

tion, of any person to Federal office, or to the office of presi-

dential and vice presidential elector; or

(B) influencing the results of a primary election held for

the selection of delegates to a national nominating conven-

tion 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 any expenditure ;

(3) means the transfer of funds by a political committee to

another political committee; but

(4) does not include—

(A) any news story, commentary, or editorial distributed

through the facilities of any broadcasting station, newspaper,

magazine, or other periodical publication, unless such facili-

ties are owned or controlled by any political party, political

committee, or candidate;

(B) nonpartisan activity designed to encourage individ-

uals to register to vote, or to vote;

or corporation to its members or stockholders, if such mem-

bership organization or corporation is not organized primar-

ily for the purpose of influencing the nomination for election,

or election, of any person to Federal office ;

(D) 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 cuckdnenial premises for candi-

date-related activities if the cumulative value of such activi-

ties by such individual on behalf of any candidate do not

exceed $500 with respect to any election;

(I) any unreimbursed payment for travel expenses made

by an individual who, on his own behalf, volunteers his per-

sonal services to a candidate if the cumulative amount for

such individual incurred with respect to such candidate does

not exceed $500 with respect to any election;

(F) any communication by any person which is not made

for the purpose of influencing the nomination for election, or

election, of any person to Federal office; or

(G) the payment by a State or local committee of a politi-

cal 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 whic

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 listing made on broadcasting stations, or in news-

papers, magazines, or other similar types of general public

political advertising; or

(H) any payment made or obligation incurred by a cor-

poration or a labor organization which, under the provisions

of the last paragraph of section 610 of title 18, United States

Code, would not constitute an expenditure by such corpora-

tion or labor organization:

(g) “Commission” means the Federal Election Commission; __

(h) “person” means an individual, partnership. committee, associa-

tion, corporation, labor organization, and any other organization or

group of persons; oe

(i) “State” means each State of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, and any territory or

possession of the United States;

(j) “identification” means—

(1) in the case of an individual. his full name and the full

address of his principal place of residence ; and

(2) in the case of any other person, the full name and address

of such person; .

(k) “national 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 national level, as determined

by the Commission:

(1) “State committee” means the organization which, by virtue of

the bylaws of a political party. is responsible for the day-to-day opera-

tion of such political party at the State level, as determined by the

Commission :

(m) “political party” means an association, committee. or organiza-

tion 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: and

(n) “principal campaign committee” means the principal campaign

committee designated by a candidate under section 432(f) (1) of this

title.

§ 432. Organization of political committees

(a) Chairman; treasurer; vacancies; official authorizations. Every

political committee shall have a chairman and a treasurer. No con-

tribution and no expenditure shall be accepted or made by or on be-

half of a political committee at a time when there is a vacancy in the

office of chairman or treasurer thereof. No expenditure shall be made

for or on behalf of a political committee without the authorization of

its chairman or treasurer. or their designated agents.

(b) Account of contributions; segregated funds. Every person who

receives a contribution in excess of $10 for a political committee shall,

on demand of the treasurer, and in any event within 5 days after

receipt of such contribution, render to the treasurer a detailed account

thereof, including the amount of the contribution and the identifica-

tion of the person making such contribution, and the date ‘on which

received. All funds of a political committee shall be segregated from,

and may not be commingled with, any personal funds of officers,

members, or associates of such committee.

litical committee to keep a detailed and exact amount of —

(1) all contributions made to or for such committee ;

(2) the identification of every person making a contribution in

excess of $10, and the date and amount thereof and, if a person's

contributions aggregate more than $100, the account shall include

occupation, and the principal place of business (if any) ;

¢ 3) all expenditures made by or on behalf of such committee;

_ (4) the identification of every person to whom any expenditure

is made, the date and amount thereof and the name and address of,

and office sought by, each candidate on whose behalf such expendi-

ture was made.

(d) Receipts; preservation. It shall be the duty of the treasurer to

obtain and keep a receipted bill, stating the particulars, for every

expenditure made by or on behalf of a political committee in excess of

$100 in amount, and for any such expenditure in a lesser amount. if

the aggregate amount of such expenditures to the same person during

a calendar year exceeds $100. The treasurer shall preserve all receipted

bills and accounts required to be kept by this section for periods of

time to be determined by the Commission.

(e) Unauthorized activities ; notice. Any political committee which

solicits or receives contributions or makes expenditures on behalf of

any candidate that is not authorized in writing by such candidate to

do so shall include a notice on the face or front page of all literature

und advertisements published in connection with such candidate’s cam-

paign by such committee or on its behalf stating that the committee is

not authorized by such candidate and that such candidate is not

responsible for the activities of such committee.

(f) Principal campaign committee; reports, filing. (1) Each in-

dividual who is a candidate for Federal office (other than the office of

Vice President of the United States) shall designate a political com-

mittee to serve as his principal campaign committee. No political com-

mittee may be designated as the principal campaign committee of

more than one candidate. except that the candidate for the office of

President of the United States nominated by a political party may

designate the national committee of such political party as his prin-

cipal campaign committee. Except as provided in the preceding sen-

tence, no political committee which supports more than one candidate

may be designated as a principal campaign committee.

(2) Notwithstanding any other provision of this title, each report

or statement of contributions received or expenditures made by a polit-

ical committee (other than a principal campaign committee) which is

required to be filed with the Commission under this title shall be filed

instead with the principal campaign committee for the candidate on

whose behalf such contributions are accepted or such expenditures are

made.

(3) It shall be the duty of each principal campaign committee to

receive all reports and statements required to be filed with it under

paragraph (2) of this subsection and to compile and file such reports

and statements, together with its own reports and statements, with the

Commission in accordance with the provisions of this title.

§ 453. Registration of political committees

(a) Statements of organization, Each political committee which

anticipates receiving contributions or making expenditures during the

calendar year in an aggregate amount exceeding $1,000 shall file with

the Commission a statement of organization, within 10 days after its

organization or, if later. 10 days after the date on which it has in-

formation which causes the committee to anticipate it will receive

contributions or make expenditures in excess of $1.000. Each such

coumittee in existence at the date of enactment of this act shall file a

statement of organization with the Commission at such time as it

prescribes,

(hb) Contents of statements, The statement of organization shall

include—

(1) the name and address of the committee;

(2) the names. addresses, and relationships of affiliated or con-

nected organizations;

(3) the area, scope, or jurisdiction of the committee ;

(+) the name, address, and position of the custodian of books

and accounts;

(5) the name, address, and position of other principal officers,

including officers and members of the finance committee. if any:

(6) the name, address, office sought, and party affiliation of—

(A) each candidate whom the committee is supporting:

anc

(B) any other individual, if any, whom the committee is

supporting for nomination for election, or election, to any

public office whatever; or, if the committee is supporting the

entire ticket of any party, the name of the party;

(7) astatement whether the committee is a continuing one;

(8) the disposition of residual funds which will be made in the

event of dissolution:

(9) a listing of all banks, safety deposit boxes, or other reposi-

tories used:

(10) a statement of the reports required to be filed by the com-

mittee with State or local officers. and, if so, the names, addresses.

and positions of such persons: and

(11) such other information as shall be required by the

Commission.

ously submitted in a statement of organization shall be reported to the

Commission within a 10-day period following the change.

(d) Disbanding of political committees or contributions and ex-

yp nd tures below prescribe d Jing; notice, Any committee which,

after having filed one or more statements of organizations, disbands

or determines it will no longer receive contributions or make expendi-

tures during the calendar year in an aggregate amount exceeding

$1.000 shall so notify the Commission.

(e) Committees other than principal campaign committee; filing

of reports, In the case of a political committee which is not a principal

campaign committee, reports and notifications required under this

section to be filed with the Commission shall be filed instead with the

appropriate principal campaign committee.

§ 434. Reports *

(a) Receipts and expenditures; completion date, exception.

(1) Except as provided by paragraph 2, each treasurer of a

political committee supporting a candidate or candidates for election

to Federal office, and each candidate for election to such office, shall

file with the Commission reports of receipts and expenditures on forms

to be prescribed or approved by it.

The reports referred to in the preceding sentence shall be filed as

follows:

(.A)(i) In any calendar vear in which an individual is a candi-

date for Federal office and an election for such Federal office is

held in sueh year, such reports shall be filed not later than the

10th day before the date on which such election is held and shall

le complete as of the 15th day before the date of such election:

except that any such report filed by registered or certified mail

must be postmarked not later than the close of the lzth day before

the date of such election:

(ii) such reports saall be filed not later than the 30th day after

the date of such election and shall be complete as of the 2oth day

after the date of such election. A ;

(B) In any other calendar year in which an individual is a

candidate for Federal office, such reports shall be filed after

December 31 of such calendar year, but not later than January »

of the following calendar year and shall be complete as of the

close of the calendar year with res to which the report is filed.

following the close of any calendar quarter in which the candidate

or political committee concerned received contributions in excess

of $1,000, or made expenditures in excess of $1,000, and shall be

complete as of the close of such calendar quarter: except that any

such report required to be filed after December 31 of any calendar

year with respect to which a report is required to be filed

under subparagraph (B) shall be filed as provided in such

subparagraph.

