# Appendix — Buckley v. Valeo > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_1070%3A06 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1976 - **Citation:** 424 U.S. 1 ## Text ee es = @ 5 a 4 8 6 { a ey — - 75-437 | " a Se soe =: aoe hii) 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 i, Sec. 382. Notice of contest (a) Filing of notice... _____.___ a (b) Contents and form of notice (c) Service of notice; proof of service Sec. 353. Response of contestee____ I i A a (b) Defense by motion prior to answer __..._.....---------- ~ (c) Motion for more definite statement._..........____-_-~_~- aaa (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 (c) Order and time of taking testimony ..---- Sikieniinaitensemene (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: (c) Copy of deposition to parties of deponents_.....------ _ (Vv) Page ee Owe wlctctic to Ct de de be he he ee oe OD ~\s aot eet Mot at me | a ee nce eR een VI Chapter 12—Contested Elections—Continued sec. Sec. ¢ 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.. 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 ee 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 ee Sec. 456. Additional enforcement authority._._...........-..-.------- TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES Chapter 15—Political Activity of Certain State and Local Employees Sec. 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 © 20—Elections and Political Activities 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 Se . 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 en (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 Ix 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- Ce (c) Cross reference............-.-..---) 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 j _* Chapter Sec. Sec Sec, Sec Se - ny Tl’. «, DOORS. Eligibility for pavments . 9055, Qualifiel campaign expense limit tio: xX v5—Presidential Election Campaign Fund—Continued 9005. Certification by Commission._...-.~.. itenadesenenneuae (a) Initial certifications.......... | —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. 9 (c) Enlargement of time. When by this chapter or by the rules or 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; (c) “Federal office” means the office of President or Vice President of the United States; or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States ; 10 (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; (C) the sale of any food or beverage by a vendor for use in a candidate’s campaign at a charge less than the normal 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 ll (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; (C) any communication by any membership organization 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 12 (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. 13 (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. (c) Recordkeeping. It shall be the duty of the treasurer of a po- 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; an _ (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 14 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. (c) Laformation changes; report. Any change in information previ- 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- 15 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. (C) Such reports shall be filed not later than the 10th day 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. 16 (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 (C) sales of items such as political campaign pins, buttons, badges, flags, emblems, hats, banners, literature, and similar materials: (7) each contribution, rebate, refund. or other receipt in excess of $100 not otherwise listed under paragraphs (2) through (6) ; (8).the total sum of all receipts by or for such committee or candidate during the reporting period, together with total receipts less transfers between political committees which support the same candidate and which do not support more than one candidate; 17 (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 ; an (13) such other information as shall be required by the Commission. (c) Cumulative reports for calendar year; amounts for unchanged 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- 18 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. (c) Debts, pledges, etc.; separate schedules; aggregate amounts 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 19 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. 20 § 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 21 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: (C) one of the members appointed under paragraph (1) (C) 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 22 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. (c) All decisions of the ¢ ‘ommission with respect to the exercise of 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 23 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. (c) No person shall be subject to civil liability to any person (other than the Commission or the United States) for disclosing informa- tion at the request of the Commission. ( 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. (c) Subsection (a) (3) of this section does not apply to— (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%) 34 (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 35 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. (c) The Commission may not require an amount to be withheld 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. (c) A person may not be excused from attending and testifying 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 36 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 ; (c) “Federal office” means the office of President or Vice Presi- 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 38 ance thereof that each endorser or guarantor bears to the total number of endorsers or guarantors), made for the purpose of influencing the nomination for election, or election, of any person to Federal office or for the purpose of influencing the results of a primary held for the selection of delegates to a national nominating convention of a political party or for the expression of a preference for the nomination of persons for election to the office of President of the United States; (2) means a contract, promise, or agreement, express or 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; (C) the sale of any food or beverage by a vendor for 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 a 39 (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; (C) any communication by any membership orgsni- 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, 40 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 41 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 42 agency). in connection with any activity which is financed in whole or in part by loans or grants made by the United States, or any depart- ment or agency thereof. uses his official authority for the purpose of interfering with, or affecting. the nomination or the election of any candidate for the office of President, Vice President. presidential elec- tor. Member of the Senate. Member of the House of Representatives, Delegate from the District of Columbia. or Resident Commissioner, shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. This section 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. 43 § 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. 4 § 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. ae +5 (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 (C) $25,000, in the case of a candidate for the office of 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. 46 to accept contributions on his behalf shall be considered to be contributions made to such candidate ; and (B) contributions made to or for the benefit of any candi- date nominated by a political party for election to the office of Vice President of the United States shall be considered to he contributions made to or for the benefit of the candidate of such party for election to the office of President of the United States. (3) The limitations imposed by paragraphs (1) and (2) of this subsection shall apply separately with respect to each election, except that all elections held in any calendar year for the office of President of the United States (except a general election for such office) shall be considered to be one election. (6) For purposes of the limitations imposed by this section, all contributions made by a person, either directly or indirectly, on behalf of a particular candidate, including contributions which are in any way earmarked or otherwise directed through an in- termediary or conduit to such candidate, shall be treated as con- tributions from such person to such candidate. The intermediary or conduit shall report the original source and the intended re- cipient of such contribution to the Commission and to the intended recipient. (c) Limitations on expenditures, (1) No candidate shall make expenditures in excess of— (.A) ten million dollars. in the case of a candidate for nomination for election to the office of President of the United States. except that the aggregate of expenditures under this subparagraph in any one State shall not exceed twice the expenditure limitation applicable in such State to a candi- date for nomination for election to the office of Senator, Dele- gate, or Resident Commissioner, as the case may be; (15) twenty million dollars, in the case of a candidate for election to the office of President of the United States; (C) in the case of any campaign for nomination for elec- tion by a candidate for the office of Senator or by a candidate for the office of Representative from a State which is entitled toonly one Representative, the greater of — (1) eight cents multiplied by the voting age population of the State (as certified under subsection (g)); or (ii) one hundred thousand dollars: (1)) in the case of any campaign for election by a candidate for the office of Senator or by a candidate for the office of Representative from a State which is entitled to only one Representative, the greater of — _ (1) twelve cents multiplied by the voting age popula- tion of the State (as certified under subsection (g)); or (11) one hundred fifty thousand dollars: (F.) seventy thousand dollars. in the case of any campai for nomination for election, or for election, by a candidate for the office of Representative in any other State, Delegate from the Distriet of Columbia, or Resident Commissioner: or 47 (F) fifteen thousand dollars, in the case of any campaign for nomination for election, or for election, by a candidate for the office of Delegate from Guam or the Virgin Islands. (2) For purposes of this subsection— (A) expenditures made by or on behalf of any candidate nominated by a political party for election to the office of Vice President of the United States shall be considered to be expenditures made by or on behalf of the candidate of such party for election to the office of President of the United States: and (13) an expenditure is made on behalf of a candidate, in- cluding a vice presidential candidate, if it is made by— (i) an authorized committee or any other agent of the candidate for the purposes of making any expenditure: or (ii) any person authorized or requested by the candidate, an authorized committee of the candidate, or an agent of the candidate, to make qhe expenditure. (3) The limitations imposed by subparagraphs (C), (D). CE). and (F) of paragraph (1) of this subsection shall apply sepa- rately with respect to each election. (4) The Commission shall prescribe rules under which any expenditure by a candidate for presidential nomination for use in 2 or more States shall be attributed to such candidate’s expendi- ture limitation in each such State, based on the voting age popu- lation in such State which can reasonably be expected to be in- fluenced by such expenditure. (d) Adjustment of limitations based on price index. (1) At the beginning of each calendar year (commencing in 1976), as there become available necessary data from the Bureau of Labor Statistics of the Department of Labor, the Secretary of Labor shall certify to the Commission and publish in the Federal Register the per centum difference between the ae index for the 12 months preceding the beginning of such calendar year and the price index for the base period. Each limitation established by subsection (c) and subsection (f) shall be increased by such per centum difference. Each amount so increased shall be the amount in effect for such calendar year. (2) For purposes of paragraph (1)— (A) the term “price index” means the average over a cal- endar vear of the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics; and (1B) the term “base period” means the calendar year 1974. (ce) Kapend tures relative to clearly identified candidate. (1) No person may make any expenditure (other than an ex- penditure made by or on behalf of a candidate within the mean- ing of subsection (c) (2) (B) relative to a clearly indentified can- didate during a calendar year which, when added to all other expenditures made by such person during the year advocating the election or defeat of such candidate, exceeds $1,000. 48 (2) For pu: poses of paragraph (1)— (A) “clearly identified” means— (i) the candidate’s name appears: (ii) a photograph or drawing of the candidate ap- pears; or (iii) the identity of the candidate is apparent by unambiguous reference. (B) “expenditure” does not include any payment made or incurred by a corporation or a labor organization which, under the provisions of the last paragraph of section 610 of this title, would not constitute an expenditure by such cor- poration or labor organization. (f) i rceptions for national and State committees, (1) Notwithstanding any other provision of law with respect to limitations on expenditures or limitations on contributions, the national committee of a political party and a State committee of a political party, including any subordinate committee of a State committee,” may make expenditures in connection with the general election campaign of candidates for Federal office, subject to the limitations contained in paragraphs (2) and (3) of this subsection. (2) The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affili- ated with such party which exceeds an amount equal to 2 cents multiplied by the voting age population of the United States (as certified under subsection (g)). Any expenditure under this para- graph shall be in addition to any expenditure by a national com- mittee of a political party serving as the principal campaign com- mittee of a candidate for the office of President of the United States. (3) The national committee of a political party, or a State committee of a political party, including any subordinate commit- tee of a State committee, may not make any expenditure in con- nection with the general election campaign of a candidate for Federal office in a State who is affiliated with such party which exceeds— (A) in the case of a candidate for election to the office of Senator, or of Representative from a State which is entitled to only one Representative, the greater of — (i) two cents multiplied by the voting age population of the State (as certified under subsection (g)); or (ii) twenty thousand dollars: and (13) in the case of a candidate for election to the office of Representative, Delegate, or Resident Commissioner in any other State, $10,000, (a) Voting age population estimates, During the first week of Jan- nary 1975, and every subsequent year, the Secretary of Commerce shall certify to the Commission and publish in the Federal Register an estimate of the voting age population of the United States, of each State, and of each congressional district as of the first day of July next preceding the date of certification. The term “voting age popu- lation” means resident population, 15 vears of age or older. (h) Knowing violations. No candidate or political committee shall knowingly accept any contribution or make any expeniture in viola- tion of the provisions of this section. No officer or em_~_ ‘ee of a politi- cal committee shall knowingly accept a contribution made for the benefit or use of a candidate, or knowingly make any expenditure on behalf of a candidate. in violation of any limitation imposed on con- tributions and expenditures under this section. (i) Penalties. Any person who violates any provision of this section shall be fined not more than $25,000 or imprisoned not more than 1 year, or both. § 609. [Repealed] § 610. Contributions or expenditures by national banks, corpora- tions or labor organizations It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expend- iture in connection with any election to any political office, or in cen- nection with any primary election or political convention or caucus held to select candidates for any political office, or for any corporation whatever, or any labor organization to make a contribution or expend- iture in connection with any election at which presidential and vice presidential electors or a Senator or Representative in, or a Delegate or Resident Commissioner to Congress are to be voted for, or in con- nection with any primary election or political convention or caucus held to select cnndiaien for any of the foregoing offices, or for any candidate, political committee, or other person to accept or receive any contribution prohibited by this section. Every corporation or labor organization which makes any contribu- tion or expenditure in violation of this section shall be fined not more than $25,000; and every officer or director of any corporation, or officer of any labor organization, who consents to any contribution or ex- penditure by the corporation or labor organization as the case may be. and any person who accepts or receives any contribution, in violation of this section, shall be fined not more than $1,000 or imprisoned not more than 1 year, or both; and if the violation was willful, shall be —— not more than $50,000 or imprisoned not more than 2 years or For the purposes of this section “labor organization” means any or- ganization of any kind, or any agency or employee representation com- mittee or plan, in which employees participate and which exist for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. As used in this section, the phrase “contribution or expenditure” shall include any direct or indirect payment, distribution, loan, ad- vance, deposit, or gift of money, or any services, 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 50 course of business) to any candidate, campaign committee, or political party or organization, in connection with any election to any of the offices referred to in this section; but shal] not include communications by a corporation to its stockholders and their families or by a labor organization to its members and their families on any subject; non- partisan registration and get-out-the-vote campaigns by a corporation aimed at its stockholders and their families, or by a labor organization aimed at its members and their families: the establishment. administra- tion. and solicitation of contributions to a separate segregated fund to be utilized for political purposes by a corporation or labor organiza- tion: Provided, That it shall be unlawful for such a fund to make a con- tribution or expenditure by utilizing money or anything of value secured by physical force, job discrimination. financial reprisals, or the threat of force, job discrimination, or financial reprisal: or by dues. fees, or other monies required as a condition of membership in a labor organization or as a condition of employment. or by monies obtained in any commercial transaction. § 611. Contributions by Government contractors Whoever— (a) entering into any contract with the United States or any department or agency thereof either for the rendition of personal services or furnishing any material, supplies. or equipment to the United States or any department or agency thereof or for selling any land or building to the United States or any department or agency thereof, if payment for the performance of such contract or payment for such material, supplies. equipment, land. or build- ing to be made in whole or in part from funds appropriated by the Congress, at any time between the commencement of negotia- tions for and the later of— (1) the completion of performance under: or (2) the termination of negotiations for, such contract or furnishing of material, supplies, equipment. land or build- ings; directly or indirectly makes any contribution of money or other thing of value, or promises expressly or impliedly to make any such contribution, to any political party. committee, or candidate for public oflice or to any person for any political purpose or use; or (b) knowingly solicits any such contribution from any such person for any such purpose during any such period: ; shall be fined not more than $25,000 or imprisoned not more than 5 vears, or both. This section does net prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to. any sepa- rate segregated fund by any corporation or labor organization for the purpose of influencing the nomination for election. or election. of any person to Federal office. unless the provisions of section 610 of this title prohibit or make unlawful the establishment or administration of, or the solicitation of contributions to, such fund. . For purposes of this section. the term “labor organization” has the meaning given it by section 610 of this title. en ee ee : ‘ 51 § 612. Publication or distribution of political statements Whoever willfully publishes or distributes or causes to be published or distributed, or for the purpose of publishing or distributing the same, knowingly deposits for mailing or delivery or causes to be de- osited for mailing or delivery, or, except in cases of employees of the Postal Service in the official discharge of their duties, knowingly transports or causes to be transported in interstate commerce any ca rd, pamphlet, circular, poster, dodger, advertisement, writing. or other statement relating to or concerning any person who has publicly de- clared his intention to seek the oflice of President, or Vice President of the United States. or Senator or Representative in, or Delegate or Resident Commissioner to Congress, in a primary, general, or special election, or convention of a political party, or has caused or permitted his intention to do so to be publicly declared, which does not contain the names of the persons, associations, committees, or corporations responsible for the publication or distribution of the same, and the names of the officers of each such association, committee, or corpora- tion, shall be fined not more than $1,000 or imprisoned not more than 1 vear, or both. §613. Contributions by foreign nationals Whoever, being a foreign national, directly or through any other person, knowingly makes any contribution of money or other thing of value, or promises expressly or impliedly to make any such contri- bution, in connection with an election to any political office or in con- nection with any primary election, convention, or caucus held to select candidates for any political office ; or Whoever knowingly solicits, accepts, or receives any such contribu- tion from any such foreign national, shall be fined not more than $25,000 or imprisoned not more than 5 years or both. As used in this