1.
This Act may be cited as the
Federal Election Integrity Act of
2005
.
2.
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.
3.
Prohibition on campaign activities by election administration
officials
(a)
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:
319A.
Campaign activities by election
officials(a)
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)
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.
.