(D) When the last day for filing any quarterly report required

by subparagraph (C) occurs within 10 days of an election, the

filing of such quarterly report shall be waived and superseded by

the report required by subparagraph (A) (i).

Any contribution of $1,000 or more received after the 15th day, but

more than 48 hours, before any election shall be reported within 48

hours after its receipt.

1 Notwithstanding the amendment to section 434 of the United States Code relating to

the time for filing reports, made by the provisions of section 204 of the Federal Election

Campaign Act Amendments of 1974 (PLL. 95-443), nothing In this Act shall be construed

to waive the report required to be filed by January 31, 1975, under the provisions of such

section 434, as in effect on the date of the enactment of this Act.

“This Act” refers to the Federal Election Campaign Act of 1971, P.L. 92-225. as

smended by P.L. 93-443. the Federal Election Campaign Act Amendments of 1974, This

will be true whenever the term “this Act” appears.

(2) Each treasurer of a political committee which is not a principal

campaign committee shall file the reports required under this section

with the appropriate principal campaign committee. _

(3) Upon a request made by a presidential candidate or a political

committee which operates in more than one State, or upon its own

motion, the Commission may waive the reporting dates set forth in

paragraph (1) (other than the reporting date set forth in paragraph

(1) (B)), and require instead that such candidate or political commit-

tee file reports not less frequently than monthly. The Commission may

not require a presidential candidate or a political committee operating

in more than one State to file more than 12 reports (not counting

any report referred to in paragraph (1)(B)) during any calendar

year. If the Commission acts on its own motion under this paragraph

with respect to a candidate or a political committee, such candidate or

committee may obtain judicial review in accordance with the provi-

sions of chapter 7 of title 5, United States Code.

(b) Contents of reports. Fach report under this section shall dis-

close—

(1) the amount of cash on hand at the beginning of the report-

ing period ;

(2) the full name and mailing address (occupation and the

principal place of business. if any) of each person who has made

one or more contributions to or for such committee or candidate

(including the purchase of tickets for events such as dinners,

luncheons, rallies, and similar fundraising events) within the

calendar year in an aggregate amount or value in excess of $100,

together with the amount and date of such contributions;

(3) the total sum of individual contributions made to or for

such committee or candidate during the reporting period and not

reported under pa aph (2);

(4) the name and addresss of each political committee or can-

didate from which the reporting committee or the candidate re-

ceived, or to which that committee or candidate made, any transfer

of funds, together with the amounts and dates of all transfers:

(5) each loan to or from any person within the calendar year in

an aggregate amount or value in excess of $100, together with the

full names and mailing addresses (occupations and the principal

places of business, if any) of the lender, endosers, and guarantors,

if any, the date and amount of such loans;

(6) the total amount of proceeds from—

(A) the sale of tickets to each dinner, luncheon, rally, and

other fundraising event;

(B) mass collections made at such events; and

badges, flags, emblems, hats, banners, literature, and similar

materials:

(7) each contribution, rebate, refund. or other receipt in excess

of $100 not otherwise listed under paragraphs (2) through (6) ;

(8).the total sum of all receipts by or for such committee or

candidate during the reporting period, together with total receipts

less transfers between political committees which support the same

candidate and which do not support more than one candidate;

(9) the identification of each person to whom expenditures have

been made by such committee or on behalf of such committee or

candidate within the calendar year in an aggregate amount or

value in excess of $100, the amount, date, and purpose of each

such expenditure and the name and address of, and office sought

by. each candidate on whose behalf such expenditure was made:

(10) the identification of each person to whom an expenditure

for personal services, salaries, and reimbursed expenses in excess

of S100 has been made, and which is not otherwise reported, in-

cluding the amount, date, and purpose of such expenditure;

(11) the total sum of expenditures made by such committee or

candidate during the calendar year, together with total expendi-

tures less transfers between political committees which support

- same candidate and which do not support more than one can-

cdidate ;

(12) the amount and nature of debts and obligations owed by

or to the committee, in such form as the commission may prescribe

and a continuous reporting of their debts and obligations after

the election at such periods as the commission may require until

such debts and obligations are extinguished, together with a state-

ment as to the circumstances and conditions under which any such

a or obligation is extinguished and the consideration therefore ;

(13) such other information as shall be required by the

Commission.

items carried forward; statement of inactive status. The reports re-

quired to be filed by subsection (a) of this section shall be cumulative

during the calendar year to which they relate, but where there has

been no change in an item reported in a previous report during such

year, only the amount need be carried forward. If no contributions

or expenditures have been accepted or expended during a calendar

year, the treasurer of the political committee or candidate shal] file

a statement to that effect.

(d) Members of Congress, reporting eremption. This section does

not require a Member of the Congress to report, as contributions

received or as expenditures made, the value of photographic . matting,

or recording services furnished to him by the Senate Recording

Studio, the House Recording Studio, or by an individual whose pay

is disbursed by the Secretary of the Senate or the Clerk of the House

of Representatives and who furnishes such services as his primary

duty as an employee of the Senate or House of Representatives. or

if such services were paid for by the Republican or Democratic Sen-

atorial Campaign Committee, the Democratic National Congressional

Committee, or the National Republican Congressional Committee.

This subsection does not apply to such recording services furnished

during the calendar year before the year in which the Member's term

expires.

(ec) Contributions or expenditures by person other than political

comisttee or candidate, Every person (other than a political com-

mittee or candidate) who makes contributions or expenditures. other

than by contribution to a poltical committee or candidate, in an aggre-

gate amount in excess of $100 within a calendar year shall file with

the Commission a statement containing the information required by

this section. Statements required by this subsection shall be filed on

the dates on which reports by political committees are filed but need

not be cumulative.

€ 435. Requirements relating to campaign advertising

(2) No person who sells space in a newspaper or magazine to

a candidate, or to the agent of a candidate, for use in connection

with such candidate’s campaign, may charge any amount for such

space which exceeds the amount charged for comparable use of such

space for other purposes.

(b) Each political committee shall include on the face or front

page of all literature and advertisements soliciting contributions the

following notice: .

“A copy of our report is filed with the Federal Election Commis-

sion and is available for purchase from the Federal Election Commis-

sion, Washington, D.C.”.

§ 436. Formal requirements respecting reports and statements

(a) Copy; preservation. A copy of a report or statenent shall be

preserved by the person filing it for a period of time to be designated

by the Commission in a published regulation.

(b) Waiver of reporting requirements. The Commission may. by

a rule of general applicability which is published in the Federal Reg-

ister not less than 50 days before its effective date, relieve—

(1) any category of candidates of the obligation to comply

personally with the reporting requirements of section 434 of this

title, if it determines that such action is consistent with the pur-

poses of this Act; and

(2) any category of political committees of the obligation to

comply with the reporting requirements of such section if such

conunittees—

(A) primarily support persons seeking State or local office ;

and

(B) do not operate in more than one State or do not operate

on a statewide basis.

Lased upon actual payment. The Commisison shall, by published reg-

ulations of general applicability, prescribe the manner in which

contributions and expenditures in the nature of debts and other con-

tracts. agreements, and promises to make contributions or expenditures

~hall be reported. Such regulations shall provide that they be re-

ported in separate schedules. In determ'ning aggregate amounts of

contributions and expenditures, amounts reported as provided in such

regulations shall not be considered until actual payment is made,

(d) Postmark as date of filing. Tf a report or statement required

by sections 433. 434(a) (7) (A) (ii), 454(a) (1) (B). 434(a) (1) (C), or

I34(e) of this title to he filed by a treasurer of a political committee or

by a candidate or by any other person, is delivered by registered or

certified mail. tothe Commission or principal campaign committee with

which it is regaired to be filed, the United States postmark stamped

on the cover of the — or other container in which such report

or statement is so mailed shall be deemed to be the date of filing.

§ 437. Reports on convention financing

Each «ommittee or other organization which—

(1) represents a State, or a political subdivision thereof, or any

group of persons, in dealing with officials of a national political

party with respect to matters involving a convention held in sich

State or political subdivision to nominate a candidate for the office

of President or Vice President, or

(2) represents a national] political party in making arrange-

ments for the convention of such party held to nominate a can-

lidate for the office of President or Vice President,

shall within 60 days following the end of the convention (but not

later than 20 days prior to the date on which presidential and vice

presidential electors are chosen), file with the Federal Election Com-

mission a full and complete financial statement, in such form and

letail as it may prescribe, of the sources from which it derived its

funds, and the purposes for which such funds were expended.

§ 437a. Reports by certain persons

Any person (other than an individual) who expends any funds or

commits any act directed to the public for the purpose of influencing

the outcome of an election, or who publishes or broadcasts to thie

public any material referring to a candidate (by name, description,

or other reference) advocating the election or defeat of such candi-

date, setting forth the powers Pace position on any public issue, his

voting record, or other official acts (in the case of a candidate who

holds or has held Federal office), or otherwise designed to influence

individuals to cast their votes for or against such candidates or to

withhold their votes from such candidates shall file reports with

the Commission as if such person were a political committee. The

reports filed by such person shall set forth the source of the funds

used in carrying out any activity described in the preceding sentence

in the same detail as if the funds were contributions within the mean-

ing of section 431(e) of this title, and payments of such funds in the

same detail as if they were expenditures within the meaning of section

431(f) of this title. The provisions of this section do not apply to any

publication or broadcast of the United States Government or to any

news story, commentary, or editorial distributed through the facilities

of a broadcasting station or a bona fide newspaper, magazine, or other

periodical publication. A news story, commentary, or editorial is not

considered to be distributed through a bona fide newspaper. maga-

zine, or other periodical publication if—

(1) such —— is primarily for distribution to individ-

uals affiliated by membership or stock ownership with the person

(other than an individual) distributing it or causing it to be

distributed, and not primarily for purchase by the public at news-

stands or by paid subscription ; or

(2) the news story, commentary, or editorial is distributed by

a person (other than an individual) who devotes a substantial

part of his activities to attempting to influence the outcome of

elections, or to influence public opinion with respect to matters of

national or State policy or concern.

§ 157b. Campaign depositories

(2)(1) Each candidate shall designate one or more national or

State banks as his campaign depositories. The principal campaign

committee of such candidate, and any other political committee author-

ized by him to receive contributions or to make expenditures on his

behalf. shall maintain a checking account at a depository designated

hy the candidate and shall deposit any contributions received by such

committee into such account. A candidate shall deposit any payment

received by him under chapter 95 or chapter 97 of Title 26 of the

United States Code in the account maintained by his principal cam-

paign committee. No expenditure may be made by any such committee

ou behalf of a candidate or to influence his election except by check

drawn on such account, other than petty cash expenditures as provided

in subsection (b).

(2) The treasurer of each political committee (other than a

political committee authorized by a candidate to receive contributions

or to make expenditures on his behalf) shall designate one or more na-

tional or State banks as campaign depositories of such committee, and

shall maintain a checking account for the committee at each such

depository. All contributions received by such committee shall be de-

posited in such accounts. No expenditure may be made by such commit-

tee except by check drawn on such accounts, other than petty cash

expenditures as provided in subsection (b).

(b) A political committee may maintain a petty cash fund out of

which it may make expenditures not in excess of $100 to any person

in connection with a single purchase or transaction. A record of petty

cash disbursements shall be kept in accordance with requirements

established by the Commission, and such statements and reports there-

of shall be furnished to the Commission as it may require.

(ec) A candidate for nomination for election. or for election. to the

office of President of the United States may establish one such deposi-

tory in each State, which shall be considered as his campaign deposi-

tory for such State by his principal campaign committee and any other

political committee authorized by him to receive contributions or to

niake expenditures on his behalf in such State, under rules prescribed

hy the Commission. The campaign depository of the candidate of a

political party for election of the office of Vice President of the United

States shall be the campaign depository designated by the candidate

of such party for election to the office of President of the United

States,

§ 437c. Federal Election Commission 2

(a)(1) There is established a commission to be known as the

Federal Election Commission. The Commission is composed of the

*Tntil the appointment and qualification of all the members of the Federal Election

Commission and its general counsel and until] the transfer provided for in this section,

the Comptroller General, the Secretary of the Senate, and the Clerk of the Honse of Rep

resentatives shall continne to carry ont their responsibilities under title IT and title IIT

of the Federal Election Campaign Act of 1971 as such titles existed on the day before the

date of enactment of the Federal Election Campaign Act Amendments of 1974. Upon the

appointment of all the members of the Commission and its general counsel, the Comptroller

General, the Secretary of the Senate, and the Clerk of the House of Representatives shall

meer with the Commission and arrange for the transfer, within 30 days after the date on

which all such members and the general counsel are appointed, of copies of all appropriate

records, Re +4 yg Maw papers associated with carrying out their

responsibilities under title I and title of the Federal Electio d 7

and chapter 95 of Title 26 of the U.S. Code. ae ee Oe oe oan

Secretary of the Senate and the Clerk of the House of Representatives,

ex officio and without the right to vote, and six members appointed

as follows:

(A) two shall] be appointed, with the confirmation of a majority

of both Houses of the Congress, by the President pro tempore of

the Senate upon the recommendations of the majority leader of

the Senate and the minority leader of the Senate; te

(BB) two shall be appointed, with the confirmation of a majority

of both Houses of the Congress, by the Speaker of the House of

Representatives, upon the recommendations of the majority leader

of the ITouse and the minority leader of the House; and

((*) two shall be appointed, with the confirmation of a majority

of both Houses of the Congress, by the President of the United

states,

A member appointed under subparagraph (A), (B), or (C) shall

not be affiliated with the same political party as the other member

appointed under such paragraph.

(2) Member of the Commission shall serve for terms of 6 vears.

except that of the members first appointed—

(A) one of the members appointed under paragraph (1) (A)

shall be appointed for a term ending on the April 30 first occur-

ring more than 6 months after the date on which he is appointed;

(Bb) one of the members appointed under paragraph (1)

(13) shall be appointed for a term ending 1 year after the April 30

on which the term of the member referred to in subparagraph (.\)

of this paragraph ends:

shall be appointed for a term ending 2 years thereafter ;

(ID) one of the members appointed under paragraph (1) (A)

shall be appointed for a term ending 3 years thereafter ;

(E) one of the members appointed under paragraph (1) (B)

shall be appointed for a term ending 4 years thereafter; and

(F) one of the members appointed under paragraph (1) (C)

shal] be appointed for a term ending 5 years thereafter.

An individual appointed to fill a vacancy occurring other than by the

expiration of a term of office shall be appointed only for the unexpired

term of the member he succeeds. Any vacany occurring in the member-

ship of the Commission shall be filled in the same manner as in the case

of the original appointment.

(3) Members shall be chosen on the basis of their maturity, expe-

rience, integrity, impartiality, and good judgment and shall be chosen

from among individuals who, at the time of their appointment, are not

elected or appointed officers or employees in the executive, legislative,

or judicial branch of the Government of the United States.

(4) Members of the Commission (other than the Secretary of the

Senate and the Clerk of the House of Representatives) shall receive

compensation equivalent to the compensation paid at level IV of the

executive schedule (5 U.S.C. § 5315).

(5) The Commission shall elect a chairman and a vice chairman

from among its members (other than the Secretary of the Senate and

the Clerk of the House of Representatives) for a term of 1 year. No

member may serve as chairman more often than once during any

42-483—73——-3

term of office to which he is appointed. The chairman and the vice

chairman shall not be affiliated with the same political party. The

vice chairman shall act as chairman in the absence or disability of the

chairman, or in the event of a vacancy in such office.

(b) The Commission shall administer, seek to obtain compliance

with, and formulate policy with respect to this Act and sections 60s,

610, 611, 613, 614, 615, 616, and 617 of Title 18, United States ( ‘ole.

The Commission has primary jurisdiction with respect to the civil

enforcement of such provisions.

its duties and powers under the provisions of this title shall be made

by a majority vote of the members of the Commission. A member of

the Commission may not delegate to any person his vote or any

decision-making authority or duty vested in the Commission by the

provisions of this title.

(dl) The Commission shall meet at least once each month and also

at the call of any member.

(e) The Commission shall prepare written rules for the conduct

of its activities, shall have an official seal which shall be judicially

noticed, and shall have its principal office in or near the District of

Columbia (but it may meet or exercise any of its powers anywhere in

the United States).

(f)(1) The Commission shall have a staff director and a general

counsel who shall be appointed by the Commission. The staff director

shall be paid at a rate not to exceed the rate of basic pay in effect for

level IV of the executive schedule (5 U.S.C. § 5315). The general coun-

sel shall be paid at a rate not to exceed the rate of basic | pay in effect

for level V of the executive schedule (5 U.S.C. § 5316). With the

approval of the Commission. the staff director may appoint and fix the

pay of such additional personnel as he considers desirable.

(2) With the approval of the Commission. the staff director may

procure temporary and intermittent services to the same extent as 1s

authorized by section 3109(b) of Title 5. United States Code. but at

rates for individuals not to exceed the daily equivalent of the annual

rate of basic pay in effect for grade GS-15 of the general schedule

(5 U.S.C. $ 5332).

(3) In carrying out its responsibilities under this Act, the Com-

mission shall, to the fullest extent practicable. avail itself of the

assistance, including personnel and facilities. of other agencies and

departments of the United States Government. The heads of such

agencies and departments may make available to the Commission such

personnel, facilities. and other assistance. with or without reimburse-

ment. as the Commission may request.

$437d. Powers of Commission

(a) The Commission has the power—

(1) to require, by special or general orders, any person to

submit in writing such reports and answers to questions as the

Commission may prescribe: and such submission shall be made

within such a reasonable period of time and under oath or other-

wise as the Commission may determine:

(2) to administer oaths or affirmations:

(3) to require by subpena, signed by the chairman or the

viee chairman. the attendance and testimony of witnesses and

the production of all documentary evidence relating to the execu-

tion of its duties;

(4) in any proceeding or investigation. to order testimony to

be taken by deposition before any person who is designated by

the Commission and has the power to administer oaths and. in

such instances, to compel testimony and the production of evi-

dence in the same manner as authorized under paragraph (3) of

this subsection ;

(5) to pay witnesses the same fees and mileage as are paid

in like circumstances in the courts of the United States:

(6) to initiate (through civil proceedings for injunctive,

declaratory, or other appropriate relief), defend, or appeal any

civil action in the name of the Commission for the purpose of

enforcing the provisions of this Act. through its general counsel:

' (7) to ) render adv isory opinions under sec ction 437f of this title:

(8) to make, amend, and repeal such rules, pursuant to the

provisions of chapter 5 of Title 5. United States Code, as are

necessary to carry out the provisions of this Act;

(9) to formulate general policy with respect to the administra-

tion of this Act and sections 608, 610, 611. 613, 614, 615. 616. and

617 of Title 18, United States Code:

(10) to develop prescribed forms under subsection (a) (1) of

this section;

(11) to conduct investigations and hearings expeditiously, to

encourage voluntary com plian ‘e, and to report apparent viola-

tions to the appropriate law enforcement authorities.

(b) Any United States district court within the jurisdiction of

which any inquiry is carried on, may, upon petition by the Commis-

sion, in case of refusal to obey a subpena or order of the Commission

issued under subsection (a) of this section, issue an order requiring

compliance therewith. Any failure to obey the order of the court may

be punished by the court as a contempt thereof.

than the Commission or the United States) for disclosing informa-

tion at the request of the Commission.

(<)(1) Whenever the Commission submits any budget estimate

or request to the President of the United States or the Office of Man-

agement and Budget, it shall concurrently transmit a copy of suc

estimate or request to the Congress.

(2) Whenever the Commission submits any legislative recom-

mendations, or testimony, or comments on legislation, requested by

the Congress or by any Member of the Congress, to the President of

the United States or the Office of Management and Budget. it shall

concurrently transmit a copy thereof to the Congress or to the Member

requesting the same. No officer or agency of the United States shall

have any authority to require the Commission to submit its legisla-

tive recommendations, testimony. or comments on legislation, to any

office or agency of the United States for approval, comments, or review,

prior to the submission of such recommendations, testimony, or com-

ments to the Congress.

§437e. Reports

The Commission shall transmit reports to the President of the

United States and to each House of the Congress no Jater than March

31 of each year. Each such report shall contain a detailed statement

with respect to the activities of the Commission in carrying out its

duties under this title, together with recommendations for such

legislative or other action as the Commission considers appropriate.

§ 437f. Advisory opinions

(a) Upon written request to the Commission by any individual

helding Federal office, any candidate for Federal office, or

any political committee. the Commission shall render an advisory

opinion, in writing. within a reasonable time with respect to whether

any specific transaction or activity by such individual, candidate, or

political committee would constitute a violation of this act, of chapter

95 or chapter 06 of Title 26 of the U.S. Code, or of section 608, 610,

611, 615, 614, 615, 616, or 617 of Title 18, United States Code.

(b) Notwithstanding any other provision of law, any person with

respect to whom an advisory opinion is rendered under subsection (a)

who acts in good faith in accordance with the provisions and findings

of such advisory opinion shall be presumed to be in compliance with

the provision of this act, of chapter 95 or chapter 96 of Title 26 of

the 1S. Code. or of section 608, 610, 611, 615, 614, 615; 616, or 617

of Title 18, United States Code, with respect to which such advisory

opinion is rendered.

by the Commission. The Commission shall before rendering an

advisory opinion with respect to such request, provide any interested

party with an opportunity to transmit written comments to the Com-

mission with respect to such request.

§ 437g. Enforcement

(a)(1)(A) Any person who believes a violation of this act or of

section GOS, 610, 611, 613, 614, 615, 616, or 617 of Title 18, United

States Code. has occurred may file a complaitit with the Commission.

(B) In any case in which the Clerk of the ITouse of Representatives

or the Secretary of the Senate (who receive reports and statements as

custodian for the Commission) has reason to believe a violation of this

act or section 608, 610, 611. 613, 614, 615, 616, or 617, of Title 18, United

States Code, has occurred he shall refer such apparent violation to the

Commission.

(2) The Commission upon receiving any complaint under paragraph

(1) (A), or a referral under paragraph (1) (B), or if it has reason to

believe that any person has committed a violation of any such provi-

a. shall notify the person involved of such apparent violation and

ali—

(A) report such apparent violation to the Attorney General ; or

(B) make an investigation of such apparent violation.

(3) Any investigation under paragraph (2) (B) shall be conducted

expeditiously and shall include an investigation of reports and state-

ments filed by any complainant under this title, if such complainant

is a candidate. Any notification or investigation made under paragraph

(2) shall not be made public by the Commission or by any other person

without the written consent of the person receiving such notification

or the person with respect to whom such investigation is made.

(4) The Commission shall, at the request of any person who receives

notice of an apparent violation under paragraph (2), conduct a hear-

ing with respect to such apparent violation.

(5) If the Commission determines, after investigation, that there is

reason to believe that any ‘genes has engaged, or is about to engage in

any acts or practices which constitute or will constitute a violation of

this Act, it may endeavor to correct such violation by informal meth-

ods of conference, conciliation, and persuasion. If the Commission fails

to correct the violation through informa] methods, it may institute a

civil action for relief, including a permanent or temporary injunction,

restraining order, or any other appropriate order in the district court

of the United States for the district in which the person against whom

such action is brought is found, resides, or transacts business. Upon a

proper showing that such person has engaged or is about to engage in

such acts or practices, the court shal] grant a permanent or temporary

injunction, restraining order, or other order.

(6) The Commission shall refer apparent violations to the appro-

priate law enforcement authorities to the extent that violations of

provisions of chapter 29 of Title 18, United States Code, are involved,

or if the Commission is unable to correct apparent violations of this

Act under the authority given it by paragraph (5), or if the Commis-

sion determines that any such referral is appropriate.

(7) Whenever in the judgment of the Commission, after affordin

due notice and an opportunity for a hearing. any person has engage

or is about to engage in any acts or practices which constitute or will

constitute a violation of any provision of this Act or of section 608,

610, 611, 613, 614. 615, 616, or 617 of Title 18, United States Code upon

request by the Commission the Attorney General on behalf of the

United States shall institute a civil action for relief, including a per-

mancnt or temporary injunction, restraining order, or any other ap-

propriate order in the district court of the United States for the

(listrict in which the person is found, resides, or transacts business.

Upon a proper showing that such person has engaged or is about to

engage in such acts or practices, a permanent or temporary injunction,

restraining order, or other order shall be granted without bond by

such court.

(8) In any action brought under paragraph (5) or (7) of this sub-

section, subpenas for witnesses who are required to attend a United

States district court may run into any other district.

(9) Any party aggrieved by an order granted under paragraph (5)

or (7) of this subsection may, at any time within 60 days after the

date of entry thereof, file a petition with the United States court of

appeals for the circuit in which such order was issued for judicial

review of such order.

(10) The judgment of the court of appeals affirming or setting aside,

in whole or in part, any such order of the district court shall be final,

subject to review by the Supreme Court of the United States upon

certiorari or certification as provided in section 1254 of Title 25. United

States Code.

(11) Any action brouglit under this subsection shall be advanced on

the docket of the court in which filed, and put ahead of all other

actions (other than other actions brought under this subsection or

under section 437h of this title).

(b) In any case in which the Commissior. refers an apparent viola-

tion to the Attorney General, the Attorney General shall respond by

report to the Commission with respect to any action taken by the

Attorney General regarding such apparent violation. Each report shall

be transmitted no later than 60 days after the date the Commission

refers any apparent violation, and at the close of every 30-day period

thereafter until there is final disposition of such apparent violation.

The Commission may from time to time prepare and publish reports

on the status of such referrals.

§ 437h. Judicial review

(a) The Commission. the national committee of any political

party, or any individual eligible to vote in any election for the

office of President of the United States may institute such actions

in the appropriate district court of the United States, including ac-

tions for declaratory judgment, as may be appropriate to construe

the constitutionality of any provision of this Act or of section 608, 610,

G11, 613. 614. 615. 616. or 617 of Title 18, United States Code. The

district court immediately shall certify all questions of constitution-

ality of this Act or of section 608, 610, 611, 613, 614, 615, 616, or 617

of Title 18. United States Code, to the United States court of appeals

for the cireuit involved, which shall hear the matter sitting en bance.

(b) Notwithstanding any other provision of law, any decision on

a matter certified under subsection (a) shall be reviewable by appeal

directly to the Supreme Court of the United States. Such appeal shall

be brought no later than 20 days after the decision of the court of

appeals.

Court of the United States to advance on the docket and to expedite to

the greatest possible extent the disposition of any matter certified

under subsection (a).

§ 438. Administrative and judicial provisions °

(a) Duties. It shall be the duty of the Commission—

(1) Forms. To develop and furnish to the person required by

the provisions of this Act prescribed forms for the making of the

reports and statements required to be filed with it under this

chapter:

(2) Manual for uniform bookkeeping and reporting methods.

To prepare, publish, and furnish to the person required to file

uch reports and statements a manual setting forth recommended

uniform methods of bookkeeping and reporting;

(3) Filing, coding, and cross-indexing system. To develop a

filing. coding, and cross-indexing system consonant with the pur-

poses of this chapter;

(4) Public inspection; copies; sale ov use restrictions, To make

the reports and statements filed with it available for public

inspection and copying, commencing as soon as practicable but

not later than the end of the second day following the day during

which it was received, and to permit copying of any such report

® Nothwithstanding section 308(a)(7) of the Federal Election Campaign Act of 1971

(relating to an annual report by the supervisory officer), as in effect on the day before

the effective date of the amendments made by paragraph (1) of section 200(a) of the

Federal Election Campaign Act Amendments of 1974, no such annual report shall be re-

quired with respect to any calendar year beginning after December 31, 1972.

Bia.

or statement by hand or by duplicating machine, as requested by

any person, at the expense of such person: Provided, That any

information copied from such reports and statements shall not

be sold or utilized by any person for the purpose of soliciting con-

tributions or for any commercial purpose ;

(5) Preservation of reports and statements. To preserve such re-

ports and statements for a period of 10 years from date of receipt,

except that reports and statements relating solely to candidates

for the House of Representatives shall be preserved for only 5

years from the date of receipt ;

(6) Ludex of reports and statements; publication in Federal

and statements filed with it, which shall be published in the Fed-

eral Register at regular intervals and which shall be available for

purchase directly or by mail for a reasonable price;

_ (1) Special reports; publication. To prepare and publish from

time to time special reports listing those candidates for whom

reports were filed as required by this title and those candidates

for whom such reports were not filed as so required ;

(8) Audits; investigations. To make from time to time audits

and field investigations with respect to reports and statements

filed under the provisions of this chapter, and with respect to

alleged failures to file any report or statement required under

the provisions of this chapter;

(9) Enforcement authorities; reports of violations. To report

apparent violations of Jaw to the appropriate law enforcement

authorities; and

(10) Rules and regulations. To prescribe rules and regulations

to carry out the provisions of this chapter, in accordance with the

provisions of subsection (c).

(b) Commission; duties: national clearinghouse for information;

studies, scope, publication, copies to general public at cost. Tt shall

he the duty of the Commission to serve as a national clearinghouse

for information in respect to the adininistration of elections. In ¢arry-

ing out its duties under this subsection, the Commission shall enter

into contracts for the purpose of conducting independent studies of

the administration of elections. Such studies shall include, but shall

not be limited to, studies of—

(1) the method of selection of, and the type of duties assigned

to, officials and personnel working on boards of elections;

(2) practices relating to the registration of voters; and

_ (3) voting and counting methods.

Studies made under this subsection shall be published by the Com-

mission and copies thereof shall be made available to the general public

upon the payment of the cost thereof.

(1) The Commission, before prescribing any rule or regulation

under this section, shall transmit a statement with respect to such

rule or regulation to the Senate or the House of Representatives,

as the case may be, in accordance with the provisions of this sub-

section. Such statement shall set forth the proposed rule or regu-

lation and shall contain a detailed explanation and justification

of such rule or regulation.

(2) If the appropriate body of the Congress which receives a

statement from the Commission under this subsection does not,

through appropriate action, disapprove the proposed rule or regu-

lation set forth in such statement no later than 30 legislative

days after receipt of such statement. then the Commission may

prescribe such rule or regulation. In the case of any rule or regu-

lation proposed to deal with reports or statements required to

be filed under this title by a candidate for the office of President

of the United States, and by political committees supporting such

a candidate both the Senate and the House of Representatives

shall have the power to disapprove such proposed rule or regula-

tion. The Commission may not prescribe any rule or regulation

which is disapproved under this paragraph.

(3) If the Commission proposes to prescribe any rule or regu-

lation dealing with reports or statements required to be filed under

this title by a candidate for the office of Senator, and by political

committees supporting such candidate, it shall transmit such state-

ment to the Senate. If the Commission proposes to prescribe any

rule or regulation dealing with reports or statements required to

be filed under this title by a candidate for the office of Representa-

tive, Delegate, or Resident Commissioner, and by political com-

mittees supporting such candidate, it shall transmit such state-

ment to the House of Representatives. If the Commission proposes

to prescribe any rule or regulation dealing with reports or state-

ments required to be filed under this title by a candidate for the

office of President of the United States. and by political commit-

tees supporting such candidate it shall transmit such statement

to the House of Representatives and the Senate.

(4) For purposes of this subsection, the term “legislative days”

does not include, with respect to statements transmitted to the

Senate, any calendar day on which the Senate is not in session,

and with respect to statements transmitted to the House of Repre-

sentatives, any calendar day on which the House of Representa-

tives is not in session, and with respect to statements transmitted

to both such bodies, any calendar day on which both Houses of the

Congress are not in session.

(dl) Rules and requlations; congressional cooperation.

(1) The Commission shall prescribe suitable rules and regula-

tions to carry out the provisions of this title, including such rules

and regulations as may be necessary to require that—

(A) reports and statements required to be filed under this

title by a candidate for the office of Representative in. or

Delegate or Resident Commissioner to, the Congress of the

United States, and by political committees supporting such

candidate, shall be received by the Clerk of the House of

Representatives as custodian for the Commission :

(13) reports and statements required to be filed under this

title by a candidate for the office of Senator. and by political

committees supporting such candidate. shall be reeeived by

a rv of the Senate as custodian for the Commission:

sun

Secretary of the Senate, as custodians for the Commission,

each shall make the reports and statements received by him

available for public inspection and copying in accordance

with paragraph (4) of subsection (a), and preserve such

reports and statements in accordance with paragraph (5)

of subsection (a).

(2) It shall be the duty of the Clerk of the Tfouse of Repre-

smtatives and the Secretary of the Senate to cooperate with the

Commission in carrying out its duties under this Act and to

furnish such services and facilities as may be required in accord-

ance with this section.

§ 439. Statements filed with State officers

(a) “Appropriate State” defined. A copy of each statement required

to be filed with the Commission by ‘this chapter shall be filed with

the Secretary of State (or, if there is no office of Secretary of State.

the equivalent State officer) of the appropriate State. For purposes

of this subsection, the term “appropriate State” means—

(1) for reports relating to expenditures and contributions in

connection with the campaign for nomination for election, or elec-

tion, of a candidate to the office of President or Vice President of

the United States, each State in which an expenditure is made by

him or on his behalf, and

(2) for reports relating to expenditures and contributions in

connection with the campaign for nomination for election, or

election, of a candidate to the office of Senator or Representative

in, or Delegate or Resident Commissioner to, the Congress of the

United States, the State in which he seeks election.