section, the term “foreign national” means— (1) a foreign principal, as such term is defined by section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. § 611(b)), except that the term “foreign national” shall not in- clude any individual who is a citizen of the United States: or (2) an individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence, as defined by section 101(a) (20) of the Immigration and Nationality Act (S U.S.C. § 1101(a) (20) ). § 614. Prohibition of contributions in name of another (a) No person shall make a contribution in the name of another person or knowingly permit his name to be used to effect such a con- tribution: and no person shall knowingly accept a contribution made by one person in the name of another person. (b) Any person who violates this section shall be fined not more than $25,000 or imprisoned not more than 1 year, or both. § 615. Limitation on contributions of currency (a) No person shall make contributions of currency of the United States or currency of any foreign country to or for the benefit of any candidate which, in the aggregate, exceed $100, with respect to any 52 campaign of such candidate for nomination for election, or for elec- participate in any plan, scheme, or design to violate paragraph (1 ; . . shall, zi each such offense, be fined not more than $25,000 or impris- oned not more than 1 year, or both. TITLE 26. INTERNAL REVENUE CODE Cuaprer 1, Suscnaprer A, Parr IV—Creprrs Acarnst Tax § 41. Contributions to candidates for public office (a) General rule. In the case of an individual, there shall be allowed, subject to the limitations of subsection (b), as a credit against the tax imposed by this chapter for the taxable year, an amount equal to one-half of all political contributions and ali newsletter fund con- tributions, payment of which is made by the taxpayer within the taxable year. (b) Limitations. (1) Maximum credit. The credit allowed by subsection (a) for a taxable year shall not exceed $25 ($50 in the case of a joint return under section 6013). (2) Application with other credits. The credit allowed by subsection (a) shall not exceed the amount of the tax imposed by this chapter for the taxable year reduced by the sum of the credits allowable under section 33 (relating to foreign tax credit), section 35 (relating to partially tax-exempt interest ) Section 37 (relating to retirement income), and section 38 (relating to investment in certain depreciable prpperty ): (3) Verification. The credit allowed by subsection (a) shall be allowed, with respect to any political contribution or news- letter fund contribution, only if such contribution is verified in such manner as the Secretary * or his delegate shall prescribe by regulations. (c) Definitions. For purposes of this section— (1) Political contribution, The term “political contribution” means a contribution or gift of money to— (A) an individual who is a candidate for nomination or election to any Federal, State, or local elective public office in any primary, general, or special election, for use by such individual to further his candidacy for nomination or election to such office; (B) any committee, association, or organization (whether or not incorporated) organized and operated exclusively for the purpose of influencing, or attempting to influence, the nomination or election of one or more individuals who are candidates for nomination or election to any Federal, State, or local elective public office, for use by such committee, association, or organization to further the candidacy of such ~ ee or individuals for nomination or election to such office ; (C) the national committee of a national political party ; (D) the State committee of a national political party as designated by the national committee of suc party ; or +In Title 26, “Secretary” refers to the Secretary of the Treasury. (53) 423-682-755 ot (E) a local committee of a national political party as designated by the State committee of such party designated under subparagraph (D). (2) Candidate. The term “candidate” means, with respect to any Federal, State, or local elective public office, an individual who— (A) publicly announces before the close of the calendar vear following the calendar vear in which the contribution or zift is made that he is a candidate for nomination or election to such office: and (13) meets the qualifications prescribed by law to hold such office. (3) National political party. The term “national political party” means— (A) in the case of contributions made during a taxable vear of the taxpayer in which the electors of President and Vice President are chosen, a political party presenting candi- dates or electors for such offices on the official election ballot of 10 or more States, or (B) in the case of contributions made during any other taxable year of the taxpayer, a political party which met the qualifications described in subparagraph (A) in the last pre- ceding election of a President and Vice President. (4) State and local. The term “State” means the various States and the District of Columbia; and the term “local” means a politi- cal subdivision or part thereof, or two or more political sub- divisions or parts thereof, of a State. (5) Newsletter fund contribution. The term “newsletter fund contribution” means a contribution or gift of money to a fund established and maintaired by an individual who holds, has been elected to, or is a candidate for nomination or election to, any Tederal, State, or local elective public office for use by such indi- vidual exclusively for the preparation and circulation of a newsletter. (d) Cross references. For disallowance of credits to estates and trusts, see section 642(a) (3). Crarter 1, Suscuarrer B, Parr I]J—I tems Speciricatty INciupep tn Gross INCOME § 84. [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_1070%3A06. Public record. Not legal advice.