[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 391 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 391

To amend the Federal Election Campaign Act of 1971 to prohibit certain 
State election administration officials from actively participating in 
                          electoral campaigns.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2005

 Mr. Lautenberg (for himself, Mr. Kerry, Mrs. Boxer, and Mrs. Clinton) 
introduced the following bill; which was read twice and referred to the 
                 Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Election Campaign Act of 1971 to prohibit certain 
State election administration officials from actively participating in 
                          electoral campaigns.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Election Integrity Act of 
2005''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) chief State election administration officials have 
        served on political campaigns for Federal candidates whose 
        elections those officials will supervise;
            (2) such partisan activity by the chief State election 
        administration official, an individual charged with certifying 
        the validity of an election, represents a fundamental conflict 
        of interest that may prevent the official from ensuring a fair 
        and accurate election;
            (3) this conflict impedes the legal duty of chief State 
        election administration officials to supervise Federal 
        elections, undermines the integrity of Federal elections, and 
        diminishes the people's confidence in our electoral system by 
        casting doubt on the results of Federal elections;
            (4) the Supreme Court has long recognized that Congress's 
        power to regulate Congressional elections under article I, 
        section 4, clause 1 of the Constitution is both plenary and 
        powerful; and
            (5) the Supreme Court and numerous appellate courts have 
        recognized that the broad power given to Congress over 
        Congressional elections extends to Presidential elections.

SEC. 3. PROHIBITION ON CAMPAIGN ACTIVITIES BY ELECTION ADMINISTRATION 
              OFFICIALS.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (2 U.S.C. 431 et seq.) is amended by inserting after section 319 
the following new section:

              ``campaign activities by election officials

    ``Sec. 319A. (a) Prohibition.--It shall be unlawful for a chief 
State election administration official to take an active part in 
political management or in a political campaign with respect to any 
election for Federal office over which such official has supervisory 
authority.
    ``(b) Chief State Election Administration Official.--The term 
`chief State election administration official' means the highest State 
official with responsibility for the administration of Federal 
elections under State law.
    ``(c) Active Part in Political Management or in a Political 
Campaign.--The term `active part in political management or in a 
political campaign' means--
            ``(1) serving as a member of an authorized committee of 
        candidate for Federal office;
            ``(2) the use of official authority or influence for the 
        purpose of interfering with or affecting the result of an 
        election for Federal office;
            ``(3) the solicitation, acceptance, or receipt of political 
        contributions from any person on behalf of a candidate for 
        Federal office;
            ``(4) the solicitation or discouragement of the 
        participation in any political activity of any person;
            ``(5) engaging in partisan political activity on behalf of 
        a candidate for Federal office; and
            ``(6) any other act prohibited under section 7323(b)(4) of 
        title 5, United States Code (other than any prohibition on 
        running for public office).''.
    (b) Enforcement.--Section 309 of the Federal Election Campaign Act 
of 1971 (42 U.S.C. 437g) is amended by adding at the end the following 
new subsection:
    ``(d)(1) Notwithstanding paragraphs (1) through (5) of subsection 
(a), any person who has knowledge of a violation of section 319A has 
occurred may file a complaint with the Commission. Such complaint shall 
be in writing, signed and sworn to by the person filing such complaint, 
shall be notarized, and shall be made under penalty of perjury subject 
to the provisions of section 1001 of title 18, United States Code. The 
Commission shall promptly notify any person alleged in the complaint 
and the candidate with respect to whom a violation is alleged, and 
shall give such person and such candidate an opportunity to respond. 
Not later than 14 days after the date on which such a complaint is 
filed, the Commission shall make a determination on such complaint.
    ``(2)(A) If the Commission determines by an affirmative vote of a 
majority of the members voting that a person has committed a violation 
of section 319A, the Commission shall require the person to pay a civil 
money penalty in an amount determined under a schedule of penalties 
which is established and published by the Commission.
    ``(B) If the Commission determines by an affirmative vote of a 
majority of the members voting that a person has committed a violation 
of section 319A under subparagraph (A) and that the candidate knew of 
the violation at the time such violation occurred, the Commission may 
require such candidate to pay a civil money penalty in an amount 
determined under a schedule of penalties which is established and 
published by the Commission.''.
                                 <all>