(b) Duties of State officers. It shall be the duty of the Secretary

of State, or the equivalent State officer, under subsection ¢a) of this

section—

(1) to receive and maintain in an orderly manner all reports

and statements required by this chapter to be filed with him;

(2) to preserve such reports and statements for a period of 10

years from date of receipt, except that reports pnd statements

relating solely to candidates for the House of Representatives shall

be preserved for only 5 years from the date of receipt ;

(3) to make the reports and statements filed with him available

for public inspection and copying during regular office hours, com-

mencing as soon as practicable but not later than the end of the

day during which it was received, and to permit copying of any

such report or statement by hand or by duplicating machine, re-

quested by any person, at the expense of such person ; and

(4) to cemniie and maintain a current list of all statements or

parts of statements pertaining to each candidate.

§ 439a. Use of contributed amounts for certain purposes

Amounts received by a candidate as contributions that are in excess

of any amount necessary to defray his expenditures. and any other

amounts contributed to an individual for the purpose of supporting

his activities as a holder of Federal office, may be used by such eand-

date or individual, as the case may be, to defray any ordinary and

necessary expenses incurred by him in connection with his duties as a

holder of Federal office, may be contributed by him to any organi-

zation described in section 170(c) of Title 26 of the Us. Code, or

may be used for any other lawful purpose. To the extent any such

‘contribution, amount contributed. or expenditure thereof is not otier-

wise required to be disclosed under the provisions of this title, such

contribution, amount contributed, or expenditure shall be fully dis-

closed in accordance with rules promulgated by the Commission. The

Commission is authorized to prescribe such rules as may be necessary

to carry out the provisions of this section.

§ 439b. Prohibition of franked solicitations

No Senator, Representative. Resident Commissioner, or Delegate

shall make any solicitations of funds by a mailing under the frank

under section 3210 of Title 39. United States Code.

§$ 439c. Authorization of appropriations

There are authorized to be appropriated to the Commission for

the purpose of carrying out its Eccstionn under this Act, and under

chapters 95 and 96 of Title 26 of the United States Code, not to

exceed $5 million for the fiscal year ending June 30, 1975.

§ 441.‘ Penalties for violations

(a) Any person who violates any of the provisions of this chapter

shall be fined not more than $1,000 or imprisoned not more than 1

year, or both.

(b) In case of any conviction under this chapter, where the pun-

ishment inflicted does not include imprisonment, such conviction shall

be deemed a misdemeanor conviction only.

§ 442. Authority to procure technical support and other serv-

ices and incur travel expenses; payment of such ex-

- penses

For the purpose of carrying out his duties under the Federal Elec-

tion Campaign Act of 1971 [as amended]. the Secretary of the Senate

is authorized, from and after July 1. 1972—

(1) to procure technical support services.

(2) to procure the temporary or intermittent services of indi-

vidual ro we sn experts, or consultants, or organizations thereof,

in the same manner and under the same conditions, to the extent

applicable, as a standing committee of the Senate may procure

such services under section 72a (i) of this title.

(3) with the prior consent of the Government department or

agency concerned and the Committee on Rules and Administra-

tion, to use on a reimbursable basis the services of personnel of any

such department or agency. and

(4) to incur official expenses.

Payinents to carry out the provisions of this paragraph shall be made

from funds included in the appropriation “Miscellaneous Items” under

the heading “Contingent Expenses of the Senate” upon vouchers

approved by the Secretary of the Senate. All sums received by the

Secretary under authority of the Federal Election Campaign Act of

1971 [as amended | shall be covered into the Treasury as miscellaneous

receipts.

§ 451. Extension of credit by regulated industries; regulations

The Civil Aeronautics Board. the Federal Communications Com-

nassion, and the Interstate Commerce Commission shall each pronul-

‘Sec. 440 was stricken from the United States Code by P.L. 93-443. Its provisions are

now governed by 15 U.S.C. § 614. y % provisions a

gate, within 90 days after February 7, 1972, its own regulations with

respect to the extension of credit, without ecponda 4 by any person

regulated by such Board or Commission to any candidate for Federal

office, or to any person on behalf of such a candidate, for goods fur-

nished or services rendered in connection with the campaign of such

candidate for nomination for election, or election, to such office.

§ 452. Prohibition against use of certain Federal funds for elec-

tion activities; definitions

No part of any funds appropriated to carry out the Economic Op-

portunity Act of 1964 shall be used to finance, directly or indirectly,

any activity designed to influence the outcome of any election to Fed-

eral office, or any voter registration activity, or to bey the salary of

any officer or employee of the Office of Economic Opportunity who,

in his official capacity as such an officer or employee, engages in any

such activity.

§ 453. Effect on State law

The provisions of this Act, and of rules prescribed under this et.

supersede and preempt any provision of State law with respect to

election to Federal office.

§ 454. Partial invalidity

If any provision of this title, or the application thereof to any person

or circumstance, is held invalid, the validity of the remainder of the

title and the application of such provision to other persons and cir-

cumstances shal] not be affected thereby.

$ 455. Period of limitations

(a) No person shall be prosecuted, tried, or punished for any viola-

tion of title III of this Act or of section 608, 610, 611, 615, 614, 615, 616,

or 617 of Title 18, United States Code. unless the indictment is found

or the information is instituted within 3 years after the clate of the

violation. ;

(b) Notwithstanding any other provision of law—

(1) the period of limitations referred to in subsection (a) shall

apply with respect to violations referred to in such subsection

committed before. on, or after the effective date of this section;

and

(2) no criminal proceeding shall be instituted against any

person for any act or omission which was a violation of any pro-

vision of title II] of this Act. or section 608, 610, 611, or 615 of

Title 18, United States Code. as in effect on December 31, 1974. if

such act or omission does not constitute a violation of any such

provision, as amended by the Federal Election Campaign Act

Amendments of 1974. .

Nothing in this subsection shall affect any proceeding pending in any

court of the United States on the effective date of this section.

§ 456. Additional enforcement authority

(a) In any case in which the Commission. after notice and op-

portunity for a hearing on the record in accordance with section

a4 of Title 5. United States Code. makes a finding that a person

who. while a candidate for Federal office, failed to file a report

required by title III of this Act, and such finding is made before the

expiration of the time within which the failure to file such report may

be prosecuted as a violation of such title III, such person shall be dis-

qualified from becoming a candidate in any future election for Federal

office for a period of time beginning on the date of such finding and

ending one year after the expiration of the term of the Federal office

for which such person was a candidate.

(b) Any finding by the Commission under subsection (a) shall be

subject to judicial review in accordance with the provisions of chapter

7 of Title 5, United States Code.

TITLE 5. GOVERNMENT ORGANIZATION AND

EMPLOYEES

Crartrer 15—Pourricat Actriviry or Cerrais Sratre axp Loca

EMPLOYEES

§ 1501. Definitions

For the purpose of this chapter—

(1) “State” means a State or territory or possession of the

United States ;

(2) “State or local agency” means the executive branch of a

State, municipality, or other political subdivision of a State, or:

an agency or department thereof ;

(3) “Federa rary means an executive agency or other

agency of the United States, but does not include a member bank

of the Federal Reserve System ; and

(4) “State or local officer or employee” means an individual

employed by a State or local agency whose principal employment

is In connection with an activity which is financed in whole or

in - by loans or grants made by the United States or a Fed-

eral agency, but does not include—

(A) an individual who exercises no functions in connec-

tion with that activity ; or

(B) an individual employed by an educational or research

institution, establishment, agency, or system which is sup-

ported in whole or in part by a State or political subdivision

thereof, or by a recognized religious, philanthropic, or cul-

tural organization.

§ 1502. Influencing elections; taking part in political campaigns;

prohibitions; exceptions

(a) A State or local officer or employee may not—

(1) use his official authority or influence for the purpose of in-

terferring with or affec* ing the result of an election or a nomina-

tion for :

(2) directly or indirectly coerce, attempt to coerce, command,

or advise a State or local officer or employee to pay, lend, or con-

tribute anything ome > a party, committee, organization,

agency. or person for political purposes ; or

O13) be seandidete for elective office. ;

(b) A State or local officer or employee retains the right to vote

as he chooses and to express his opinions on political subjects and

candidates.

(1) the Governor or Lieutenant Governor of a State or an

individual authorized by law to act as Governor;

(2) the mayor of a city;

(3%)

(3) a duly elected head of an executive department of a State

or municipality who is not classified under a State or municipal

merit or civil-service system ; or

(4) an individual holding elective office.

£ 1503. Nonpartisan candidacies permitted

Section 1502(a) (3) of this title does not prohibit any State or local

officer or employee from being a candidate in any election if none of

the candidates is to be nominated or elected at such election as repre-

senting a party any of whose candidates for presidential elector

received votes in the last preceding election at which presidential elec-

tors were selected,

§ 1501. Investigations; notice of hearing

When a Federal agency charged with the duty of making a loan or

vrant of funds of the United States for use in an activity by a State or

local oflicer or employee has reason to believe that the officer or em-

plovee has violated section 1502 of this title, it shall report the matter

tothe Civil Service Commission. On receipt of the report. or on receipt

of other information which seems to the Commission to warrant an

investigation. the Commission shal]—

(1) fix a time and place for a hearing: and

(2) send, by registered or certified mail, to the officer or em-

plovee charged with the violation and to the State or local agency

emploving him a notice setting forth a summary of the alleged

violation and giving the time and place of the hearing.

