[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 512 Reported in House (RH)]

                                                 Union Calendar No. 215
111th CONGRESS
  1st Session
                                H. R. 512

                          [Report No. 111-363]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 14, 2009

   Mrs. Davis of California introduced the following bill; which was 
           referred to the Committee on House Administration

                            December 8, 2009

             Additional sponsors: Mr. Gonzalez and Mr. Holt

                            December 8, 2009

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on January 
                               14, 2009]

_______________________________________________________________________

                                 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 
2009''.

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 CHIEF STATE 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 chief state election administration 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 a 
        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 a 
        contribution from any person on behalf of a candidate for 
        Federal office; and
            ``(4) any other act which would be prohibited under 
        paragraph (2) or (3) of section 7323(b) of title 5, United 
        States Code, if taken by an individual to whom such paragraph 
        applies (other than any prohibition on running for public 
        office).
    ``(d) Exception for Campaigns of Official or Immediate Family 
Members.--
            ``(1) In general.--This section does not apply to a chief 
        State election administration official with respect to an 
        election for Federal office in which the official or an 
        immediate family member of the official is a candidate.
            ``(2) Immediate family member defined.--In paragraph (1), 
        the term `immediate family member' means, with respect to a 
        candidate, a father, mother, son, daughter, brother, sister, 
        husband, wife, father-in-law, or mother-in-law.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to the regularly scheduled general election for 
Federal office held in November 2010 and each succeeding election for 
Federal office.
                                                 Union Calendar No. 215

111th CONGRESS

  1st Session

                               H. R. 512

                          [Report No. 111-363]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            December 8, 2009

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed