CONTENTS Page V IX 1 2 Statement by Special Committee to Investigate Campaign Expenditures, House of Representatives, 1972. Important Notice to Candidates_ I. Explanatory Digest of Federal Constitutional and Statutory Pro- A. Qualifications of Representatives_ B. Number of Representatives Chosen_ C. "Times, Places, and Manner" of Election of Representa- D. Filling of Vacancies in Office of Representative in Con- E. Investigations and Contests_ 1. Investigations-Special Committee to Investigate Campaign Expenditures for the House of Rep- resentatives, 1972, Pursuant to House Resolu- 2. Election Contests-Committee on House Admin- istration, Subcommittee on Elections__ F. Corrupt Practices and Political Activities.... 1. Federal Election Campaign Act of 1971 and Other Provisions Regulating Campaign Financing___ 2. Taxability of Contributions to Candidates for (a) Deductibility of Contributions to Candi- 5. The Powers Act, or an act prohibiting the publi- cation or distribution of election campaign statements not containing names of persons responsible therefor, and McCarthy Amend- ment.. 6. Federal Soldiers Voting Law. 7. Fraudulent Registration or Voting- 8. Summary of Penalties for Violating Provisions of Federal Laws Regulating Campaign Financing. G. The Voting Rights Act of 1965, and 1970 Amendments.. H. House of Representatives Code of Official Conduct: Cam- II. Text of Resolutions Creating Special Committee To Investigate Campaign Expenditures, House of Representatives, 1972, and III. Text of Federal Statutes Governing Election of Representatives A. Election of Representatives, and Election Contests_ 2. Contested Elections. B. Federal Election Campaign Act of 1971. 1. Text of the Act.. 2. 1972 Primary Election Dates and Campaign Pre- 3. Forms and Documents Provided by the Clerk of 4. Manual of Regulations and Accounting Instruc- C. The Hatch Act_ 1. Text of the Act.. Page 34 34 34 36 45 45 62 63 88 95 95 2. Regulations Issued Pursuant to the Hatch Act by 102 D. Tax Incentives for Contributions to Candidates for 120 E. Postal Laws and Regulations. 123 F. Criminal Code Provisions Relating to Elections and Po- 125 IV. Rules and Regulations Issued by Various Federal Agencies, Pursuant to the Federal Election Campaign Act of 1971.. 134 A. Civil Aeronautics Board: Air Travel Credit for Political 134 B. Federal Communications Commission: Use of Broad- 137 C. Federal Communications Commission: Political Cam- 147 149 150 155 VI. Selected State Provisions Relevant to Elections to the United 157 157 B. Nominating Papers and Petition Deadlines and Require ments. 158 C. Filing Fees and Assessments for Candidates to the United 175 D. State Limitations on Campaign Expenditures for Nomi- 178 E. Expenditures Exempted from Limitations set forth in 182 F. Lawful Campaign Expenditures Enumerated. 183 187 H. State Laws Relating to Filling Vacancies in a State's 217 STATEMENT As has been the practice in past years when an election of its Members is held, the House of Representatives has this year created a Special Committee To Investigate Campaign Expenditures. This committee is directed to investigate and report to the House concerning campaign expenditures and other matters pertaining to the election of Members of the House. In addition, the committee is empowered to look into such other matters relating to the election of Members of the House, and the campaigns of the candidates thereof which it deems to be of public interest and which in its opinion will aid the House in enacting remedial legislation or in deciding any contests that may be instituted involving the right to a seat in the House of Representatives. This committee felt that its first duty was to attempt to inform all interested persons as to the laws and regulations which have been enacted to govern the election of Members of the House of Representatives. The committee therefore availed itself of a compilation of the texts of certain provisions of the U.S. Constitution and Federal statutes concerning the election of Representatives in and Delegates to the Congress which had been prepared by the American Law Division, Congressional Research Service of the Library of Congress. Brief explanatory summaries and portions of the texts of the provisions of the U.S. Constitution, the Hatch Act, the Federal Election Campaign Act of 1971, the Pendleton Act, the Powers Act, and other provisions of the United States Code pertaining to elections are included in this print. The texts of these provisions are presented as they appear in the Constitution and United States Code, 1970 edition, as amended. The explanatory summaries were prepared by Stuart Evan Glass, Richard C. Ehlke, John D. Sargent, and Elizabeth Yadlosky, American Law Division. Pertinent sections of the postal laws and regulations are included, as well as regulations proposed or promulgated by several other Federal Executive agencies. Each candidate is cautioned to familiarize himself with the pertinent State law of his particular State. It is impossible in a publication of this nature to present the full text of all of the various States. However, since all the States have certain laws relating to offenses at elections, violation of which could result in criminal prosecution or denial of a seat in the House, a concise summary of the laws for each State has been included in this issue. While all of the information contained in this print is of importance to persons in any way connected with the campaign and election of Members of the House of Representatives, there are particular provisions of the Federal law which should be specifically noted by all concerned. These are: Reports to be filed.