The hearing may not be held earlier than 10 days after the mailing of

the notice.

§ 1505. Hearings; adjudications; notice of determinations

Either the State or local officer or employee or the State or local

agency employing him, or both, are entitled to appear with counsel at

the hearing under section 1504 of this title, and be heard. After this

hearing. the Civil Service Commission shall—

(1) determine whether a violation of section 1502 of this title

has occurred:

(2) determine whether the violation warrants the removal of

the officer or emplovee from his office or employment: and

(3) notify the officer or employee and the agency of the deter-

mination by registered or certified mail.

§ 1506. Orders; withholding loans or grants; limitations

(a) When the Civil Service Commission finds—

(1) that a State or local officer or employee has not been re-

moved from his office or employment within 50 days after notice

of a determination by the Commission that he has violated section

12 of this title and that the violation warrants removal: or

(2) that the State or local officer or emplovee has been removed

and has heen appointed within 1S months after his removal to

an office or eniployment in the same State ina Siate or local ageney

which does not receive loans or grants from a Federal agency:

the Commission shall make and certify to the appropriate Federal

agency an erder requiring that agency to withhold from its leans or

grants tothe State or local agency to which notice was given an amount

equal to 2 years’ pay at the rate the officer or employee was receiving

at the time of the violation. When the State or local agency to which

appointment within 18 months after removal has been made is one

that receives loans or grants from a Federal agency, the Commission

order shall direct that the withholding be made from that State or

local agency.

(b) Notice of the order shall be sent by registered or certified mail

to the State or local agency from which the amount is ordered to be

withheld. After the order becomes final, the Federal agency to which

the order is certified shall withhold the amount in accordance with

the terms of the order. Except as provided by section 1508 of this title.

a determination of order of the Commission becomes final at the end

of 30 days after mailing the notice of the determination or order.

from a loan or grant pledged by a State or local agency as security for

its bonds or notes if the withholding of that amount would jeop-

ardize the payment of the principal or interest on the bonds or notes.

§ 1507. Subpenas and depositions

(a) The Civil Service Commission may require by subpena the at-

tendance and testimony of witnesses and the production of documen-

tary evidence relating to any matter before it as a result of this chap-

ter. Any member of the Commission may sign subpenas, and members

of the Commission and its examiners when authorized by the Commis-

sion may administer oaths, examine witnesses, and receive evidence.

The attendance of witnesses and the production of documentary evi-

dence may be required from any place in the United States at the des-

ignated place of hearing. In case of disobedience to a subpena, the

Commission may invoke the aid of a court of the United States in

requiring the attendance and testimony of witnesses and the produc-

tion of documentary evidence. In case of contumacy or refusal to obey

2 subpena issued to a person, the U.S. district court within whose

jurisdiction the inquiry 1s carried on may issue an order requiring him

to appear before the Commission, or to produce documentary evidence

if so ordered, or to give evidence concerning the matter in question;

and any failure to obey the order of the court may be punished by the

court as a contempt thereof.

(b) The Commission may order testimony to be taken by deposition

at any stage of a proceeding or investigation before it as a result of

this chapter. Depositions may be taken before an individual designated

by the Commission and having the power to administer oaths. Testi-

mony shall be reduced to writing by the individual taking the deposi-

tion, or under his direction, and shall be subscribed by the deponent.

Any person may be compelled to appear and depose and to produce

documentary evidence before the Commission as provided by this

section.

or from producing documentary evidence or in obedience to a subpena

on the ground that the testimony or evidence, documentary or other-

wise required of him may tend to incriminate him or subject him to a

istrict court for the district in which the State or local officer or

thing concerning which he is compelled to testify. or produce evidence,

documentary or otherwise. before the Commission in obedience to a

subpena issued by it. A person so testifying is not exempt from prose-

cution and punishment for perjury committed in so testifying.

§ 1508. Judicial review

A party aggrieved by a determination or order of the Civil Service

(Commission under section 1504, 1505, or 1506 of this title may, within

30 days after the mailing of notice of the determination or order, insti-

tute proceedings for review thereof by filing a petition in the U.S,

district court for the district in which the State or loca! officer or

employee resides. The institution of the proceedings does not operate

asa stay of the determination or order unless—

(1) the court specifically orders a stay: and

(2) the officer or emplovee is suspended from his oflice or em-

ployment while the proceedings are pending.

A copy of the petition shall immediately be served on the Commission,

vil thereupon the Commission shall certify and file in the court a

transeript of the record on which the determination or order was made.

The court shall review the entire record including questions of fact

and questions of law. If application is made to the court for leave to

adduece additional evidence, and it is shown to the satisfaction of the

court that the additional evidence may materially affect the result of

the proceedings and that there were reasonable grounds for failure to

adduee this evidence in the hearing before the Commission, the court

may direct that the additional evidence he taken before the Conmis-

sion in the manner and on the terms and conditions fixed by the court.

The Commission may modify its findings of fact or its determination or

order in view of the additional evidence and shall file with the court

the modified findings, determination, or order: or the modified findings

of fact. if supported by substantial evidence, are conclusive. The court

shall affirm the determination or order, or the modified determination

or order, if the court determines that it is in accordance with law. If

the court determines that the determination or order, or the modified

determination or order, is not in accordance with law, the court shall

remand the proceeding to the Commission with directions either to

make a determination or order determined by the court to be lawful or

to take such further proceedings as, in the opinion of the court, the

law requires. The judgment and decree of the court are final, subject

to review by the appropriate U.S. court of appeals as in other cases,

and the judgment and decree of the court of appeals are final, subject

to review by the Supreme Court of the United States on certiorari or

certification as provided by section 1254 of Title 28. If a provision of

this section is held to be invalid as applied to a party by a determina-

tion or order of the Commission, the determination or order becomes

a effective as to that party as if the provision had not been

enacted.

TITLE 18. CRIMES AND CRIMINAL PROCEDURE

Cuaprer 29—Exnecrions ano PourricaL AcTIVITIEs

§591. Definitions *

Except as otherwise specifically provided, when used in this section

and in sections 597, 599, 600, 602, G08, 610, G11, 614, 615, and 617 of

this title—

(a) “election” means—

(1) a general, special, primary, or runoff clection;

(2) a convention or caucus of a political party held to

nominate a candidate ;

(3) a primary election held for the selection of delegates

to a national nominating convention of a political party; or

(4) a primary election held for the expression of a pref-

erence for the nomination of persons for election to the office

of President:

(b) a “candidate” means an individual who seeks nomination

for election, or election, to Federal office, whether or not such indi-

vidual is elected, and, for purposes of this paragraph, an individ-

ual shall be deemed to seek nomination for election, or election, to

Federal office, if he has—

(1) taken the action necessary under the law of a State to

qualify himself for nomination for election, or election; or

(2) received contributions or made expenditures, or has

given his consent for any other person to receive contribu-

tions or make expenditures, with a view to bringing about his

nomination for election, or election, to such office ;

dent of the United States, or Senator or Representative in, or

Delegate or Resident Commissioner to, the Congress of the United

States;

(d) “political committee” means any committee, club, associa-

tion, or other group of persons which receives contributions or

makes expenditures during a calendar year in an aggregate

amount exceeding $1,000;

(e) “contribution”—

(1) means a gift, subscription, loan, advance, or deposit of

money or anything of value (except a loan of money by a

national or State bank made in accordance with the appli-

cable banking Jaws 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 Cole,

relating to elections and political activities, supersede and preempt any provision of State

law with respec’ to election to Feleral office.

The terms “election,” “Federai office,” and “State,” as used in the preceding sentence of

this footnote, ave the meanings given them by section 591 of Title 18, United States Code.

(37)

43-682— 75 4

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

es 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 :

(BB) 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;

use In # candidate's campaign at a charge less than the

normal comparable charge, if such charge for wse in a

canslidate’s campaign is at least equal to the cost of such

food or beverage to the vendor:

(I) any unreimbursed payment for travel expenses

made by an individual who on his own behalf volunteers

his personal services to a candidate: or

(FE) 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 publie 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),

So sen (1) does not exceed $500 with respect to any

"ection

(f) “expenditure”—

(1) means a purchase, payment, distribution, loan,

advance, deposit, or gift of money or anything of value

(except a loan of money by a national or State bank made in

accordance with the applicable banking laws and regulations

and in the ordinary course of business), made for the purpose

of influencing the nomination for election, or election, of any

person to Fs eral office or for the purpose of influencing the

results of a primary held for the sclection 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 1hi-

plied, whether or not legally enforceable, to make any ex-

penditure ; and

(3) means the transfer of funds by a political committer (0

another political committee; but

(4) does not include—

(A) any news story, commentary, or editorial dist» )-

uted through the facilities of any broadcasting station,

newspaper, magazine, or other periodical publication,

unless such facilities are owned or controlled by any

political party, political committee, or candidate; _

(B) nonpartisan activity designed to encourage indi-

viduals to register to vote or to vote;

zation or corporation to its members or stockholders, if

such membership organization or corporation is not or-

ganized primarily for the purpose of influencing ‘he

nomination for election, or election, of any person to

Federal office;

(D) the use of real or personal property and the cost

of invitations, food, and beverages, voluntarily proviced

by an individual to a candidate in rendering voluntary

personal services on the individual's residential] premises

for candidate-related activities;

(E) any unreimbursed payment for travel expenses

made by an individual who on his own behalf volunteers

his personal services to a candidate;

(I*) any communication by any person which is not

made for the purpose of influencing the nomination for

election, or election, of any person to Federal office ;

(G) 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 shal] not apply in the case of costs incurred by

such committee with respect to a display of any such

listing made on broadcasting stations, or In newspapers,

magazines or other similar types of general public politi-

eal advertising;

(H) any costs incurred by a candidate in connection

with the solicitation of contributions by such candidate,

except that this clause shal] not apply with respect to

costs incurred by a candidate in excess of an amount

equal to 20 percent of the expenditure limitation appli-

eable 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 ; a

(¢) “person” and “whoever” mean an individual, partnership.

committee, association, corporation, or any other orgenization or

group of persons; a oa

(h) “State” means each State of the United States. the District

of Columbia, the Commonwealth of Puerto Rice, and any terri-

tory or possession of the United States:

(i) “political party” means anv 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: .

(ij) “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 : be

(k) “national committee” means the organization which, by

virtue of the bylaws of the political _ y. 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 437¢(a) of Title 2. United States Code; and

(1) “principal campaign committee” means the principal cam-

paign committee designated by a candidate under section 452

(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 anv 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

voth; 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 sj ecial 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

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

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 shal] not prohibit or make unlawful any act by any

oflicer 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 tnited

States. either before or after he executes any ballot under any Federal

or State law, with reference to his choice of or his vote for any candi-

date. or states, publishes, or releases any result of any purported poll

taken from or among the members of the Armed Forces of the United

States or including within it the statement of choice for such candidate

or of such votes cast by any member of the Armed Forces of the United

States, shall be fined not more than $1,000 or imprisoned for not more

than 1 year, or both.

The word “poll” means any request for information, verba! 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 vote 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 vear. 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 anv 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 vear. or both.

§ 599. Promise of appointment by candidate

Whoever, being a candidate, directly or indirectly promises or

pledges the appointment, or the use of his influence or support for the

- memory of any person to any public or private position or em-

ployment, for the purpose of procuring support in his candidacy 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 vears, or both.

§ 600. Promise of employment or other benefit for political

activity

Whoever, directly or indirectly. promises any employment. position,

compensation, contract, appointment, or other benefit. provided for or

made possible in whole or in part by any Act of Congress. or any

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

connection with any general or special election to any political office,

or in connection with any primary election or political convention or

caucus held to select candidates for any political office, shall be fined

not more than $1.000 or imprisoned not more than 1 vear, or both.

§ 601. Deprivation of employment or other benefit for political

activity

Whoever, except as required by law, directly or indirectly. deprives,

attempts to deprive, or threatens to deprive any person of any employ-

ment, position, work, compensation, or other benefit provided for or

made possible by any Act of Congress appropriating funds for work

relief or relief purposes, on account of race, creed. color, or any politi-

cal activity, support of, or opposition to any candidate or any politi-

cal party in any election, shall be fined not more than $1,000 or im-

prisoned not more than 1 year, or both.

§ 602. Solicitation of political contributions

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-

ment or agency thereof, or a person receiving any salary or

a for services from money derived from the Treasury of

the United States. directly or indirectly solicits, receives, or is in'‘any

manner concerned in soliciting or receiving, any assessment, subscrip-

tion, or contribution for any political purpose whatever, from any

other such officer, employee. or person, shall be fined not more than

$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-

cial duties by any person mentioned in section 602 of this title, or

in any navy yard, fort, or arsenal, solicits or receives any contribution

of moneys or other thing of value for any political purpose, shall be

fined not more than $5,000 or imprisoned not more than 3 years, or

both.

§ 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 — 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

Whoever, for political purposes, furnishes or discloses any list or

names of persons receiving compensation, employment or benefits

provided for or made possible by any Act of Congress appropriating.

or authorizing the appropriation of funds for work relief or relief

purposes, to a political candidate, committee, campaign manager, or

to any person for delivery to a political candidate, committee, or

campaign manager ; and

Whoever receives any such list or names for political purposes, shall

~~ — not more than $1,000 or imprisoned not more than 1 year, or

oth.

§ 606. Intimidation to secure political contributions

Whoever, being one of the officers or employees of the United States

mentioned in section 602 of this title, discharges, or promotes, or

degrades, or in any manner changes the official rank or compensation

of any other officer or employee, or promises or threatens so to do, for

giving or withholding or caeatinn to make any contribution of money

or other valuable thing for any political purpose, shall be fined not

more than $5,000 or imprisoned not more than 3 years, or both.

§ 607. Making political contributions

Whoever, being an officer, clerk, or other person in the service of the

United States or any department or agency thereof, directly or indi-

rectly gives or hands over to any other officer, clerk, or person in the

service of the United States, or to any Senator or Member of or Dele-

gate to Congress, or Resident Commissioner, any money or other

valuable thing on account of or to be applied to the promotion of any

political object, shal] be fined not more than $5,000 or imprisoned not

more than 3 years, or both.

§ 608 Limitations on contributions and expenditures *

(a) Personal funds of candidate and family.

(1) No candidate may make expenditures from his personal

funds, or the personal funds of his immediate family, in connec-

tion with his campaigns during any calendar year for nomination

for election, or for election, to Federal office in excess of, in the

agrerregate—

a Notwithstanding section GOS(ai(1) of Title 18, United States Code, relating to

imitations on expenditures from personal funds, any individual may satisfy or discharge,

out of his personal funds or the personal funds of his immediate family. any debt or

obligation which is outstanding on the date of the enactment of this Act and which was

Incurred by him or on his behalf by any political committee in connection with any cam-

poign ending hefore the clove of December 21, 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 Tithe 18, United States Code: and (2) the term ‘immediate family” has the meaning

civen it bw section GOS(aj) (2) of Title 18, United States Code.

(A) $50,000. in the case of a candidate for the office of

President or Vice President of the United States ;

(B) $35,000, in the case of a candidate for the office of

Senator or for the office of Representative from a State which

is entitled to only one Representative: or

Representative, or Delegate or Resident Commissioner, 1n

pe try of thi ] lit le in a year

For purposes of this paragraph, any expenditure made ye

pw. than the calendar tae te which the election is held with

respect to which such expenditure was made, is considered to be

made during the calendar year in which such election is held.

(2) For purposes of this subsection, “immediate family” means

a candidate's spouse, and any child. parent. grandparent, brother,

or sister of the candidate. and the spouses of such persons.

(3) No candidate or his immediate family may make loans or

advances from their personal funds in connection with his cam-

paign for nomination for election. or for election, to Federal office

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

shall be inehded in computing the total amount of such expendi-

tures only to the extent of the balance of such loan or advance out-

standing and unpaid.

(b) Contributions by persons and committees.

(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.

(2) No political committee (other than a principal campaign

committee) shall make contributions to any candidate with re-

spect to any election for Federal office which, in the aggregate,

exceed $5,000. Centributions by the national committee of a po-

litical party serving as the principal campaign committee of a

candidate for the office of President of the United States shall

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

which has received contributions from more than 50 persons and.

except for any State political party organization. has made con-

tributions to 5 or more candidates for Federal office.

3) No individual shall make contributions aggregating more

than $°" 90 in any calendar year. For purposes of this para-

grap) ntribution made in a year other than the calendar

vear i, he election is held with respect to which such con-

tributic made, is considered to be made during the calendar

vear in Wise such election is held.

(4) For purposes of this subsection—

(A) contributions to a named candidate made to any po-

litical committee authorized by such candidate, in writine.

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

he contributions made to or for the benefit of the candidate

of such party for election t

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