-Candidates, political committees, and in some cases individuals making political contributions, are required to file a (V) statement with the Clerk of the House of Representatives as to contributions and expenditures. Forms for this purpose will be furnished each candidate by the Clerk of the House and are reproduced in this report beginning on page 63. Reports required under Federal law are distinct and are not to be confused with reports which may be required under State law or reports which may be required by appropriate congressional committees. An informative digest of the reports required by Federal law can be found at pages 13 to 16 of this print. The State law should be consulted as to reports required by individual States. Limitations on contributions and expenditures.-The limitations imposed by Federal legislation upon the amount that may be contributed or expended is discussed under the heading "Federal Election Campaign Act of 1971 and other Provisions Regulating Campaign Financing," beginning on page 3 of this print. Candidates are cautioned to consult the laws of their respective States concerning State-imposed limitations. Publication of unsigned advertisements and circulars.-The Powers Act prohibits the publication or distribution of political literature which does not contain the name of the person or persons responsible for its publication. It should be noted that this prohibition is not limited to general elections. A reference to this act can be found on page 26 of this print. Political activity by Federal employees.-The Hatch Act restricts the political activity of Federal employees with certain exceptions. Pertinent sections of the text of this act can be found beginning on page 95 of this print and an informative digest begins on page 21. Additional information can be secured from the Civil Service Commission, Washington, D.C. 20415. Ask for Political Activity Information Pamphlet, February 1972. Political contributions by persons receiving salary or compensation from or in the service of the United States.-Sections 602 and 607 of title 18 of the United States Code, commonly referred to as the Pendleton Act, prohibit any Member of, or candidate for, Congress from soliciting or receiving contributions from any person receiving any salary or compensation from the Treasury of the United States. It also prohibits any person in the service of the United States from giving any money or other valuable thing on account of or to be applied to the promotion of any political object to any other person in the service of the United States, including Members of Congress. This statute is very important to all candidates for Representative and is of particular importance to Members of Congress. It should be pointed out that, contrary to the Hatch Act, legislative employees are included in this prohibition. The text of this statute can be found on page 129 of this print. Contributions by firms or individuals contracting with the Federal Government. It is illegal for any person or firm entering into a contract with the United States or any department or agency thereof to make or promise any political contribution of money or anything of value during the negotiation for, or performance under such contract. The text of this provision can be found on page 132 (sec. 611). AUTHORITY, MEMBERSHIP, AND JURISDICTION OF COMMITTEE On February 17, 1972, following custom, the committee chairman, Mr. Thomas P. O'Neill, Jr., of Massachusetts, introduced House Resolution 819, the text of which is set out on pages 31 to 33, infra. On February 22, 1972, the resolution was reported (H. Rept. 92-846). It was taken up by the House, on February 28, 1972, and agreed to. On March 22, 1972, House Resolution 907, providing funds for the expenses of conducting the investigation authorized by House Resolution 819, was introduced in the House and referred to the Committee on House Administration. The resolution as reported, authorizing the Special Committee To Investigate Campaign Expenditures, 1972, to incur expenses not exceeding $185,000, was agreed to on March 29, 1972. The Speaker of the House on February 29, 1972, appointed the following members to the committee: Thomas P. O'Neill, Jr., Massachusetts, Chairman Neal Smith, Iowa Robert L. Leggett, California Samuel L. Devine, Ohio James Harvey, Michigan. The resolution creating the committee directs it to investigate and report to the House not later than January 11, 1973, with respect to the following: 1. The nature and extent of expenditures made by all candidates for the House of Representatives in connection with their campaign for nomination and election to such office; 2. The amounts subscribed, contributed, or expended by individuals or groups of individuals on behalf of each candidate in connection with such campaigns; 3. The use of any other means or influence for the purpose of aiding or influencing the nomination or election of such candidates; 4. Any violations of U.S. statutes pertaining to elections, and involving contributions and expenditures; 5. Any violations of other United States or State statutes which would affect the qualification of a candidate for membership in the House of Representatives within the meaning of article I, section 5, of the Constitution of the United States; 6. Such other matters in connection with the campaign which the committee deems to be in the public interest, and which in its opinion would aid the House of Representatives in enacting remedial legislation or in deciding any contests involving the right to a seat in the House of Representatives. The committee is authorized to institute investigations on complaints or upon its own initiative, to hold hearings, subpena witnesses, and refer any violations found of United States or State statutes to the U.S. Attorney General for such official action as he deems proper. |